“The time will come when they will not endure sound doctrine…and they shall turn away their ears from the truth, and shall be turned unto fables.” (2 Tim. 4:3,4, KJV)
UNDERSTANDING WITHHOLDING TAX AND TAX RETURN FILING UNDER KENYA TAX REGIME
ARE THEY FINAL TAX ?
Some are, some are not——
Let’s dive
Withholding tax is a tax withheld at source by person or an entity making payments for services offered or for income earned through a scheme or an investment. You must have encountered this if you are a consultant or a supplier and you were asking yourself why you couldn’t receive the full amount as invoiced!
The withholding agent remits the amount withheld as Tax to the Tax authority on your behalf and the same is communicated to you through a Withholding certificate issued by the Tax authority. Not all income are subject to withholding Tax in Kenya;
Examples of payments/ incomes subject to withholding tax include, among others:
• Management, professional or training fees
• Consultancy fees, Legal fees, Audit fees
• Contractual fees • Winnings
• Appearance at or performance to entertain
• Royalties
• Interest
• Dividends
Some withholding Tax are final while others are not.
If a withholding Tax is final, it means that you are not expected to pay more tax on the income received and hence you are not required to declare that income again when filing the annual Tax return.
If the withholding Tax is not final , it mean that , the tax withheld is deemed as a tax paid in advance which should be offset with the tax payable upon declaration of that income and all other incomes while filing of the annual return.
This means that you will have to declare the income earned wile filing the return, deduct any allowable expense as provided for by the income Tax Act
(Sec 15) and pay any balance of tax after offsetting the Tax withheld at the source.
SO; WHEN IS WITHHOLNG TAX A FINAL TAX
1. When its a withholding Tax on qualifying dividends paid to a Kenyan resident
2. When its a Withholding tax on qualifying interest paid to a Kenyan resident
3. When its a Withholding Tax on a payment to a non-resident person
4. When its a Withholding Tax on interest income from MMF
WHEN IS WITHHOLNG TAX NOT FINAL TAX?
If a withholding Tax is charged on the following income, you should know that it’s not a final tax and hence you are expected while doing your annual returns to declare that income and pay any balance of tax to the Tax man.
1. Withholding tax on non-qualifying interest income
2. Withholding tax on management and professional consultancy fee
3. Withholding Tax charged on insurance commissions
4. Withholding Tax on Legal fees and Contractual fees
If you received such income and a withholding Tax was charged; now you know it was not a final tax and hence you should declare that income when filing your returns .
Disclaimer; This is for information purpose only and any omission does not absolve you from making an accurate return to the expectation of the Taxman. -END-
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