FAQs
What is input tax deduction?
It is the right of a VAT-registered business to claim back the VAT paid on purchases and imports, as long as those purchases are used to make taxable supplies.
Who is eligible to claim input tax?
Only VAT-registered businesses can claim input tax deductions.
What are the main conditions for input tax deduction?
- You must be VAT-registered.
- The purchase must be for business use in making taxable supplies.
- You must hold a valid electronic tax invoice or customs entry.
- The buyers PIN must be indicated in the electronic tax invoice
- The tax invoice must have been transmitted to KRA
- The seller has declared the sales invoice in their VAT return
- The deduction must be claimed within 6 months from the date of the supply or importation.
What documents are required to support an input tax claim?
- A valid tax invoice from a VAT-registered supplier.
- Import declaration and customs documents (for imports).
- Relevant credit/debit notes where applicable.
Are all purchases eligible for input tax deduction?
No. Input tax cannot be claimed on:
- Purchases not related to the business.
- Purchases in relation to exempt sales.
- Certain restricted items, e.g. passenger cars for personal use and entertainment expenses, unless provided in the ordinary course of the business.
Can input tax be deducted on both local and imported goods/services?
Yes, as long as the VAT was paid and the goods/services are used for taxable business purposes.
What happens if purchases are used for both business and personal purposes?
Only the business-use portion of VAT can be claimed as input tax.
Can input tax be carried forward?
Yes. If input tax is higher than output tax in a tax period, the excess can be carried forward to the next period.
Can input tax be refunded?
Yes. If input tax is higher than output tax in a tax period as a result of making zero-rated sales or VAT withheld by appointed tax withholding agents, the taxpayer can apply for a refund. The refund application should be done within 12 months from when the tax became due and payable.
What has been the Tax Compliance Certificate (TCC) requirements?
For many years, the Tax Compliance Certificate (TCC) issued by KRA was based on a taxpayer’s compliance with filing tax returns and settling all taxes due.
What change has KRA introduced regarding the issuance of a TCC?
KRA has enhanced the Tax Compliance Certificate (TCC) application process by introducing an additional requirement.
Taxpayers who earn income other than employment income are now required to be registered on TIMS/eTIMS before a TCC can be issued.
Is there a legal basis for the additional requirement?
Yes. This is provided for under Section 72(2) of the Tax Procedures Act, Cap 469B.
“The Commissioner may issue a Tax Compliance Certificate, which shall be valid for the period specified in the certificate, upon the applicant fulfilling conditions that the Commissioner may impose.”
The Tax Procedures Act was amended in 2023 to require any person carrying on a business to issue electronic tax invoices through the system established by the Commissioner.
Electronic invoicing is therefore a statutory compliance requirement for all businesses.
When does this change take effect?
The change takes effect immediately.
It applies only to persons who earn business income and have not complied with the legal requirement on electronic invoicing.
How does this change benefit compliant businesses?
Compliance offers several benefits to businesses and the wider economy, including:
- Timely and efficient service delivery by KRA.
- Improved access to new opportunities and business growth.
- A fair business environment and a level playing field.
- Enhanced business credibility and reputation, fostering trust with partners.
- Contribution to civic duty and national development.
Does this change apply to individuals with ONLY employment income seeking to apply for a TCC?
No. The additional requirement to be registered on TIMS/eTIMS before a Tax Compliance Certificate can be issued applies only to persons who earn income other than employment income.
What are the conditions for obtaining a TCC?
To qualify for issuance of a Tax Compliance Certificate, a taxpayer must:
- Be registered and compliant with TIMS/eTIMS where applicable.
- File all applicable tax returns on or before the due date.
- Pay all taxes on or before the due date.
- Settle any outstanding tax liabilities or have an approved payment plan in place.
- Be compliant with VAT requirements, including VAT Special Table status where applicable.
What happens to TCCs issued before this change?
All previously issued Tax Compliance Certificates remain valid for taxpayers who are compliant with the eTIMS requirement.
Taxpayers who hold valid TCCs but are not yet compliant with eTIMS will be given a limited window to comply before any enforcement measures are initiated.
Who is required to register on eTIMS?
All persons carrying on a business in Kenya are required to be registered on TIMS/eTIMS.
For this purpose, persons in business include:
- Non-individual entities such as body corporates, associations, partnerships, foundations, trusts, joint ventures, and similar entities.
- Individuals who earn income other than employment income.
Income required to be declared through TIMS/eTIMS includes:
- Annual income from any form of business, as categorised in the annual return, for both resident and non-resident entities and individuals with a permanent establishment.
- Income earned by taxpayers registered under the following tax obligations:
- Value Added Tax (VAT)
- Monthly Rental Income (MRI)
- Turnover Tax (TOT)
- Excise Duty
- Income earned by persons carrying out business activities across various sectors, including the inform
How can I register for eTIMS?
For more information on registering and using TIMS/eTIMS, refer to the resources below:
How do persons/ businesses exempted from eTIMS apply for a TCC?
KRA will facilitate taxpayers to apply for a Tax Compliance Certificate at their respective Tax Service Offices (TSOs).
Information on business expenses that are exempt from the requirement to be supported by an eTIMS invoice is available on the KRA website:
