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1. Tax deductible contribution to registered retirement benefit scheme
Income tax act have provided that contribution to registered retirement benefit schemes can be deducted from gross income before taxable income is determined. The tax deductible contributions is currently set at a maximum of sh. 24,000 per annum
These contributions achieve the twin aims of building retirement savings and reducing taxes paid.
- It should be noted that upon reaching the set retirement age, the retirement savings are still taxable under certain conditions when an individual desires to receive his retirement savings as a lump sum, a sum of Sh. 60,000 per full year worked suggest to a maximum of shs. 600,000 is deductible from the lump sum before the balance is taxed.
- Members of pension schemes or individual retirement scheme who opt to use their retirement savings to purchase an annuity (which will generate a periodic pension) will have various advantages.
- The first Sh. 300,000 of the total pensions or retirement annuities received annually are tax exempt
- Secondly personal relief is applied to reduce the taxable income further pension for pensioners over 65 years are now fully tax exempt.
- The income tax act has sometimes provided that contribution to registered schemes designed and established to enable savings for purchase of residencies can be deducted from gross income up to a maximum of 4000 per month of 48,000 per annum
- This has been enhanced by making interest earned on deposit of up to 3 million into such a scheme tax free. This avenue for savings and tax mitigation are difficult for banks to abide with. As a result so far only one financial institution i.e. housing finance has launched a saving product for this purpose
2. Mortgage interest deduction
Interest incurred on personal mortgages is deductible from gross income before arriving at taxable income subject to a limit of 12,500 per month or 150,000 per annum
However this facility is available in respect of one house which can be in the name of either spouse and the loan must have been borrowed from an approved institution by the CDT (commission of domestic taxes) which may constitute a bank, an insurance company or a housing finance company each registered under its respective act.
3. Individual investment in various assets so as to avoid taxes on gains
The suspension of taxation of capital gains for more than two decades means that individual have not been subjected to taxes on gains made on acquisition and subsequent disposal of assets such as immovable properties, equities and fixed income securities.
- An attempt on year 2000 to introduce tax on capital gains realized on sale of immovable property was unsuccessful after parliament rejected the enabling provision of the finance bill.
- It should be carefully noted that the tax exemption is where the acquisition and disposal of assets is not a business activity carried on under the presence of personal investment.
- Section 3 (2a) of the income tax act provides that income tax is changeable upon gains or profits from a business. In the definition section of the Act, business is defined to include any trade, profession, vocation and every manufacture venture or concern in the nature of trade.
- This clearly captures regular personal trading in assets of what nature. The acts will look at the motive of acquisition i.e. either for personal use or for subsequent disposal.
- These exempts can be enjoyed by investing through unit trust or other collective investments schemes such as mutual funds.
- Such investments vehicles are subject only to a final withholding tax on dividend and interest income.
4. Conducting business using a corporative entity so as to enable comprehensive deduction of business expenses
Expenses legitimately incurred in production of income are tax deductible regardless of the form of business. Conducting business using a corporate entity enables clear segmentation of business and personal expenses thus enhancing the deduction of certain expenses. This is especially in light of fact that the domestic tax department will scrutinize expenditure in the cause of audit
- Individual engage in various professions including entertainment can set up company’s labeled personal service companies to which they direct their income.
- This enables them to reduce taxable income by changing their gross income with certain tax deductible expenses which would otherwise not be deductible if they operates as an incorporated businesses
- Further due to separation of business and owners in a company set up any dealing with the company would be treated at arm’s length.
5. Establishment of charitable trust or foundations
Section 10 of the 1st schedule of the income tax act provides that the income of an institution body of persons or irrevocable trust of a public character establishment solely for the purposes of poverty elevation or distress of the public as the advancement of religion or education or for public benefit shall be tax exempt. Section 13 provides that the income of a registered trust is exempt from income tax. The finance act 2006 further provides that contribution made to a tax exempt entity shall be deductible from taxable income
Wilfykil answered the question on February 25, 2019 at 12:19
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Date posted: February 25, 2019. Answers (1)
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