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Precursor Executive Classroom

Lecture 53 Β· A registry stamped the papers four days late, and KRA tried to triple the tax to KSh417 million.

𝑻𝒉𝒆 π‘ͺ𝒂𝒔𝒆 π‘Ήπ’π’π’Ž: Rupen Haria sold shares and paid capital gains tax at 5% on 30 December, but the registry stamped the papers on 4 January, after the rate rose to 15%. The High Court held the transfer happened on the sale date, and a registry's delay cannot apply a new rate backwards.

By The Precursor Editorial Team, Tax and financial judgement Β· 3 min read,
Lecture 53 Β· A registry stamped the papers four days late, and KRA tried to triple the tax to KSh417 million.

Illustration: Precursor

You sell shares and pay capital gains tax at the rate in force on the day of the sale. A government registry takes a few days to stamp the transfer, and by the time it does, a new year has begun and the rate has tripled. The tax office bills you at the new rate.

Put yourself in the seller's chair. Does the date an office happens to stamp your papers decide the tax, or does the date you actually sold?

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The Precursor Editorial Team

Precursor is published by the FinTech Association of Kenya and exercises independent editorial judgement under the Editorial Independence Charter. This article is labelled Precursor Executive Classroom, which marks commercial material. Knowledge on Tax and financial judgement.

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