Unless otherwise stated, the proposed amendments are expected to take effect on 1 July 2026. Certain provisions, particularly those relating to filing timelines, are proposed to come into operation on 1 January 2027.
Broadly, the proposals may be grouped into the following themes:
- Expansion of the tax base and new taxing points: introduction or expansion of taxes across multiple sectors affecting card payment networks, interchange fees, scrap metal transactions, lottery winnings, non-resident rental income, expanded excise coverage on telecommunication devices and the withdrawal of selected VAT and income tax exemptions have been proposed;
- Expansion of source-based taxation of non-residents and cross-border transactions: non-resident rental income tax, and a proposed substantial widening of Kenya’s offshore capital gains tax framework;
- Acceleration of compliance and enforcement timelines: accelerated payment and filing timelines, including shortened income tax return deadlines from 6 months after the financial year end to 4 months, and in some cases, within 1 month of the year end, together with enhanced compliance requirements across multiple tax heads;
- Structural reforms to the tax framework: introduction of a simplified trust taxation framework and the introduction of a consolidated anti-avoidance regime under the Tax Procedures Act; and
- Targeted reliefs and incentives: reintroduction of tax amnesty measures, incentives relating to public-private partnership infrastructure projects, exemptions for transfers of property to a real estate investment trust and certain employee-related reliefs.
While some proposals align with the Government’s Medium-Term Revenue Strategy for FY 2024/25 – 2026/27, several anticipated reforms, including the proposed reduction of corporate income tax from 30% to 25%, have not been introduced.
In this legal alert, we analyse the key proposed amendments in the Bill and their potential impact on businesses in Kenya.
Click here to download the analysis of proposed tax changes under the Finance Bill, 2026.
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Contributors
1. Brian Waruru – Principal Associate
2. Cindy Mochere – Principal Associate
3. Dhruv Shah – Principal Associate
4. Muna Abdullahi – Principal Associate
5. Caleb Weisiko – Associate
6. Carl Amuka – Associate
7. Faith Chelangat – Associate
8. Mercy Cheptoo – Associate
9. Collins Owino – Trainee Lawyer
10. Lectisiah Gachara – Trainee Lawyer
11. Vincent Mbaluka – Junior Research Associate