[kictanet] Kenya:- Kenya Finance Bill 2019:- Taxation of digital economy

Ali Hussein ali at hussein.me.ke
Thu Aug 8 06:43:32 EAT 2019


Ephraim

This is an important topic. I suggest that we take this one seriously. We
must prepare a substantive response to the bill and make our
representations super clear.

Regards

*Ali Hussein*

*Principal*

*AHK & Associates*



Tel: +254 713 601113

Twitter: @AliHKassim

Skype: abu-jomo

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<http://ke.linkedin.com/in/alihkassim>




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organizations that I work with.


On Wed, Aug 7, 2019 at 8:08 PM Ephraim Percy Kenyanito via kictanet <
kictanet at lists.kictanet.or.ke> wrote:

> *Kenya:-* Kenya Finance Bill 2019:- Taxation of digital economy
>
> In order to tap into the fast growing digital economy, the Bill proposes
> to tax income accruing through a digital marketplace by introducing a new
> charging section.
>
> Although this is a welcome move to increase the tax base, it is still not
> clear how international digital platforms with no physical presence in
> Kenya will be taxed. In this regard, it is expected that special rules may
> soon be formulated detailing the operational mechanics of how taxation of
> the digital economy will be undertaken. (It can be found here:-
> http://www.parliament.go.ke/sites/default/files/2019-07/Finance%20Bill%2C%202019_compressed.pdf
> )
> Below are the relevant portions of the proposed laws:
>
>
>    -
>
>    Section 3: Section 3 of the Income Tax Act is proposed to be amended
>    by inserting the words highlighted:
>    -
>
>       (1). Subject to, and in accordance with this act, a tax to be known
>       as income tax shall be charged each year of income upon all the income of a
>       person, whether resident or non-resident, which accrued in or was
>       derived from Kenya
>       -
>
>       (2). Subject to this Act, income upon which tax is chargeable under
>       this Act is income in respect of
>       -
>
>          A. Gains or profits from:
>          -
>
>             Any business, for whatever period of time carried on;
>             -
>
>             Any employment or services rendered;
>             -
>
>             Any right granted to any other person for use or occupation
>             of property;
>             -
>
>          B. Dividends or interest
>          -
>
>          C. a pension, charge or annuity; ii. Any withdrawals from, or
>          payments out of, a registered pension fund or a registered provident fund
>          or a registered individual retirement fund; and (iii) any withdrawals from
>          a registered home ownership savings plan
>          -
>
>          D.income chargeable to tax includes income accruing through a
>          digital marketplace
>          -
>
>          e. ‘Digital marketplace’ means a platform that enables the
>          direct interaction between buyers and sellers of goods and services through
>          electronic means
>          -
>
>          E. AN amount deemed to be the income of any person under this
>          Act or by rules made under this Act;
>          -
>
>          F. Gains accruing in the circumstances prescribed in, and
>          computed in accordance with, the Eight Schedule
>          -
>
>          G. Subject to section 15(5A), the net gain derived on the
>          disposal of an interest in a person, if the  interest derives twenty per
>          cent or more of its value, directly or indirectly, from immovable property
>          in Kenya; and
>          -
>
>          H. A natural resource income
>          -
>
>    Section 5 of the Value Added Tax Act, 2013  is proposed to be amended
>    by inserting the words highlighted
>    -
>
>       1. A tax, to be known as the value added tax, shall be charged in
>       accordance with the provisions of this Act on -
>       -
>
>          (a). A taxable supply made by a registered person in Kenya
>          -
>
>          b. The importation of taxable goods; and
>          -
>
>          c. The supply of taxable services
>          -
>
>       2. The rate of tax shall be:
>       -
>
>          A. in the case of zero-rated supply, 0% or
>          -
>
>          In the case of goods listed in section B of the first schedule 8%
>          -
>
>          In any other case, 16% of the taxable value of the taxable
>          supply, the value of imported taxable goods or the value of a supply of
>          imported taxable services.
>          -
>
>       ...7. The provisions of subsection (1) shall be applicable to
>       supplies made through a digital marketplace
>       -
>
>       8. For the purposes of this section, a ‘digital marketplace’ means
>       a platform that enables the direct interaction between buyers and sellers
>       of goods and services through electronic means
>
> --
> Best Regards,
> Ephraim Percy Kenyanito
> Digital Program Officer
>
>
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