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With holding tax on unit trust
mukiha
#11 Posted : Tuesday, September 15, 2009 2:32:00 PM
Rank: Elder

Joined: 6/27/2008
Posts: 4,114
@Ericks;

Let me explain how Withholding tax works,then you will see that you have nothing to worry about as long as you declare the interest earned in your annual tax return.

First,I reiterate that withholding tax is NOT a final tax,it is an installment tax.

Suppose you kept a million bob in one of the good money market funds and earned an average 10%. That's sh100k additional income for you; sio?

Now,suppose further that your fund manager is one of those who have been deducting this withholding tax at the rate of 15% (not sure about the rate)

So,instead of getting the 100k,you actually get 85k plus a withholding tax certificate for 15k

Come the end of the year; you are supposed to declare the full 100k interest and add it to your other income.

Now if you can keep a million bob in a unit trust for a year,your total income must have crossed over into the top tax bracket of 30%.

Therefore,the tax on this interest will be 30% of 100k = 30k.

But 15k has already been deducted through withholding tax. Thus the net tax payable is 15k.

If the withholding tax had not been deducted,then you should pay the full 30k to KRA.

Therefore,in effect,you net interest earned is 70k (or 7%)....this is where the KenGen P.I.Bond is better than other money market investments.....it is tax exempt!!! Presumably,the interest will be accompanied with a tax exemption certificate.

BTW: Even though tax returns are due on June 30th,Tax payments are due on April 30th. So,don't wait until June to pay your taxes; you be hit with penalties for late payment!!! And then you will complain that KRA is unfair [the top of the tax return form states these dates very clearly]

Behind the gardens...Behind the wall...Under the tree (Including: Red...Dark Blue...Yellow)
Nothing is real unless it can be named; nothing has value unless it can be sold; money is worthless unless you spend it.
Ericks
#12 Posted : Tuesday, September 15, 2009 2:57:00 PM
Rank: Member

Joined: 7/29/2008
Posts: 170
@ Mukiha

I salute u for such invaluable wisdom,am smarter now.....

one question u skipped though,what happens to the company that was supposed to withhold the tax but failed to do so??

Its just me
whatever choice you make in life make sure that you can live with it.
Chaka
#13 Posted : Tuesday, September 15, 2009 3:07:00 PM
Rank: Elder

Joined: 2/16/2007
Posts: 2,114
@Mukiha,

Sorry to change the topic but does it also mean that dividend payments should also be declared and if you then fall in the top tax bracket,pay the 25 per cent to the tax man i.e since witholding tax is 5 per cent in this case?




Mkimwa
#14 Posted : Tuesday, September 15, 2009 3:43:00 PM
Rank: Member

Joined: 10/26/2008
Posts: 380
According to the income tax act - third schedule..

The resident withholding tax rates shall be &ndash;
(a) in respect of a dividend,ten per cent of the amount payable;
.
.
.
(e) in respect of a qualifying dividend,five per cent of the amount payable,

I have always thought WHT is final tax in some instances.. w.r.t to dividends,i think it is final tax. I stand to be corrected.

cant find my sec 5 notes,i would have confirmed..
Ericks
#15 Posted : Wednesday, September 16, 2009 7:51:00 AM
Rank: Member

Joined: 7/29/2008
Posts: 170
@ mkimwa

for purposes of this post,When is a dividend deemed to be qualifying or non qualifying for that matter?

Its just me whatever choice you make in life make sure that you can live with it.
ecstacy
#16 Posted : Wednesday, September 16, 2009 8:35:00 AM
Rank: Elder

Joined: 2/26/2008
Posts: 4,449
I believe 5% withholding tax applies to Kenyan dividends.
Mkimwa
#17 Posted : Friday, September 18, 2009 12:34:00 PM
Rank: Member

Joined: 10/26/2008
Posts: 380
@Ericks,

The laws definition of qualifying dvidends is very vague.. read this..

'qualifying dividend' means that part of the aggregate dividend that is chargeable to tax under section 3(2)(b) and which has not been otherwise exempted under any other provision of this Act,but shall not include a dividend paid by a designated co-operative society subject to tax under section 19A(2) or 19A(3);'

Generally.. whether a dividend is qualifying depends on the legislation/gazzettment governing the shareholder and company declaring dividends. E.g. a company registered as a bank,or a financial institution licensed under the Banking Act may have different treatment with a normal trading company under the Company's Act,or a SACCO.

Most of the times,dividends from most companies is deemed qualifying.

Qualifying dividends have WHT as a final tax,you need to keep the WHT certificates and use them while filing your tax returns.
mukiha
#18 Posted : Friday, September 18, 2009 1:05:00 PM
Rank: Elder

Joined: 6/27/2008
Posts: 4,114
Well said @Mkimwa; actually,withholding tax on dividends amounts to double-taxation since the dividend is paid from profit after tax....but that on interest income if fair game

Behind the gardens...Behind the wall...Under the tree (Including: Red...Dark Blue...Yellow)
Nothing is real unless it can be named; nothing has value unless it can be sold; money is worthless unless you spend it.
FundamentAli
#19 Posted : Friday, September 18, 2009 1:20:00 PM
Rank: Veteran

Joined: 11/4/2008
Posts: 1,289
Location: Nairobi
@Mukiha,

Even though withholding tax may be double taxation,you are meant to keep the advice slip for your end of year tax returns. I understand you are meant to deduct the withholding tax as tax already paid by you to KRA. Problem is our meager dividends. The process of recovering Shs. 79/- is not worth the effort.




Baada ya dhiki,faaraja
Mkimwa
#20 Posted : Saturday, September 19, 2009 10:00:00 AM
Rank: Member

Joined: 10/26/2008
Posts: 380
@Mukiha..

Alot of our taxes result in double taxation. e.g. say you earn a salary,you are taxed PAYE. In using the Net amount to buy goods,you are charged VAT. in case you decide to import a car,you will be charged import duty + VAT. Say you invest the amount in a business.. any returns from it will be taxed - corporate rate.

In effect,if you fall in the tax bracket of 30% of ur income,you end up giving the govt abt 50% of your hard earned income. You wake up for 2 weeks in a month to work for the govt and people of Kenya. Really pisses me off,if you ask me. 2 weeks in a month is too much.
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