Mike Ock wrote:maka wrote:The best way to approach this is to sit with the tax man and see how much she hasnt paid or how much they are claiming then get a way of paying it pole pole over time...Or if she is sure she has paid to the penny she just goes to court.
For someone who is an 'Elder,' your naivety is shocking. Ati you just sit down with KRA and organize a payment scheme? Have you never been accosted by government officials? You think those guys come with an intent of being reasonable?
Whenever government officials knock on a business' door in Kenya, 99% of the time it is a shakedown attempt. Usually you just chota them something small and they go away for a long period of time. But in this case a moneyed rival has already chotad the tax man beforehand, so it becomes tricky. But at least Keroche has money too, so I predict it will just devolve into a game of both sides trying to chota the tax officials and judges till they get tired. That and Keroche will also have to pay at least something reasonable to kra if they've not been paying
I have and many of my clients have and that is why KRA has a local committee for Income tax cases and a Tribunal for VAT cases you sit down iron out your issues and come up with a solution at the end of it,If you are still dissatisfied you go to the High Court that is why companies like BAT won that 8 year case against KRA...and also Barclays won a case against them this year.
My biggest problem with KRA is that some of sections of the Income Tax Act and VAT Act have clear errors and are ambiguous.She will win this case hands down..KRA is just being greedy and there is no way they will win this case.
During the BAT case this was said...
“In this case, KRA simply borrowed a phrase in the Income Tax Act and applied it to Barclays’ circumstances. In tax matters, the practice of cut and paste will not do. KRA cannot exercise its duty like a trawler in the deep seas, expecting to catch all the fish by casting its net wide,” Justice George Odunga ruled.
possunt quia posse videntur