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Taxation of Rental Income
pyrex
#1 Posted : Wednesday, July 08, 2015 9:17:49 AM
Rank: Member


Joined: 12/11/2006
Posts: 14
Dear Wazuans,
I have seen an advert in today's daily nation on taxation of rental income following the budget statement by CS Treasury.
In your honest opinion which one would be smarter, filing under the old system where I could claim expenses e.g security,maintenance etc as a limited liability company or to start filing at the flat rate of 12% as proposed in the new tax structure.
Thanks for sharing
kiwaru
#2 Posted : Wednesday, July 08, 2015 11:34:50 AM
Rank: Member


Joined: 8/5/2011
Posts: 125
Just do a break even: depending on your cost base (financed or self funded). If the financing is significant, do the 30% of net profit (after deducting expenses e.g the interest payments on the mortgage are an allowed expense, as well as the depreciation (commercial, rental and industrial buildings).
Rahatupu
#3 Posted : Wednesday, July 08, 2015 5:51:48 PM
Rank: Veteran


Joined: 12/4/2009
Posts: 1,982
Location: matano manne
kiwaru wrote:
Just do a break even: depending on your cost base (financed or self funded). If the financing is significant, do the 30% of net profit (after deducting expenses e.g the interest payments on the mortgage are an allowed expense, as well as the depreciation (commercial, rental and industrial buildings).

@kiwaru, I think that option is sealed since the bracket is well defined as gross totaling to less than 10 million. Please explain how you arrive at 30% of net profit as far as finance cost is concerned.
Gadaffi
#4 Posted : Wednesday, July 08, 2015 6:19:45 PM
Rank: Member


Joined: 2/13/2011
Posts: 284
Location: Nairobi
pyrex wrote:
Dear Wazuans,
I have seen an advert in today's daily nation on taxation of rental income following the budget statement by CS Treasury.
In your honest opinion which one would be smarter, filing under the old system where I could claim expenses e.g security,maintenance etc as a limited liability company or to start filing at the flat rate of 12% as proposed in the new tax structure.
Thanks for sharing

As a tax payer it can go either way. If you are below the 10.0m threshold, you can simply underestimate ur rental income hence having a lower gross pay. For those with over 10.0m, they will continue inflating the allowable expenses. Either way, the tax man will need to be more creative when it comes to rental income tax collection.
kiwaru
#5 Posted : Wednesday, July 08, 2015 7:07:21 PM
Rank: Member


Joined: 8/5/2011
Posts: 125
Rahatupu wrote:
kiwaru wrote:
Just do a break even: depending on your cost base (financed or self funded). If the financing is significant, do the 30% of net profit (after deducting expenses e.g the interest payments on the mortgage are an allowed expense, as well as the depreciation (commercial, rental and industrial buildings).

@kiwaru, I think that option is sealed since the bracket is well defined as gross totaling to less than 10 million. Please explain how you arrive at 30% of net profit as far as finance cost is concerned.


Assume you have just started collecting rent of Kshs 4.8M (and this is a 10% ROR) on the value of the building) so your building is worth 50M.
1. Option 1: pay 10% of gross coming to 480K. No expenses are deducted, including utilities, security, mortgage interest
2. Option 2: pay 30% of net after deducting residential building capital allowance at 25% of the value coming to 12.5M(straight line for 4 years, can be claimed up to 4 years after the fact hence 8 year grace period), as well as the mortgage interest is expensed. Other expenses are the running costs (security, utilities, etc). One may end up avoiding tax for a while.
The 10% looks enticing because it looks like you are paying less that 30% of the gross (directly calculated as 1.44M) but with a little knowledge, no taxes for about 8 years min.
Get a good accountant to set you up. Or look for me
Bachuma Gate
#6 Posted : Thursday, July 09, 2015 7:50:05 AM
Rank: Member


Joined: 3/26/2012
Posts: 280
@kiwaru, I think that option is sealed since the bracket is well defined as gross totaling to less than 10 million. Please explain how you arrive at 30% of net profit as far as finance cost is concerned.

There is an option to choose to be taxed at 30% (current regime). You will need to apply.
DOH
Rahatupu
#7 Posted : Thursday, July 09, 2015 9:31:43 AM
Rank: Veteran


Joined: 12/4/2009
Posts: 1,982
Location: matano manne
Bachuma Gate wrote:
@kiwaru, I think that option is sealed since the bracket is well defined as gross totaling to less than 10 million. Please explain how you arrive at 30% of net profit as far as finance cost is concerned.

There is an option to choose to be taxed at 30% (current regime). You will need to apply.


@Bachuma, how,and to whom? This could be the window☺ because the fellows with less income would end up paying more.
Rahatupu
#8 Posted : Thursday, July 09, 2015 9:33:21 AM
Rank: Veteran


Joined: 12/4/2009
Posts: 1,982
Location: matano manne
@Kiwaru, inbox me at rahatupu at ymail dot com
Rahatupu
#9 Posted : Thursday, July 09, 2015 9:35:00 AM
Rank: Veteran


Joined: 12/4/2009
Posts: 1,982
Location: matano manne
@Kiwaru, inbox me at rahatupu at ymail dot com
Tbags
#10 Posted : Thursday, July 09, 2015 1:46:44 PM
Rank: New-farer


Joined: 1/30/2015
Posts: 23
Question?..does or will KRA compel banks to give them information of rental payments to bank accounts? ama how else will they know that I receive rent in my account if I don't declare (I'm not saying I wont declare)..just asking...
Rahatupu
#11 Posted : Thursday, July 09, 2015 5:32:53 PM
Rank: Veteran


Joined: 12/4/2009
Posts: 1,982
Location: matano manne
Tbags wrote:
Question?..does or will KRA compel banks to give them information of rental payments to bank accounts? ama how else will they know that I receive rent in my account if I don't declare (I'm not saying I wont declare)..just asking...

They'll ask tenants for their landlord's I'd and pin numbers,so you're better off with jua kali tenants.
mwania
#12 Posted : Friday, July 10, 2015 9:49:55 AM
Rank: Member


Joined: 10/29/2007
Posts: 76
Is Residential Building allowed to deduct capital allowance before taxation? NO. If you have references to the Income Tax Act that allow this, please quote it. It applies to factories/ warehouses only.
kiwaru
#13 Posted : Friday, July 10, 2015 10:32:06 AM
Rank: Member


Joined: 8/5/2011
Posts: 125
mwania wrote:
Is Residential Building allowed to deduct capital allowance before taxation? NO. If you have references to the Income Tax Act that allow this, please quote it. It applies to factories/ warehouses only.


Allowed capital allowance... usually applied as an expense (depreciation) because it wont make sense to give the allowance after tax, NO??
https://www.kpmg.com/Africa/en/K...scal%20Guide%20Kenya.pdf
Check this document
Bachuma Gate
#14 Posted : Friday, July 10, 2015 10:43:52 AM
Rank: Member


Joined: 3/26/2012
Posts: 280
mwania
#15 Posted : Friday, July 10, 2015 11:08:04 AM
Rank: Member


Joined: 10/29/2007
Posts: 76
Kiwaru. That makes sense. Depreciation is allowable income on fixed assets though I could not see a specific reference to it in the KPMG document. I am also not sure the allowable rate per annum.
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