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Capital Gains Tax in Kenya

What is Capital Gains Tax?

Capital Gains Tax (CGT) is the tax imposed on the profits from selling or disposing of capital assets. These assets can include real estate, investments, shares, and other valuable assets. The tax is applicable when the asset’s selling price exceeds its original purchase price and all expenses, resulting in a capital gain.

In this post, we explore DST, shedding light on its definition, the rationale for its implementation, and the consequences of failing to comply.

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Why Do Governments Impose Capital Gains Tax?

Many governments across the world implement Capital Gains Tax (CGT) for many reasons:

  1. It serves as a source of revenue, allowing governments to fund public services, infrastructure, and various socio-economic programs.
  2. CGT aims to promote fairness in the tax system by ensuring that individuals who benefit from the appreciation of capital assets contribute their share to the public coffers.
  3. It helps regulate speculative behaviour in the financial and investment markets, preventing excessive speculation that could lead to market volatility.
Capital gain tax

Capital Gains Tax in Kenya

In Kenya, the Capital Gains Tax was initially introduced in 1975 but was suspended in 1985. It was later reintroduced in 2015, marking a significant shift in the country’s tax landscape. The tax applies to gains arising from the transfer of property or shares, with rates being 5% for periods up to 31st December 2022 and 15% subsequently. 

The value of capital gain depends on various factors, such as the type of asset, expenses incurred, and the duration of ownership.

Consequences of Failing to Pay Capital Gains Tax

Failure to comply with Capital Gains Tax regulations can have serious consequences. The governments often enforce penalties, fines, interest, or legal actions against any taxpayers (individuals and non-individuals) who evade or neglect their tax obligations. 

Additionally, non-compliance can lead to reputational damage, affecting one’s standing in the business community and potentially hindering future financial endeavours.

Capital gain tax

Conclusion

In conclusion, Capital Gains Tax is a vital tool in a government’s fiscal policy toolkit, serving both economic and regulatory purposes. Understanding its implications is crucial for individuals and businesses, as non-compliance can result in severe consequences. 

As tax regulations evolve, staying informed and ensuring adherence to the prevailing laws is essential to fostering a fair and sustainable economic environment.

Questions on Capital Gains Tax

  1. Do you know how to establish Capital Gains Tax?
  2. Do you know how to pay Capital Gains Tax?
  3. Do you want to learn more about Capital Gains Tax in Kenya?

Thank you for reading the post.

Best!

dr. wakaguyu W.K.

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