The Tax Laws (Amendment) Bill, 2024

1 Nov 2024 domainNational Assembly National Assembly Bills No. 47 of 2024 Gazette: Supplement No. 192
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Status Timeline

Proposed

Active now

Public Review

Pending

Debate

Pending

Executive

Pending

Final

Pending

1

New 15% Minimum Top-Up Tax for Multinational Enterprises

Inserts a new Section 12G in the Income Tax Act (Cap. 470) introducing a Minimum Top-Up Tax for multinational groups with a consolidated annual turnover of EUR 750 million or more. The tax ensures that the group's effective tax rate in Kenya is brought up to a minimum threshold of 15% of net income.

2

Digital Service Tax Replaced by Significant Economic Presence Tax

Repeals Section 12E of the Income Tax Act (Cap. 470) to replace the 1.5% Digital Service Tax with a Significant Economic Presence Tax for non-residents.

  • Deemed taxable profit is set at 10% of gross turnover.
  • The rate of tax is 30% of the deemed taxable profit, resulting in an effective tax rate of 3% on gross turnover.
  • Returns must be filed and tax paid by the 20th day of the following month.
3

Increased Pension Deductions and New Health Levies Deductibility

Amends Sections 22A and 22B of the Income Tax Act (Cap. 470) to increase the maximum tax-deductible contribution to registered pension or provident funds from KSh 240,000 to KSh 360,000 per year (KSh 30,000 per month). It also introduces tax deductions for:

  • The Affordable Housing Levy paid under the Affordable Housing Act, 2024.
  • Contributions made to the Social Health Insurance Fund (SHIF).
  • Contributions to post-retirement medical funds up to KSh 15,000 per month.
4

Withholding Tax Introduced on Goods Supplied to Public Entities

Amends Section 35 of the Income Tax Act (Cap. 470) to introduce a withholding tax on payments made by public entities (ministries, state departments, and county governments) for the supply of goods. The rates are:

  • 5% for resident entities.
  • 0.5% for non-resident entities.
5

Higher Railway Development Levy and Increased Excise Duties

Amends Section 8 of the Miscellaneous Fees and Levies Act (Cap. 469C) to raise the Railway Development Levy from 1.5% to 2.5% of the customs value of imported goods. It also amends the Excise Duty Act (Cap. 472) to increase the excise rate on betting, gaming, lotteries, and prize competitions from 12.5% to 15%, raise excise duty on liquid nicotine to KSh 100 per ml (up from KSh 70), and tax imported sugar at KSh 7.50 per kg.

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