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Tax

Tax

Taxation affects us all. Notwithstanding the popular appeal of tax simplification, there is nothing simple about tax regimes whether in Kenya, East Africa, or around the COMESA region.

As tax lawyers, we aim to provide clear and creative tax advice to our clients for their transactions and tax controversies, and with respect to tax legislation and administration.

In transactional matters, our strength is assisting our clients in weighing complex and often competing legal, tax, and financial accounting considerations so that our clients make informed decisions about whether to engage in a particular transaction. Once a client decides to proceed, we advise on the structure and review the transactional documents to ensure that the agreed-upon structure is in place.

To meet the challenge of double taxation, we are constantly developing new ways to structure transactions in order to minimize entity-level tax, generate tax benefits, or defer taxable gains.

If you would like to find out more about what Tax legal services can be offered by our law firm to you or your business, please contact us on +254 20 2100 999 or email us at solutions@clay-law.com for a free initial chat about any Tax legal issue.

Tax Law Services

Corporate Tax Advisers

Corporate transactions are likely to have a tax angle. Whether that be tax efficient structuring and exit planning, identifying tax efficient opportunities or assisting with mergers, acquisitions and tax due diligence.

You may also need accurately drafted and negotiated tax warranties and indemnities to ensure they are suitable for your transaction – we can help you with this.

As your tax lawyers, we will also be on hand to provide general corporate tax and reorganisational advice with VAT and stamp taxes advice, where necessary.

Employment Tax

Working with you as an employer, contractor or as a worker, our tax lawyers will provide tax structuring advice and/or tax efficient drafting covering a wide range of areas including:

  • termination packages
  • settlement agreements
  • remuneration packages (including those using employee benefit trusts both Kenya and offshore)
  • consultancy agreements.

International Tax Planning

You will need to consider two concepts, residence and domicile. Residence is largely based on the time spent by an individual in or outside of Kenya. The reasons for leaving/coming to Kenya and the duration of each visit also need to be taken into account.

An individual’s domicile is less fluid. This will usually be the place where you are born or, if you move to another country and intend to remain there indefinitely/permanently you can, in certain circumstances, replace your domicile of origin for a domicile of choice.

Getting to grips with these complicated concepts can be a little daunting. As your tax lawyers, we will work with you to understand where you are resident and domiciled for Kenyan tax purposes and then provide essential tax planning advice.

Real Estate Tax Planning

Property transactions are often tax driven. Our tax lawyers can help mitigate tax by providing first hand property tax advice. This includes advising on Stamp Duty Tax, Capital Gains Tax, reliefs for capital allowances, irrecoverable VAT, and deductions for finance costs.

We can work with you to understand your business and then make recommendations on how to structure acquisitions and disposals tax efficiently.

At Clay & Associates Advocates we continuously monitor changes and proposed changes to the law so that we are ready to advise clients accordingly. Advice around your current holding structure, and the best options available going forward need to be considered.

Count On Us

We all share the same common goals – to deliver legal advice of the highest quality that is clear and easy-to-understand for our clients and meets their specific needs at competitive rates (including fixed fees wherever possible to deliver value for money and budget certainty).

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WORKING HOURS
Mon- Fri: 7.00 am – 7.00 pm
Sat: 9.00 am - 12.00 pm

Our Tax Law Services

Areas of Focus

Our tax law expertise includes the following:

  • Compliance and disclosure.
  • Contentious tax law matters, including in relation to cross-border assets and offshore trusts.
  • Advice to private individuals including those with an international connection in relation to their Kenyan tax position, often involving the interaction of business and personal affairs.
  • Mediation between taxpayers and the Kenya Revenue Authority.
  • Advice and representation for clients undergoing investigation.
  • Tax planning and advice related to business property and share transfers, and corporate restructuring.
  • Negotiating and drafting documents dealing with tax risk.
  • Tax advice and drafting relating to financing arrangements.
Tax Dispute Resolution

The technical expertise within our team, our procedural knowledge of the tax system, and our ability to negotiate settlements with the tax authorities will ensure that tax disputes are handled and resolved effectively. We will work with you to achieve a solution to your best advantage.

Our tax lawyers are specialists in handling Kenya Revenue Authority investigations, tax disputes and enquiries. We have the knowledge and expertise to act and represent businesses and personal clients, in particular where there is disagreement as to interpretation of the law.

CONTACT CLAY & ASSOCIATES ADVOCATESCall us today, e-mail us or leave a message.

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Clay & Associates Advocates is registered as a law firm under the Laws of Kenya. Our professional indemnity insurer is Britam General Insurance Company Limited and is in respect of the firm’s practice. Calls may be recorded for quality and training purposes.

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