Tax 101: Misconceptions on the Withdrawal of the Finance Bill and Its Implications on Kenya’s Appropriations.
Category: Fiscal PolicyTaxation
By: Leo Kipkogei Kemboi,
There has been a misconception that when the Finance Bill 2024 was formally withdrawn, all government operations would stop because revenues would not be raised. To understand this misconception, we need to understand what a finance bill is, what revenue-raising measures are, and how that is related to the tax code.
A Finance bill is an omnibus legislation that amends several legislations together, while a tax code is the comprehensive set of laws and regulations that govern taxation in Kenya.[1] In other words, a Finance bill can modify the tax code, but it is not the tax code itself.
The distinction between a Finance Bill and a Tax Code
A finance bill is an omnibus legislation that amends several pieces of legislation. In the Kenyan context, a Finance Bill is a legislative proposal that outlines changes to various tax and revenue-related laws. It’s typically introduced annually alongside the appropriations bill. The Finance Bill’s primary purpose is to implement the government’s fiscal policies and revenue-generating measures for the upcoming fiscal year. The Finance Bill proposes amendments to existing tax laws, such as the Income Tax Act, Value Added Tax Act, Excise Duty Act, and others. These amendments might include adjustments to tax rates and brackets, new taxes or levies, modification of deductions, exemptions, and tax credits, and changes to tax administration procedures. The Bill also outlines measures by the Kenya Revenue Authority to enhance revenue collection. This could involve strengthening tax enforcement mechanisms, introducing new tax compliance requirements, and streamlining tax payment processes.[2] The Finance Bill undergoes a legislative process, including publication and public participation, where the draft bill is published, and public comments and input are solicited. The Bill is then introduced in Parliament and is subject to debate, amendments, and eventual approval. Once Parliament passes, the President must assent to the Finance Bill for it to become law. The Finance Bill has been a big part of shaping Kenya’s tax landscape and influencing the business environment, investment decisions, and citizens’ financial obligations.
The existence of a finance bill has been responsible for Kenya’s taxation system not being optimal because it is varied annually, making it erratic and unpredictable, which violates the principles of an efficient and optimal tax system.[3] The omnibus finance bill makes it challenging to satisfy the stringent public participation conditions set out in the Constitution of Kenya 2010. This has led to the finance bill being set aside several times.[4] [5] The Finance Bill 2024 was entirely withdrawn after protests to reject the finance bill. [6]
The tax code is the comprehensive set of laws and regulations that govern taxation in Kenya. It outlines the rights and responsibilities of the general public regarding taxes, specifying how taxes are levied, collected, and administered. At the heart of this code is the Constitution of Kenya 2010, which lays down the fundamental principles of taxation.[7] The Constitution grants the power to set tax rates and rules to the Members of Parliament, limiting the national government’s taxing authority to income tax, value-added tax, customs duties, and excise tax. It enforces transparency and accountability by requiring public disclosure and justification for tax waivers. Kenya’s tax code is structured around four key sets of legislation. Some laws define specific tax rates, such as the Income Tax Act, Value Added Tax Act, and Excise Duty Act. Secondly, another set of laws outlines exemptions from these taxes. The third set focuses on the administrative aspects of taxation, establishing the institutional framework, processes, and procedures for tax administration. This includes legislation like the Kenya Revenue Authority Act and the Tax Procedures Act. Finally, subsidiary legislation, such as the Excise Duty Regulations, provides further details and operational guidelines for implementing the primary tax laws.
Conclusion
Therefore, the withdrawal of the Finance Bill 2024, while significant from a legislative standpoint, does not translate to a standstill in government operations. As enshrined in the previous year’s Finance Act and other relevant legislation, the existing tax laws remain operative, ensuring the government’s continued capacity to collect revenue and fulfil its financial obligations. The misconception that a withdrawn Finance Bill equates to a halt in government functions underscores the importance of understanding the distinction between a bill, which proposes amendments, and the tax code itself, which remains in effect until explicitly repealed or amended.
________________________________________________________________________________________
End Notes
[1] Kemboi, Leo Kipkogei, and Jackline Kagume. “Political Economy Analysis of Taxation Policy in Kenya-IEA Kenya.” (2024). https://ieakenya.or.ke/download/political-economy-analysis-of-taxation-policy-in-kenya/
[2] The Finance Bill serves as a tool for the government to implement its broader fiscal policies. For instance, it might introduce taxes or tax incentives to promote specific industries or economic activities or adjust tax provisions to address social equity concerns.
[3] Kemboi, Leo Kipkogei. “Policy Reforms on Process of Varying National Tax Code: Making the Submission and Consideration of the Finance Bill Conditional.” Available at IEA Kenya https://ieakenya.or.ke/blog/policy-reforms-on-process-of-varying-national-tax-code-making-the-submission-and-consideration-of-the-finance-bill-conditional/ (2022).
[4] Miriri, Duncan, and Humphrey Malalo. Kenyan Court Nullifies 2023 Finance Law in New Blow to President Ruto. 31 July 2024, www.reuters.com/world/africa/kenyan-court-nullifies-2023-finance-law-new-blow-president-ruto-2024-07-31/.
[5] Anami, Luke. “Motorists, Top Earners Win as Finance Act 2023 Falls.” Business Daily, Business Daily, Aug. 2024, www.businessdailyafrica.com/bd/economy/motorists-top-earners-win-as-finance-act-2023-falls-4709398.
[6] “President Ruto Declines to Sign Finance Bill, Calls for Its Withdrawal.” The Official Website of the President of the Republic of Kenya, 2024, www.president.go.ke/president-ruto-declines-to-sign-finance-bill-calls-for-its-withdrawal/.
[7] Kemboi, Leo Kipkogei. “Key Political Economy Issues of Kenya’s Taxation System.” IEA Kenya, 5 May 2024, ieakenya.or.ke/blog/key-political-economy-issues-of-kenyas-taxation-system/.
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Tax 101: Misconceptions on the Withdrawal of the Finance Bill and Its Implications on Kenya’s Appropriations.
| Post date: Thu, Aug 15, 2024 |
| Category: Fiscal PolicyTaxation |
| By: Leo Kipkogei Kemboi, |
There has been a misconception that when the Finance Bill 2024 was formally withdrawn, all government operations would stop because revenues would not be raised. To understand this misconception, we need to understand what a finance bill is, what revenue-raising measures are, and how that is related to the tax code.
A Finance bill is an omnibus legislation that amends several legislations together, while a tax code is the comprehensive set of laws and regulations that govern taxation in Kenya.[1] In other words, a Finance bill can modify the tax code, but it is not the tax code itself.
The distinction between a Finance Bill and a Tax Code
A finance bill is an omnibus legislation that amends several pieces of legislation. In the Kenyan context, a Finance Bill is a legislative proposal that outlines changes to various tax and revenue-related laws. It’s typically introduced annually alongside the appropriations bill. The Finance Bill’s primary purpose is to implement the government’s fiscal policies and revenue-generating measures for the upcoming fiscal year. The Finance Bill proposes amendments to existing tax laws, such as the Income Tax Act, Value Added Tax Act, Excise Duty Act, and others. These amendments might include adjustments to tax rates and brackets, new taxes or levies, modification of deductions, exemptions, and tax credits, and changes to tax administration procedures. The Bill also outlines measures by the Kenya Revenue Authority to enhance revenue collection. This could involve strengthening tax enforcement mechanisms, introducing new tax compliance requirements, and streamlining tax payment processes.[2] The Finance Bill undergoes a legislative process, including publication and public participation, where the draft bill is published, and public comments and input are solicited. The Bill is then introduced in Parliament and is subject to debate, amendments, and eventual approval. Once Parliament passes, the President must assent to the Finance Bill for it to become law. The Finance Bill has been a big part of shaping Kenya’s tax landscape and influencing the business environment, investment decisions, and citizens’ financial obligations.
The existence of a finance bill has been responsible for Kenya’s taxation system not being optimal because it is varied annually, making it erratic and unpredictable, which violates the principles of an efficient and optimal tax system.[3] The omnibus finance bill makes it challenging to satisfy the stringent public participation conditions set out in the Constitution of Kenya 2010. This has led to the finance bill being set aside several times.[4] [5] The Finance Bill 2024 was entirely withdrawn after protests to reject the finance bill. [6]
The tax code is the comprehensive set of laws and regulations that govern taxation in Kenya. It outlines the rights and responsibilities of the general public regarding taxes, specifying how taxes are levied, collected, and administered. At the heart of this code is the Constitution of Kenya 2010, which lays down the fundamental principles of taxation.[7] The Constitution grants the power to set tax rates and rules to the Members of Parliament, limiting the national government’s taxing authority to income tax, value-added tax, customs duties, and excise tax. It enforces transparency and accountability by requiring public disclosure and justification for tax waivers. Kenya’s tax code is structured around four key sets of legislation. Some laws define specific tax rates, such as the Income Tax Act, Value Added Tax Act, and Excise Duty Act. Secondly, another set of laws outlines exemptions from these taxes. The third set focuses on the administrative aspects of taxation, establishing the institutional framework, processes, and procedures for tax administration. This includes legislation like the Kenya Revenue Authority Act and the Tax Procedures Act. Finally, subsidiary legislation, such as the Excise Duty Regulations, provides further details and operational guidelines for implementing the primary tax laws.
Conclusion
Therefore, the withdrawal of the Finance Bill 2024, while significant from a legislative standpoint, does not translate to a standstill in government operations. As enshrined in the previous year’s Finance Act and other relevant legislation, the existing tax laws remain operative, ensuring the government’s continued capacity to collect revenue and fulfil its financial obligations. The misconception that a withdrawn Finance Bill equates to a halt in government functions underscores the importance of understanding the distinction between a bill, which proposes amendments, and the tax code itself, which remains in effect until explicitly repealed or amended.
________________________________________________________________________________________
End Notes
[1] Kemboi, Leo Kipkogei, and Jackline Kagume. “Political Economy Analysis of Taxation Policy in Kenya-IEA Kenya.” (2024). https://ieakenya.or.ke/download/political-economy-analysis-of-taxation-policy-in-kenya/
[2] The Finance Bill serves as a tool for the government to implement its broader fiscal policies. For instance, it might introduce taxes or tax incentives to promote specific industries or economic activities or adjust tax provisions to address social equity concerns.
[3] Kemboi, Leo Kipkogei. “Policy Reforms on Process of Varying National Tax Code: Making the Submission and Consideration of the Finance Bill Conditional.” Available at IEA Kenya https://ieakenya.or.ke/blog/policy-reforms-on-process-of-varying-national-tax-code-making-the-submission-and-consideration-of-the-finance-bill-conditional/ (2022).
[4] Miriri, Duncan, and Humphrey Malalo. Kenyan Court Nullifies 2023 Finance Law in New Blow to President Ruto. 31 July 2024, www.reuters.com/world/africa/kenyan-court-nullifies-2023-finance-law-new-blow-president-ruto-2024-07-31/.
[5] Anami, Luke. “Motorists, Top Earners Win as Finance Act 2023 Falls.” Business Daily, Business Daily, Aug. 2024, www.businessdailyafrica.com/bd/economy/motorists-top-earners-win-as-finance-act-2023-falls-4709398.
[6] “President Ruto Declines to Sign Finance Bill, Calls for Its Withdrawal.” The Official Website of the President of the Republic of Kenya, 2024, www.president.go.ke/president-ruto-declines-to-sign-finance-bill-calls-for-its-withdrawal/.
[7] Kemboi, Leo Kipkogei. “Key Political Economy Issues of Kenya’s Taxation System.” IEA Kenya, 5 May 2024, ieakenya.or.ke/blog/key-political-economy-issues-of-kenyas-taxation-system/.
More Blogs
The Grounds to Repeal the Price Control Act of 2011
The Price Control Act of 2011, with its imposition of price ceilings on essential goods, represents a significant intervention in the natural forces of supply and demand that govern a free market. The Act empowers the Minister to control the prices of essential goods, preventing them from becoming unaffordable. The Act outlines a specific mechanism […]
Why is Kenya’s Fiscal Consolidation Agenda Facing Failure?
The earliest proposition of fiscal consolidation can be traced back to the Keynesian theory which argues that fiscal austerity measures reduce growth and increases unemployment through aggregate demand effects. According to this theory, government undertaking contractionary fiscal policies of either reducing government spending or increasing tax rates, will eventually suffer a reduction in aggregate demand […]
Is Monetary Policy Too Tight?
We recommended (“And then, Floods”) that the Central Bank of Kenya policy rate should be lowered by 300 basis points, from 13 to 10 percent, from August 6. Instead, a reduction of just 25 basis points, from 13 to 12¾, was made on that date. Someone is wrong. Who? In explaining the 25bp decision, it […]
The Constitutional Argument on Why Fiscally Decentralized Resources Cannot Be Shared Based on Population Alone?
1. Introduction Fiscal decentralisation is a core part of Kenya’s Constitutional order. Fiscal decentralisation is allocating revenue and expenditure responsibilities to lower levels of government. Kenya’s identity as a sovereign republic, as stated in Article 4 of its Constitution, is deeply intertwined with the national value of devolution, emphasised in Article 10. This unique relationship […]
Constitutional Theory of Public Goods: A Perspective on Constitution of Kenya 2010.
Introduction The Constitutional Theory of Public Goods argues that people decide which goods are public goods at a constitutional level. This decision is based on how much their enjoyment of the good depends on others also enjoying it (Marmolo 1999).i The theory suggests that the government should provide public goods where there is significant demand […]