Professional Documents
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LECTURE OUTLINE
c) Non-Resident:
Means any person (individual or body of
persons) not covered by the above conditions
for resident.
Finance act 2021 defines permanent residence as :
1.A fixed place of business through which a business is carried on;
2.A building site, construction, assembly or installation project or any
supervisory activity, provided that the same continues for more than 183
days;
3.Provision of services including consultancy services through employees or
other personnel where those services continue for more than a period
exceeding in aggregate, 91 days in any twelve month period;
4.An installation or structure used for exploration of natural resources
provided that such activity continues for a period of 91 days or more; and
5.A dependent agent of a person acting on behalf of the principal in respect
of activities undertaken in Kenya including habitually concluding contracts
or playing a material role in the conclusion of contracts that are routinely
concluded without material modification.
The above are effective from 1st July 2021
The 2022 Finance Act has introduced the definition of a “permanent home”
to mean a place where an individual resides or which is available to that
individual for residential purposes in Kenya, or where in the opinion of the
Commissioner the individual’s personal or economic interests are closest.
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Significance of the concept of residence for Individuals
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Income can be from employment, business,
profession, from property (e.g rent and
royalties),investment(e.g interests and
dividends),among other sources
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EMPLOYMENT INCOME
Gains or profits from employment or service
rendered
Include cash as well as non-cash payments.
• 1) Cash payments to employees will include:
• a) Wages, salary, leave pay, sick pay, payment in
lieu of leave, director's fees, overtime, commission,
bonus, gratuity, compensation for the termination
of any contract of employment or service etc.
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iv) Non whole time service director,
The value of the housing benefit is
The higher of:
a. 15% of the total income, excluding the
value of the premises,
b. market rental value and
c. Rent paid by the employer.
LESS own contribution towards rent
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(v) Agricultural employees
They are required by terms of
employment to reside on a plantation or
farm
Taxable housing benefit is:
The higher of:
a.10% of the total employment income
b. market rental value and
c. rent paid by the employer
• LESS own contribution towards rent
vi)Employees provided with both
accommodation and meals
– such employees include those in hotel
industry where both accommodation and
meals are provided.
-Housing benefit is determined as 20% of the
gains from employment.
N/B
If the premises are occupied for part of the
year only, the value is prorated
Exemption of housing benefit from taxation
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Loans to employees
• Fringe Benefit Tax (FBT) is payable on interest free or
low interest loan granted to employees.
• FBT is paid by the employer, whether exempted from tax
or not, at the resident corporate tax rate currently 30%.
• The benefit is the difference between actual interest
charged and the interest computed using the
Commissioner’s prescribed rate published quarterly.
• Fringe benefit tax is charged at the corporate tax
rate(30%) and paid by the employer on a monthly basis.
i.e Fringe benefits=Amount of loan (market interest rate-
low interest rate)n/12
where n is the number of months or period of the loan.
Example:
Mr.Otieno was granted a loan of sh.2m by his
employer on 1st august 2018 at an interest rate
of 5% p.a.The prescribed interest rate then was
15% p.a.
Calculate fringe benefit tax .
Solution
Fringe benefits=Amount of loan (market interest
rate-low interest rate)n/12
=2m(15%-5%)5/12=sh.83,333
FBT per month =FBT*Corporate tax *1/n
=83,333*30%*1/5=sh.5,000
Per diems
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12.For disabled persons, the first sh.150,000
of their total income per month is exempt
from tax .
In addition, such a person is allowed to
deduct from his chargeable income any
expenses in respect of ‘home care’ and
‘personal care’ like drugs and treatment
expenses subject to a maximum of
sh.50,000 per month.
Proof of registration with the National
Council for Persons with Disability will
be required
• 13.)The monthly pension payments received
by a pensioner who has attained 65years of
age are exempt from tax.
N/B The Finance Act, 2020 has amended Paragraph 53 to
the First Schedule of the Income Tax Act thereby making
lumpsum pension paid to persons aged 65 years of age or
more taxable effective 30 June 2020.
Monthly or lump sum pension granted to
persons aged 65 years or more was exempt
from tax. However, w.e.f 30 June 2020 only the
monthly pension granted to persons who are 65
years and above will continue to be tax-exempt
but the lump sum pension will now be taxable
14).Effective 1 January 2011,
Gratuities due to an employee is
tax free for the employee when
paid directly to a registered
pension fund by the employer.
• The tax free amount is limited to
KShs 240,000 per annum.
15.With effect from 2014,cost of meals
served in canteens and cafeterias operated
or established by the employer or provided
by a third party who is a registered
taxpayer (whether the meals are supplied
in the premises of the employer or the
premises of the third party) where the
value of the meal does not exceed the sum
of sh.48,000 per year per employee.
Highlights of changes introduced by finance act 2020 as
concerns employment income
-Life Insurance
-Education Policy with a maturity period of at least ten years
-Health Insurance
The finance act 2021 has extended insurance relief to include
National Health Insurance Fund (NHIF) contributions.(effective
january 2022)
Personal relief
Expenses that are deductible/allowable against employment income:
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Afterfiling the return online via iTax, generate a payment slip and
present it at any of the appointed KRA banks to pay the tax due.
You can also pay via Mpesa.Use the KRA Pay bill number 572572.
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FORMAT OF A RETURN ON INCOME
Summary
•
• NAME
• TASK
• YEAR OF
INCOME_________________________________________________
• SOURCE OF INCOME:
• Employment
• Cash benefits xxxx
• Non cash benefits xxxx
• Less allowable deductions against employment(NSSF,MIR etc) (xxxx)
• Taxable employment income xxxx
Gross tax (PAYE on taxable employment income) xxx
Less personal relief,insurance relief (xxx)
Net tax liability xxx
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Compute net monthly salary after tax if gross salary is
sh.100,000,NHIF is 1,700 and NSSF is sh.200
Gross Salary Kshs 100,000.00
NSSF Deducted Kshs 200.00
Gross Salary after NSSF Deduction (Taxable Pay) Kshs 99,800.00
Kshs 0 - Kshs
Kshs 24,000.00 10% Kshs 2,400.00
24,000.00
Kshs 24,000.00 -
Kshs 8,333.33 25% Kshs 2,083.33
Kshs 32,333.33
Kshs 32,333.33
Kshs 67,466.67 30% Kshs 20,240.00
and above
PAYE before relief Kshs 24,723.33
Monthly relief Kshs 2,400.00
PAYE after relief Kshs 22,323.33
NHIF Deducted Kshs 1,700.00
Other Deductions Kshs 0.00
NET Monthly Salary Kshs 75,777
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Note
Individual Income Tax Returns should be
filed on or before 30th June of the
following year.
Penalty on late filing: Whichever is
higher between, 5% of the tax due or Kshs.
2,000.
Penalty on late payment: 5% of the tax
due and a late payment interest of 1% per
month on the unpaid tax until the tax is
paid in full.
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Quiz
A manager earns basic salary of Kshs.
30,000 per month plus other benefits of
Kshs. 15,000/= .His house rent is paid for
by employer at Kshs. 20,000 per month
under an agreement made at arm’s length
with the third party. Calculate the taxable
taxable pay and tax thereof.
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MORE EXAMPLES TO BE DONE IN
CLASS
THANK YOU
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