Larkspur Properties Ltd v Commissioner of Investigations & Enforcement (Income Tax Appeal E018 of 2020) [2021] KEHC 178 (KLR) (Commercial and Tax) (15 October 2021) (Judgment)
- Court
- High Court of Kenya
- Case number
- 178
- Citation
- [2021] KEHC 178 (KLR)
- Decided
- 15 October 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeIncome Tax AppealPostureAppeal from Tax Appeals TribunalCoramMW MUIGAI
Holding
Withholding tax on deemed interest is due and owing to the Respondent by the Appellant. Mr. Jackson was non-resident for tax purposes for the period of tax review.
Facts
Larkspur Properties Ltd received a loan from Mr. Jonathan Jackson, a non-resident, and the Commissioner of Investigations & Enforcement (Income Tax) assessed and demanded Withholding Tax on deemed interest. The Appellant appealed the Tribunal's decision.
Issues
- Whether Withholding Tax on deemed interest is due and owing to the Respondent by the Appellant.
- Whether Mr. Jackson was resident or non-resident for tax purposes for the period of tax review.
Reasoning
The Tribunal's finding that Withholding Tax on deemed interest is due upon repayment of the loan is upheld. However, the Appellant's argument that Withholding tax is due upon payment of the loan is rejected.
Outcome
Appeal dismissed
Orders
- Withholding tax on deemed interest due and owing to the Respondent by the Appellant.
- Mr. Jackson was non-resident for tax purposes for the period of tax review.
Authorities cited
Legislation (2)
- Income Tax Act
- Stamp Duty Act
Cases cited (2)
- Primarosa Flowers Limited v Commissioner of Income Tax
- Crest Overseas Holdings Ltd v Kenya Revenue Authority
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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