Justice

VICTORY’S TAX CASES DIGEST

Tax Appeals Tribunal Casebook
Working in progress summary and review of the decisions of the tax Appeals Tribunal Decisions

 

Double Taxation and Fiscal Evasion Avoidance Agreements

Kenya - Qatar DTA

The Kenya Qatar Double Taxation Avoidance Agreement 
17 April 2015

Kenya- South Korea DTA

The Double Taxation Avoidance Agreement between Kenya and The Republic of Korea (South Korea).
30 December 2016

Kenya UAE DTA

The Agreement between the Government of The United Arab Emirates and The Government of The Republic of Kenya for theavoidance of Double Taxation and The prevention of Fiscal Evasion with respect to Taxes on Income .

Kenya- India DTA

The Doudle Taxation- Fiscal Evasion Avoidance Agreement between India and Kenya
28 July 2017

Kenya-Seychelles DTA

Kenya-Seychelles DTA

Kenya-UK DTA

1973 Kenya-UK Double Taxation Agreement as amended by the 1976 Protocol

Kenya-Canada DTA

Agreement Between Canada and Kenya For the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income and on Capital
27 April 1983

Kenya - South Africa DTA

Agreement Between The Government Of The Republic Of South Africa And The Government Of The Republic Of Kenya For The Avoidance Of Double Taxation And The Prevention Of Fiscal Evasion With Respect To Taxes On Income

Kenya-Denmark DTA

Arrangements between the Government of the Republic of Kenya and the Government of the Kingdom of Denmark with a view to affording relief from double taxation in relation to income tax and taxes ofa similar character

Kenya France DTA

Kenya France DTA

Kenya - Kuwait DTA

Arrangements made between the Government of the Republic of Kenya and the Government of the State of Kuwait in the articles of an agreement set out in the Schedule and signed on the 12th of November 2013, with a view of affording relief from double taxation in relationto income tax and any rates of similar character imposed by the laws of Kenya shall not withstanding anything to the contrary in the Act or any other written law,have effect in relation to income tax under the Act.

Kenya - Mauritius DTA

Kenya - Mauritius DTA

Kenya - Netherlands DTA

Kenya - Netherlands DTA

Kenya - Norway DTA

Declaration of special arrangements between the Republic of Kenya and
the Kingdom of Norway for relief from double taxation. 

Kenya - Zambia DTA

The Convention between the Government of the Republic of Kenya and the Government of the Republic of Zambia for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income.

Kenya- Germany DTA

Kenya- Germany DTA

 

KENYAN TAX LAWS

Income Tax Act

Income Tax Act

Income Tax Act Subsidiary Legislation

Subsidiary Legislation to the Income Tax Act

Tax Appeals Tribunal Act

Tax Appeals Tribunal Act

Tax Appeals Tribunal Act, Subsidiary Legislation

Tax Appeals Tribunal Act, Subsidiary Legislation

Value Added Tax Act

VAT Act

Value Added Tax Act Subsidiary Legislation

Value Added Tax Act Subsidiary Legislation

Tax Procedures Act

Tax Procedures Act

Tax Procedures Act Subsidiary Legislation

Tax Procedures Act Subsidiary Legislation

Excise Duty Act

Excise Duty Act

Provisional Collection of Taxes and Duties Act

The High Court decision in Okiya Omtatah Okoiti v The Cabinet Secretary, National Treasury and 3 others, Constitutional Petition No. 253 of 2018, the Court declared the PCTDA unconstitutional.

Provisional Collection of Taxes and Duties Act Subsidiary Legislation

The High Court decision in Okiya Omtatah Okoiti v The Cabinet Secretary, National Treasury and 3 others, Constitutional Petition No. 253 of 2018, the Court declared the PCTDA unconstitutional.

East African Community Customs Management Act

East African Community Customs Management Act

An EAC Regional Agreement on Customs management. For other EAC Tax laws and related legislation, Refer to: https://www.eac.int/documents/category/eac-customs-management-act

 

International Taxation

OECD Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations 2017

A transfer price is a price, adopted for book- keeping purposes, which is used to value transactions between affiliated enterprises integrated under the same management at artificially high or low levels in order to effect an unspecified income payment or capital transfer between those enterprises. - OECD

 Base Erosion and Profit Shifting (BEPS)

Base erosion and profit shifting (BEPS) refers to tax planning strategies used by multinational enterprises that exploit gaps and mismatches in tax rules to avoid paying tax.

The OECD BEPS Project is a set of 15 Action Points set to address the same.


Find more details here: https://www.oecd.org/tax/beps/

Tax Treaties

For DTAs, Refer Above.

International Taxation has its basis in a number of bilateral and multilateral tax treaties. The General Principles of Public International Law apply