Tax dispute resolution mechanism

​​You have been appointed as a tax advisor to a contractor involved in infrastructure projects for a County Government. The contractor has recently received conflicting tax assessment from both the Revenue Authority relating to withholding tax and County Government relating to contractual service levy. The contractor believes the charges are duplicative and not grounded in clear provisions. The delays in resolving the dispute have stalled payments and strained the contractor’s cash flows. 

​ ​ ​ ​ ​ ​​Patrick Ouma has not been filing his income tax returns for the last three years of operation. He recently received a notice of assessment from the commissioner of taxes showing taxable income of Sh.180,000 and Sh.460,000 for the years ended 31 December 2023 and 31 December 2024 respectively.

​​An “out of court tax dispute resolution” has proven to be a practical and efficient method of resolving tax disputes across various sectors from corporate to individual levels and recently has been the most preferred method of resolving tax disputes. However, it faces limitations in respect to tax disputes it can handle hence reducing the options available to taxpayers in the process of having their tax disputes addressed. 

​​Britany PLC is a medium-sized manufacturing company operating in Kenya, engaged in the production of cosmetic products. In year 2023, the Revenue Authority conducted an audit and issued a tax assessment, alleging that the company had underreported its income and owed an additional Sh.18 million in taxes, penalties and interest. 

​​The revenue authority is mandated to actively investigate potential violations of the tax laws and regulations and related financial frauds and schemes. 

​Explain THREE benefits emanating from the recent changes in Tax Dispute Resolution Mechanisms on taxpayer adherence to regulations and the efficiency of administrative processes in Kenya.

​​In a tax dispute resolution mechanism workshop, one of the facilitators noted that, “there is need for establishing a specialised tax court within the country to handle tax appeals from the Tax Appeals Tribunal”. Justify the above statement, citing THREE benefits that could be derived from establishing a specialised tax court.

​​Alternative Dispute Resolution (ADR) methods are utilised by revenue authorities to resolve and expedite tax related disputes on a timely basis. While ADR mechanisms present many advantages, they also face certain challenges when applied to tax matters. 

​ ​​Analyse FOUR roles of an arbiter in a tax alternative dispute resolution (ADR) process.

During the period between 1 July 2015 and 30 June 2020, Chris Alexo earned income of Sh.18,000,000 which he did not declare to the revenue authority. The tax thereon amounted to Sh.6,000,000 with penalties and interest of Sh.1,500,000 and Sh.600,000 respectively. In the year 2021, Chris Alexo applied for relief under the voluntary tax disclosure programme (VTDP) and the approval was done in August the same year. He thereafter paid Sh.3,000,000 to offset the tax due. During the year ended 31 December 2022, Chris Alexo settled Sh.1,500,000 of the principal tax but accrued further penalties of Sh.250,000 and interest of Sh.100,000. He estimates that he can only pay Sh.1,000,000 during the year 2023. This will result into additional penalties and interest of Sh.100,000 and Sh.60,000 respectively. 

​(i) A tax agent is an important stakeholder in the Alternative Dispute Resolution (ADR) process. Analyse the roles of a tax agent in relation to the ADR process. 

​In one of the recent tax cases decided by the Tax Appeals Tribunal, the Tribunal allowed an application for extension to file an appeal out of time. 

​ ​ ​​The following facts relating to a hypothetical tax case in your country have been presented to you. The case related to the applicability of withholding tax on interest accrued in the audited books of a taxpayer.

​​All tax disputes can be resolved through alternative dispute resolution (ADR) with some exceptions. 

​​Explain the meaning of “alternative dispute resolution”.

​​Alternative Dispute Resolution (ADR) is a method of handling tax disputes outside the Judicial process. All applications for ADR should go through a suitability test before the application is submitted for ADR. 

As economies continue to recover from the impact of the COVID-19 pandemic, tax collection in many countries continues to face challenges. This trend has resulted in some revenue authorities resorting to some drastic measures to boost tax revenue. 

​​The following information relates to Majani Ltd: 

​​Discuss four benefits that could accrue to parties involved in a tax dispute through the use of Alternative Dispute Resolution (ADR) in your country.