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With holding tax on unit trust
Ericks
#1 Posted : Tuesday, September 15, 2009 7:52:00 AM
Rank: Member

Joined: 7/29/2008
Posts: 170
On Thursday last week (10/09/2009) i saw a communique from KRA in the daily nation newspaper page 25.... indicating that fund managers a required to deduct withholding tax before distributing interest gains to unit holders...

I thought unit trusts and gains from the same are tax exempt,,,,,what does this mean? i have tried to contact the contact person as per that extract without much success...

are there fund managers who are complying to this directive?? and what happens to those who dont like my fund manager..

Its just me whatever choice you make in life make sure that you can live with it.
se7en
#2 Posted : Tuesday, September 15, 2009 8:09:00 AM
Rank: Member

Joined: 11/27/2006
Posts: 108
what do you mean ericks? on what unit trusts? thats the 2nd reason I dont keep my money with Mr. Gulf! kindly clarify...

if you can not be kind,at least have the decency to be vague
speak softly and carry a big stick, you will go far... Theodore Roosevelt
Ericks
#3 Posted : Tuesday, September 15, 2009 8:49:00 AM
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Joined: 7/29/2008
Posts: 170
@ saba

Check daily nation paper dated 10/09/2009... page 25....

Its just me
whatever choice you make in life make sure that you can live with it.
mukiha
#4 Posted : Tuesday, September 15, 2009 9:59:00 AM
Rank: Elder

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

Interest income from money-market unit trusts is NOT exempt from tax!

Therefore,Unit managers are required to deduct Withholding tax before paying the interest.

However; capital appreciation of an equity fund unit trust is exempt-there is not capital gains tax in Kenya [they tried to introduce it a couple of years back but parliament shot it down]

FYI: Just to clarify; withholding tax is not a FINAL tax! It is an installment tax. This means that you must pay the full tax (depending on your tax bracket) of the interest earned. Check your tax return form to see how this is done.

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
#5 Posted : Tuesday, September 15, 2009 10:09:00 AM
Rank: Member

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

Thanks for that clarification... to the best of my knowledge,my fund manager has not been deducting withholding tax from money market interest... whats the implication on my part if KRA knocks the big door demanding for payment of the same.... am i the liable party or will it be my fund manager??? if its the later,can the fund manager pass the load to us unit holders or how would that work??

Its just me
whatever choice you make in life make sure that you can live with it.
mukiha
#6 Posted : Tuesday, September 15, 2009 10:16:00 AM
Rank: Elder

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

You will only have a problem with KRA if you have not been declaring the income from your unit trust in your annual return

Remember that the law requires you to declare ALL your income. Have a look at the tax return form and you will see a section on INTEREST INCOME
Deducting [and remitting] withholding tax is the responsibility of the person paying the interest (e.g.,a bank,a fund manager,a client paying a consultant etc) The recipient of the interest (i.e. you) is responsible for declaring it at the end of the year.

FYI: don't fear the taxman; he is actually very friendly when you declare all your income...you can even negotiate a payment plan if you are having cash-flow problems.

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.
Spetznaz
#7 Posted : Tuesday, September 15, 2009 11:04:00 AM
Rank: Member

Joined: 1/2/2008
Posts: 2
It appears that there are two groups of fund managers ...one has been withholding,and the other group has not been withholding. It will be very interesting how this unfolds. It is potentially one of the most under-reported manenos in the financial markets.

Commonsense is never common
mukiha
#8 Posted : Tuesday, September 15, 2009 11:14:00 AM
Rank: Elder

Joined: 6/27/2008
Posts: 4,114
Spet...who?

that's a difficult one...

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
#9 Posted : Tuesday, September 15, 2009 11:34:00 AM
Rank: Member

Joined: 7/29/2008
Posts: 170
@ Spec.............

waoh so there have been different practices in this regard? i wonder what happens next...

@ Mukiha....

If i declare my tax returns and indicate appropriately that i earned interest income from a money market fund yet i didnt pay the tax or rather my tax was not withheld,will i be free of blame by KRA,,if anything i have done my part right??
on the same light assuming that the govt issue a directive that from 2day both the unpaid and future WHT be remmitted with immediate effect,who pays the unpaid portion? keeping in mind that some investors might have withdrawn before this directive was issued....

Its just me
whatever choice you make in life make sure that you can live with it.
Spetznaz
#10 Posted : Tuesday, September 15, 2009 11:39:00 AM
Rank: Member

Joined: 1/2/2008
Posts: 2
@ Ericks

I am not sure. I was only told so by a rela who works for a tax/audit companies ...apparently it has been a big undercover issue for months now,and finally KRA has put its foot down. I guess it remains to be seen how the ones that have not been paying will handle it.

I do not think it will affect investors - maybe the companies.


Common sense is never common
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