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  • ARTICLE - Kenya

    Kenya Introduces Minimum Top-Up Tax

    20 Sep

    Kenya Minimum Top-Up Tax – Introduction

    Kenya has taken a significant step toward adopting the OECD’s global tax standards by introducing a Minimum Top-Up Tax.

    This new measure ensures that multinational companies operating in Kenya will pay a minimum tax of 15% on their profits, aligning Kenya with the OECD’s Pillar Two framework.

    What Is the Minimum Top-Up Tax?

    The OECD’s Pillar Two framework was designed to prevent large corporations from avoiding taxes by shifting profits to low-tax jurisdictions.

    Under this framework, countries are encouraged to introduce a global minimum tax rate of 15%.

    Kenya’s new Minimum Top-Up Tax will apply to multinational corporations operating in the country, ensuring that these companies are taxed at an effective rate of at least 15%.

    If a company’s profits are taxed at a lower rate, the Kenyan government will impose a top-up to bring the effective rate to 15%.

    Why Is This Important?

    The introduction of this tax is part of a broader global effort to ensure tax fairness and prevent profit shifting.

    By ensuring that companies pay at least 15% in taxes, Kenya is joining other countries in trying to curb tax avoidance strategies that see profits moved to low-tax jurisdictions.

    For Kenya, this is a significant move, as many multinational companies, particularly in the tech and financial sectors, operate within the country.

    Impact on Companies

    Large corporations operating in Kenya will need to carefully examine their tax structures to ensure compliance with the new rules.

    Companies that have relied on tax incentives or reduced tax rates will now be subject to the Minimum Top-Up Tax, potentially increasing their overall tax liabilities.

    Link to Bill

    More information about Kenya’s implementation of the Minimum Top-Up Tax can be found through the Kenya Revenue Authority here.

    Kenya Minimum Top-Up Tax – Conclusion

    Kenya’s decision to adopt the Minimum Top-Up Tax aligns the country with global tax standards and demonstrates its commitment to tax fairness.

    This move is expected to generate additional revenue for the country while reducing the risk of tax avoidance by multinational corporations.

    Final Thoughts

    If you have any queries about this article on the Kenya Minimum Top-Up Tax, or tax matters in Kenya, then please get in touch.

    Alternatively, if you are a tax adviser in Kenya and would be interested in sharing your knowledge and becoming a tax native, then please get in touch. There is more information on membership here.

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