Tuesday, 28 January 2025

TAX OBLIGATIONS FOR A SOLE PROPRIETORSHIP LAW PRACTICE

INTRODUCTION

This advice provides an overview of the tax obligations for a sole proprietorship law practice in Kenya that has received over Kshs. 5 million in legal fees from clients. It addresses the various types of taxes applicable, the processes for compliance, and the relevant tax regulations under Kenyan law.

1. INCOME TAX (CORPORATE AND PERSONAL)

As a Sole Proprietorship, the business and the owner are considered a single legal entity for tax purposes. Therefore, the legal fees collected by the practice are considered part of the personal income of the business owner, and the tax obligations are assessed on the individual rather than the business.

a) Taxable Income: All payments invoiced as Legal Fees and received by the Firm will form part of the total taxable income for the owner.

The total income is subject to tax based on the Kenyan progressive individual income tax rates, which are applied to the total annual income.

b) Income Tax Rates: for Individuals Under the Income Tax Act, the applicable individual income tax rates are as follows (as of the 2024/2025 tax year):

✓Kshs. 0 - Kshs. 288,000: 10%

✓Kshs. 288,001 - Kshs. 388,000: 15%

✓Kshs. 388,001 - Kshs. 488,000: 20%

✓Kshs. 488,001 - Kshs. 688,000: 25%

✓Kshs. 688,001 and above: 30%

c) Deductions and Allowable Expenses: As a sole proprietor, you are entitled to deduct business expenses that are wholly and exclusively related to the practice of law. These may include:

✓Office rent, utilities, and maintenance costs

✓Salaries and wages paid to employees (if any)

✓Legal research materials and subscriptions

✓Professional development and training costs

✓Travel and transportation expenses for business purposes

✓Legal and accounting fees

✓Other overheads related to the business of the practice

These deductions will reduce the taxable income, thus lowering the tax liability.

d) Filing and Payment: Income tax must be filed and paid annually. The deadlines for filing and payment are as follows:

Preliminary tax (installments): Paid in quarterly installments. The tax due is divided into four equal installments paid on or before the 20th of each of the following months: April, July, October, and January.

Annual Return: The final return for the year must be filed by 30th June of the following year. All taxes due must be paid at this time.

2. VALUE ADDED TAX (VAT)

VAT is a tax on the supply of goods and services in Kenya, and it may apply to a law practice if certain conditions are met.

a) Registration for VAT: A sole proprietorship law practice is required to register for VAT if its annual taxable turnover exceeds Kshs. 5 million. Since your practice has received more than Kshs. 5 million in legal fees, which exceeds VAT threshold, you are obligated to register for VAT with the Kenya Revenue Authority (KRA).

b) VAT Rate: The current VAT rate in Kenya is 16%. This applies to most taxable supplies, including legal services provided to local clients. However, legal services provided to foreign clients may be exempt from VAT under certain circumstances (e.g., if the services are considered "exported services").

c) Filing and Payment of VAT: Once registered, VAT must be filed and paid on a monthly basis, with returns due by the 20th day of the following month. The law practice will need to:

✓Collect VAT on taxable services (e.g., legal fees from local clients)

✓Remit the VAT collected to KRA after deducting any VAT paid on allowable business expenses (input VAT)

d) VAT Returns: VAT returns are filed using the KRA’s online portal, iTax. Any VAT payable should be settled by the filing deadline.

3. WITHHOLDING TAX ON LEGAL FEES (FOR LOCAL CLIENTS)

Withholding tax may apply to legal fees earned from local clients, especially if the client is a corporate entity or another person subject to withholding tax provisions. The applicable withholding tax rates are as follows:

Corporate Clients: Withholding tax which corporate clients may charge on legal fees billed is typically 5% for payments made by corporate clients. This means the client can withhold 5% of the value of the Legal Fee and remit the same to KRA, subject to issuing the Firm with a Withholding Tax Certificate in respect to each and every such deductions. 

Individual Clients: No withholding tax is usually applied on legal fees paid by individuals unless the payment is made for specific types of legal services under other provisions.

It is the responsibility of the client to deduct and remit the withholding tax to KRA. However, the sole proprietor must ensure that the withholding tax deducted is accounted for when filing their income tax return.

4. PAY AS YOU EARN (PAYE) ON EMPLOYEES

If your law practice has employees, you are obligated to deduct PAYE from their wages or salaries and remit this tax to KRA.

a) PAYE Rates: PAYE rates are the same as the individual income tax rates. Employers are required to:

✓Deduct PAYE from the employees’ salaries

✓Remit these deductions to KRA monthly

✓File monthly PAYE returns with KRA

b) Filing and Payment: PAYE returns are due by the 9th of each month, and payment must be made by the same date.

5. STAMP DUTY

Stamp duty may be applicable in the case of legal documents executed by the sole proprietor as part of the business. Stamp duty is calculated based on the value of the transaction, such as property agreements or contracts.

For instance, if a sale or lease agreement is entered into by the law practice, stamp duty on the transaction value would apply.

6. OTHER TAX OBLIGATIONS

Import Duties and Excise Tax: If the law practice imports goods (e.g., office supplies, legal resources, etc.), it may be liable to pay import duties and excise tax.

NSSF and NHIF Contributions: If the practice has employees, it is required to make monthly contributions to the National Social Security Fund (NSSF) and National Hospital Insurance Fund (NHIF), which are statutory requirements for social security and health coverage.

CONCLUSION

Where your law practice has received substantial Legal Fees in millions of Kenya Shillings, it is critical to comply with all relevant tax obligations in Kenya. 

This includes paying income tax based on your net income, registering for and paying VAT, adhering to withholding tax requirements, filing PAYE for any employees, and fulfilling any other applicable duties such as stamp duty, NSSF, and NHIF contributions.

To ensure full compliance, it is advisable to:

1. Engage a professional tax advisor or accountant familiar with Kenyan tax laws;

2. Regularly monitor your tax filing deadlines; and

3. Keep thorough records of all business expenses, income, and tax payments.

By adhering to these tax obligations, you will avoid penalties and ensure that your law practice operates in full compliance with Kenyan tax laws.

We trust the above advice canvasses key concerns you may have regarding taxation of Sole Proper Law Practice. We remain at your service should you require any further clarification.

#TaxLaw #TaxAdvice #TaxationOfLawFirms #TaxLawFirm

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Taxlex Consulting Group - a participating consultancy within the SLS Group

Wednesday, 6 November 2024

OBTAINING ISO/IEC 17020:2012 ACCREDITATION FOR TYPE A INSPECTION BODIES

Obtaining ISO/IEC 17020:2012 Accreditation for Type A Inspection Bodies involves several steps, guided by the Kenya Accreditation Service (KENAS), the national accreditation body. 

ISO/IEC 17020:2012 specifies the requirements for the operation of various types of INSPECTION BODIES, and Type A refers to organizations that perform INDEPENDENT, THIRD-PARTY INSPECTIONS.

Below is an outline of the procedure:

1. Understand the Standard Requirements

The first step is to ensure that your inspection body meets the requirements of ISO/IEC 17020:2012. This standard outlines the general requirements for the competence of inspection bodies, the impartiality of the inspections, and their capability to provide reliable results.

Type A inspection bodies must demonstrate full independence and impartiality from clients, i.e., they should not have any conflicts of interest.

2. Prepare Your Inspection Body

Establish a Management System - Create a documented Quality Management System (QMS) that aligns with the ISO/IEC 17020:2012 standard. This system should address all the areas required by the standard, such as:

✓Competence of personnel

✓Impartiality and confidentiality

✓Control of inspection methods and equipment

✓Documentation and record-keeping

✓Continuous improvement mechanisms

Internal Audits and Review - Regularly conduct internal audits and management reviews to ensure that your inspection body is operating in accordance with the requirements.

3. Contact KENAS

Submit an Application - Submit your application to KENAS for accreditation. You will need to provide detailed information about your inspection body, such as its structure, scope of services, personnel qualifications, and a description of the inspection methods used.

Scope of Accreditation - Clearly define the scope of your accreditation. This will include the types of inspections you perform and the sectors you serve (e.g., construction, safety, quality assurance).

4. Pre-Assessment (Optional)

KENAS may offer a pre-assessment to evaluate your readiness for accreditation. This is an OPTIONAL step but can help identify areas that need improvement before the formal assessment.

5. Document Review and On-Site Assessment

KENAS will review the documentation you have submitted and will conduct an ON-SITE ASSESSMENT to verify that your inspection body meets all the requirements of the ISO/IEC 17020:2012 standard.

The on-site assessment involves evaluating the COMPETENCE of personnel, examining your FACILITIES, inspection EQUIPMENT, and reviewing your DOCUMENTED PROCEDURES.

6. Address Non-Conformities

If any non-conformities are identified during the assessment, you will be required to correct them within a specified time frame. KENAS will review your corrective actions to ensure compliance.

7. Final Decision

Once KENAS is satisfied with your inspection body’s compliance to the ISO/IEC 17020:2012 standard, they will issue the Accreditation Certificate for your inspection body.

This accreditation will allow you to officially offer accredited inspection services under the recognized international standard.

8. Surveillance and Re-Assessment

After accreditation, KENAS will conduct regular surveillance audits to ensure that your inspection body continues to meet the requirements of the standard.

ACCREDITATION is typically VALID for THREE YEARS, after which a re-assessment will be conducted.

Key Documents and Information Needed:

✓Application form for accreditation

✓Evidence of compliance with ISO/IEC 17020:2012 (e.g., QMS documents, inspection procedures, competence of staff)

✓Details of inspection methods and equipment

✓A list of services provided and their scope

Contact Information for KENAS:

KENAS: The Kenya Accreditation Service is the governing body responsible for accreditation in Kenya.

Website: www.kenas.go.ke

Phone: +254-20-4939020

By following these steps and ensuring compliance with the relevant standards and procedures, your inspection body can obtain ISO/IEC 17020:2012 Type A accreditation in Kenya.

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Lex Partners Advocates LLP is a participating Law Practice within the SLS Group. 

Friday, 1 November 2024

LESSONS FROM THE FALL OF GACHAGUA

Knowing Your Place

Gachagua struggled to grasp the true significance of his position as Deputy President of the Republic of Kenya. Holding such a high office means embodying the values of the Presidency, which is the pinnacle of our constitutional framework. Those in this role are expected to maintain a standard of decorum and conduct that is above reproach.

The Presidency symbolizes national unity and should consistently demonstrate adherence to national values and principles of public service. Integrity in both words and actions is essential, as is the ability to work harmoniously with others. The principle of collective responsibility requires that officials support approved government policies; dissenters should resign rather than undermine the administration.

Additionally, the obligations under the Official Secrets Act are crucial and often overlooked. Gachagua failed to meet these essential expectations.

Loyalty is Everything

Value loyalty above all else,” a line from Raymond Reddington, the main actor in the TV show The Blacklist, captures a vital lesson in both personal and political relationships. Betraying loyalty in pursuit of personal gain can lead to losing trusted allies. 

In politics, disloyalty can be catastrophic. If one attempts a coup and fails, the repercussions can be severe—often leading to charges of treason. 

Whether or not one is charged with treason, it’s important to remember that a government doesn’t forget. You can only surprise it once!

Humility

Humility is not a sign of inadequacy; rather, it reflects magnanimity, kindness, and politeness, regardless of one's status. It means extending an olive branch to adversaries rather than gloating in victory. Recognizing our shared humanity reminds us that privileges do not define our worth.

True humility stems from a grateful heart. Gratitude is the foundation of all virtues.