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Finance Act Analysis
Finance Act Analysis
Finance Act Analysis
Introduction
Once government priorities and expenditure targets for the financial year have been established through
the budget making process1, the government lays out a plan to collect revenue that will guarantee
provision of public services. This plan is the Finance Bill. The procedures outlined in the finance bill are
mainly efforts to streamline or increase efficiency in the collection of certain taxes, levies or service
charges. Consequently, the finance bill often simply makes amendments to other tax bills and money
laws2.
The Finance Bill, 2020 was tabled in the National Assembly on 6 th May, 2020. This followed the
constitutional interpretations issued by the Courts in 2018, that barred the government from collecting
taxes before the National Assembly had approved the relevant tax provisions. The proposed bill built up
on the changes introduced through the Tax Laws (Amendment) Act, 2020 (TLAA) that was assented on
25th April, 2020. It aimed to cushion Kenyans from the impact of the COVID-19. The bill was also
developed against the backdrop of a looming public debt crisis that has been the result of long-term
aggressive borrowing on expensive terms and the subsequent efforts of fiscal consolidation as well as a
forthcoming global recession.
The bill was passed on the 23rd June, 2020 following the National Assembly debate, and assented by the
President on 30th June, 2020 into the Finance Act.
We analyse the tax provisions on the basis provided above. The analysis is organised into three sections:
A Comparison between the Bill and the Act, an Analysis of the Finance Act, 2020, and the Conclusion
and Recommendations.
Part B, 1. To delete the RDL exemptions The Act adopts the proposal but adjusts
Second on any other goods as the Cabinet it further to exempt only equipment,
schedule: Secretary may determine are in public machinery and motor vehicles for the
Amended interest, or to promote investments official use by the Kenya Defence Forces
Railway which value shall not be less than KSh. and National Police from IDF and not all
Development 200 Million. supplies as proposed.
Levy (RDL) 2. To exempt: Effective 30 June, 2020
a) from the RDL the importation or
purchase of currency notes and coins
imported by the Central Bank of
Kenya
b) all goods, including materials
supplies, equipment, machinery and
motor vehicles for the official use by
the Kenya Defence Forces and
National Police from RDL.
2.7. The Kenya Revenue Authority Act, 1995 (the KRA Act)
Section Finance Bill Finance Act
5(2A): To empower KRA to establish an The Act adopts the proposal
Introduction institution to provide capacity building Effective 30 June, 2020
of Capacity and training for the better carrying out of
Building and its functions
Training
Functions
16(1) (ba): To allow KRA to collect a commission The Act adopts the proposal
Introduction not exceeding 2% for collections on Effective 30 June, 2020
of Agency behalf of a county government or
Fees government agency.
3.9. Import Declaration Fee on Goods Imported under Duty Remission Scheme
The change of the duty remission scheme from a flat rate to an ad-valorem rate seem to be an attempt to
protect local industries through harmonizing the treatment of manufacturers under duty remission scheme
with manufacturers not in the scheme who pay IDF on an ad-valorem basis. Nonetheless, this measure is
likely to make intra East Africa trade more expensive.
5
Kenya Economic Update, April 2020 https://openknowledge.worldbank.org/handle/10986/33673
i
References
1. Finance Bill, 2020 http://www.parliament.go.ke/sites/default/files/2020-05/Finance%20Bill%2C
%202020_compressed.pdf
2. Finance Act, 2020
http://kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/2020/TheFinanceAct_No.8of2020.pdf
3. Finance Act, 2020 A KPMG Analysis
https://home.kpmg/content/dam/kpmg/ke/pdf/tax/Finance_Act_11_07_2020.pdf
4. Finance Act Analysis, 2020 https://taxwise-consulting.com/wp-content/uploads/2020/07/finance-act-
2020-kenya-analysis.pdf
5. Highlights of Amendments Under the Finance Act, 2020
https://www.kra.go.ke/images/publications/HIGHLIGHTS-OF-AMENDMENTS-UNDER-THE-
FINANCE-ACT-2020-b-1.pdf
6. AVERTING A CRISIS: ANALYSIS OF THE FINANCE ACT, 2020
https://reaction.bowman.co.za/rs/emsdocuments/Kenya%20Finance%20Act%202020%20Analysis.pdf