Paper 12

PUBLIC FINANCE AND TAXATION

This paper is intended to equip the candidate with knowledge, skills and attitudes that will enable him/her to apply public financial management principles, implement public financial management regulations at middle management levels and to prepare non-complex tax computations for individuals and corporates.

On completion, a candidate should be able to

Apply public financial management requirements in practice in non-complex environments in both the public and private sectors
Compute taxes for various individuals and entities
Apply the written taxation laws in addressing various tax issues
File tax returns
Undertake non-complex tax reviews.

Content

1
Introduction to Public Financial Management
1. 1.1
  Nature and scope of public finance
2. 1.2
  Sources of public finance
3. 1.3
  Objectives of the Public Financial Management Act and Financial regulations
4. 1.4
  Budget process for national, county and public entities, Development plan preparation, Treasury circulars, Cash flow projections, Budget estimates and revenue raising measures.
5. 1.5
  Role of the National Treasury and County Treasuries with respect to the management and control of public finance.
2
Relationship between National and County Governments on budget and economic matters
1. 2.1
  The process of sharing revenue between national and county governments and among the county governments: Factors considered and formula used
2. 2.2
  Division of revenue bill and county allocation of revenue bill
3. 2.3
  The role of the Commission on Revenue on Allocation (COR)
4. 2.4
  The role of the Council of Governors in county financial management
5. 2.5
  National Government public funds: The Consolidated Fund; The Contingency fund; The Equalisation fund and Other National Government public funds
6. 2.6
  County Government public funds; County Revenue Fund; County Government Emergency Funds and other county public funds
7. 2.7
  County government revenue sources.
3
Oversight Function in Public Finance Management
1. 3.1
  The role of National Assembly: Responsibilities of the National Assembly budget committee in public finance matters
2. 3.2
  The role of Senate: Responsibilities of the Senate budget committee in public finance matters
3. 3.3
  The role of Parliamentary Budget Office
4. 3.4
  The role of Auditor General
5. 3.5
  The role of Internal Audit
6. 3.6
  Role of Controller of Budget
7. 3.7
  The role of public sector accounting standards board
4
Procurement in public entities
1. 4.1
  Introduction to Public Procurement and Disposal (PPD) Act
2. 4.2
  Procurement guidelines as envisaged by PPD Act
3. 4.3
  Procurement process by National, County and other public entities: The role of the National Treasury, Public Procurement Regulatory Authority and Public Procurement Administrative Review Board
4. 4.4
  Tendering process and selection of suppliers in public sector
5. 4.5
  Concept of e-procurement
5
Public Private Partnerships Arrangements
1. 5.1
  Rationale and justification for Public Private Partnerships
2. 5.2
  Establishment of Public Private Partnerships (PPP) Unit in the National Treasury
3. 5.3
  Contract/project agreements, guidelines and standards
4. 5.4
  Composition and role of PPP petition committee
5. 5.5
  Establishment and role of PPP project facilitation fund
6
Public Debt Management
1. 6.1
  Establishment of debt management office
2. 6.2
  Objectives of debt management in public sector
3. 6.3
  Sources of public debt in Kenya
4. 6.4
  Management of debts by county governments and other public entities
5. 6.5
  Role of the Cabinet Secretary of the National Treasury in public debt management
6. 6.6
  Measures that can be adopted to reduce public debt
7
Introduction to Taxation
1. 7.1
  Definition of Tax, Taxation and Types of taxes in Kenya
2. 7.2
  History of taxation
3. 7.3
  Classification of taxes; Tax shifting and Factors that determine tax shifting
4. 7.4
  Principles of an optimal tax system
5. 7.5
  Types of tax systems; Single versus multiple tax systems
6. 7.6
  Purposes of taxation/Why the government levy taxes
7. 7.7
  Tax evasion and tax avoidance
8. 7.8
  Taxable capacity
9. 7.9
  Budgetary and Fiscal policies
10. 7.10
  The Revenue Authority; Structure, Functions, Large and Medium Taxpayers Office mandate
8
Taxation of Income
1. 8.1
  Introduction
  1. 8.1.1
    Basis of charging tax in Kenya: Section 3 of the Income Tax Act
  2. 8.1.2
    Concept of residency and Criteria of taxing income in Kenya.
  3. 8.1.3
    Taxable and non-taxable persons
  4. 8.1.4
    Specified Sources of income
  5. 8.1.5
    Incomes exempted from taxation
2. 8.2
  Taxation of Employment income
  1. 8.2.1
    Taxable cash and non-cash benefits/rewards received from employment
  2. 8.2.2
    Non-taxable cash and non-cash benefits/rewards received from employment
  3. 8.2.3
    Allowable deductions against employment income
  4. 8.2.4
    Tax credits (withholding tax, personal and insurance relief, others)
  5. 8.2.5
    Taxation of lumpsum payment for services rendered and services that would have been rendered; Gratuity, terminal dues, compensation for loss of office.
  6. 8.2.6
    Operations of PAYE systems: Preparation of PAYE returns, categories of employees, multiple sources of income, irregularly paid employees, casual workers, PAYE audit and triggers
  7. 8.2.7
    Other Statutory deductions (NSSF and NHIF)
  8. 8.2.8
    All these should be illustrated with relevant computations including PAYE computations
3. 8.3
  Taxation of Business Income
  1. 8.3.1
    Introduction to taxation of business income including criteria of taxing business income
  2. 8.3.2
    Income Tax Act provisions on computation of business income
  3. 8.3.3
    Allowable and disallowable business expenses and taxable business income
  4. 8.3.4
    Taxable business income and tax payable computations in respect of:
    1. 8.3.4.1
      Sole proprietorship
    2. 8.3.4.2
      Partnerships (excluding admissions, retirement of partners and conversions)
    3. 8.3.4.3
      Incorporated entities (excluding specialised institutions)
4. 8.4
  Taxation of rental income and royalties
5. 8.5
  Taxation of Farming income
6. 8.6
  Taxation of Investment income (Dividend and interest income)
7. 8.7
  Turnover tax and Minimal tax
8. 8.8
  Taxation of Capital gains
9. 8.9
  Taxation of Digital income; digital service tax and Digital service tax agents
10. 8.10
  Withholding Tax
  1. 8.10.1
    Income subject to withholding tax (Dividends, Interest, management and profession fees, royalties)
  2. 8.10.2
    Withholding Tax Rates on Residents and non-residents
  3. 8.10.3
    Introduction to Double Tax Agreements and the impact on withholding tax payments All the above should be illustrated with relevant basic computations.
9
Investment Allowances/deductions
1. 9.1
  Introduction to capital allowances and Rationale for capital deductions
2. 9.2
  Types of capital allowances; Theory and computations
3. 9.3
  Investment deductions; Ordinary manufacturers
4. 9.4
  Industrial building deductions
5. 9.5
  Wear and tear allowances
6. 9.6
  Farm works deductions
7. 9.7
  Shipping investment deduction
8. 9.8
  Other deductions All the above should be illustrated with relevant computations
10
Administration of Income Tax and Tax Procedures
1. 10.1
  Registration and deregistration of tax payers
2. 10.2
  Personal identification number: Issue, uses, cancellation of a PIN
3. 10.3
  Taxpayer's tax representative: Appointment, liabilities and obligations
4. 10.4
  Tax Returns and Assessments: Self-assessment, Default assessment, Advance assessment, Amendment of assessments
5. 10.5
  Collection, recovery and refund of taxes
6. 10.6
  Tax Decisions, Objections, Appeals and Relief of mistakes
7. 10.7
  Voluntary Tax Disclosure Program
8. 10.8
  Administrative penalties and offences
9. 10.9
  Application of ICT in taxation: Practical use of iTax to file the returns
11
Administration of Value Added Tax (VAT)
1. 11.1
  Introduction to VAT, Basis of charging VAT and VAT rates
2. 11.2
  Rights and obligations of VAT taxable person
3. 11.3
  Registration and deregistration of businesses for VAT
4. 11.4
  Key terms in VAT: Input tax, Output tax, Supply, Time of supply/Tax point and Taxable value of a supply/Value for VAT supported with relevant calculations
5. 11.5
  Deduction of input tax
6. 11.6
  Accounting for VAT and VAT records
7. 11.7
  Taxable and non-taxable supplies: Zero rated supplies, Exempt goods and exempt services including restriction of input tax claim.
8. 11.8
  Privileged persons and institutions
9. 11.9
  Withholding VAT and withholding VAT agents
10. 11.10
  VAT returns and assessments including VAT Auto Assessments
11. 11.11
  Remission, rebate and refund of VAT
12. 11.12
  Changes to be notified to the commissioner
13. 11.13
  Offences, fines, penalties and interest
12
Customs Taxes and Excise Taxes
1. 12.1
  Purpose of customs and excise duties
2. 12.2
  Imposition of customs duty
3. 12.3
  Customs procedure
4. 12.4
  Bonded warehouse and bond securities
5. 12.5
  Goods subject to customs control
6. 12.6
  Refund of duty
7. 12.7
  The Simba System/Integrated Customs Management System
8. 12.8
  Imposition of excise duty
9. 12.9
  Excisable goods under excise control
10. 12.10
  Application for excise duty (licensing), issue of licences, Suspension and Cancellation of Licences
11. 12.11
  Excise stamps and Excisable goods management system
12. 12.12
  Refund of excise duty
13. 12.13
  Excise duty returns and payments
14. 12.14
  Offences and penalties
13
Miscellaneous fees and levies
1. 13.1
  Export levy
2. 13.2
  Import Declaration fee (IDF)
3. 13.3
  Railway Development Levy (RDL)
4. 13.4
  Stamp duty
5. 13.5
  Catering levy
6. 13.6
  Motor vehicle advance tax
7. 13.7
  Betting, Lotteries & Gaming taxes