Skip to main content

      The Income Tax (Collective Investment Schemes Income Tax Exemption) Rules, 2026 (the Rules), published in the Kenya Gazette on 28 August 2026, establish the framework for collective investment schemes seeking and maintaining income tax exemption under Section 20 of the Income Tax Act (ITA).

      The Rules set out the eligibility, application and certification requirements, record-keeping obligations for schemes with exempt investors, and grounds for revocation. They also revoke the previous registered unit trust and collective investment scheme rules while preserving the registration status of schemes registered under the former regime.

      Read the full alert below.


      New Rules on Income Tax Exemption for Collective Investment Schemes

       

      As the Rules take effect, further clarification may be required on whether exemption certificates must be obtained annually, the treatment of existing exemption certificates under the former regime, and the effective date and tax consequences of a revocation. Clear administrative guidance on these matters would promote consistent implementation and reduce uncertainty for existing and newly established schemes.

      Tax Insights

      This alert revisits the Tax Appeals Tribunal’s decision of 19 April 2022 in Aquavita Kenya Limited v Commissioner of Domestic Taxes (Tax Appeal No. 292 of 2021). Although the appeal also covered VAT and procedural matters, this alert focuses on the income-tax treatment of the redeemable preference shares.

      Kenya introduced the Minimum Top-Up Tax (MTT) under section 12G of the Income Tax Act as part of the implementation of the global minimum tax framework. The MTT is intended to ensure that in-scope multinational enterprise (MNE) groups with operations in Kenya are subject to a minimum effective tax rate of 15% on their Kenyan profits.

      Key contacts

      Peter Kinuthia

      Partner, Tax & Regulatory Services

      KPMG in Kenya

      Clive Akora

      Partner, Tax & Regulatory Services

      KPMG in Kenya

      Sandeep Main

      Partner, Tax & Regulatory Services and Africa Head of Private Enterprise

      KPMG One Africa


      Request for proposal

      KPMG combines our multi-disciplinary approach with deep, practical industry knowledge to help clients meet challenges and respond to opportunities. Connect with our team to start the conversation.

      Two colleagues having a chat