VALUE-ADDED TAX (VAT) IN KENYA:

Last reviewed – 26 February 2025

Overview

VAT is levied under the VAT Act, Cap 476, and regulated by the VAT Regulations, 2017. It applies to value addition and follows an input-output mechanism.

VAT Rates in Kenya

Category VAT Rate
Standard-rated supplies
16%
Zero-rated supplies
0%
Exempt supplies
No VAT applied

VAT Registration

Requirement Details
Mandatory Registration
Businesses with taxable supplies exceeding KES 5 million in 12 months.
Voluntary Registration
Businesses below the threshold can apply if they meet set conditions.
Non-residents (Digital Services)
Required to register regardless of turnover if supplying services via electronic networks or digital marketplaces.

Input Tax Deduction & Compliance

  • Input VAT can be deducted within six months of the tax period when the supply or importation occurred.
  • From 1 July 2023, input tax recovery requires suppliers to declare sales invoices in their VAT return.

Key Updates from Tax Laws (Amendment) Act, 2024 (TLAA)

Change Description
Time of Supply (Exports)
Tax point now occurs when export documents are available.
Input Tax Apportionment
Removed the 90:10 formula, which allowed full deduction if exempt supplies were below 10%.
Business Transfer Exemption
VAT-exempt status granted to the transfer of a business as a going concern.

VAT on Digital Marketplace Supplies (Non-Resident Suppliers)

Requirement Details
Applicable Law
VAT (Electronic, Internet & Digital Marketplace Supply) Regulations, 2023.
Tax Rate
16% (Standard VAT rate).
Definition of Digital Marketplace
An online platform enabling users to sell goods or provide services.
Registration for VAT
Required for non-residents supplying taxable digital services in B2C (from April 2021) and B2B (from July 2022) transactions.
VAT Payment & Filing
Monthly VAT returns due by the 20th of each month.

Examples of Taxable Digital Services

 

  • Downloadable digital content
  • E-books, subscription-based media
  • Software programs & cloud storage
  • Distance teaching and online courses

 

For a comprehensive list of taxable digital services, please contact Quartet Solutions.