The Finance Bill 2026 was published in May 2026 and proposes significant amendments to various tax laws in Kenya, including the Income Tax Act, Value Added Tax Act, Excise Duty Act, and Tax Procedures Act. If passed, most changes are expected to take effect on 1 July 2026, while certain compliance timelines will apply from 1 January 2027.

This article provides a clear, high-level summary of the 10 major tax proposals in the Finance Bill 2026 that are likely to impact businesses, investors, and professionals across multiple sectors in Kenya.

1. Expanded Withholding Tax on Digital Payments and Card Networks

One of the most notable proposals in the Finance Bill 2026 is the expansion of withholding tax rules to cover payments related to card payment networks. This includes interchange fees, merchant service fees, and payments for access to proprietary digital platforms, payment processing systems, switching systems, and settlement systems.

The proposal aims to bring more transactions within the tax net, particularly in the fast-growing fintech and digital payments sector. Both domestic and international card networks could be affected.

2. Withholding Tax on Software Distribution Payments

The Bill proposes to expand the definition of “royalty” to include payments made for the distribution of software where regular payments are involved. This change seeks to clarify the tax treatment of software licensing and distribution arrangements involving non-residents.

This proposal has appeared in previous Finance Bills but remains a key area of focus for technology companies operating in Kenya.

3. Introduction of Non-Resident Rental Income Tax

A new Non-Resident Rental Income Tax (NRRT) is proposed for rental income derived from property situated in Kenya. Non-resident landlords will be required to register and file monthly returns for this tax.

This measure is expected to strengthen tax collection from foreign-owned real estate assets in Kenya, covering both residential and commercial properties.

4. Significant Expansion of Offshore Capital Gains Tax

The Finance Bill 2026 proposes to broaden Kenya’s offshore capital gains tax framework. Gains from the sale of shares in foreign companies could fall within the scope if the shares derive value from Kenya or result in a change of ownership of Kenyan assets or group membership.

This is one of the widest expansions of source-based taxation on offshore transactions proposed in recent years.

5. Simplification of Trust Taxation Rules

The Bill introduces a simplified framework for the taxation of trusts. Key proposals include clearer rules on the taxation of income at the trustee level and distributions to beneficiaries, aiming to reduce ambiguity that has existed in the current regime.

This change will be particularly relevant for family offices, investment holding structures, and estate planning.

6. Accelerated Income Tax Filing Deadlines

Starting January 2027, the deadline for filing income tax returns is proposed to be shortened from six months to four months after the end of the year of income. Nil returns may need to be filed even earlier, within one month.

This forms part of a broader push toward faster compliance and greater use of digital tax administration tools.

7. Changes to Taxation of Winnings and Gambling Activities

The Finance Bill 2026 proposes to reintroduce withholding tax on lottery winnings and significantly expand the definition of taxable “withdrawals” from gambling accounts. The changes align with the new Gambling Control Act.

This will affect operators and participants in the betting, gaming, and lottery sectors.

8. Various Adjustments to the VAT Framework

Several VAT-related proposals are included, such as:

  • New rules on input tax adjustments when supplies become exempt
  • Requirements for small traders issuing tax invoices
  • Changes to exemptions and zero-rating in sectors like healthcare, agriculture, energy, and telecommunications

These changes aim to rationalise the VAT base and improve compliance.

9. New Excise Duty Rules for Mobile Devices

A major shift is proposed in the taxation of mobile phones and wireless devices. Excise duty would be charged based on device activation rather than importation. This represents a significant change in the taxing point for the telecommunications sector.

10. Enhanced Compliance, Anti-Avoidance and Amnesty Measures

Other important proposals include:

  • Introduction of a consolidated General Anti-Avoidance Rule (GAAR)
  • Prepopulated tax returns by the Kenya Revenue Authority
  • Extension of the tax amnesty program
  • Stronger virtual asset reporting requirements

These measures reflect the government’s continued focus on improving tax compliance through technology and data.

Why the Finance Bill 2026 Matters for Kenyan Businesses

The proposals in the Finance Bill 2026 continue the government’s strategy of expanding the tax base while modernising tax administration. Sectors likely to be most affected include:

  • Fintech and digital payments
  • Real estate and property investment
  • Technology and software companies
  • Telecommunications
  • Gaming and lotteries
  • Multinational enterprises with Kenyan operations

How Businesses Can Prepare

While the Bill is still going through the legislative process, forward-looking organisations are already:

  • Reviewing current tax structures and payment arrangements
  • Updating compliance calendars and internal processes
  • Assessing potential cash flow impacts
  • Engaging professional tax advisors for tailored guidance

Staying informed about these developments is essential for effective tax planning and risk management.

Conclusion

The Finance Bill 2026 introduces several important changes to Kenya’s tax landscape. Businesses and investors are encouraged to monitor the progress of the Bill through Parliament and public participation.

For a more in-depth professional analysis of these proposals, you can read and download the full Tax Changes Legal Alert we previously published.

 

12 June 26

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