essyk wrote:Thanks Ash for the practical example.
You've educated me plus everybody else.
@essyk Ash Ock has pointed out the risks of your arrangement.
Note the following:
1. For employees of a foreign branch, the obligation to withhold PAYE is on the person making the payments to the employees IN KENYA.
2. The law appoints you the Agent of the foreigner. Technically KRA can therefore require that:
a) You pay the tax;
b) You pay the penalties (25%);
c) You pay the interest (2% per month);
d) You are prosecuted for tax fraud (2 yrs imprisonment, or fine of 200k, or x2 the tax evaded).
3. For corporation tax (tax payable by the foreign company in Kenya), it depends on:
a) The kind of activities the company is engaged in Kenya (through the Branch) i.e if they amount to trading;
b) How long the branch has operated in Kenya ie 6 months or more;
c) If company is paying tax in Kenya through other means (by withholding tax);
4. If caught up in situations 1&2 above, you need to shift the risk of KRA assessment for tax from YOU to the Foreign company and comply with tax requirements.
5. You also need to minimize the risk of back taxes, penalties and interest assessment on the foreign company. This can be done.
If interested in 4&5, give me a shout at
sparkly99@ovi.com then we can go through the specifics.
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