FAQs

How Many New Subheadings Have Been Introduced In Hs 2022?

  • Three Hundred and seventy (370)

How Many Subheadings Have Been Deleted?

  • One hundred and forty-five (145)

What Are The New Categories Of Goods Appearing For The First Time In Hs 2022?

  • Electronic cigarettes
  • Drones
  • Microbial fats

What Is The Heading Applicable For Electronic Cigarettes And The Liquids Used With Electronic Cigarettes?

  • Electronic cigarettes: 8542
  • The Liquids used with electronic cigarettes: 2404

 

What Is The Heading Applicable For Drones Under The Hs 2022?

  • Heading 88.06

What Is A Tariff Ruling?

This is a tariff classification decision by the commissioner of customs. It is a written communication from the commissioner to the taxpayer/importer specifying a Harmonised Systems Code applicable for specified goods.

What Is an Advance Ruling?

This is a ruling issued under section 248 (A) of the East African Community Customs Management Act.

 

What Is The Validity Of an Advance Ruling?

The advance ruling is valid for a period of twelve months from the date of issuance.

What is an Appeal?

This is a contestation by any person on any decision of the commissioner or his/her representative undertaken in line with the provisions of East African Community Customs Management Act.

Under Which Section Of The Customs Law Are The Appeals Provided?

Section 229

What is a Valid Appeal?

Valid appeal shall be lodged in writing within thirty days of the date of the decision or omission lodge an application for review of that decision or omission and shall clearly state the grounds of appeal.

This appeal shall satisfy requirements of section 229 (1), (2), (3), (4), (5) and (6)

What Should a Person Dissatisfied with Commissioner’s Decisions Under Section 229 Do?

The person shall lodge an appeal at the Tax Appeals Tribunal as prescribed under section 230.

What Is The Time Period for Lodging Appeal at The Tax Appeals Tribunal (TAT)?

The appeal shall be lodged within forty-five days after being served with the decision, and shall serve a copy of the appeal on the Commissioner.

23) Who is going to account for B2B and B2C transactions relating to VAT DMS?

The non-resident supplier of digital services will account for VAT on all transactions.

24) Will registered VAT taxpayers claim the input tax charged in the absence of a valid tax invoice as provided for by the VAT (Electronic Tax Invoice) Regulations , 2020?

Yes. The registered taxpayer in Kenya will claim the input tax so charged in line with section 17 of the VAT Act provided that the non-resident supplier has issued an invoice or receipt showing the value and the tax of the supply so charged.

25) Is extension of time to comply with the Finance Act 2022 amendments on VAT on electronic services allowed?

No transitional period has been provided under the law in order for one to comply with the Finance Act 2022 amendments

26) Will Withholding VAT put the taxpayers in a perpetual credit position?

WHT VAT is only at 2%, which is quite modest and in most cases would not put the taxpayer in a perpetual credit cycle.

27) Do the VAT(DMS) regulations exempt the non-resident digital service suppliers/providers from the provisions of the Electronic Tax Invoice Regulations, 2020?

Yes. The non-residents are exempted from the provisions within the Electronic Tax Invoice Regulations, 2020 as part of the simplified registration, filing and payment framework.

What is the African Continental Free Trade Area Agreement, (AfCFTA)?

The African Continental Free Trade Area, (AfCFTA) was established in 2018 as one of the flagship projects of the African Union Agenda 2063 with the main mandate to create a single continental market of 55 Member States of the African Union.

 

When did the African Continental Free Trade Agreement, (AfCFTA) officially come into force?

Trade under the AfCFTA agreement entered into force on 30th May 2019, 30 days after 22 countries had deposited their instruments of ratification. On 1st January 2021, Africa officially started trading under the African Continental Free Trade Area (AfCFTA) Agreement. The agreement covers trade in goods, trade in services, investment, intellectual property rights and competition policy as well as digital trade, mainstreaming of women and youth and an adjustment fund.