ICPAK Tax Training. Topical Tax Issues and Corporate Tax Crimes. 29 January CPA Robert Waruiru

Similar documents
Corporate Tax Crimes. Martin Gitau 24 June 2016

ICPAK Tax Workshop. Employee Taxation. Withholding tax. 24 January /27/2014 1

Robert Waruiru, Tax Director, KPMG Advisory Services Ltd. Thursday, 25 th October 2018

Taxation vs Borrowing for Revenue Generation

Tax Planning & Tax Risk Management. Martin Gitau 23 June 2016

INCOME TAX POLICY Looking Ahead

Withholding Tax (WHT) Presentation by: Robert Waruiru Associate Director, KPMG Advisory Services Limited CPA-K April 2018

CPA Esther Wahome. Thursday, 16 August 2018

CONVERGENCE OF TAX TRENDS IN THE EAC

Withholding Tax Training for NPOs Presentation by:

Expanding the Tax Base in Kenya: A Case for Innovation

Headline Verdana Bold International Tax matters ICPAU Tax Seminar, Hotel Africana November, 2017

Fully Understand R&D Collaboration and Associated Company Implications

Taxation of cross-border mergers and acquisitions

Amendments That Encourage Compliance with the Tax Law and Enhance the Tax Department's Enforcement Ability

Tax Dispute Resolution Mechanism Presentation by: Stanley Ngundi Tax Manager, Ernst and Young LLP.

ICPAK s Tax Management for PBOs Workshop

Transfer Pricing for Africa - roundtable discussion. Transfer Pricing Special Event September 22, 2016

Taxation of cross-border mergers and acquisitions

BEPS nears the finish line. The inevitable BEPS changes are close to the final stages of implementation.

Taxation of cross-border mergers and acquisitions

Taxation of cross-border mergers and acquisitions

Global Transfer Pricing Review kpmg.com/gtps

Taxation of cross-border mergers and acquisitions

Transfer Pricing An East African Perspective

Tax regime vs business & development

PKF Taxation Services Ltd. Emerging International Tax Trends

Tax Seminar: Transfer Pricing A Customs Perspective. Peter Caxton Kinuthia Director, Tax Services KPMG Kenya. 30 April 2015

Taxation of Public Benefit Organizations. Uphold public interest

TOPIC: Value Added Tax. PRESENTER: John Gikima

Serbia Country Profile

AFRICAN TAX ADMINISTRATION FORUM (ATAF)

ICPAK Annual Tax Conference

INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS OF KENYA. The Accountants Act No.15 of 2008

The Irish GAAR 2015 Tax Nerd Version

Navigating the IPT maze. Neil Smith KPMG In the UK

Practical issues with regard to business operations and investment in Myanmar. June 2015

Global Transfer Pricing Review

International Taxation Recent Developments in India

KPMG Japan Tax Newsletter

TAX PLANNING 11 Th March, 2017

General Comments. Action 6 on Treaty Abuse reads as follows:

LAUNCH OF THE EXAMINATION INTO THE OPERATIONS OF THE DEPARTMENT OF PENSIONS PRESENTED BY THE DIRECTOR/CEO KACC. 21 st March 2007

INCOME TAX POLICY UPDATES

Global Transfer Pricing Review

SMU-TA Centre for Excellence in Taxation Inaugural Conference Tax Structures using Branches and Hybrid Entities Moving with the times

The OECD report on base erosion and profit shifting (BEPS) and EU measures against aggressive tax planning and tax fraud

KPMG Japan tax newsletter

Macau SAR Tax Profile

Global Transfer Pricing Review

ADMINISTRATION OF JUSTICE Homework Exam Review WHITE COLLAR CRIME NAME: PERIOD: ROW:

Global Transfer Pricing Review

Sweden Country Profile

European Commission publishes Anti Tax Avoidance Package

Update on Current Issues and Trends

Investment in Lao PDR

Tax Alert Tax Procedures Act 2015

KPMG Japan tax newsletter

Taxation of cross-border mergers and acquisitions

Funds Management. Tax and Regulatory Issues. March KPMG.com/in

Penalties; situs of violations; penalty disposition.

International Tax Kenya Highlights 2019

International Tax - Europe & Africa Newsletter

Tax Procedures Act Grant Thornton International Ltd. All rights reserved.

New Zealand to implement wide ranging international tax reforms

2014 Latin America Tax Summit

Taxation of cross-border mergers and acquisitions

Trends in Indian Tax Policy: Practitioner's perspective

IAS 12 Corporation Tax Presentation by: Mbiki Kamanjiri Manager, Tax Consulting Grant Thornton

Taxation of NGOs Presentation by:

Tax Obstacles in Cross Border Planning

Papua New Guinea Tax Profile

Setting up your Business in Thailand Issues to consider

Tax principles workshop : The Building blocks of a sound tax system

Taxation of cross-border mergers and acquisitions Denmark

ISO 9001:2008 CERTIFIED TAX AMNESTY ON RENTAL INCOME WHAT YOU NEED TO KNOW

KPMG Japan Tax Newsletter

Investing in Myanmar. July kpmg.com/mm

TAXATION OF EMPLOYEE EMOLUMENTS AND WITHHOLDING TAX OBLIGATIONS Presentation by: Mary Weru. Uphold public interest

Slovenia Country Profile

MBAYA AND ASSOCIATES August 2017 Issue 026 Volume 3 Issue 013 Volume 2

Criminal tax law: UK corporate criminal offence (CCO)

GLOBAL INDIRECT TAX. Venezuela. Country VAT/GST Essentials. kpmg.com TAX

KPMG Japan tax newsletter

AUSTRALIAN BUDGET

ICPAK Tax Principles Workshop. 22 February 2016

Contents. Overview of integrity measures Multinational (MNE) anti-avoidance provision... 2

Slovakia Country Profile

Taxation of cross-border mergers and acquisitions Norway

Tax Card With effect from 1 January 2016 Lithuania. KPMG Baltics, UAB. kpmg.com/lt

Tax Incentives Under itax and Recent Changes and Emerging Issues. Presentation by:

Tax Seminar 2015 Know the rules, know your way ahead. December 15, 2015

Goods and Services Tax in India Current Update

Lithuania Country Profile

FATCA Service Offerings

Tax Avoidance in Thailand

State Implications of Federal Tax Reform. National Conference of State Legislatures January 2018

IBFD 1st AFRICA TAX SYMPOSIUM

Croatia Country Profile

South Korea Tax Profile Produced in conjunction with the KPMG Asia Pacific Tax Centre

Transcription:

ICPAK Tax Training Topical Tax Issues and Corporate Tax Crimes 29 January 2015 CPA Robert Waruiru 30/01/2015

Topical Tax Matters

Presentation Overview Topical tax matters Tax crimes -Why do tax payers evade tax? - Corporate Tax Crimes - Examples Conclusion 2 2

Topical Tax Matters Largely driven by changes in legislation Global trends: - Base Erosion and Profit Shifting - ATAF and collaboration - Increasing M&A and focus on emerging markets Judicial pronouncements - definition of Paid The Fintel case, 2014 DTA s Mauritius, SA, UAE? 2014 KPMG Kenya. KPMG Kenya, a Kenyan partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International, a Swiss cooperative. 30/01/2015 3

Topical Tax Matters Introduction of Dependent Agent PE concept Taxation of gains on farm out business income: - Tax stability clauses? - Tax paid PSAs? - Impact of global oil crash? Taxation of PSSs? Thin cap for PSSs - 2:1 2014 KPMG Kenya. KPMG Kenya, a Kenyan partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International, a Swiss cooperative. 30/01/2015 4

Topical Tax Matters Sec 41 Limitation of Benefit clause Sec 54B change of particulars notification Tax loss carry forward Wholly and exclusively used test? CGT? 2014 KPMG Kenya. KPMG Kenya, a Kenyan partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International, a Swiss cooperative. 30/01/2015 5

Topical Tax Matters Export of services Accounting for RVAT Exemptions - Para 29 and 30 6% WHVAT? Test of substance and dominant purpose 2014 KPMG Kenya. KPMG Kenya, a Kenyan partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International, a Swiss cooperative. 30/01/2015 6

Introduction IFRS brings tax out of the back room - TAXING MATTERS - A company's tax policy, traditionally a mere technical issue, is increasingly viewed as a strategic matter FT 14 July 7 7

Corporate tax crimes A crime is an act committed or omitted for which punishment is imposed upon conviction Tax crimes are therefore acts or omissions that are in violation of tax laws and regulations 8 8

He who alleges Whether a tax crime charge will be filed is dependent upon the amount of admissible evidence against the taxpayer, NOT dependent upon the amount involved! 9 9

Why do taxpayers evade tax? Lack of effective tax planning measures Inadequate knowledge of taxation Unrealistic tax regimes (perceived?) Inefficient tax authorities Lack of self discipline Payback (perceived?) 10 10

Tax evasion schemes Willful failure to file return Willful failure to collect or pay over WHT Preparing false tax returns Making false statements to revenue bodies Making false claims 11 11

Tax evasion schemes Deliberately underreporting /omitting income Keeping two sets of books Aiding and abetting in the preparation of false documents Conspiracy to impede or defeat the collection of tax 12 12

Tax evasion schemes Inflated personal/ business expenses Using business funds for personal expenses Paying employees in cash and not remitting statutory deductions 13 13

Tax evasion schemes Creation of huge provisions of specific bad debts Transferring unreported income to tax havens Creation of tax losses and abuse of their roll over 14 14

What is KRA doing? KRA is watching with eyes wide open Commissioner s discretionary powers gradually being taken away Ministry of Finance involvement on tax matters strengthened Loopholes in tax laws being sealed- W/VAT, ETR, Upfront payment of duties 15

What is KRA doing? cont d Regular KRA audits Information Technology Personal Identification Number (PIN) Integrated Tax Management System (itax) 16 16

Legislative provisions Anti tax avoidance legislation Sec 23 Transactions designed to avoid tax liability Sec 24 Shortfall distribution of dividends Sec 61 Dominant purpose 17 17

Legislative provisions cont d Sec 18(5) Expenses of a branch paid to head office Transfer Pricing Rules To regulate transfer prices Section 16(2) and Section 4(a) Thin capitalization 18 18

19 19

Caveat The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavor to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future. No one should act on such information without appropriate professional advice after a thorough examination of the particular situation. 20 20

2015 KPMG Kenya, a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (KPMG International), a Swiss entity. All The KPMG name, logo and cutting through complexity are registered trademarks or trademarks of KPMG International Cooperative (KPMG International).