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Kenyan Tribunal Bars KRA From Withholding VAT Credits During Tax Disputes, Easing Cash Flow Strain

  • Kenya’s Tax Appeals Tribunal has ruled that the Kenya Revenue Authority (KRA) cannot use Debit Adjustment Vouchers (DAVs) to deny VAT credits during ongoing tax disputes.
  • The decision prevents KRA from imposing additional costs or recovering taxes before a final decision is made, offering relief to companies facing cash flow disruptions.
  • The Tribunal found that issuing DAVs during an objection process is premature and unlawful, and administrative system limitations do not justify illegal practices.
  • The ruling is especially significant for businesses in sectors reliant on VAT credits for working capital, such as manufacturing, agriculture, and exports.
  • The decision reinforces that tax enforcement should only occur after a tax liability is final and due, not during ongoing disputes.

Source: the-star.co.ke

Note that this post was (partially) written with the help of AI. It is always useful to review the original source material, and where needed to obtain (local) advice from a specialist.



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