Kenya’s Finance Act 2026 is now in force. President Ruto signed it into law on 23 June 2026, after it cleared the National Assembly five days earlier. Most changes took effect from 1 July 2026, with a handful of compliance deadlines following on 1 January 2027.
The Act amends several core tax laws, including the Income Tax Act, VAT Act, Excise Duty Act, and Tax Procedures Act, and touches businesses, investors, and professionals across multiple sectors. Here are the 10 changes that matter most.
1. Wider Withholding Tax on Digital Payments and Card Networks
Withholding tax rules now reach further into digital payments, covering interchange fees, merchant service fees, and payments for access to card networks, payment processing, switching, and settlement systems. Both domestic and international card networks are affected, pulling more of the fast-growing fintech sector into the tax net.
2. Withholding Tax on Software Distribution Payments
The definition of “royalty” has been widened to capture recurring payments for software distribution. This clarifies how licensing and distribution arrangements involving non-residents are taxed, an issue that’s appeared in previous Finance Bills and remains a live concern for tech companies operating in Kenya.
3. A New Non-Resident Rental Income Tax
Non-resident landlords with property in Kenya must now register and file monthly returns under a new Non-Resident Rental Income Tax. It applies to both residential and commercial property and is designed to strengthen tax collection from foreign-owned real estate.
4. A Much Broader Offshore Capital Gains Tax
Kenya’s offshore capital gains tax net has widened significantly. Gains from selling shares in a foreign company can now fall within scope if those shares derive their value from Kenya, or if the sale changes ownership of Kenyan assets or group membership. This is one of the broadest expansions of source-based taxation on offshore deals Kenya has introduced in recent years.
5. Simpler Rules for Taxing Trusts
Trust taxation has been simplified, with clearer rules on how income is taxed at the trustee level versus when it’s distributed to beneficiaries. This matters most for family offices, investment holding structures, and estate planning.
6. Shorter Filing Deadlines from 2027
From January 2027, the deadline to file income tax returns shrinks from six months to four months after the end of the tax year. Nil returns face an even tighter window, one month. It’s part of a broader push toward faster, more digital tax compliance.
7. New Rules on Gambling and Winnings
Withholding tax on lottery winnings returns, and the definition of taxable “withdrawals” from gambling accounts expands significantly, aligning with the new Gambling Control Act. Betting, gaming, and lottery operators, and their customers, are directly affected.
8. Several Changes to VAT
A handful of VAT adjustments made it into the Act:
- New rules on input tax adjustments when supplies become exempt
- Tax invoice requirements for small traders
- Changes to exemptions and zero-rating across healthcare, agriculture, energy, and telecoms.
The overall goal is a broader, more consistently applied VAT base.
9. Excise Duty on Mobile Devices Shifts to Activation
Excise duty on mobile phones and wireless devices is now charged at the point of activation rather than at import, a real shift in how the telecoms sector is taxed at the point of entry.
10. Stronger Compliance and Anti-Avoidance Powers
The Act introduces:
- A consolidated General Anti-Avoidance Rule (GAAR)
- Pre-populated tax returns from KRA
- An extended tax amnesty
- Stronger virtual asset reporting requirements
These measures are all part of a push toward tech-driven compliance.
Notably, two more aggressive proposals didn’t survive the legislative process: MPs rejected giving KRA power to issue agency notices during pending disputes, and rejected counting weekends and public holidays toward appeal filing deadlines.
Who’s Most Affected
The sectors most exposed to these changes are:
- Fintech and digital payments
- Real estate and property investment
- Technology and software companies
- Telecommunications
- Gaming and lotteries
- Multinationals with Kenyan operations
How to Prepare
With the Act now in force, forward-looking businesses should be:
- Reviewing their tax structures and payment arrangements
- Updating compliance calendars
- Assessing the cash flow impact
- Getting professional tax advice where the changes bite hardest.
Staying informed about these developments is essential for effective tax planning and risk management.