tax ACADEMY
Konnectplus

Income Tax Act(cap 470)

: KENYA



Chapter 6

Gains or profits from: (s.4)

  • Insurance against loss of profits or received by way of damages for loss of profits.(s.4c)

  • Reversal of any

    • expenditure,
    • loss,
    • reserves or
    • provisions

    previously allowed as a deduction against income.(s.4d) This can be split, by applying in writing to the Commissioner, into a maximum of six (6) equal amounts and spread backwords, starting with the year of reversal.

  • Balancing charge & trading receipts

    • Balancing charge on cessation of a business under the second schedule (Capital Allowances). Where the sale proceeds exceeds the writen down value, if any at the time of cessation, the balancing charge shall be the excess.

    • trading receipts under the Second Schedule on for example

      1. ceasing to trade as a "manufacturer under bond" within three years of commencement.
      2. excess of disposal proceeds over written down value
  • Extractive industries In computing the gains or profits of a "licensee" "contractor" or "subcontractor" as defined in the Ninth Schedule, the provisions of that Schedule shall apply.

  • Realised exchange gains and loses shall be taken into account as a trading receipt or deductible expenses in computing the gains and profits of that business.

    However, no foreign exhange loss shall be taken into account;

    1. where an entity is defined as thinly capitalised and
    2. to the extent that there is a net gain on foreign curency assets and liabilities, if they were to be disposed off or realised, on the last day of the financial year.
  • Export processing zone enterprises (EPZ) Where a business is carried on by an export processing zone enterprise, the provisions of the Eleventh Schedule shall apply.

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