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Foreign based companies and tax
essyk
#11 Posted : Friday, November 16, 2012 3:20:13 PM
Rank: Elder

Joined: 11/15/2011
Posts: 4,518
Ash Ock wrote:
essyk wrote:
Suppose you also paid salaries in cash and left them to do their own banking (could this be ujanja?).
How can KRA prove that you had employeed staff who weren't paying tax or even nhif/nssf including yourself?.
How do they handle such? And what happens if they find out that you have been operating like this for years?




That's what I did. Paid the salaries out in cash out of my own personal account. The branch, if we can call it that, had been operating like that here for close to 35 years. I ran it for the last 8 years but it took just one pissed off ex-employee to rat us out. If it wasn't for him, things could have probably continued like that for another 30 years smile

Proving it was easy for the KRA, as they had a rat singing the kind of song they love snapping their fingers to.

The point is, if KRA catches up with you, for their purposes, they will assume YOU are the employer (local branch) who "somehow" neglected to deduct PAYE, penalize you accordingly and even go after your assets. That's the unfortunate and unenviable position I found myself in. Good for losing a lot of weight fast and getting grey hair but not much else I can think of.


Why do I feel good at this?smile smile
You see it's the employee's right.Right?
Can one backdate and pay arrears to escape KRA's wrath?


"The true measure of a man is how he treats someone who can do him absolutely no good.
Ash Ock
#12 Posted : Friday, November 16, 2012 3:43:36 PM
Rank: Member

Joined: 8/27/2010
Posts: 495
Location: Nairobi
essyk wrote:
Why do I feel good at this?smile smile
You see it's the employee's right.Right?
Can one backdate and pay arrears to escape KRA's wrath?




I did. There's nothing like having your gross salary = your net salary and it looks good on the bank statement smile

Honestly, I believe there are many people operating like that outside KRA's eyes. Even just opening a bank account outside Kenya and having them deposit 3/4 of your salary there and only pay PAYE on a 1/4. How will KRA ever find your foreign account, unless you go through an extremely messy divorce à la Gichuru ex KPLC?

I believe some of this cash is being used to speculate in our fake housing boom: Bid to Track Source of Kenya Property Development Cash
Sent from my Black Nokia 3310
essyk
#13 Posted : Friday, November 16, 2012 3:48:07 PM
Rank: Elder

Joined: 11/15/2011
Posts: 4,518
Ash Ock wrote:
essyk wrote:
Why do I feel good at this?smile smile
You see it's the employee's right.Right?
Can one backdate and pay arrears to escape KRA's wrath?




I did. There's nothing like having your gross salary = your net salary and it looks good on the bank statement smile

Honestly, I believe there are many people operating like that outside KRA's eyes. Even just opening a bank account outside Kenya and having them deposit 3/4 of your salary there and only pay PAYE on a 1/4. How will KRA ever find your foreign account, unless you go through an extremely messy divorce à la Gichuru ex KPLC?

I believe some of this cash is being used to speculate in our fake housing boom: Bid to Track Source of Kenya Property Development Cash


shhhh stop giving ideas!!it only works in your favour if you are the boss.
"The true measure of a man is how he treats someone who can do him absolutely no good.
Gordon Gekko
#14 Posted : Friday, November 16, 2012 4:02:42 PM
Rank: Elder

Joined: 5/27/2008
Posts: 3,760
The rule is very simple. Income earned in Kenya from employment is taxed - even smuggling. The employer is an agent of KRA who collects from the employee (what you are calling deducting at source). It is your duty to file returns at the end of each year where you declare all income, all tax deductions made by employer supported by P9 then pay the difference.
If you work for a department of a foreign company, I believe the tax rates are even more punishing (37.5% with no allowable deductions).
Lipa ushuru else if they audit you, it will be a very painful experience.
Ash Ock
#15 Posted : Friday, November 16, 2012 4:22:12 PM
Rank: Member

Joined: 8/27/2010
Posts: 495
Location: Nairobi
Gordon Gekko wrote:
Lipa ushuru else if they audit you, it will be a very painful experience.


But do I say!Shame on you
Sent from my Black Nokia 3310
essyk
#16 Posted : Friday, November 16, 2012 5:15:30 PM
Rank: Elder

Joined: 11/15/2011
Posts: 4,518
Thanks Ash for the practical example.
You've educated me plus everybody else.
"The true measure of a man is how he treats someone who can do him absolutely no good.
mukiha
#17 Posted : Saturday, November 17, 2012 5:58:21 PM
Rank: Elder

Joined: 6/27/2008
Posts: 4,114
@essyk; why are you so hell-bent on evading tax. Kwanza for your employees?

Nothing is real unless it can be named; nothing has value unless it can be sold; money is worthless unless you spend it.
essyk
#18 Posted : Saturday, November 17, 2012 6:09:01 PM
Rank: Elder

Joined: 11/15/2011
Posts: 4,518
mukiha wrote:
@essyk; why are you so hell-bent on evading tax. Kwanza for your employees?



Weeee,my company is on migingo island.
Foreign based! and exempted from local taxes.smile


believe me at ur own risk
"The true measure of a man is how he treats someone who can do him absolutely no good.
quicksand
#19 Posted : Sunday, November 18, 2012 5:40:50 PM
Rank: Veteran

Joined: 7/5/2010
Posts: 2,061
Location: Nairobi
Another thing to remember is if they audit you and suspect you are hiding something or feel your documentation is not commensurate with your operations (say you operate from very swanky offices but your wage bill is 200,000 per annum) ...they will do some estimates of your income (which are usually orders higher than your real income) and then do a tax on those and then backdate ...then probably start criminal proceedings. You will feel like you have been hit by a train.
sparkly
#20 Posted : Monday, November 19, 2012 9:24:03 AM
Rank: Elder

Joined: 9/23/2009
Posts: 8,083
Location: Enk are Nyirobi
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.

Life is short. Live passionately.
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