What happens when you inherit land... Then later sell it?
How does KRA tax it?
Let's go through this case. Simplified to today.
There is a guy called Dhanjal.
He inherited land from his father in 2014.
Years later, in 2022, he sold it for 178m.
He filed his capital gains tax (CGT) return as a law abiding citizen.
- But, CGT = Sales price - Cost price.
So, what cost will Dhanjal rely on here?
He went for the market price of that land in 2014.
The valuer had pegged it at 150m.
He computed & paid his taxes as:
- (178 - 150) x 15% = 4m.
KRA audited him.
It rejected his cost of 150m.
Their argument:
- You did not buy this land.
- You got it for free.
- Your cost is zero
They adjusted his tax to:
- (178m - 0) x 15% = 27 m
From 4m to 27m.
Dhanjal furiously ran to court.
He argued:
- The cost of inherited land cannot be zero.
- The law allows use of market value at the date of inheritance
The court looked at it… and agreed with him.
He won & KRA’s demand was set aside.
Lessons.
- The cost of inherited property is not zero
- Use market value at the date of inheritance
- KRA will push hard. Be firm.
This is probably the most satisfying news in Kenya today. We often take it for granted because we win marathons so much but this from a 45 year old mother of three is nothing short of exceptional. Congratulations Priscah Cherono.
Mali under General General Assimi Goita's reign officially becomes the first African nation to be debt free.
When General Asimi took over, he sold all the assets belonging to the corrupt elites & sent them to jail including former president's son & Ministers. We must follow the Mali, Burkina Faso and Botswana's footsteps. We can end foreign and IMF dependency .
IV CORNERED THESE GUYS AT KAJIADO TOWN WITH THEIR TEAM.
THEY'VE BRANCHED AT THE ODPP HOLDING AREA NEAR THE KAJIADO COUNTY ASSEMBLY AND IM NOT LEAVING HERE WITHOUT MY BROTHER.
Spread the WORD
#FREEOGUDA