Kenya Tax Alert Issue No.5 of 2020
Withholding Value Added (VAT) Tax Refunds Withholding VAT was reintroduced through the Finance Act, 2014 and over the years its scope has been significantly widened through the appointment of various agents who have been required to withhold VAT when settling supplier debts. Until the changes implemented under the Finance Act 2019,
6% out of the 16% (now 14%) VAT was required to be withheld by such agents (which dropped to 2% under the Finance Act, 2019). A number of taxpayers ended up with growing VAT credits as a result of such withholding VAT, particularly those taxpayers whose supplies were a combination of zero-rated and standard rated products. The VAT legislation however made no provisions for the refund of the credits related to such withheld VAT.