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CURRENT KENYA’S TAX AMNESTY PROGRAM 2023/2024

Tax amnesty, often referred to as tax forgiveness or tax pardons, is a fiscal policy tool employed by governments to encourage tax compliance among taxpayers. It offers taxpayers the opportunity to voluntarily disclose previously undisclosed income or assets and settle outstanding tax liabilities under favorable conditions, such as reduced penalties or interest rates. Tax amnesty programs are typically temporary and can vary widely in scope and duration depending on the objectives of the government implementing them.

Objectives of Tax Amnesty

Governments implement tax amnesty programs for various reasons, including:-

  • Revenue Generation: Tax amnesty programs aim to increase government revenue by bringing undisclosed income and assets into the formal economy, thereby broadening the tax base.
  • Enhancing Compliance: By offering taxpayers a chance to come clean about their tax liabilities without fear of severe penalties or prosecution, tax amnesty programs can encourage compliance with tax laws in the long term.
  • Reducing Tax Evasion: Tax amnesty can act as a deterrent to tax evasion by signaling the government’s commitment to enforcing tax laws while simultaneously providing an opportunity for non-compliant taxpayers to rectify their tax affairs.
  • Promoting Economic Growth: By boosting government revenue and fostering greater compliance, tax amnesty programs can contribute to economic growth by funding public infrastructure, social programs, and other development initiatives.

Case Studies

Kenya

Kenya has implemented several tax amnesty programs in recent years, aiming to broaden the tax base and boost revenue collection.

In 2016, the Kenyan government introduced a tax amnesty program aimed at encouraging individuals and businesses to declare and repatriate assets held abroad. The program, which ran from January 1st to June 30th, 2016, allowed taxpayers to declare their offshore assets and income voluntarily. Under the terms of the amnesty, participants were required to pay a one-time levy of 7.5% on the repatriated funds, with no further questions asked about the source of the assets. The program also provided immunity from prosecution for tax-related offenses.

The Kenyan tax amnesty program yielded significant results, with over $1 billion in previously undeclared assets being repatriated during the six-month period. The government attributed the success of the program to its lenient terms, which incentivized taxpayers to come forward and declare their offshore assets voluntarily. Additionally, the revenue generated from the tax amnesty helped bolster Kenya’s fiscal position and fund various development projects.

In 2018, Kenya introduced a tax amnesty program aimed at encouraging the repatriation of assets held abroad and the declaration of previously undisclosed income. The program provided a window of opportunity for taxpayers to declare their offshore assets and income without facing penalties or prosecution. Additionally, it offered reduced tax rates for repatriated assets, incentivizing compliance.

1st September 2023 to 30th June 2024 – Happening now

The Finance Act, 2023 introduced the Tax Amnesty Programme that allows Taxpayers to apply for waiver of penalties and interest accrued for periods up to 31st December 2022, upon full payment of their respective principal taxes by 30th June 2024. The programme runs from 1st September 2023 to 30th June 2024.

The Kenyan Revenue Authority (KRA) has issued guidelines on the implementation of a tax amnesty program introduced under the Kenyan Finance Act 2023. The Act introduced Section 37E into the Tax Procedures Act, which requires the KRA to refrain from recovering historical outstanding penalties and interest.

The amnesty applies where the principal tax has been settled under the following circumstances:

  • Full amnesty on penalties and interest accrued for periods up to 31 December 2022 if principal tax was fully paid by 31 December 2022
  • Amnesty upon application if the taxpayer settles the outstanding principal tax by 30 June 2024, for historical periods up to 31 December 2022

Implementation

The KRA’s implementation guidelines for implementing the tax amnesty program are detailed below.

  1. Eligibility

Category 1 taxpayers

Category 1 taxpayers have settled the principal tax on their historical tax obligations of up to 31 December 2022. These taxpayers are entitled to an automatic amnesty of any accrued penalties and interest.

Category 2 taxpayers

These are taxpayers who have outstanding principal tax for historical periods up to 31 December 2022. They are required to apply for the amnesty coupled by a payment plan for the outstanding principal tax. The outstanding principal tax must be settled by 30 June 2024.

However, penalties and interest are excluded from the amnesty process if they:

  • Arise from tax avoidance under section 85 of the Tax Procedures Act
  • Are related to tax liabilities of tax periods after 31 December 2022
  1. Tax amnesty process

The amnesty application process may be accessed either by submitting a hardcopy (paper) application or and by utilizing the online tax return filing system, i-Tax. The taxpayer is required to assess existing liabilities, namely, principal tax, penalties and interest for historical periods up to 31 December 2022.

Where a taxpayer has an outstanding principal tax, they should ensure full payment of the principal tax by 30 June 2024.

  1. What happens when one is already enrolled for a Voluntary Tax Disclosure Programme (VTDP)

If a taxpayer had already kickstarted a VTDP process that has not been fully finalized, the taxpayer is required to liaise with the KRA if they had already paid existing principal tax.

  1. Timeframe

The amnesty process is active up to 30 June 2024.

Taxpayers are encouraged to take up the amnesty to regularize their historical tax position.

 

Indonesia

Another notable example of a successful tax amnesty program is Indonesia’s 2016 Tax Amnesty Program. Launched in July 2016, the program aimed to repatriate assets held by Indonesian taxpayers abroad and encourage voluntary disclosure of previously undeclared income and assets. Participants in the program were offered reduced penalties and immunity from prosecution in exchange for declaring their offshore assets and paying a predetermined tax rate.

The Indonesian tax amnesty program exceeded expectations, with over $330 billion in assets being declared by participants during the nine-month period. The program’s success was attributed to a combination of factors, including strong government promotion, lenient terms, and effective enforcement measures. The revenue generated from the tax amnesty program helped improve Indonesia’s fiscal position and reduce its reliance on external borrowing.

Conclusion

Tax amnesty programs can be an effective tool for governments to enhance tax compliance, broaden the tax base, and generate additional revenue. The case studies of Kenya and Indonesia demonstrate that well-designed tax amnesty programs, characterized by lenient terms, effective enforcement measures, and strong government promotion, can achieve significant results in terms of asset repatriation and revenue generation. However, it is essential for governments to strike a balance between providing incentives for voluntary disclosure and maintaining the integrity of the tax system to ensure the long-term sustainability of tax compliance efforts.

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