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Kenya Budget Statement for 2022/23 — Orbitax Tax News & Alerts

Kenya's National Treasury has published the Budget Statement for 2022/23, which was delivered to the National Assembly on 7 April 2022. Tax policy measures announced as part of the statement include:

  • VAT exemptions for:
    • plant and machinery used by manufacturers of pharmaceutical products;
    • medical oxygen supplied to registered hospitals, urine bags, adult diapers, artificial breasts, and colostomy or ileostomy bags for medical use;
    • inputs and raw materials used in the manufacture of passenger motor vehicles; and
    • locally manufactured passenger motor vehicles;
  • Income Tax Act amendments, including:
    • amendments to allow all entities that donate cash to charitable organizations to deduct the donation from their taxable income, instead of just donations to charitable organizations registered under the Societies Act or the Non-Governmental Organizations Coordination Act;
    • amendments to provide for the taxation of gains accruing to non-residents from transactions involving financial derivatives in Kenya; and
    • amendments to exclude microfinance institutions licensed under the Microfinance Act from the new 30% of EBITDA interest deduction restriction introduced in 2021;
  • Tax administration enhancements, including:
    • a change in the name of the tax authority from the Kenya Revenue Authority to the Kenya Revenue Service;
    • a requirement to deposit 50% of disputed tax revenue in a special account when a taxpayer appeals a decision of the Tax Appeals Tribunal in favor of the tax authority, which will be refunded with 30 days if the taxpayer receives a judgment in their favor; and
    • a requirement that the tax authority must issue a decision on a taxpayer objection within 60 days of receiving a valid objection, which is meant to address issues under the current rules that provide a 60-day extension every time the tax authority request additional information.

In addition to the above, the Budget Statement for 2022/23 also mentions various excise and customs duty changes, including the introduction of a 15% excise duty on fees charged by television stations, print media, billboards, and radio stations for advertisements for alcoholic beverages, gambling, and gaming.