The Finance Bill, 2023

28 Apr 2023 domainNational Assembly No. 14 of 2023 Gazette: Supplement No. 56
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Status Timeline

Proposed

Active now

Public Review

Pending

Debate

Pending

Executive

Pending

Final

Pending

1

Mandatory Electronic Invoicing (eTIMS) with KSh 1 Million Penalty

Sections 23A and 86 of the Tax Procedures Act, 2015 are amended to require businesses to issue electronic tax invoices through the electronic tax invoice management system (eTIMS). Failure to comply or issue eTIMS invoices attracts a penalty of KSh 1 million or an amount equal to ten times the tax due, whichever is higher.

2

New Digital Asset Tax and Digital Content Monetisation Taxes

Introduces a digital asset tax at 3% on the transfer or exchange value of digital assets such as cryptocurrencies and non-fungible tokens (Section 12F). It also introduces a 15% withholding tax on income earned from digital content monetisation, covering advertisements, sponsorships, affiliate marketing, and subscription services.

3

National Housing Development Fund Mandatory Contributions

Amends the Employment Act, 2007 (adding Section 31B) to mandate that both employers and employees contribute 3% of the employee's monthly basic salary to the National Housing Development Fund. The total joint monthly contribution is capped at KSh 5,000.

4

Turnover Tax Threshold Adjusted and Rate Raised to 3%

Amends Section 12C of the Income Tax Act to lower the turnover tax minimum threshold to KSh 500,000 (down from KSh 1 million) and reduce the upper limit to KSh 15 million (down from KSh 50 million). The tax rate on this gross turnover is increased from 1% to 3%.

5

Disputed Tax Deposit Requirement for High Court Appeals

Amends Section 32 of the Tax Appeals Tribunal Act, 2013 to require taxpayers appealing a Tribunal decision to the High Court to deposit an amount equivalent to 20% of the disputed tax, or provide equivalent security, with the Commissioner before filing the appeal.

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