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Speaking in Kiambu National Polytechnic on Budget & Privatisation, National Treasury CS, John Mbadi has termed Kes 30,000/month as "survival salary" that government has "no business taxing". I hope this means Finance Bill 2026 includes a proposal to revise the tax free income threshold (post-personal relief) from kes 24,000...

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Julians Amboko

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80,857 Aufrufe • vor 6 Monaten •via X (Twitter)

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4 things from my submission, alongside colleagues from the Tax Research Centre at Strathmore University, on Finance Bill 2025: · Revision of PAYE bands to a more progressive structure · Revision of the tax free threshold from Kes 24,000 to Kes 30,000 · Rethink of 5 working days period for remitting Withholding Tax to the Authority · Rethink of Sec16(1,c) of the Income Tax Act on eTIMS Also, we had some discussion around Pay-to-Play, see quoted tweet for details
2:20

4 things from my submission, alongside colleagues from the Tax Research Centre at Strathmore University, on Finance Bill 2025: · Revision of PAYE bands to a more progressive structure · Revision of the tax free threshold from Kes 24,000 to Kes 30,000 · Rethink of 5 working days period for remitting Withholding Tax to the Authority · Rethink of Sec16(1,c) of the Income Tax Act on eTIMS Also, we had some discussion around Pay-to-Play, see quoted tweet for details

Julians Amboko

186,998 Aufrufe • vor 1 Jahr

Why Finance Bill 2026 skipped PAYE bands adjustments National Treasury CS, John Mbadi, says that despite its absence in the Finance Bill 2026 Green Copy, adjustments to PAYE bands are not off the table & they will likely be factored in (key word here is 'likely'). Mbadi says that the headache the National Treasury has is that the proposed adjustment of bumping up the base from Kes 24,000 to Kes 30,000 & adjusting the rate downward for Kes 30,000 - Kes 50,000 would leave the Exchequer with a Kes 35.0 billion revenue gap. Musings... Sounds like a linear simulation that ignores the transmission of the additional disposable income into spending & additional indirect taxes (VAT, excises)
1:50

Why Finance Bill 2026 skipped PAYE bands adjustments National Treasury CS, John Mbadi, says that despite its absence in the Finance Bill 2026 Green Copy, adjustments to PAYE bands are not off the table & they will likely be factored in (key word here is 'likely'). Mbadi says that the headache the National Treasury has is that the proposed adjustment of bumping up the base from Kes 24,000 to Kes 30,000 & adjusting the rate downward for Kes 30,000 - Kes 50,000 would leave the Exchequer with a Kes 35.0 billion revenue gap. Musings... Sounds like a linear simulation that ignores the transmission of the additional disposable income into spending & additional indirect taxes (VAT, excises)

Julians Amboko

37,405 Aufrufe • vor 2 Monaten

UPDATE: Supplementary Budget III 2024/25 approved by National Assembly Supplementary Budget III sailed through the National Assembly this morning. Quite some changes from what we saw come from the National Treasury. Here's the summary: · National Treasury had proposed a Kes 37.58 billion increase in recurrent spending via Supp. Budget III, the National Assembly has approved Kes 39.11 billion · National Treasury had proposed a Kes 18.63 billion cut in development spending via Supp. Budget III, National Assembly has approved a much leaner cut at Kes 3.38 billion · Overall, the National Treasury had proposed an overall increase of Kes 25.03 billion increase in the size of the budget (i.e. Supp. III vs Supp. II), National Assembly has bumped this up further to Kes 35.74 billion · So whereas National Treasury's proposal sought to increase the 2024/25 budget to Kes 4.032 trillion compared to Supp. Budget II adjustments, the National Assembly's adjustments have now pushed it to Kes 4.042 trillion
1:20

UPDATE: Supplementary Budget III 2024/25 approved by National Assembly Supplementary Budget III sailed through the National Assembly this morning. Quite some changes from what we saw come from the National Treasury. Here's the summary: · National Treasury had proposed a Kes 37.58 billion increase in recurrent spending via Supp. Budget III, the National Assembly has approved Kes 39.11 billion · National Treasury had proposed a Kes 18.63 billion cut in development spending via Supp. Budget III, National Assembly has approved a much leaner cut at Kes 3.38 billion · Overall, the National Treasury had proposed an overall increase of Kes 25.03 billion increase in the size of the budget (i.e. Supp. III vs Supp. II), National Assembly has bumped this up further to Kes 35.74 billion · So whereas National Treasury's proposal sought to increase the 2024/25 budget to Kes 4.032 trillion compared to Supp. Budget II adjustments, the National Assembly's adjustments have now pushed it to Kes 4.042 trillion

Julians Amboko

43,761 Aufrufe • vor 1 Jahr

National Treasury CS, John Mbadi, says that the team that was working on simulations on the impact of PAYE bands adjustments has concluded its work & now what remains is for a decision to be taken. On May 11th (see quoted tweet) he told us initial estimates showed that PAYE bands adjustments (zero rating for < Kes 30,000 & lower rate for Kes 30,000 - Kes 50,000) would translate into a Kes 35.0 billion worth of revenue forgone by the Exchequer.
0:28

National Treasury CS, John Mbadi, says that the team that was working on simulations on the impact of PAYE bands adjustments has concluded its work & now what remains is for a decision to be taken. On May 11th (see quoted tweet) he told us initial estimates showed that PAYE bands adjustments (zero rating for < Kes 30,000 & lower rate for Kes 30,000 - Kes 50,000) would translate into a Kes 35.0 billion worth of revenue forgone by the Exchequer.

Julians Amboko

64,005 Aufrufe • vor 2 Monaten

UPDATE: Kenya's Tax Laws (Amendment) Bill 2026 The National Treasury says: · We should expect to see a Tax Laws (Amendment) Bill 2026 tabled in the National Assembly this month (February 2026) · The Tax Laws (Amendment) Bill 2026 will propose to have 0.0% PAYE rate at Kes 30,000 · The next Kes 20,000 will be taxed at a rate of 25.0% Welcome proposals, we wait to see the Bill itself for certainly. That said, some questions: · Should we take it as a given that the Tax Laws (Amendment) Bill 2026 will be repealing the Kes 2,400 personal relief now that the base PAYE rate is being set at 0.0%? · Why have the Tax Laws (Amendment) Bill 2026 in February & then have Finance Bill 2026 in April? · Coming in such quick succession, don't we risk legislative fatigue & poor public participation on Finance Bill 2026? · We have some good lessons around this from the quick succession that characterised the Tax Laws (Amendment) Act 2024, the Tax Procedures (Amendment) Act 2024 & Finance Bill 2025 · What will be the effective date of the measures proposed in the Tax Laws (Amendment) Bill 2026? Depending on the choice effective date, don't we risk complicating income tax return filing for the period given that we will be straddling two PAYE regimes? Already, filing has been reasonably complicated by Income & Expenses Validation
4:29

UPDATE: Kenya's Tax Laws (Amendment) Bill 2026 The National Treasury says: · We should expect to see a Tax Laws (Amendment) Bill 2026 tabled in the National Assembly this month (February 2026) · The Tax Laws (Amendment) Bill 2026 will propose to have 0.0% PAYE rate at Kes 30,000 · The next Kes 20,000 will be taxed at a rate of 25.0% Welcome proposals, we wait to see the Bill itself for certainly. That said, some questions: · Should we take it as a given that the Tax Laws (Amendment) Bill 2026 will be repealing the Kes 2,400 personal relief now that the base PAYE rate is being set at 0.0%? · Why have the Tax Laws (Amendment) Bill 2026 in February & then have Finance Bill 2026 in April? · Coming in such quick succession, don't we risk legislative fatigue & poor public participation on Finance Bill 2026? · We have some good lessons around this from the quick succession that characterised the Tax Laws (Amendment) Act 2024, the Tax Procedures (Amendment) Act 2024 & Finance Bill 2025 · What will be the effective date of the measures proposed in the Tax Laws (Amendment) Bill 2026? Depending on the choice effective date, don't we risk complicating income tax return filing for the period given that we will be straddling two PAYE regimes? Already, filing has been reasonably complicated by Income & Expenses Validation

Julians Amboko

81,968 Aufrufe • vor 6 Monaten

For the fifth time, we are headed for some pretty long debate with the National Assembly Finance & Planning Committee on Sec42 of the Tax Procedures Act & the constraints on KRA with regard to issuance of agency notices. National Treasury CS, John Mbadi, argues that presently, the law barring KRA from enforcement pending an appeal is "very unfair" to the Exchequer. This will be a long one.
4:31

For the fifth time, we are headed for some pretty long debate with the National Assembly Finance & Planning Committee on Sec42 of the Tax Procedures Act & the constraints on KRA with regard to issuance of agency notices. National Treasury CS, John Mbadi, argues that presently, the law barring KRA from enforcement pending an appeal is "very unfair" to the Exchequer. This will be a long one.

Julians Amboko

14,007 Aufrufe • vor 2 Monaten

We asked National Treasury what became of the Business Laws (Amendment) Bill 2025. After the Draft version was made public (see quoted tweet for highlights), it just went quiet. Given the CS's response, I believe proposed amendments to Sec17 of the VAT Act presented a challenge for the government. He, however, talks about a Tax Laws (Amendment) legislation. Could we be seeing one soon? I highly doubt. Given that National Treasury has made an invitation for comments on 2026/27 tax proposals, it's possible we are now just looking forward to Finance Bill '26
1:03

We asked National Treasury what became of the Business Laws (Amendment) Bill 2025. After the Draft version was made public (see quoted tweet for highlights), it just went quiet. Given the CS's response, I believe proposed amendments to Sec17 of the VAT Act presented a challenge for the government. He, however, talks about a Tax Laws (Amendment) legislation. Could we be seeing one soon? I highly doubt. Given that National Treasury has made an invitation for comments on 2026/27 tax proposals, it's possible we are now just looking forward to Finance Bill '26

Julians Amboko

10,238 Aufrufe • vor 7 Monaten

This week has been heavy from a Public Finance standpoint. Here's where things stand as of now: Finance Bill 2025 · Finance Bill 2025 sailed through the Committee of the Whole House · The next thing we expect to see is the Vellum (cleaned up version following the clause-by-clause amendments) after which it heads for the President's assent · Remember June 30th is the sunset date by which it must be signed because virtually all proposed measures, except just two, are effective July 1st · The Bill tabled by National Treasury targeted Kes 30.0 billion worth of additional revenue in 2025/26, by the time the National Assembly Finance & Planning Committee was tabling its report with proposed amendments, this had been scaled down to Kes 24.0 billion · Total revenue target for 2025/26 is Kes 3.321 trillion 1/4
0:29

This week has been heavy from a Public Finance standpoint. Here's where things stand as of now: Finance Bill 2025 · Finance Bill 2025 sailed through the Committee of the Whole House · The next thing we expect to see is the Vellum (cleaned up version following the clause-by-clause amendments) after which it heads for the President's assent · Remember June 30th is the sunset date by which it must be signed because virtually all proposed measures, except just two, are effective July 1st · The Bill tabled by National Treasury targeted Kes 30.0 billion worth of additional revenue in 2025/26, by the time the National Assembly Finance & Planning Committee was tabling its report with proposed amendments, this had been scaled down to Kes 24.0 billion · Total revenue target for 2025/26 is Kes 3.321 trillion 1/4

Julians Amboko

70,538 Aufrufe • vor 1 Jahr

Through Finance Bill 2025, the government of Kenya is making a third attempt at introducing pay-to-play requirement when it comes to tax assessments issued by the Kenya Revenue Authority. Clause 42(v) of Finance Bill 2025 proposes to amend Section 42 of the Tax Procedures Act, Cap. 469B Laws of Kenya to allow the Commissioner of the Kenya Revenue Authority to issue an agency notice where a taxpayer has appealed against an assessment specified in a decision of the Tax Appeals Tribunal or court of law. We have seen similar proposals in the past via Finance Bill 2022 (which proposed that any appeal must be preceded by a deposit equivalent to 50.0% of the amount in contest) & via Finance Bill 2024 (which proposed that any appeal must be preceded by a deposit equivalent to 20.0% of the contested amount) This afternoon I joined colleagues from the Tax Research Centre at Strathmore University in challenging this proposal.
4:48

Through Finance Bill 2025, the government of Kenya is making a third attempt at introducing pay-to-play requirement when it comes to tax assessments issued by the Kenya Revenue Authority. Clause 42(v) of Finance Bill 2025 proposes to amend Section 42 of the Tax Procedures Act, Cap. 469B Laws of Kenya to allow the Commissioner of the Kenya Revenue Authority to issue an agency notice where a taxpayer has appealed against an assessment specified in a decision of the Tax Appeals Tribunal or court of law. We have seen similar proposals in the past via Finance Bill 2022 (which proposed that any appeal must be preceded by a deposit equivalent to 50.0% of the amount in contest) & via Finance Bill 2024 (which proposed that any appeal must be preceded by a deposit equivalent to 20.0% of the contested amount) This afternoon I joined colleagues from the Tax Research Centre at Strathmore University in challenging this proposal.

Julians Amboko

69,434 Aufrufe • vor 1 Jahr

On some days, we register wins on the public finance front. The National Assembly's Finance & Planning Committee proposes that the House passes an amendment to the Tax Procedures Act providing that in instances where the Revenue Authority has relied on dual assessment for filing taxpayer returns, it holds the burden of proof. This formed part of our submission as the Tax Research Centre at Strathmore University during the stakeholders' submission exercise (see quoted tweet). A few issues still remain though: · The Committee argues that while it is necessary to leverage technology in strengthening tax administration, there's need for adequate safeguards protecting the taxpayer. We are aligned · However, the Committee's express proposal is that the Authority be obligated to share data with the taxpayer via a new Sec29A to the Tax Procedures Act · There's no mention by the Chairman Hon FCPA Kuria Kimani, CBS - MP Molo of Sec56(1) of the Tax Procedures Act which expressly deals with the question of burden of proof We live to fight another day I guess. Waiting to see what will actually be captured in the Finance Act 2026.
2:30

On some days, we register wins on the public finance front. The National Assembly's Finance & Planning Committee proposes that the House passes an amendment to the Tax Procedures Act providing that in instances where the Revenue Authority has relied on dual assessment for filing taxpayer returns, it holds the burden of proof. This formed part of our submission as the Tax Research Centre at Strathmore University during the stakeholders' submission exercise (see quoted tweet). A few issues still remain though: · The Committee argues that while it is necessary to leverage technology in strengthening tax administration, there's need for adequate safeguards protecting the taxpayer. We are aligned · However, the Committee's express proposal is that the Authority be obligated to share data with the taxpayer via a new Sec29A to the Tax Procedures Act · There's no mention by the Chairman Hon FCPA Kuria Kimani, CBS - MP Molo of Sec56(1) of the Tax Procedures Act which expressly deals with the question of burden of proof We live to fight another day I guess. Waiting to see what will actually be captured in the Finance Act 2026.

Julians Amboko

21,749 Aufrufe • vor 1 Monat

Some colour here about the much talked about National Infrastructure Fund (see quoted tweet) as explained by Dr. David Ndii: · The thinking is that the initial capitation will come from privatisation proceeds, starting with Kenya Pipeline Co · The idea is that proceeds from Kenya Pipeline's privatisation, as seed capital, will then crowd in private capital into the Fund, so we are looking at some sort of blended finance here · Dr. Ndii says that GOK's target is that for every Kes 1.0 raised by the state, they crowd in Kes 4.0 from private sector capital (an ambitious ratio in my view) · So if Kenya Pipeline Privatisation potentially raises Kes 100.0 billion as projected by GOK, the hope is that another Kes 400.0 billion of private capital can be crowded in · So the National Infrastructure Fund will almost play a fund manager role including portfolio origination · For roads infrastructure, tolling is earmarked to play a key role in this
3:00

Some colour here about the much talked about National Infrastructure Fund (see quoted tweet) as explained by Dr. David Ndii: · The thinking is that the initial capitation will come from privatisation proceeds, starting with Kenya Pipeline Co · The idea is that proceeds from Kenya Pipeline's privatisation, as seed capital, will then crowd in private capital into the Fund, so we are looking at some sort of blended finance here · Dr. Ndii says that GOK's target is that for every Kes 1.0 raised by the state, they crowd in Kes 4.0 from private sector capital (an ambitious ratio in my view) · So if Kenya Pipeline Privatisation potentially raises Kes 100.0 billion as projected by GOK, the hope is that another Kes 400.0 billion of private capital can be crowded in · So the National Infrastructure Fund will almost play a fund manager role including portfolio origination · For roads infrastructure, tolling is earmarked to play a key role in this

Julians Amboko

56,708 Aufrufe • vor 9 Monaten

“We made very clear in the general election that choices have to be made” At the National Economic Dialogue, Finance Minister Paschal Donohoe indicates that Budget 2026 will be very different from previous budgets It seems VAT for hospitality a priority when it comes to tax
1:52

“We made very clear in the general election that choices have to be made” At the National Economic Dialogue, Finance Minister Paschal Donohoe indicates that Budget 2026 will be very different from previous budgets It seems VAT for hospitality a priority when it comes to tax

Louise Burne

24,203 Aufrufe • vor 1 Jahr

My second submission, on behalf of the Tax Research Centre at Strathmore University, before the National Assembly's Finance & Planning Committee was on the proposal to amend Sec37E of the Tax Procedures Act & revive the tax amnesty programme. I made a few points here: · An amnesty programme is certainly welcome given the rigours taxpayers are undergoing with Incomes & Expenses validation & the fact that many well meaning Kenyans may be inadvertently caught in non-compliance errors they simply couldn't avoid · In view of bullet point 1 above, why not amend the section to provide for an amnesty programme that runs through the full financial year (i.e. has June 30th, 2027 as its sunset date as opposed to Dec 31st, 2026 as currently proposed) · Another reason for extending the amnesty programme to June 30th, 2027 is that fact that many taxpayers are still navigating what has been undeniably a far from tidy migration of ledger balances from the legacy system to iTax. Doesn't this present an opportune moment for a clean up?
1:39

My second submission, on behalf of the Tax Research Centre at Strathmore University, before the National Assembly's Finance & Planning Committee was on the proposal to amend Sec37E of the Tax Procedures Act & revive the tax amnesty programme. I made a few points here: · An amnesty programme is certainly welcome given the rigours taxpayers are undergoing with Incomes & Expenses validation & the fact that many well meaning Kenyans may be inadvertently caught in non-compliance errors they simply couldn't avoid · In view of bullet point 1 above, why not amend the section to provide for an amnesty programme that runs through the full financial year (i.e. has June 30th, 2027 as its sunset date as opposed to Dec 31st, 2026 as currently proposed) · Another reason for extending the amnesty programme to June 30th, 2027 is that fact that many taxpayers are still navigating what has been undeniably a far from tidy migration of ledger balances from the legacy system to iTax. Doesn't this present an opportune moment for a clean up?

Julians Amboko

43,167 Aufrufe • vor 2 Monaten

The perennial debate on Agency Notices & pay-to-play was in full display in the National Assembly this evening. An amended version of Finance Bill 2026's New Clause 47A, moved by the Majority Leader, has taken the House into division as members shot down a proposal to introduce a mandatory deposit of 50.0% of disputed principal taxes before filing an appeal. The National Treasury & the Revenue Authority lose for the fourth consecutive time, the proposal is dropped...but with a promise that it will be reconsidered upon further review (Finance Bill 2027). New Clause 47A has been dropped...Both the amendment & further amendment (i.e. the 50.0% principal tax deposit) withdrawn!
8:17

The perennial debate on Agency Notices & pay-to-play was in full display in the National Assembly this evening. An amended version of Finance Bill 2026's New Clause 47A, moved by the Majority Leader, has taken the House into division as members shot down a proposal to introduce a mandatory deposit of 50.0% of disputed principal taxes before filing an appeal. The National Treasury & the Revenue Authority lose for the fourth consecutive time, the proposal is dropped...but with a promise that it will be reconsidered upon further review (Finance Bill 2027). New Clause 47A has been dropped...Both the amendment & further amendment (i.e. the 50.0% principal tax deposit) withdrawn!

Julians Amboko

22,898 Aufrufe • vor 1 Monat

National Treasury CS on Supplementary Budget I 202526: 1. We are likely to see it in Feb when the National Assembly resumes business 2. Security, Education, Primary Health & the Social Health Insurance Programme (SHA) have presented spending pressures 3. If revenue doesn't perform, GOK will have to revise downward the size of the budget On point No.3, Q1 2025/26 closed with revenue mobilised at Kes 49.9 billion behind target (see quoted tweet). The urgency for cutting down the size of budget 2025/26 was already crystal clear by close of Q1, not sure what other signal Treasury is still waiting for
3:05

National Treasury CS on Supplementary Budget I 202526: 1. We are likely to see it in Feb when the National Assembly resumes business 2. Security, Education, Primary Health & the Social Health Insurance Programme (SHA) have presented spending pressures 3. If revenue doesn't perform, GOK will have to revise downward the size of the budget On point No.3, Q1 2025/26 closed with revenue mobilised at Kes 49.9 billion behind target (see quoted tweet). The urgency for cutting down the size of budget 2025/26 was already crystal clear by close of Q1, not sure what other signal Treasury is still waiting for

Julians Amboko

28,880 Aufrufe • vor 7 Monaten

The National Assembly has approved a motion to reduce the publication period of 6 bills from 14 to 12 days. The bills include: · Tax Laws (Amendment) Bill 2024 · Tax Procedures (Amendment) Bill 2024 · Business Laws (Amendment) Bill 2024 The 3 bills seek to mobilise an additional Kes 174.6 billion worth of revenue in 2024/25 through a raft of new proposals, a number of which were in the rescinded Finance Bill 2024. The reduction of the publication period seeks to create a window for public participation ahead of the Dec 5th long recess date for the National Assembly. So what are some of the key issues as we head into public participation? A 🧵
5:06

The National Assembly has approved a motion to reduce the publication period of 6 bills from 14 to 12 days. The bills include: · Tax Laws (Amendment) Bill 2024 · Tax Procedures (Amendment) Bill 2024 · Business Laws (Amendment) Bill 2024 The 3 bills seek to mobilise an additional Kes 174.6 billion worth of revenue in 2024/25 through a raft of new proposals, a number of which were in the rescinded Finance Bill 2024. The reduction of the publication period seeks to create a window for public participation ahead of the Dec 5th long recess date for the National Assembly. So what are some of the key issues as we head into public participation? A 🧵

Julians Amboko

50,814 Aufrufe • vor 1 Jahr

We are always making history. Tomorrow, 11th June 2026, at 3 p.m., the CS for National Treasury and National Planning will read the budget estimates for the coming financial year. It will be the first time in the history of independent Kenya that a national budget is being presented in the absence of a sitting President. The reason he has chosen to be absent is because he knows what he is proposing in the Finance Bill is so painful.
1:27

We are always making history. Tomorrow, 11th June 2026, at 3 p.m., the CS for National Treasury and National Planning will read the budget estimates for the coming financial year. It will be the first time in the history of independent Kenya that a national budget is being presented in the absence of a sitting President. The reason he has chosen to be absent is because he knows what he is proposing in the Finance Bill is so painful.

Hon. Justin Muturi, EGH

12,757 Aufrufe • vor 1 Monat

UPDATE: GOK's US$1.91 billion partial divestiture in Safaricom Plc approved The National Assembly's Public Debt & Privatization Committee Chair Hon. Abdi Shuriye has moved a motion for the House to adopt a joint report by his Committee & that of Finance and National Planning on the Partial sale of Safaricom shares owned by the Government. The two committees recommend: · The National Assembly approves the proposed US$1.6 billion (Kes 204.3 billion) partial divestiture by the government to Vodafone Kenya · The effective date of the National Assembly approval be April 1st, 2026 or any other later date pegged on the prerequisite approvals · The transaction shall be undertaken & concluded through the block trade platform of the Nairobi Securities Exchange · The government shall receive US$ 309 million (Kes 40.2 billion) upfront payment in lie of future dividend payments · All proceeds to be wired into the National Infrastructure Fund · There shall be no redundancy as part of this partial divestiture · There shall be no material change to the current Safaricom Plc ecosystem within 10 years of this partial divestiture
2:02

UPDATE: GOK's US$1.91 billion partial divestiture in Safaricom Plc approved The National Assembly's Public Debt & Privatization Committee Chair Hon. Abdi Shuriye has moved a motion for the House to adopt a joint report by his Committee & that of Finance and National Planning on the Partial sale of Safaricom shares owned by the Government. The two committees recommend: · The National Assembly approves the proposed US$1.6 billion (Kes 204.3 billion) partial divestiture by the government to Vodafone Kenya · The effective date of the National Assembly approval be April 1st, 2026 or any other later date pegged on the prerequisite approvals · The transaction shall be undertaken & concluded through the block trade platform of the Nairobi Securities Exchange · The government shall receive US$ 309 million (Kes 40.2 billion) upfront payment in lie of future dividend payments · All proceeds to be wired into the National Infrastructure Fund · There shall be no redundancy as part of this partial divestiture · There shall be no material change to the current Safaricom Plc ecosystem within 10 years of this partial divestiture

Julians Amboko

14,271 Aufrufe • vor 4 Monaten

Should the taxpayer still bear the burden of proof in instances where a tax dispute with the Revenue Authority is based in pre-populated & third party data? In my submission before the National Assembly's Finance & Planning Committee on behalf of the Tax Research Centre at Strathmore University, I argue that Finance Bill 2026's proposals seeking to anchor Incomes & Expenses Validation in law will be incomplete if they do not include a proposal for the the Revenue Authority being saddled with the burden of proof in such instances. Here's why: · Finance Bill 2026 proposes to amend Sec75 of the Tax Procedures Act to provide that the Revenue Authority may use technology to pre-populate tax returns on behalf of a person required to submit or lodge a tax return · Finance Bill 2026 further proposes that a person required to submit or lodge a tax return may rely on pre-populated return generated by the Revenue Authority to file their return · Finance Bill 2026 proposes to amend Sec112 to provide that the Cabinet Secretary of the National Treasury may make Regulations for the procedure for the submission or lodging of returns based on pre-populated tax returns generated by the Revenue Authority Here's where the problem is: · In all this, Sec56(1) which provides that "In any proceedings, the burden shall be on the taxpayer to prove that a tax decision is incorrect" remains unchanged · Sec56(1) is predicated on the fact that Kenya has been running on a self-assessment based regime & the data upon which tax disputes emerges was held by the taxpayer · With Incomes & Expenses Validation & the onset of a Dual Assessment regime in Kenya, taxpayers are now exposed not just to errors of judgement & data on their part, but also errors of technology & transmission which are out of their control · Can we really still have the burden of proof lying exclusively with the taxpayer in an environment where tax compliance has shifted from a function of record keeping to one where system integration reliability is now a key factor?
2:19

Should the taxpayer still bear the burden of proof in instances where a tax dispute with the Revenue Authority is based in pre-populated & third party data? In my submission before the National Assembly's Finance & Planning Committee on behalf of the Tax Research Centre at Strathmore University, I argue that Finance Bill 2026's proposals seeking to anchor Incomes & Expenses Validation in law will be incomplete if they do not include a proposal for the the Revenue Authority being saddled with the burden of proof in such instances. Here's why: · Finance Bill 2026 proposes to amend Sec75 of the Tax Procedures Act to provide that the Revenue Authority may use technology to pre-populate tax returns on behalf of a person required to submit or lodge a tax return · Finance Bill 2026 further proposes that a person required to submit or lodge a tax return may rely on pre-populated return generated by the Revenue Authority to file their return · Finance Bill 2026 proposes to amend Sec112 to provide that the Cabinet Secretary of the National Treasury may make Regulations for the procedure for the submission or lodging of returns based on pre-populated tax returns generated by the Revenue Authority Here's where the problem is: · In all this, Sec56(1) which provides that "In any proceedings, the burden shall be on the taxpayer to prove that a tax decision is incorrect" remains unchanged · Sec56(1) is predicated on the fact that Kenya has been running on a self-assessment based regime & the data upon which tax disputes emerges was held by the taxpayer · With Incomes & Expenses Validation & the onset of a Dual Assessment regime in Kenya, taxpayers are now exposed not just to errors of judgement & data on their part, but also errors of technology & transmission which are out of their control · Can we really still have the burden of proof lying exclusively with the taxpayer in an environment where tax compliance has shifted from a function of record keeping to one where system integration reliability is now a key factor?

Julians Amboko

301,780 Aufrufe • vor 2 Monaten

President William Ruto has this morning signed the Supplementary Appropriations II 2024/25 into law. What are seeing here? · Recurrent spending increases by Kes 138.87 billion · Development spending decreases by Kes 25.0 billion · Total national government ministerial expenditure increases by Kes 113.87 billion · Judiciary budget increases by Kes 470.0 million Overall changes to the 2024/25 budget: · Budget net redemptions stands at Kes 3.991 trillion (in essence, we pretty much are back to where we were in the initial 2024/25 budget...did we really need Supp. I?) · Fiscal deficit widens to Kes 875.54 billion (the tabled Supp. II had put this at Kes 862.47 billion) · Fiscal deficit as a % of GDP 5.02% (the tabled Supp. II budget had put this at 4.97% of GDP) · There was a deal with the IMF that the fiscal deficit would not exceed 4.3% of GDP in 2024/25 (earlier ceiling was actually 4.0%, then Finance Bill 2024 collapsed)...but why would we care now? We've pulled the plug on the 9th Review
1:50

President William Ruto has this morning signed the Supplementary Appropriations II 2024/25 into law. What are seeing here? · Recurrent spending increases by Kes 138.87 billion · Development spending decreases by Kes 25.0 billion · Total national government ministerial expenditure increases by Kes 113.87 billion · Judiciary budget increases by Kes 470.0 million Overall changes to the 2024/25 budget: · Budget net redemptions stands at Kes 3.991 trillion (in essence, we pretty much are back to where we were in the initial 2024/25 budget...did we really need Supp. I?) · Fiscal deficit widens to Kes 875.54 billion (the tabled Supp. II had put this at Kes 862.47 billion) · Fiscal deficit as a % of GDP 5.02% (the tabled Supp. II budget had put this at 4.97% of GDP) · There was a deal with the IMF that the fiscal deficit would not exceed 4.3% of GDP in 2024/25 (earlier ceiling was actually 4.0%, then Finance Bill 2024 collapsed)...but why would we care now? We've pulled the plug on the 9th Review

Julians Amboko

42,631 Aufrufe • vor 1 Jahr