P.A.Y.E. & WITHHOLDING TAX END OF YEAR RETURNS FOR 2011

P.A.Y.E. End of year returns used to be submitted as was required under rule 13 of the Income Tax (P.A.Y.E.) (Amendment) rules. This rule 13 was deleted through legal notice number 84 of 10th June 2010.

However, KRA has by now not clarified whether or not after submitting online or quarterly return should still submit end of year returns. In order to assist KRA’s reconciliation exercises and for compliance purpose, we recommend that the following documents which comprise PAYE End of year returns should be submitted to the relevant Domestic Taxes office on or before 28th February 2012.

(A)     P.A.Y.E. END OF YEAR RETURNS

1.  Tax Deduction Cards

Ø Form P9A -  Tax Deduction cards for all Company Directors and Employees.

Ø Form P9(Hosp) – Tax Deduction cards for all home ownerships savings plan cases.

Ø Form P9B – Tax Deduction cards where employer bears PAYE burden.

2.      Form P10 – Summary of PAYE paid each month during the year. If you are exempted from submitting Nil form P11 a nil form P10 must still be submitted.

3.      Form P10A – Supporting list for end of year certificate.

4.      Form P10B – End of year return for Fringe Benefit Tax.

5.      Photostat copies of all the paying-in-credits slips (P11s) for the year.

Note: Give employees the certificates copies of P9A and P9(HOSP)

If your organisation has no employee/s subject to PAYE, an application to the Kenya Revenue Authority (KRA) should be made to absolve the company/organisation from filing the returns in future.

Where an organisation has several branches Kenya Revenue Authority (KRA) expects a consolidated return to be submitted.

(B) WITHHOLDING TAX END OF YEAR RETURN

Withholding tax end of year returns are required to be submitted on the following payments:

Ø Insurance and Brokerage Commissions paid to resident individuals (Forms W40, W41, W42, W43 and W44);

Ø Consultancy, Agency or Contractual fees (Forms W8F, W9F and W10F) and

Ø Rent Paid to non-resident persons (Form W12)

FAILURE to submit the above returns by 28th February 2012 may result in penalties being imposed by Kenya Revenue Authority (KRA).

Should you require further information or assistance, you may contact our office.