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Tax planning

Unit: Advanced Taxation

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August 2025

2 Questions
Question 4a
​​During a tax seminar on “mitigating tax exposures”, the key note speaker observed that tax risk management plays a critical role in the development of tax planning strategies for an organisation. 

Required: 
 (i) Summarise FOUR ways that a tax professional could use to quantify tax risk in an organisation. 

(ii) Evaluate FOUR roles of tax risk management in the development of tax planning strategies of an organisation.


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Question 4c
​ ​ ​​Robert Mwema is a senior software engineer at Steel Ltd. and has provided the following details for the year ended 31 December 2024: 

  1. His gross monthly salary is Sh.250,000 which includes a house allowance Sh.70,000 per annum. 
  2. He owns 15% shares in Innovatech Ltd., a private consulting company where he receives annual dividend of Sh.600,000. 
  3. He resides in a house he purchased through a personal loan of Sh.1,500,000 obtained from a bank on 1 September 2023 at an interest rate of 14% per annum repayable over 8 years. 
  4. He contributes Sh.18,000 per month to a Sacco investment account towards his retirement. 
  5. He has taken a ten-year education insurance policy where he contributes Sh.3,500 per month for his two children’s university education. 
  6. Robert Mwema has invested Sh.6,000,000 in a fixed deposit account and 15-year government infrastructure bond on equal basis both earning an annual interest at the rate of 12%. 
  7. He also owns a rental apartment, which generates monthly rental income of Sh.80,000 but incurs annual maintenance expenses of Sh.120,000 and county land rates of Sh.24,000. 
Required: 
Advise Robert Mwema on tax planning strategies that he could implement to optimise his tax position and legally minimise his annual tax liability from the information provided above. 

Support your argument with relevant computations where necessary.


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April 2025

3 Questions
Question 3a
​ ​​Afri Reach Ltd. is a multinational company registered in Kenya and it has its headquarters in Nairobi. In order to take advantage of investment opportunities arising from the recent treaties within East Africa region, the company intends to open a branch in Tanzania and a subsidiary company in Rwanda (Afri Reach Rwanda). 

Required: 
As a tax consultant, you are required to advise the management of Afri Reach (Kenya) on the following: 

(i) Taxation of the income of the branch in Tanzania and the subsidiary company in Rwanda.

(ii) THREE methods that the company could use to adjust the transfer prices in arriving at taxable income in Kenya. 

(iii) THREE requirements to be met in order to qualify for double taxation relief in Kenya.


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Question 5b
​​Analyse FOUR reasons for the introduction of tax anti-avoidance provisions despite tax avoidance being a legal activity.


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Question 2a
​​Analyse THREE tax planning avenues available to importers of goods in your country.


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December 2024

2 Questions
Question 3a
​​Government provides various tax incentives to both individuals and entities with the intention of achieving various tax policy objectives. Analyse TWO tax incentives provided by the government to encourage home ownership in your country.


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Question 4a
​​(i) Explain the term “treaty shopping” as used in taxation. 

(ii) Evaluate THREE obstacles that the government in your country could encounter when dealing with multinational corporations engaging in treaty shopping to undermine government efforts in maximising tax revenue.


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August 2024

1 Questions
Question 1b
​​Explain THREE tax planning strategies that corporations could use to maximise tax benefits when they dispose of business operations in Kenya.


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April 2024

4 Questions
Question 2b
​​Describe FOUR strategies employed by multinational corporations in mitigating complex tax risks during corporate restructuring across multiple jurisdictions.


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Question 3a
​​Explain THREE tax reforms aimed at promoting investment and economic growth while ensuring fairness and equity in taxation in your country.


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Question 4a
​​In a tax master class, one of the facilitators noted that “Before accepting a new client in a taxation assignment, tax practitioners should consider whether acceptance of that particular engagement would create any threat to compliance with the requisite fundamental principles”. 

In relation to the above statement, propose FOUR factors that a tax practitioner should consider in evaluating new clients before acceptance of a new tax assignment.


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Question 4b
​ ​ ​​John Pritt, a citizen of Rwanda has received two job offers in Kenya for which he has approached you to advise on which job offer to accept. 

Job offer A: 
John Pritt would be employed as a finance officer with African Airway Ltd., a regional airline with its head office in Kenya. The offer provided for the following: 
  1. Basic salary of Sh.130,000 per month to be increased semi-annually by 10%. 
  2. A monthly bonus of 5% of the basic salary to be paid on the ninth day of the following month. 
  3. Fuel allowance of Sh.10 per kilometer where he is estimated to be covering 10,000 kilometers in a year, three quarters of which will be on official duties. 
  4. He will be provided with free return air ticket worth Sh.16,000 for each travel on 30 June and 31 December each year to visit his family in Rwanda. 
  5. The company will provide him with a house whose market rental value is Sh.30,000 per month. 
  6. The employer will deduct Sh.5,000 per month as rent. The house will be fully furnished at a cost of Sh.480,000. 
Job offer B. 
John Pritt would be employed as an accountant by Watts Ltd. The offer provides for: 
  1. Basic salary of Sh.145,000 per month and an allowance of Sh.5,000 per month for attending finance committee meetings. 
  2. An annual allowance of Sh.150,000 for the purchase of office attire in line with the company’s dress code. 
  3. A provision for sending him to their Uganda office on a one month per year job rotation. He will be sent to Uganda in November every year and he will receive his monthly pay as usual. During that month he will attend the finance committee meeting as planned in Kenya, as the company will facilitate him with a return air ticket. 
  4. He will be provided with a saloon car costing Sh.2,800,000 of 3000 cc. 
  5. The company will cater for his night watchman’s monthly salary of Sh.18,000. His monthly water bills and electricity bills will also be paid by the company. 
Required: 
(i) Evaluate the two job offers and advise John Pritt on which job offer to accept based on net annual income using the tax rates for the year 2023 as provided in the tax table. 

(ii) Advise John Pritt on FOUR conditions that one is required to meet in order to qualify for double taxation relief in Kenya or your country.


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August 2023

3 Questions
Question 5a
​​Explain THREE reasons why investment allowances as tax incentives have not achieved the intended objectives in your country.


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Question 5b
​​Tax risks are broadly classified into specific and generic categories. 

 Analyse TWO types of risks in each category.


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Question 1d
​​Citing FOUR reasons, argue the case for double taxation agreements as tax incentives.


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April 2023

1 Questions
Question 3a
​​The tax laws and regulations in most developing countries have been changing in recent years. This rapid change in legislation may expose tax payers to the risk of non-compliance. 

Required: 
(i) Explain the term “tax health checks”. 

(ii) Describe FOUR reasons why businesses should conduct regular tax health checks.


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December 2022

1 Questions
Question 5b
​​Comparability analysis in transfer pricing arrangements involves comparison of the conditions in a controlled transaction with the conditions that would have been made had the parties been independent and undertaking a comparable transaction under comparable circumstances. 

Required: 
Evaluate THREE comparability factors that could be identified in commercial and financial relations between related parties in determining the arm’s length price under transfer pricing.


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August 2022

1 Questions
Question 5a
​​A recent publication from a leading international advisory group opines that, of all forms of tax incentives, tax holidays are the most popular among developing countries. 

Required: 
Discuss four limitations of tax holidays in developing countries.


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April 2022

1 Questions
Question 2a
​​ Describe six factors to be considered when developing mitigation strategies for taxation risks.


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Question 3a
​​(i) Explain how a company operating in Kenya but with its headquarters in another country may avoid taxation through transfer pricing. 

(ii) A few countries and regions in the world have established themselves as tax havens. Briefly summarise three benefits that might accrue to an investor in a tax haven.


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Question 2b
​ ​ ​​Explain the meaning of thin capitalisation in relation to an entity.


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Question 1c
​ ​ ​ ​ ​ ​ ​ ​ ​​Omari Hassan has approached you as the tax expert, to advise him on which of the following two job offers to accept. Hassan has received two offers of employment both of which require him to report for duty next year on 1 January 2022. 

He has provided you with the following information 

Job offer A: Maua Growers Ltd.

Terms of employment: 
  1. A basic salary of Sh.1,680,000 per annum. 
  2. Free housing for him and his family within the farm, with free water and electricity. The water is from a borehole sunk in the farm. The electricity is also generated within the farm. 
  3. Free supply of the farm produce subject to a maximum value of Sh.50,000 per month. 
  4. Reimbursement of medical expenses incurred on self and family subject to a maximum of Sh.125,000 per month. The reimbursement policy only applies to the senior managers. 
  5. Payment of his children’s school fees amounting to Sh.180,000 per annum by the employer. The employer will not expense it in his books of account. 
  6. His annual subscription fee to the sports club amounting to Sh.50,000 would be paid for by the employer. 
  7. He would be required to register as a member of the Institute of Certified Public Accountants. The employer would pay the annual subscription fee of Sh.18,000. 

Job offer B: Kilwa Dishes Ltd. 

Terms of employment: 
  1. A basic salary of Sh.2,160,000 per annum. 
  2. Free housing and meals but only for self. 
  3. Monthly entertainment allowance of Sh.15,000. 
  4. Payment by the employer of his medical expenses subject to a maximum of Sh.800,000 per annum. The medical scheme covers all hotel employees. 
  5. Payment by the employer of his life assurance premiums amounting to Sh.5,000 per month. 
  6. Reimbursement by the employer of his annual subscriptions for the Journal of Certified Public Accountants amounting to Sh.2,500 per annum. 
  7. A one week fully paid holiday package worth Sh.150,000 for his wife and children to visit him and reside at the hotel once per year. The package would also include visits by the family to neighbouring tourist attractions. 
Omari Hassan has further provided the following additional information:

o
His annual average medical expenses are as follows:

Sh.
Self 
150,000
Wife and children 
300,000
Total average medical expenses
450,000
o
His consumption of the farm produce under job offer A would average about Sh.300,000 per annum.

Hint: Your evaluation should include both taxable and non-taxable benefits. Use year 2020 tax rates. 

Required: 
Evaluate the two job offers and advise Omari Hassan on which offer to accept based on expected net annual income.


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December 2021

1 Questions
Question 3c
​​Describe the types ofrisk that require an organisation to develop a tax risk management framework.


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September 2021

1 Questions
Question 4a
​​Describe the tax planning opportunities that could be derived in relation to the financial management decisions in a company.


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May 2021

1 Questions
Question 5c
​​Explain two ways through which proper tax planning may contribute to economic stability of a country.


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November 2020

1 Questions
Question 5b
​ ​​Albert Kimeli is an employee of Rwaka Ltd. He has provided the following information relating to his income

1. He earns a basic salary of Sh.60,000 per month.

2. He is paid house rent allowance of Sh.30,000 per month.

3. His wife, Lavena Kimeli is also employed at a salary of Sh.54,000 per month with Tops Ltd, where Kameli holds 20% of the shares.

4. They both live in a house which is owned by the wife. The house was constructed through borrowed funds at an interest rate of 15% per annum.

5. The employer paid school fees for the children of Albert Kimeli.

6. He was a member of an unregistered pension scheme where the employer made contributions towards the scheme on his behalf.

7. The wife runs a farming business where she earned Sh.400,000 from sale of farm produce.

8. He is contemplating securing a bank loan for his children's education or an education insurance policy that will equally cater for children's education.

Required:

Suggest a scheme of tax planning that would minimise the tax liability of the family of Mr and Mrs Kimeli for the year of income and subsequent years.


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November 2019

1 Questions
Question 3b
​​Discuss three incentives provided by your country to spur the growth of the housing and construction sector.


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May 2019

3 Questions
Question 4a
​​It is important for shareholders to understand the taxation impact of transactions involving mergers or transfers of assets before approving such transactions. 

With reference to the above statement, evaluate three tax implications of transactions involving mergers or transfers of assets for consideration to another company.


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Question 3b
​ ​ ​​Peter Samoei is an employee of Zawadi Ltd. and earns a salary of Sh. 140,000 per month, while his wife Sabina Wanga works in Lindi Ltd., a firm in which Mr Samoei controls 18% of the share capital. Her salary is Sh.60,000 per month. Sabina Wanga owns the house which is occupied by the family, for which the market rental value is Sh.45,000 per month. The house was constructed in year 2017 at a cost of Sh.6,000,000 borrowed from a Sacco at an interest rate of 12% per annum. Sabina Wanga has insured the house and paid insurance premiums of Sh.4,800 per month and city county rates of Sh.6,900 per annum. 

Mr Samoei paid insurance premiums for his family of Sh.4,600 with an insurance company incorporated in Uganda, but operating in Kenya. Zawadi Ltd. paid school fees of Sh.80,000 for the couple's children which was expensed in the firm's income statement. 

Required: 
Suggest four tax planning schemes that could minimise the tax liability of the family.


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Question 2a
​​Various legislations provide for penalties on taxpayers who engage in tax avoidance schemes. 

In light of the above statement, outline four categories of tax avoidance schemes that a taxpayer might be investigated for in your country.


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November 2018

1 Questions
Question 4b
​​Fanikisha Ltd. intends to acquire Matatizo Ltd. The nature of the acquisition is such that Matatizo Ltd. will cease to operate with all its assets and liabilities taken over by Fanikisha Ltd. 

You are a tax senior with Uwezo Consultants. The management of Fanikisha Ltd. have approached you to undertake a tax due diligence on Matatizo Ltd. prior to the acquisition. 

Required: 
Discuss four areas you would focus on in your due diligence.


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November 2017

1 Questions
Question 3b
​​Andrew Mole is an employee of Sombea Ltd. He has presented the following information: 

1. His salary per month is Sh.80,000 which includes house allowance of Sh.20,000 per month. 

2. His wife is employed at a salary of Sh.20,000 per month with Faza Ltd. where Andrew Mole holds 15% of share capital. 

3. The house in which the family lives in is owned by his wife. The house was constructed in the year ended 31 December 2016 through an 18% mortgage loan of Sh.5,000,000 repayable over a period of 10 years. 

4. Their children attend a nearby primary school. Mole has been saving Sh.12,000 per month for his children's secondary school education and Sh.20,000 per month with his Sacco to be withdrawn upon retirement. 

5. His wife has insured the house and pays insurance premiums of Sh.5,000 per month and county government rates of Sh.24,000 per annum. 

Required: 
Evaluate three possible schemes of tax planning that Andrew Mole and family could use to minimise their tax liability for the year of income 2016.


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May 2017

1 Questions
Question 4a
​​Describe three tax planning opportunities that could be derived from the financial management decisions in a company.


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Question 3a
​​Explain how tax planning could be undertaken in the context of: 

(i) Income from investments.

(ii) Capital structure decisions in corporate entities.


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Question 3b
​ ​​The promoters of Junefair Company Ltd. are considering the best source of financing for their new company. 

The promoters are aware of the two main financing avenues for any company; equity financing and debt financing. They already have raised equity capital amounting to Sh.500 million as their base capital which falls short of their capital requirement of Sh.1 billion. They have approached a consultant to give them advise on how to source the additional Sh.500 million that they require. The consultant has assembled his analysis into two mutually exclusive financing sources based on the promoter's request as follows:

Option - A (Equity only)
Sh."000"
Base capital - Equity
500,000
Additional capital - All equity
500,000
Total
1,000,000

Option - B (Debt only)
Sh."000"
Base capital - Equity
500,000
Additional capital - Long term debt
500,000
1,000,000

It is assumed that both the additional equity and additional debt will require an annual payment of Sh.40 million and Sh.50 million for dividend and interest respectively every year. 

Assume that the profit before interest and taxes that the company would post each year is Sh.110 million. The corporate tax rate is 30%. 

Required: 
Suggest, from a tax planning perspective, the best source of additional financing that the consultant should recommend 


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Question 3c
​ ​ ​​Violet Auma has been offered a job with Apple Electronics (K) Ltd., a foreign company dealing with distribution of smart phones and computers in the East African region. She is due to report on 1 January 2016. 

Her terms of employment provide for the following emoluments:

1. She would get a basic salary of Sh.450,000 per month effective from 1 January 2016.

2. The company would make the following additional payments to her per month:
  • Home to office car allowance of Sh.28,500. However, she would be given the option of using a company car. The car that would be allocated to her would be of 2500cc which the company would purchase at a cost of Sh.3,500,000.
  • House allowance of Sh.80,000 per month. However, the company gives her the option of moving to a company house from the commencement of her employment. The house would be rented by the company at Sh.80,000 per month.
3. She would, like all other employees, enjoy the company's pension scheme into which the company would pay Sh.25,000 monthly for her benefit. She would also have to contribute a similar amount into the scheme. 

4. An end of the year bonus amounting to Sh.35,500 would be paid to her each year. She however would be given the option of taking a gift of a phone from the company worth the same amount. 

5. She would be eligible to be included into the company's attractive medical scheme which only covers management staff. The amount of the benefit is capped at Sh.1,500,000 per year. She however has the option of a free-for-all claim-based medical scheme operated by the employer. The scheme is capped at Sh.1,000,000 per year. 

Required: 
Recommend the best option for Vilolet Auma based on the above information.


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May 2015

1 Questions
Question 1a
​ ​​ In the context of tax avoidance schemes, describe how firms might employ the following approaches to avoid tax

(i) Bankruptcy or liquidation of a firm

(ii) Outsourcing services instead of employing permanent staff.

(iii) Purchasing fixed assets instead of leasing the assets.


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