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Tax Question...
washiku
#21 Posted : Thursday, February 20, 2014 1:22:24 PM
Rank: Chief


Joined: 5/9/2007
Posts: 13,095
With the Taxes coming up everyday, dont be surprised if one county govt starts taxing grandmothers on all the money they are given by their children. Didn't I hear even harambees will soon be taxed? In a harambee situation, has one "earned" that money in the strict sense?
Swenani
#22 Posted : Thursday, February 20, 2014 1:22:53 PM
Rank: User


Joined: 8/15/2013
Posts: 13,236
Location: Vacuum
jguru wrote:
he he he

Interesting that Accountants and Tax Consultants cannot agree on how much a lady with an income of KES50,000 should pay. Imagine the chaos when the income is 50 Million!

No wonder big companies like Nakumatt do not pay tax... smile


Its difficult dealing with tax consultants and auditors who dont have any accounting experience.Most of them graduated from campus or college and headed direct to be either tax consultants or auditors.

Auditors are the worst coz they only have the theoritical knowledge.

I think we should have a requirement that before you specialize in any accounting speciality you should have practically accounting experience first
If Obiero did it, Who Am I?
nakujua
#23 Posted : Thursday, February 20, 2014 1:48:21 PM
Rank: Elder


Joined: 12/17/2009
Posts: 3,583
Location: Kenya
jguru wrote:
he he he

Interesting that Accountants, Auditors and Tax Consultants cannot agree on how much a lady with an income of KES50,000 should pay. Imagine the chaos when the income is 50 Million!

No wonder big companies like Nakumatt do not pay tax... smile

smile , considering this is a straight forward case with very well defined income streams - what happens to the typical kenyan mwanabiashara;
one who owns some rental mikokotenis, an old truck that he probably services himself, a few mpesa joints, a mitumba stall, offers mujengo consultancy services, has an escort agency, mc's at local functions, is a ghost kanjo employee ...
sparkly
#24 Posted : Thursday, February 20, 2014 1:56:42 PM
Rank: Elder


Joined: 9/23/2009
Posts: 8,083
Location: Enk are Nyirobi
Kusadikika wrote:
A woman has a garden on which she grows mboga and rears cows. From the milk and mboga proceeds she nets about Ksh. 10,000 per month. She also has some rental houses that bring in another Ksh. 15,000. She has 5 grown children who each give her Ksh. 5,000 every month. All for a total of Ksh. 50,000 per month.

Question:

According to KRA (For taxation purposes) what is her income? Are all monies received considered income?

Naomba kufunzwa.


Farming and Rental will be taxed. Tax on the two streams is computed separately (separate sourced) and she will not be allowed to offset losses from one to another. If her tax liability is KShs 40k or more in the year she will be required to pay tax quarterly. If less, she can pay by 20th April the next year.
Life is short. Live passionately.
jawgey
#25 Posted : Thursday, February 20, 2014 3:47:23 PM
Rank: Member


Joined: 1/13/2014
Posts: 386
Location: Denmark
jguru wrote:
he he he

Interesting that Accountants, Auditors and Tax Consultants cannot agree on how much a lady with an income of KES50,000 should pay. Imagine the chaos when the income is 50 Million!

No wonder big companies like Nakumatt do not pay tax... smile


Laughing out loudly Laughing out loudly Laughing out loudly
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Kusadikika
#26 Posted : Thursday, February 20, 2014 3:47:29 PM
Rank: Elder


Joined: 7/22/2008
Posts: 2,702
Nashukuru sana. So according to many of you except Gathige, KRA has no clause on gift giving? No limits?
PeterReborn
#27 Posted : Thursday, February 20, 2014 4:18:34 PM
Rank: Veteran


Joined: 1/3/2014
Posts: 1,063
Kusadikika wrote:
Nashukuru sana. So according to many of you except Gathige, KRA has no clause on gift giving? No limits?


According to the income tax Act,non cash benefits will be taxed if the income is more than shs 36000 p.a.
The question is at what circumstance was the gift issued?If it was not in the course of business or employment such as dowry,then it is not taxable.
The court also stopped KRA from taxing windfall gains.
For the above query the income taxable is business and farming income at the graduated scale rates.
Consistency is better than intensity
Much Know
#28 Posted : Thursday, February 20, 2014 4:51:10 PM
Rank: Elder


Joined: 12/6/2008
Posts: 3,548
PeterReborn wrote:

For the above query the income taxable is business and farming income at the graduated scale rates.

Kindly, Calculated together(Combined Gross Income from both) or Seperately,( A separate graduated scale for farming and another for rental), If the former what is the lowest rate (we have been advised the highest is 20%)?
A New Kenya
Lolest!
#29 Posted : Thursday, February 20, 2014 5:01:53 PM
Rank: Elder


Joined: 3/18/2011
Posts: 12,069
Location: Kianjokoma
jguru wrote:
he he he

Interesting that Accountants, Auditors and Tax Consultants cannot agree on how much a lady with an income of KES50,000 should pay. Imagine the chaos when the income is 50 Million!

No wonder big companies like Nakumatt do not pay tax... smile

why the assumption that the respondents fall under those jobs?
Laughing out loudly smile Applause d'oh! Sad Drool Liar Shame on you Pray
butterflyke
#30 Posted : Thursday, February 20, 2014 5:12:20 PM
Rank: Elder


Joined: 5/1/2010
Posts: 3,024
Location: Hapa
jguru wrote:
he he he

Interesting that Accountants, Auditors and Tax Consultants cannot agree on how much a lady with an income of KES50,000 should pay. Imagine the chaos when the income is 50 Million!

No wonder big companies like Nakumatt do not pay tax... smile



i hope this is not mirrored kwa njiraini
Float like a butterfly, sting like a bee. - Muhammad Ali🐝
PeterReborn
#31 Posted : Friday, February 21, 2014 1:15:00 PM
Rank: Veteran


Joined: 1/3/2014
Posts: 1,063
Much Know wrote:
PeterReborn wrote:

For the above query the income taxable is business and farming income at the graduated scale rates.

Kindly, Calculated together(Combined Gross Income from both) or Seperately,( A separate graduated scale for farming and another for rental), If the former what is the lowest rate (we have been advised the highest is 20%)?


Taxation in Kenya depends on whether its a corporate or individual and also whether resident or non resident.
The two will be taxed separately.For both the rental and farming income you need to deduct the allowable deductions.The tax will be based on the net amounts.
For rental income the resident individuals will be taxed through the graduated scale rates.If resident companies,charged at a flat rate of 30% and if non resident,a withholding tax of 30% on gross amount will be applicable.
Net farming income will be added as other incomes and computed through the graduated scale rates.
If there was any tax paid at the source ie withholding tax and installment tax,then that tax will be deducted from the total tax payable.
Consistency is better than intensity
Kusadikika
#32 Posted : Friday, February 21, 2014 4:30:13 PM
Rank: Elder


Joined: 7/22/2008
Posts: 2,702
PeterReborn wrote:
Much Know wrote:
PeterReborn wrote:

For the above query the income taxable is business and farming income at the graduated scale rates.

Kindly, Calculated together(Combined Gross Income from both) or Seperately,( A separate graduated scale for farming and another for rental), If the former what is the lowest rate (we have been advised the highest is 20%)?


Taxation in Kenya depends on whether its a corporate or individual and also whether resident or non resident.
The two will be taxed separately.For both the rental and farming income you need to deduct the allowable deductions.The tax will be based on the net amounts.
For rental income the resident individuals will be taxed through the graduated scale rates.If resident companies,charged at a flat rate of 30% and if non resident,a withholding tax of 30% on gross amount will be applicable.
Net farming income will be added as other incomes and computed through the graduated scale rates.
If there was any tax paid at the source ie withholding tax and installment tax,then that tax will be deducted from the total tax payable.


Asante sana PeterReborn. Much appreciated.
PeterReborn
#33 Posted : Monday, February 24, 2014 4:42:50 PM
Rank: Veteran


Joined: 1/3/2014
Posts: 1,063
Kusadikika wrote:
PeterReborn wrote:
Much Know wrote:
PeterReborn wrote:

For the above query the income taxable is business and farming income at the graduated scale rates.

Kindly, Calculated together(Combined Gross Income from both) or Seperately,( A separate graduated scale for farming and another for rental), If the former what is the lowest rate (we have been advised the highest is 20%)?


Taxation in Kenya depends on whether its a corporate or individual and also whether resident or non resident.
The two will be taxed separately.For both the rental and farming income you need to deduct the allowable deductions.The tax will be based on the net amounts.
For rental income the resident individuals will be taxed through the graduated scale rates.If resident companies,charged at a flat rate of 30% and if non resident,a withholding tax of 30% on gross amount will be applicable.
Net farming income will be added as other incomes and computed through the graduated scale rates.
If there was any tax paid at the source ie withholding tax and installment tax,then that tax will be deducted from the total tax payable.


Asante sana PeterReborn. Much appreciated.

Karibu sana @Kusadikika.
Consistency is better than intensity
Swenani
#34 Posted : Tuesday, May 19, 2015 7:55:51 PM
Rank: User


Joined: 8/15/2013
Posts: 13,236
Location: Vacuum
Fpr guys working in diaspora but are resident/Nationals of Kenya,do they file KRa returns? If yes, if your country (e.g Uk) have DTA with Kenya,how do you file the returns?
If Obiero did it, Who Am I?
vky
#35 Posted : Tuesday, March 21, 2017 5:26:32 PM
Rank: Member


Joined: 6/17/2010
Posts: 572
tax experts, consultants, what happens in the following scenario;

setting up a small biz, biz will deal in goods attracting VAT, now, the VAT Act sets the amount of revenue a biz requires so as to be registered for VAT at over 5m per year, this biz will not generate enough revenue to meet the 5m threshold by VAT Act at least for two years of operation, when i asked two different KRA guys who both deal with VAT, about the above, they both said i should register without regard to what the Act says.
should i go with what the law says or should i register for VAT without meeting the set threshold, is that even possible
'One headache for famous medieval holy people was that someone might murder you to acquire your body parts for the relics trade'
Swenani
#36 Posted : Tuesday, March 21, 2017 6:56:40 PM
Rank: User


Joined: 8/15/2013
Posts: 13,236
Location: Vacuum
vky wrote:
tax experts, consultants, what happens in the following scenario;

setting up a small biz, biz will deal in goods attracting VAT, now, the VAT Act sets the amount of revenue a biz requires so as to be registered for VAT at over 5m per year, this biz will not generate enough revenue to meet the 5m threshold by VAT Act at least for two years of operation, when i asked two different KRA guys who both deal with VAT, about the above, they both said i should register without regard to what the Act says.
should i go with what the law says or should i register for VAT without meeting the set threshold, is that even possible




No need to register but you will have to pay ToT if your annual gross revenue is above 500k and below 5m
If Obiero did it, Who Am I?
sparkly
#37 Posted : Wednesday, March 22, 2017 6:06:43 AM
Rank: Elder


Joined: 9/23/2009
Posts: 8,083
Location: Enk are Nyirobi
Swenani wrote:
vky wrote:
tax experts, consultants, what happens in the following scenario;

setting up a small biz, biz will deal in goods attracting VAT, now, the VAT Act sets the amount of revenue a biz requires so as to be registered for VAT at over 5m per year, this biz will not generate enough revenue to meet the 5m threshold by VAT Act at least for two years of operation, when i asked two different KRA guys who both deal with VAT, about the above, they both said i should register without regard to what the Act says.
should i go with what the law says or should i register for VAT without meeting the set threshold, is that even possible




No need to register but you will have to pay ToT if your annual gross revenue is above 500k and below 5m


Has to remember that ToT is N/A if set up as a limited company.
Life is short. Live passionately.
Swenani
#38 Posted : Wednesday, March 22, 2017 9:27:43 AM
Rank: User


Joined: 8/15/2013
Posts: 13,236
Location: Vacuum
sparkly wrote:
Swenani wrote:
vky wrote:
tax experts, consultants, what happens in the following scenario;

setting up a small biz, biz will deal in goods attracting VAT, now, the VAT Act sets the amount of revenue a biz requires so as to be registered for VAT at over 5m per year, this biz will not generate enough revenue to meet the 5m threshold by VAT Act at least for two years of operation, when i asked two different KRA guys who both deal with VAT, about the above, they both said i should register without regard to what the Act says.
should i go with what the law says or should i register for VAT without meeting the set threshold, is that even possible




No need to register but you will have to pay ToT if your annual gross revenue is above 500k and below 5m


Has to remember that ToT is N/A if set up as a limited company.


Quote:
For TOT purposes, " Business" includes
any trade, profession or vocation, and
every manufacture, adventure and
concern in the nature of trade, but does
not include:
(i) employment income
(ii) exempt incomes falling under the
I"Schedule of the Income Tax Act
_i) business incomes subject to a final
Withholding tax i.e. Bank
interest,divindents,
Incomes earned from government
bonds & treasury bills, payments made
to non-residents
(iv) Persons in receipt of business Incomes
but with annual turnover below Kshs.
500,000-
(v) limited companies
(vi) Rental Income
(vii) Professional, management fees

If Obiero did it, Who Am I?
bennry
#39 Posted : Wednesday, March 22, 2017 10:20:00 AM
Rank: New-farer


Joined: 8/12/2016
Posts: 22
vky wrote:
tax experts, consultants, what happens in the following scenario;

setting up a small biz, biz will deal in goods attracting VAT, now, the VAT Act sets the amount of revenue a biz requires so as to be registered for VAT at over 5m per year, this biz will not generate enough revenue to meet the 5m threshold by VAT Act at least for two years of operation, when i asked two different KRA guys who both deal with VAT, about the above, they both said i should register without regard to what the Act says.
should i go with what the law says or should i register for VAT without meeting the set threshold, is that even possible


Start the biashara as a limited company with only the income tax obligation. since your annual turnover is not likely to be over 5m you dont need to register for VAT and since its a ltd co no need for TOT.
If you pay your self a salary note it will be liable to PAYE. Profits will be liable to tax at 30%

TOT scenario- your gross revenue will be liable to tax at 3% which is a final tax. As this is taxed on revenues, you may be paying to the tax man more than you probably ought to since expense are not allowable. This is however more simplified since you pay on gross and spend the rest vile unataka.

In both scenarios when your annual revenues hit 5m you will have to register for VAT.

Flo-ology
#40 Posted : Wednesday, March 22, 2017 5:22:53 PM
Rank: Member


Joined: 12/17/2016
Posts: 225
bennry wrote:
vky wrote:
tax experts, consultants, what happens in the following scenario;

setting up a small biz, biz will deal in goods attracting VAT, now, the VAT Act sets the amount of revenue a biz requires so as to be registered for VAT at over 5m per year, this biz will not generate enough revenue to meet the 5m threshold by VAT Act at least for two years of operation, when i asked two different KRA guys who both deal with VAT, about the above, they both said i should register without regard to what the Act says.
should i go with what the law says or should i register for VAT without meeting the set threshold, is that even possible


Start the biashara as a limited company with only the income tax obligation. since your annual turnover is not likely to be over 5m you dont need to register for VAT and since its a ltd co no need for TOT.
If you pay your self a salary note it will be liable to PAYE. Profits will be liable to tax at 30%

TOT scenario- your gross revenue will be liable to tax at 3% which is a final tax. As this is taxed on revenues, you may be paying to the tax man more than you probably ought to since expense are not allowable. This is however more simplified since you pay on gross and spend the rest vile unataka.

In both scenarios when your annual revenues hit 5m you will have to register for VAT.


@Bennry, what if you dont have VAT obligation and you deliver services but the end user,lets say Company X, which is appointed on behalf of KRA as Withholding VAT agent withholds VAT and pays you less 6% ?
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