See Tax Matters I here and Tax Matters 2 here.

Notes You Should Take on Rental Income Taxation

Dear Landlords, Landladies and faithful tenants. This affects you. First, you'll need to note that Rental income is taxable under Section 3(2) (a) (iii) of the Income Tax Act, Cap 470 Laws of Kenya. In addition, rent on non-residential buildings (Commercial) is also taxable under Section 5 and 6 VAT Act Cap 476. All rent, premium or any other consideration for use or occupation of property is taxable.

As for the taxation rates, they are dependent on whether the taxable person is an individual or corporate entity and whether they are resident or non-resident.

For resident individuals, the annual tax rates (on total annual income including
net rent income) are as follows;
On the first Kshs. 121,968 .......................10%
On the next Kshs. 114,912 ...................... 15%
On the next Kshs. 114,912 .................... 20%
On the next Kshs. 114,912 .....................25%
On all income over Kshs. 466,704.........30%

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Let’s have Matakwei as our Landlord. He owns a flat in Shika Adabu Estate  that has 16 units. These Units had been occupied for the whole year, 2011 with each tenant submitting KES 6,000 as rent each month.

However matakwei’s total annual expenses were:-

Land rates…………………………………….KES 7,000

Property Insurance………………………KES 15,000

Agent fees……………………………………KES 10,000

Repairs…………………………………………KES 10,000

School Fees………………………………….KES 30,000

Loan Interest……………………………….KES 40,000

Electricity…………………………………….KES 20,000

Calculating Matakwei’s Gross rent income thus: -

16 Units × KES 6,000 × 12 Months = KES 1,152,000

Matakwei’s total allowable expenses will be:-

Land rates…………………………………….KES 7,000

Property Insurance………………………KES 15,000

Agent fees……………………………………KES 10,000

Repairs…………………………………………KES 10,000

Loan Interest……………………………….KES 40,000

Electricity…………………………………….KES 20,000

Total                                                    KES 102, 000

Thus Matakwei’s Net Taxable Income is KES 1,152,000 less KES 102, 000= KES 1,050,000

Assuming that he doesn’t have any other incomes, Matakwei’s tax for the year 2011 would be

Taxable annual net rent income for the year - KES 1,050,000

The first KES 121,968 @ 10% = KES 12,197

The next KES 114,912 @ 15% = KES 17,237

The next KES114, 912 @ 20% = KES 22,982

The next KES 114,912 @ 25% = KES 28,728

The balance KES 583,296@ 30% = KES 174,989

Thus Matakwei’s Total tax Payable is KES 256, 133

Minus a Personal tax relief of KES 13,944

Net tax payable 242, 189

KRA will thus demand to get KES 242, 189 from Matakwei.

Resident companies will have their net annual income together with other incomes, if any, taxed at the flat rate of 30%. For non-resident companies (for tax purpose) there is only withholding tax @ 30% on gross rent and which then is a final tax, they are not allowed to claim any expenses.

For partnerships, only a single rent declaration is submitted but the partners will be taxed on their respective shares of the rent income. The net rent income (supported by rent schedules) accruing to the estate of deceased landlords is chargeable at resident corporate tax rate of 30%. VAT on non-residential Rent(Commercial rent) This is charged at 16% as it is not exempted by the 3rd Schedule of The VAT Act.