Ibero Kenya Limited v Commissioner of Domestic Taxes (Tax Appeal 172 of 2015) [2021] KETAT 46 (KLR) (5 February 2021) (Judgment)
- Court
- Tax Appeals Tribunal
- Case number
- 46
- Citation
- [2021] KETAT 46 (KLR)
- Decided
- 5 February 2021
AI Summary
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TypeTax AppealPostureAppeal from a tax assessmentCoramPATRICK LUTTA, HELEN BILA MWAI MBUTHIA, ELISHAH NJERU FARAH BILLOH
Holding
The Tribunal finds that the loans are interest-free and the Appellant is liable to pay Withholding Tax as deemed interest.
Facts
The Appellant is a coffee company that received loans from a related party, BRIC. The Respondent, the tax authority, assessed the Appellant for Withholding Tax on deemed interest on these loans.
Issues
- Whether the loans advanced by BRIC to the Appellant are interest free and therefore chargeable to Withholding Tax under Section 35(1) (ii) (e) of the income Tax Act
Reasoning
The Tribunal relies on the Appellant's financial statements stating the loans were interest-free and the Respondent's argument that the invoices from BRIC for service charges were introduced after the audit.
Outcome
The Appellant is ordered to pay deemed interest and the Respondent is given credit for the amount paid.
Orders
- The loans advanced by BRIC to the Appellant are interest free and Income Tax Act for the period audited.
- The Respondent do give the Appellant credit in the sum of Kshs.2,119,333.00 paid by the Appellant to the Respondent in March 2014.
Authorities cited
Legislation (1)
- Income Tax Act
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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