Kenya: Transfer pricing, direct, and indirect tax measures in Finance Bill, 2023

Finance Bill, 2023 proposes a number of transfer pricing, direct, and indirect tax changes

Finance Bill, 2023 proposes a number of transfer pricing, direct, and indirect tax changes

The National Treasury tabled the Finance Bill, 2023 before the National Assembly on 4 May 2023.

The Finance Bill, 2023 proposes a number of transfer pricing, direct, and indirect tax changes including:

  • Various transfer pricing changes including changes to the definitions of “related person” and “ultimate parent entity” for purposes of country-by-country (CbC) reporting 
  • A 15% withholding tax on income earned by digital content creators
  • An increase of turnover tax from 1% to 3%
  • Exclusion from interest deduction limitation rules for borrowings from resident lenders
  • Reduction in corporate income tax rate applicable to branches from 37.5% to 30%
  • Various changes to capital gains tax, including extension to property owned by partnerships
  • A 35% pay-as-you-earn tax rate for income above Kes 500,000 per month
  • A 3% contribution by employees and employers respectively to finance affordable housing projects 
  • An increase in the VAT rate on petroleum products from 8% to 16%
  • An exemption of exported services from value added tax (VAT)
  • Various changes to excise duties
  • Introduction of an export and investment promotion levy on specified imports

Read a May 2023 report [PDF 5.1 MB] prepared by the KPMG member firm in Kenya

 

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