Kenya | |||||
Longonot Gate Development Limitedvs Commissioner for Domestic Taxes |
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id : 28-202100  cat : Tax Appeals tribunal-Nairobi   | |||||
1. Whether gains on proceeds received by the appellant as part of payment towards purchase of service plots do count as revenue for the year of income and therefore taxable according to law 2. Whether expenses related to the above proceeds could be transferred to the stament of income and expenditure from the stament of financial positon |
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Asked by : Admin
DOF : 2016 |
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SubmissionsPDF |
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The Appellant avers that the deposits received do not count as revenue since as per the agreement contained in the Letters of Offer between itself and the intending purchasers the deposits are refundable and so there is no sale as the transaction is incomplete 11. The Appellant also avers that the C0 to these plots should not be cost of transferred of land and other costs related should be transferred to the revenue statement since the related to unfinished works of the project and cannot be deducted against the deposits received. |
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Ruling |
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The Appellant avers that the deposits received do not count as revenue since as per the agreement contained in the Letters of Offer between itself and the intending purchasers the deposits are refundable and so there is no sale as the transaction is incomplete 11. The Appellant also avers that the C0 to these plots should not be cost of transferred of land and other costs related should be transferred to the revenue statement since the related to unfinished works of the project and cannot be deducted against the deposits received. |
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posted by : Admin
DOR : 06/12/2016 |
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