INTERMEDIATE LEVEL : PUBLIC FINANCE AND TAXATION NOTES – CPA

PUBLIC FINANCE AND TAXATION – CPA

 GENERAL OBJECTIVE

This paper is intended to equip the candidate with knowledge, skills, ethics, values 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.

12.1 LEARNING OUTCOMES

       A candidate who passes this paper should be able to:

  • Apply public financial management requirements in practice in non-complex environments
  • Implement public financial management regulations in national and county governments
  • Manage non-complex public financial management issues in public entities.
  • 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

12.1 Introduction to Public Financial Management

  • Nature and scope of public finance
  • Sources of public finance
  • Objectives of the Public Financial Management Act and Financial regulations
  • Budget process for national, county and public entities, Development plan preparation, Treasury circulars, Cashflow projections, Budget estimates and revenue raising measures.
  • Role of the National Treasury and County Treasuries with respect to the management and control of public finance.

12.2 Relationship between National and County Governments on budget and economic matters

  • The process of sharing revenue between national and county governments and among the county governments: Factors considered and formula used.
  • Division of revenue bill and county allocation of revenue bill
  • The role of the Commission on Revenue on Allocation (COR)
  • The role of the Council of Governors in county financial management
  • National Government public funds: The Consolidated Fund; The Contingency fund; The Equalisation fund and Other National Government public funds
  • County Government public funds; County Revenue Fund; County Government Emergency Funds and other county public funds
  • County government revenue sources

 

12.3 Oversight Function in Public Finance Management

  • The role of National Assembly: Responsibilities of the National Assembly budget committee in public finance matters
  • The role of Senate: Responsibilities of the Senate budget committee in public finance matters
  • The role of Parliamentary Budget Office
  • The role of Auditor General
  • The role of Internal Audit
  • Role of Controller of Budget
  • The role of public sector accounting standards board

12.4 Procurement in public entities

  • Introduction to Public Procurement and Disposal (PPD) Act
  • Procurement guidelines as envisaged by PPD Act
  • 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
  • Tendering process and selection of suppliers in public sector
  • Concept of e-procurement
    • Public Private Partnerships Arrangements
  • Rationale and justification for Public Private Partnerships
  • Establishment of Public Private Partnerships (PPP) Unit in the National Treasury
  • Contract/project agreements, guidelines and standards
  • Composition and role of PPP petition committee
  • Establishment and role of PPP project facilitation fund

12.6 Public Debt Management

  • Establishment of debt management office
  • Objectives of debt management in public sector
  • Sources of public debt in Kenya
  • Management of debts by county governments and other public entities
  • Role of cabinet secretary of the National Treasury in public debt management
  • Measures that can be adopted to reduce public debt

12.7Introduction to Taxation

  • Definition of Tax, Taxation and Types of taxes in Kenya
  • History of taxation
  • Classification of taxes ; Tax shifting and Factors that determine tax shifting
  • Principles of an optimal tax system
  • Types of tax systems; Single versus multiple tax systems
  • Purposes of taxation/ Why the government levy taxes
  • Tax evasion and tax avoidance
  • Taxable capacity
  • Budgetary and Fiscal policies
  • The Revenue Authority; Structure, Functions, Large and Medium Taxpayers Office mandate

12.8   Taxation of Income

Introduction

  • Basis of charging tax in Kenya: Section 3 of the Income Tax Act
  • Concept of residency and Criteria of taxing income in Kenya.
  • Taxable and non-taxable persons
  • Specified Sources of income
  • Incomes exempted from taxation

 

Taxation of Employment income

  • Taxable cash and non-cash benefits/rewards received from employment
  • Non taxable cash and non-cash benefits/rewards received from employment
  • Allowable deductions against employment income
  • Tax credits (withholding tax, personal and insurance relief, others)
  • Taxation of lumpsum payment for services rendered and services that would have been rendered; Gratuity, terminal dues, compensation for loss of office.
  • Operations of PAYE systems: Preparation of PAYE returns, categories of employees, multiple sources of income, irregularly paid employees, casual workers, PAYE audit and triggers
  • Other Statutory deductions (NSSF and NHIF)

All these should be illustrated with relevant computations including PAYE computations

 

Taxation of Business Income

  • Introduction to taxation of business income including criteria of taxing business income
  • Income Tax Act provisions on computation of business income
  • Allowable and disallowable business expenses and taxable business income
  • Taxable business income and tax payable computations in respect of:
  • Sole proprietorship
  • Partnerships (excluding admissions, retirement of partners and conversions)
  • Incorporated entities (excluding specialised institutions)
  • Taxation of rental income and royalties
  • Taxation of Farming income
  • Taxation of Investment income i.e. Dividend and interest income
  • Turnover tax and Minimal tax
  • Taxation of Capital gains
  • Taxation of Digital income; digital service tax and Digital service tax agents
  • Withholding Tax
    • Income subject to withholding tax (Dividends, Interest, management and profession fees, royalties)
    • Withholding Tax Rates on Residents and non-residents
    • Introduction to Double Tax Agreements and the impact on withholding tax payments.

All these should be illustrated with relevant basic computations

12.9Investment Allowances/deductions

  • Introduction to capital allowances and Rationale for capital deductions
  • Types of capital allowances; Theory and computations
  • Investment deductions: ordinary manufacturers
  • Industrial building deductions
  • Wear and tear allowances
  • Farm works deductions
  • Shipping investment deduction
  • Other deductions
  • All these should be illustrated with relevant computations

 12.10 Administration of Income Tax and Tax Procedures

  • Registration and deregistration of tax payers
  • Personal identification number: Issue, uses, cancellation of a PIN
  • Taxpayer’s tax representative: Appointment, liabilities and obligations
  • Tax Returns and Assessments: Self-assessment, Default assessment, Advance assessment, Amendment of assessments
  • Collection, recovery and refund of taxes
  • Tax Decisions, Objections, Appeals and Relief of mistakes
  • Voluntary Tax Disclosure Program
  • Administrative penalties and offences
  • Application of ICT in taxation: Practical use of iTax to file the returns

12.11 Administration of Value Added Tax (VAT)

  • Introduction to VAT, Basis of charging VAT and VAT rates
  • Rights and obligations of VAT taxable person
  • Registration and deregistration of businesses for VAT
  • 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
  • Deduction of input tax
  • Accounting for VAT and VAT records
  • Taxable and non-taxable supplies: Zero rated supplies, Exempt goods and exempt services including restriction of input tax claim.
  • Privileged persons and institutions
  • Withholding VAT and withholding VAT agents
  • VAT returns and assessments including VAT Auto Assessments
  • Remission, rebate and refund of VAT
  • Changes to be notified to the commissioner
  • Offences, fines, penalties and interest

12.12 Customs Taxes and Excise Taxes

  • Purpose of customs and excise duties
  • Imposition of customs duty
  • Customs procedure
  • Bonded warehouse and bond securities
  • Goods subject to customs control
  • Refund of duty
  • The Simba System/Integrated Customs Management System
  • Imposition of excise duty
  • Excisable goods under excise control
  • Application for excise duty (licensing), issue of licences, Suspension and Cancellation of Licences
  • Excise stamps and Excisable goods management system
  • Refund of excise duty
  • Excise duty returns and payments
  • Offences and penalties

12.13 Miscellaneous fees and levies

  • Export levy
  • Import Declaration fee (IDF)
  • Railway Development Levy (RDL)
  • Stamp duty
  • Catering levy
  • Motor vehicle advance tax
  • Betting, Lotteries & Gaming taxes

Reference Materials

  1. East African Community Customs Management Act, 2004 (Revised Edition 2017)
  2. Excise Duty Act No. 23 Of 2015 Revised Edition 2017 [2015]
  3. Income Tax Act Revised Edition 2018
  4. The Public Finance Management Act, 2012
  5. Tax Procedures Act of 2015,Revised Edition 2018
  6. Value Added Tax Act of 2013 Revised Edition 2018

 

 

 

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