Business

Default Interest and Excise Duty in Kenya: Lessons from the SBM Bank Tribunal Decision

SBM Bank Kenya Limited v Commissioner of Legal Services and Board Coordination Can a bank’s default interest be taxed as excise duty? This question recently came before the Tax Appeals Tribunal in SBM Bank Kenya Limited v Commissioner of Legal Services and Board Coordination. The Tribunal’s answer provides important clarity for banks and financial institutions operating […]
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CHECKLIST: 5 SIGNS YOUR REMOTE WORKER MAY HAVE CREATED A PERMANENT ESTABLISHMENT

Remote work is no longer a temporary arrangement—it is a permanent feature of the modern workforce. But when an employee logs in from another country, they may be doing more than answering emails. In some cases, they may be creating a Permanent Establishment (PE) for your company and exposing the business to unexpected cross-border taxation. Use this […]
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Can KRA Challenge Your Old Tax Losses? The Patel Case and the 5-year Limit

Vijay Kumar Shamji Patel v Commissioner For Legal Services & Board Co-Ordination Services. The Tax Appeals Tribunal’s decision in Patel v KRA confirms that KRA is barred from amending tax assessments after five years unless fraud or willful neglect is proven. The case reinforces important taxpayer protections against prolonged audits and retrospective reassessment of historic […]
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Intra-Group Loans & Transfer Pricing in Kenya

Kenya’s tax landscape is changing fast, and intra-group financing is right at the center of it. KRA has steadily intensified its scrutiny of cross-border intercompany transactions, and intra-group loans sit at the top of its audit priority list. For MNEs operating in Kenya whether as regional treasury hubs, subsidiaries receiving funding from offshore parents or […]
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When Does a Marketing Subsidiary Become a Permanent Establishment?

Travelport Services (Kenya) Limited v Commissioner of Legal Services Board Coordination In February 2026, the Tax Appeals Tribunal issued a landmark ruling in a case centered on whether a Kenyan subsidiary of a global travel technology group constituted a Permanent Establishment of its UK parent, and what that meant for additional assessments spanning corporate tax, […]
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