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Income Tax Act(cap 470)

: KENYA



Chapter 12

Payment of Tax through Instalments (s.12)

  • To manage cashflows of taxpayers, liability to income taxes is settled through instalment payments. Hence the accronom 'Instalment Taxes'.

  • Instalment taxes became effective from 1st January 1990.

Computation of Instalment Taxes (s.12(2)&(3)

The amount of instalment tax due is based on the lower of;

  • the tax payable in respect of the current year and

  • 110% of the tax assessed or estimated as assessable in respect of the preceding year of income.

The amount determined above may be reduced by the following credits;

  1. Advance Tax paid with respect to commercial vehicles
  2. Paye withheld from employment income
  3. Withholding tax credits
  1. Instalment Tax Rates

  2. Tax is due on a quarterly basis on the following months and proportions:

    item month proportion
    First Instalment. 4th 25%
    Second Instalment. 6th 25%
    Third Instalment. 9th 25%
    Fourth Instalment. 12th 25%


  3. Instalment Tax Agricultural Enterprises

  4. Tax is due on a bi-annual basis on the following months and proportions:

    item month proportion
    First Instalment. 9th 75%
    Second Instalment. 12th 25%

Notes:

  • Final tax due by the end of the 4th month after the accounting period

Exemption From Instalment Taxes (s.12(1)&(5)

Taxpayers who meet the following criteria are not required to account for instalment taxes lower of;

  • where their taxable income is employment income only.(s.12(1)(a))

  • where the total tax payable for that year does not exceed Kshs.40,000/- of income.(s.12(5))



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