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Capital Gains Tax on EQUITIES
obiero
#81 Posted : Thursday, January 08, 2015 7:53:10 AM
Rank: Elder

Joined: 6/23/2009
Posts: 14,321
Location: nairobi
whiteowl wrote:
obiero wrote:
lochaz-index wrote:
whiteowl wrote:
My payout has just checked in.Only 1.83% deducted n no CGT.


Awesome.looking to cash out pretty soonsmile

Wewe andika andika hapa tu.. KRA itakufuata hadi ushangae

@Obiero Ile siku nitashikwa na KRA pia wewe utashikwa na CMA kwa kuhubiri na kutabiri bila kibali smile

Haha..
COOP, IMH, KEGN, KQ, MTNU
Wendz
#82 Posted : Thursday, January 08, 2015 2:45:43 PM
Rank: Elder

Joined: 6/19/2008
Posts: 4,268
sparkly wrote:
Mart_Consult wrote:
Sparkly et al, help me out on this one kindly...

A more interesting scenario is how will they treat bonus shares issued...for instance, after Longhorn's Bonus isssue in the year just concluded, my average buying price came to 6.5...if I sold today at 10...and considering I bought the whole lot at 16...will they consider it as a Capital loss or recalculate and use 6.5 as the buying price (which is not feasible as I actually paid 16/share, the rest were at 0/share) ???

Same goes for rights issues...my average buying price goes down after most rights...so shouldn't I be claiming Cap losses on all these trades???


@ Mart Consult quite simply subtract your costs from your sale proceeds.
eg lets say you bought 1000 shares and got a bonus of 100 shares:

Sales (1100 shares @ 10) = 11,000
Less Cost of shares (1000 @ 16) = (16,000)
Less transaction fees (buy and sell)= (675)

Net Gain/(Loss) = (5,675)

Here you have made a loss of 5,675 hence no tax.


I know this thread is on CGT on equity but I need someone to educate me on Property too

Scenario. I have a plot of land that I bought for say Kshs 1M. The market price is Kshs 4m. Since i am in urgent need for the money, i agree to take Khs 3m.

How will this be treated? Will they take the selling price or the market price?

If they go by the selling price to calculate the capital gain tax, will they consider the same too when paying stamp duty? I know instances when the lands offices have gone by the market price to determine the stamp duty even when the transaction was made at significantly lower price.

sparkly
#83 Posted : Thursday, January 08, 2015 5:32:41 PM
Rank: Elder

Joined: 9/23/2009
Posts: 8,083
Location: Enk are Nyirobi
Wendz wrote:
sparkly wrote:
Mart_Consult wrote:
Sparkly et al, help me out on this one kindly...

A more interesting scenario is how will they treat bonus shares issued...for instance, after Longhorn's Bonus isssue in the year just concluded, my average buying price came to 6.5...if I sold today at 10...and considering I bought the whole lot at 16...will they consider it as a Capital loss or recalculate and use 6.5 as the buying price (which is not feasible as I actually paid 16/share, the rest were at 0/share) ???

Same goes for rights issues...my average buying price goes down after most rights...so shouldn't I be claiming Cap losses on all these trades???


@ Mart Consult quite simply subtract your costs from your sale proceeds.
eg lets say you bought 1000 shares and got a bonus of 100 shares:

Sales (1100 shares @ 10) = 11,000
Less Cost of shares (1000 @ 16) = (16,000)
Less transaction fees (buy and sell)= (675)

Net Gain/(Loss) = (5,675)

Here you have made a loss of 5,675 hence no tax.


I know this thread is on CGT on equity but I need someone to educate me on Property too

Scenario. I have a plot of land that I bought for say Kshs 1M. The market price is Kshs 4m. Since i am in urgent need for the money, i agree to take Khs 3m.

How will this be treated? Will they take the selling price or the market price?

If they go by the selling price to calculate the capital gain tax, will they consider the same too when paying stamp duty? I know instances when the lands offices have gone by the market price to determine the stamp duty even when the transaction was made at significantly lower price.



If sale is between two unrelated people striking a bargain, the SELLING PRICE is taken.

If the sale is between related people or a gift or cannot be valued, MARKET PRICE as determined by KRA is applied.

Stamp Duty is the buyer's obligation and Govt valuer can revalue the property and ask for more (or less) stamp duty. Once Stamp duty is paid it becomes a deductible cost for the buyer.

If the property you are selling now was bought from a related person or was a gift or value cannot be determined, compare what was declared for stamp duty with the market value (as determined by KRA) and take the lesser of the two.
Life is short. Live passionately.
koxwex
#84 Posted : Friday, January 09, 2015 10:23:59 AM
Rank: New-farer

Joined: 9/12/2014
Posts: 22
Location: Nairobi
a gain in share price from when it was acquired is taxed a loss no tax.
Swenani
#85 Posted : Friday, January 09, 2015 1:22:26 PM
Rank: User

Joined: 8/15/2013
Posts: 13,237
Location: Vacuum
koxwex wrote:
a gain in share price from when it was acquired is taxed a loss no tax.


What are you saying
If Obiero did it, Who Am I?
Kihara joni
#86 Posted : Friday, January 09, 2015 1:47:08 PM
Rank: Member

Joined: 5/8/2013
Posts: 386
Location: Nyali mombasa
Okay, so I bought Mumias in 7 lots, 1.50, 1.75, 1.90, 1.85,1.60,1,95 & 2.00/- so if I sell how will they calculate this? what I see is the KRA being KRA taking the lowest buying price as the price of all the shares and working with that...
sparkly
#87 Posted : Friday, January 09, 2015 2:37:10 PM
Rank: Elder

Joined: 9/23/2009
Posts: 8,083
Location: Enk are Nyirobi
sizzla wrote:
Question. Do we pay CGT when selling only?


Not really. CGT is payable when you "Transfer". Transfer could include gifting, abandoning etc in addition to selling.
Life is short. Live passionately.
sparkly
#88 Posted : Friday, January 09, 2015 2:42:18 PM
Rank: Elder

Joined: 9/23/2009
Posts: 8,083
Location: Enk are Nyirobi
Amicus Curiae wrote:
Find basic information on the CGT here:
http://www.kra.go.ke/not...ains-Tax-Guidelines.pdf

My main worry is in properties. If you bought a plot and developed a house for sale. How are they going to determine my total costs at the point of selling the house? If I bought the plot 10 years ago, there is the opportunity cost of my money that has been held there. They shouldn't just assume that the new price of the plot is all capital gain.



It is for you to keep track of your total costs. Maintain receipts, sale agreements, construction expenses, legal expenses, advertising expenses

If you are talking of inflation adjustment, there is none.
Life is short. Live passionately.
sparkly
#89 Posted : Friday, January 09, 2015 3:07:34 PM
Rank: Elder

Joined: 9/23/2009
Posts: 8,083
Location: Enk are Nyirobi
whiteowl wrote:
My payout has just checked in.Only 1.83% deducted n no CGT.


Paragraph 20 of the 8th Schedule to the ITA:
A stockbroker who fails to collect and remit as required under paragraph 18, the amount of income tax out of the proceeds (over which he has control) accruing as a result of the transfer of investment shares is jointly and severally liable with the transferor of the shares for payment of the tax.

KRA can go for the broker or come for you.
Life is short. Live passionately.
guru267
#90 Posted : Friday, January 09, 2015 3:15:16 PM
Rank: Elder

Joined: 1/21/2010
Posts: 6,675
Location: Nairobi
Kihara joni wrote:
Okay, so I bought Mumias in 7 lots, 1.50, 1.75, 1.90, 1.85,1.60,1,95 & 2.00/- so if I sell how will they calculate this? what I see is the KRA being KRA taking the lowest buying price as the price of all the shares and working with that...


FIFO
Mark 12:29
Deuteronomy 4:16
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