Polpane Properties Limited v Commissioner Of Investigation & Enforcement (Income Tax Appeal E020 of 2020) [2021] KEHC 179 (KLR) (Commercial and Tax) (29 October 2021) (Judgment)
- Court
- High Court of Kenya
- Case number
- 179
- Citation
- [2021] KEHC 179 (KLR)
- Decided
- 29 October 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeIncome Tax AppealPostureAppeal from a Tax Appeals TribunalCoramMW MUIGAI
Holding
Interest deemed does not apply on the interest free loan of Kshs. 27, 794, 910 which was advanced to the appellant by one of its director Jonathan Jackson.
Facts
Polpane Properties Limited advanced a loan of Kshs. 27, 794, 910 to its director, Mr. Jonathan Jackson, who is a resident of Kenya. The Commissioner of Investigation & Enforcement (Income Tax) assessed and demanded Withholding Tax on deemed interest on the loan.
Issues
- whether interest deemed applies on the interest free loan of Kshs. 27, 794, 910 which was advanced to the appellant by one of its director Jonathan Jackson.
- whether interest deemed applies on the interest free loan of Kshs. 27, 794, 910 which was advanced to the appellant by one of its director Jonathan Jackson.
Reasoning
The court found that the Withholding Tax on deemed interest is due upon repayment of the loan, not payment.
Outcome
Appeal dismissed
Orders
- Withholding tax on deemed interest due and owing to the Respondent by the Appellant
- Mr Jonathan Jackson was non-resident for tax purposes for the period of tax review.
Authorities cited
Legislation (3)
- Income Tax Act
- Section 16(2) (j) of the income tax act
- Section 2 of the Income Tax Act
Cases cited (1)
- Primarosa Flowers Limited –v- Commissioner of Income Tax [2017] eKLR
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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