• Income that is taxed elsewhere as in the case of property dealers.


• Issuance by a company of its own shares and debentures.


• Transfer of property for the purpose only of securing a debt or a loan.


• Transfer by a creditor for the purpose only of returning property used as security for a debt or a loan.


• Transfer by a personal representative of any property to a person as beneficiary in the course of the administration of the estate of a deceased person.


• Transfer of assets between spouses or between former spouses as part of a divorce settlement or a bona fide separation agreement;


• Transfer of assets to immediate family or to a company where spouses or a spouse and immediate family hold 100% shareholding;


• A gain on transfer of securities traded on any securities exchange licensed by the Capital Markets Authority


• A private residence if the individual owner has occupied the residence continuously for the three-year period immediately prior to the transfer concerned subject to the provisos under Paragraph 36(c) of the First Schedule to the Income Tax Act, Cap 470.


• Property (being land) transferred by an individual where the transfer value is not more than three million shillings


• Property (being land) transferred by an individual is an agricultural property having an area of less than fifty acres where that property is situated outside a municipality, gazetted township or an area that is declared by the Minister, by notice in the Gazette, to be an urban area for the purposes of this Act


• Property (including investment shares) which is transferred or sold for the purpose of administering the estate of a deceased person where the transfer or sale is completed within two years of the death of the deceased or within such extended time as the Commissioner may allow in writing. Where there is a court case regarding such estate, the period of transfer or sale under this paragraph shall be two years from the date of the finalization of such court case.


• Property, including investment shares, which is transferred or sold for the purpose of transferring the title or the proceeds into a registered family trust.


• The transfer of title of immovable property to a family trust.

A transfer of property that is necessitated by a transaction involving the incorporation, recapitalization, acquisition, amalgamation, separation, dissolution or similar restructuring of a corporate entity, where such transfer is—

• a legal or regulatory requirement;


• as a result of a directive or compulsory acquisition by the government;


• an internal restructuring within a group which does not involve transfer of property to a third party; or


• in the public interest and approved by the Cabinet Secretary.