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Offences & Penalties

Tax offences can attract punitive penalties and interest. These include:

Offence- Failure to deduct PAYE, account for it or to submit a certificate upon request.

Penalty ? Whichever is greater of, 25% of the amount of the tax involved or Ksh. 10,000.

Offence - Failure to deduct or remit Withholding Tax.

Penalty - 10% of the amount of the tax involved, up to a maximum of Kshs. 1 million.

Offence - failure to remit Excise Duty or VAT.

Penalty - whichever is greater of, 5% of the amount of the tax due or Ksh. 10,000.

Offence ? Failure to pay tax on due date.

Penalty - 20% of tax involved is charged.

Offence - Failure to file annual returns by the due date.

Penalty - Additional tax equal to 5% of the normal tax, or Ksh. 10,000 in for Non-Individual Taxpayers.