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Kenyan High Court rules minimum tax is unconstitutional

KENYA’S High Court shot down a plan to levy a minimum tax of 1 percent on total sales, saying it was unconstitutional.

The tax, which was due to take effect at the start of 2021, is now annulled, Judge George Odunga ruled on Monday. ‘It results in diminishing capital for those making losses, while for those making profits the capital base is unaffected,’ he said.

Business owners who challenged the new tax in court said it was ‘unconstitutional, unlawful and devastating.’ The measure could have raise about KSh21bn ($190 million) for the Treasury annually, according to lawmakers. It was meant to ensure companies that perennially report losses also contribute to government programmes, they said.



David HerblingBloomberg

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