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School of Business and Public Management CFM-300-A Advanced Taxation Capital Allowances Notes
School of Business and Public Management CFM-300-A Advanced Taxation Capital Allowances Notes
School of Business and Public Management CFM-300-A Advanced Taxation Capital Allowances Notes
CFM-300-A
ADVANCED TAXATION
Introduction
The Second Schedule to the Income Tax Act enumerates all capital deductions that are granted to a
taxpayer in respect of capital expenditure incurred by a person on the production of taxable income. Capital
expenditure, losses, diminution, exhaustion of capital, depreciation, amortisation, loss on sale of an asset,
obsolescence, provision for replacement of an asset etc, are all not allowable for tax purposes.
In the generation of taxable income, taxpayers invest in fixed assets. These assets suffer loss in value due to
reasons such as wear and tear allowance, out of usage breakdown, inadequacies, economic factors etc
(factors that cause depreciation).
For this purpose, the Income Tax Act seeks to standardise the charge in respect of losses of capital assets
by granting uniform capital allowances in respect of capital expenditure. Capital allowances are also
granted for other purposes such as an incentive to investors who would make investment in capital items
e.g. buildings and machinery used for manufacturing.
Topic 1
Wear and Tear Allowance
This is a capital allowance granted in respect of machinery under Paragraph 7 of the 2nd Schedule.
Machinery is categorised by being placed into four distinct classes i.e. pools and each of the pools/classes
will be granted wear and tear allowance on a given percentage on a reducing balance basis.
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Class I, 37½%
This is a class for heavy earth moving equipment and heavy self-propelled machinery such as tractors,
combine harvesters, lorries of a load capacity of at least 3 tonnes, buses, loaders, bulldozers, caterpillars,
forklifts, mounted cranes, break downs, tippers trucks, graders, trains, airbus etc.
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Notes on the Wear and Tear Allowance Schedule
2) Additions
This represents fixed assets qualifying for wear and tear allowance acquired in the current year of income.
The cost of an asset which qualifies for wear and tear allowance as an addition is:
(a) The historical cost of the qualifying asset,
(b) Incidental expenses
(c) In a trade-in or part-exchange situation, the trade-in or part exchange value plus the cash paid.
(d) In hire purchase transaction, the cash price of an asset shall be considered.
(e) For assets brought into the business without being purchased e.g. through donations, grants, gifts etc,
the most likely open market value.
(f) For non-commercial vehicles i.e. some vehicles in class III (25%) their cost is restricted to Kshs.
2,000,000 from year 2006.
3) Disposals
This represents fixed assets qualifying for wear and tear allowance disposed of in the current year of
income. The value of an asset which qualifies for a disposal is:
(a) Amount of cash proceeds or cash equivalent on sale of a wear and tear allowance machine.
(b) In a trade in situation the trade in or part exchange value is taken.
(c) On the disposals of non-commercial vehicles the sales proceeds or cash equivalent must be restricted
Kshs. 2,000,000 over cost
The following formula is used to restrict the value on disposal of non-commercial vehicle whose
acquisition cost was beyond the limits given above.
Disposal Value = Sales Proceeds x Restricted Value in year of Saloon Car Acquisition
Original Cost
(d) The amount of insurance claim received for machinery lost through theft, fire or accidents etc
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Additional Notes on Wear and Tear Allowance
- Wear and tear allowance is calculated on a reducing balance basis
- Full wear and tear allowance will be granted irrespective of the date that the qualifying asset was
acquired.
- Wear and tear allowance shall be restricted to the period that the business has existed and not to the period of
ownership of the asset; if less than a year.
- Wear and tear allowance shall be increased proportionately to the period of operation.
- Wear and tear allowance shall be restricted to the proportion of business use if also used privately.
- Where there is succession to a business without payment of any money the written down values of the
machinery will continue getting wear and tear allowance.
- Wear and tear allowance will be claimed by the lessor where assets are leased.
- Where a person purchases machinery, wear and tear allowance shall be the amount paid for the assets.
Topic 2
Industrial Building Deduction
It is granted in respect of capital expenditure on industrial buildings as per paragraphs 1 of the Second
Schedule to the Income Tax Act.
A. A Building in use:
(i) For the purpose of a business carried on in a mill or a factory or for any other industrial purpose e.g.
paper mill, sawmill, sugar mill, coffee mill etc.
(ii) For the purpose of transport, dock, bridge, tunnel, inland navigation, water, electricity or hydro
power undertaking.
(iii) For the purpose of business which consists of the manufacture of goods or materials or the
subjection of goods to any process e.g. buildings within the EAB, EAI, BAT etc.
- For the purpose of a business which consists in the storage of goods/materials:
- A building in use for the purpose of a business consisting of ploughing or cultivating agricultural
land but not by a farmer.
- A building in use for the purpose of a business, which may be declared by the Minister of
Finance in a gazette notice.
(B) A prescribed dwelling house constructed for and occupied by employees of a business carried on
by the person owning the dwelling house and which conforms to prescribed living conditions as
specified by the Ministry of Labour.
(C) A building, which is in use as a hotel or part of a hotel building which the CDT, is satisfied that it
is an industrial building.
(D) A building in use for the welfare of workers
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(E) A building in use as a hostel or an educational building, or a building in use for training, provided
such building has been certified by the Commissioner.
(F) A building in use as rental residential building where such building is constructed in a planned
development area approved by the Minister of Housing.
(G) A building in use as a commercial building.
Topic 3
Investment Deduction
Investment deductions are granted as per paragraph 24-26 of the 2nd Schedule to the Income Tax Act.
Investment deductions are granted on a once and for all basis i.e. in the first year of use of the
qualifying assets.
(f) Machinery and equipment used directly or indirectly in the process of manufacture and will include
machinery used for the following auxiliary/ancillary purposes:
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- Where a building is sold more than once before use, the last price paid shall be the qualifying
cost for investment deduction.
(d) A building that qualifies for investment deduction shall automatically qualify for industrial building
deduction; however the reverse is not always true.
The rate for shipping investment deduction (SID) is 100% of the qualifying cost, which is granted on
a once and for all basis and in the year of first use of the ship for the qualifying business. As from
1.1.1987, wear and tear allowance on the ship (12.5%) shall be granted on the residue after shipping
investment deduction.
Topic 4
Farm Works Deductions
This is an allowable capital deduction granted in respect of capital expenditure on farm structures
constructed on a commercial agricultural land as per paragraph 22 and 23 of Second Schedule of ITA
Cap 470.
This rate is 100% of the total qualifying
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nuts etc or animal husbandry such as dairy cattle, ranching, pigs, poultry farming, ostrich farming, dog
breeding, snake farming etc.
Types of Farm works
(a) Farm houses for the occupation of the farmer or directors of the company. In the case of a
farmhouse occupied by the owner of farm as his/her residence, only 1/3rd of the cost shall qualify
for FWD and on only one farmhouse. In case of a limited company in agricultural business, the
value of farmhouses will not be restricted since such are treated as labour quarters.
(b) Labour quarters/labour lines for the occupation by farm workers.
(c) Other building(s) or structure(s) that are necessary the proper operation of the farm to generate
taxable farming income e.g. fences, cattle dips, water and electricity supply works other than
machinery, fish ponds, stables, bomas, animal pens, access roads, granaries, stores, silos, irrigation
networks etc.
Points to Note:
(a) Full farm works deduction shall be made for farm works constructed during the accounting year
without restriction provided the farming business has been carried on for a full year.
(b) Where items qualifying for FWD are sold to another farmer, the new farmer can only claim the
residue of expenditure of the former and thus the purchase price paid by the new farmer shall be
irrelevant for the purposes of FWD.
(c) Apportionment of unclaimed deduction will be done on the basis of the period of ownership in a
year of income.
(d) Other assets owned by a farmer will qualify for their relevant capital allowances.
Topic 5
Mining Allowance
Part III of the Second Schedule grants capital allowances in respect of expenditure incurred by a person
on mining operation. These capital deductions are granted in respect of mining operations due to their
peculiar features such as:
(a) The working or production life of a mine depends largely to the amounts of deposits and the extent
to which they can be won.
(b) The prices of minerals largely depend on the world prices.
(c) Any capital expenditure in mining operations is largely dependent on the life of the mine such that
upon exhaustion of the mine, some of the buildings and machinery would hardly be used for any
other purpose.
A fall in the prices of minerals will cause the extraction or production unjustifiable although the mine
could still have substantial deposits. Much of the mining in Kenya is of marginal type. Such operations
are brought down by: world prices and scarce deposits whose extraction cannot justify the cost
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(e) On the development, general administration and management prior to the commencement of
production or during a period of non-production.
Non-Qualifying Costs
(a) Expenditure on acquisition of the site of the deposits or the site of those buildings or works or rights
over the site.
(b) Expenditure on the works constructed wholly or mainly for subjecting the raw produce of the
deposits to a process except a process designed for preparing the raw materials for use.
For the purposes of this deduction, minerals will not include: common clay, murrum, limestone,
sandstone, brine, diatomite, gypsum, anhydrite, sulphur, dolomite, kaolin, bauxite, sodium,
potassium and any other mineral substance, which is not declared to be a mineral under Sec.2 of the
Mining Act. Minerals shall include copper, gold, silver, carbon-dioxide gas, mica, etc.
The rate of mining allowance is 40% of the qualifying expenditure in the first year and 10% for the
next 6 years on a straight-line basis. A mine is deemed to have a life span of 7 years. Where a person
considers that his mine has a life of less than 7 years, he can make an official representation to the
CDT for an enhanced capital deduction rate.
An additional advantage exists where a person carrying on the mining operation is charged to tax at
a corporation tax rate of 27.5% in the first 4 years after which they revert to the normal corporation
tax ruling then.
PRACTICE QUESTIONS
QUESTION ONE
(a) Explain briefly the key provisions of Section 125 of the Income Tax Act (Cap. 470) relating to
the official secrecy binding all employees of the Income Tax Department. (5 marks)
(b) Maendeleo Ltd., a manufacturer of soft drinks, commenced operations on 1 April 2009. The
following information relates to the assets it purchased or constructed, upon commencement of
its operations.
Kshs.
Processing machinery:
- New 1,200,000
- Imported (second-hand) 600,000
Factory building (including go-down Kshs.300,000) 3,200,000
Tarmacked driveway constructed 400,000
Drainage system constructed 250,000
Waste recycling machine 650,000
Stand-by generator 300,000
Delivery vans 700,000
Office block (including staff canteen Kshs.400,000) 900,000
Additional Information
1. On 1 July 2009, the company obtained a loan of Kshs. 1,700,000 from Wananchi Bank Ltd. at 25%
interest per annum. Kshs.1 million of these amounts was used to construct an extension to the
factory which was completed on 1 September 2009. The balance was used to construct an additional
office block which was completed on 1 November 2009.
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2. On 15 September 2009, one of the vans with an original cost of Kshs. 400,000 and a market value of
Kshs. 250,000 was traded in for a new van worth Kshs. 600,000. The balance was paid in cash.
3. Due to an acute shortage of water, the company incurred a cost of Kshs. 500,000 on the construction
of a borehole which was completed on 1 October 2009. On the same date, a diesel water pump was
purchased at Kshs. 30,000.
4. On 1 November 2009, a part of the godown was destroyed by fire. The loss was estimated at Kshs.
180,000 including stock worth Kshs.25,000. A total of Kshs. 120,000 was received from the
insurance company as compensation (including Kshs. 15,000 for stock). This amount was utilized in
reconstructing the godown.
5. On 15 December 2009, two saloon cars were purchased for senior managers at Kshs. 1,400,000
each. On the same date, the company also leased a new lorry at a rental of Kshs. 20,000 per month.
6. On 30 November 2009, the company undertook a computerization project costing Kshs. 240,000.
The project had not been completed by 31 December 2009.
7. The company’s profit before capital allowances for the year ended 31 December 2009 amounted to
Kshs. 12,500,000.
Required:
(a) Capital allowances due to Maendeleo Ltd. for the year ended 31 December 2009. (12 marks)
(b) Taxable profit (or loss) and the tax liability for the year ended 31 December 2009. (3 marks)
QUESTION TWO
(a) Outline the benefits which may accrue to a country from being a signatory to the most favoured
nation status. (4 marks)
(b) Style limited obtained a license from the customs and excise department on 15th December 2007 to
manufacture leather jackets for export. The company commenced its operations on 2 January 2008.
The following information relates to the company’s operations for the financial years ended 31
December 2008 and 2009:
1. The company incurred the following costs prior to the commencement of its operations:
Kshs.
Purchase of land 8,000,000
Demolition of an old building on the land 500,000
Factory construction 12,000,000
Stone perimeter wall 1,400,000
Staff canteen 800,000
4. A borehole was drilled at a cost of Kshs. 800,000 and utilized with effect from 1 July 2008.
5. An extension to the factory and a loading bay were constructed and utilized with effect from 1
January 2009. The extension cost Kshs. 4,800,000 while the loading bay cost Kshs. 600,000.
6. The following additional assets were acquired on 1 January 2009.
Kshs.
Imported machinery (including import duty of Kshs.600, 000 2,400,000
Fax machines 120,000
Pick ups 2,000,000
Conveyor belts 640,000
7. On 1 July 2009, Style Limited ceases to manufacture for export and instead started selling the
leather jackets in the local market. The customs and Excise Department subsequently withdrew the
export manufacturing licence with effect from July 2009.
9. The company reported a net profit (before deducing capital allowances) of Kshs. 7,200,000 for the
year ended 31 December 2004.
Required:
(i) Determine the capital allowances due to Style Limited for the years ended 31 December 2008 and 2009.
(14 marks)
(ii) Determine the tax payable (if any) by Style Limited for the year ended 31 December 2009. (2 marks)
QUESTION THREE
(a) Outline two types of capital allowances granted to companies manufacturing under bond. (4 marks)
(b) Mapato Ltd. has been in the manufacturing business since 2000. The following summary relates to
the company’s assets as at 31 December 2007.
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Other machinery (non processing) 1,600,000 1 July 2000
Tractors 3,000,000 1 July 2005
Computers 600,000 1 September 2005
Saloon car 1,800,000 1 September 2005
Partitions 400,000 1 September 2006
Photocopiers 300,000 1 September 2006
Factory extension 2,400,000 1 September 2007
Conveyor belts 960,000 1 September 2007
Sports pavilion 360,000 1 September 2007
Staff canteen 1,200,000 1 September 2007
Additional Information
1 On 1 January 2008, a sewerage system was constructed at a cost of Kshs. 720,000. A generator
was also purchased on the same date for Kshs. 450, 000.
2 The following additions assets were purchased or disposed of in the year 2008.
Required:
(i) Compute the capital allowances due to the company for the two years ended 31 December 2008
and 2009. (14 marks)
(ii) Determine the tax payable by the company for the year ended 31 December 2009. (2marks)
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