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May 2015

Unit: Public Finance and Taxation

12 Questions

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Questions

1a
Introduction to Taxation
​​ Explain the significance of the following canons in designing the tax systems of an economy:

i) Equity

ii) Economy

iii) Convenience

iv) Certainty
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1b
Taxation of Income
​ ​ ​​Gregory Omari, a finance manager with Safi Ltd., has provided the following information on his employment and other income for the year ended 31 December 2014: 

  1. Basic salary Sh. 225,000 per month (PAYE Sh. 42,500 per month). 
  2. The employer provided him with a house during the year. The employer furnished the house on 1 October 2014 at a cost of Sh.240, 000. Prior to this, he was using his own furniture. 
  3. He was provided with a company car of 2000cc, which had cost Sh. 1, 200, 000 in 2013 
  4. He was paid leave allowance equal to one month's basic salary in March 2014. 
  5. He contributed 5% of his monthly basic salary to a registered pension scheme, with the employer contributing an equal amount for him. 
  6. During the year the employer paid school fees for Gregory Omari's son amounting to Sh. 85,000. The amount was disallowed for tax purpose on Safi Ltd. 
  7. His wife was hospitalized and the employer paid Sh. 540,000 towards the medical bill. The employer has a medical cover for senior staff only. 
  8. The employer paid life insurance premium of Sh. 50,000 per annum for him. 
  9. During the month of May 2014, he acquired a loan from Delite Bank amounting to Sh. 8,000,000 at an interest rate of 8% per annum and constructed four rental houses. The houses were occupied from 1 September 2014 at a monthly rent of Sh. 40, 000 per house. 
  10. He received 2,000 shares in Safi Ltd at the end of December 2014 as a reward for his outstanding performance during the year. The last valuation of the shares was Sh. 50 each. 
  11. In December 2014, the employer decided to reimburse him for a third of the cost incurred on water, electricity, internet and cook for the entire year. The annual amounts incurred by him were Sh. 14, 400, Sh 18, 000, Sh 15,000 and Sh 54, 000 respectively. 
  12. Other expenditure in relation to the rental houses included 
 Sh.
Insurance
20,000
Salary to self
100,000
Loan repayment
1,162,000
Interest on loan
213,000
Rates
5,000
Caretaker salary
36,000 
Computer 
55,000 
    
Required:
i) Taxable income for Gregory Omari for the year ended 31 December 2014. 

ii) Tax payable (if any) on the income computed in (b) (i) above
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2a
Customs Taxes and Excise Taxes
​ ​​The member states of East African Customs Union have faced certain challenges in their integration. Citing relevant example, evaluate four such challenges.
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2b
Taxation of Income
​ ​ ​ ​​Ashrey and Balak are partners trading as Barrey Enterprises, and sharing profit and losses equally. They have not maintained proper books of account, but have provided the following details for determination of taxable income for the partnership for the year 31 December 2014: 

1
The partners charge interest on drawings at the rate of 10% per annum.
2
Assets and liabilities as at 31 December:
2
2013
Sh.
2014
Sh.
Stock in trade 
860,000
1,680,000
Creditors
740,000
890,000
Prepaid rent
30,000
42,000
Accrued Electricity bills
21,000
16,000
Bank balance 
230,000
165,000
Accrued salaries
520,000
480,000
3
The partners banked all cash collections after deducting the following monthly expenses:
3
Sh.
Cash drawings: Ashrey
15,000
Cash drawings: Balak
10,000
Wages
12,000
Purchase of goods for sale 
18,000
Sundry expenses
10,000
Motor vehicle expenses
8,000
4
Payments made through the bank during the year ended 31 December 2014 were as follows: 
4
Sh.
General expenses
30,000
Motor vehicle expenses 
16,000
Purchase of goods for sale
1,515,000
Rent
504,000
Electricity
139,000
Salaries
4,800,000
Purchase of motor vehicle
3,000,000
Selling and distribution expenses
140,000
Wages
544,000
Cost of meals to employees 
123,000
5
On average, the partners sold all goods at a gross profit margin of ​\(33{\large \frac{1}{3}}\)​. During the year, Ashrey and Balak had taken goods (at cost price) worth Sh. 250,000 and Sh. 100, 000 respectively.
6
The partners estimate the use of motor vehicle to be 40% for private purposes.
7
On 1 October 2014, the partners admitted Korir as a new partner. He paid Sh. 4,000,000 as his capital contribution. The new profit sharing ration was agreed at 2:2:1 for Ashrey, Balak and Korir respectively.
8
A half of the salaries expenses relate to the partners. Out of these, Korir received Sh. 268, 000 being salary dues to 31 December 2014.
9
It was agreed with the commissioner of tax that wear and tear allowance be provided at Sh. 120, 000 for the year ended 31 December 2014. Assume that income and expenses accrued evenly throughout the year.

Required:
i) The adjusted partnership profit or loss for the year ended 31 December 2014. 

ii) Distribution schedule of the profit of loss calculated in (b)(i) above.  

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3a
Taxation of Income
​ ​​In the context of taxation of firms in the mining industry, explain the following terms:

i) Exploration expenditure

ii) Extraction expenditure
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3b
Administration of Value Added Tax (VAT)
​ ​​Solomon Chacha registered for value added tax on 1 May 2015. During the registration process, he was instructed to ensure that in the course of his business he maintained a full and written record, in electronic or other acceptable form. He has approached you for more details he is expected to maintain as per the Value Added Tax (VAT) act. 

Required: 
Advise Solomon Chacha, on six records he is required to maintain as per the VAT Act.
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3c
Administration of Value Added Tax (VAT)
​ ​ ​ ​ ​ ​ ​ ​​Mehta Ltd, a company dealing in electronic items and registered for value added tax (VAT) purposes, provided the following details in respect of the month of September 2014.

September 1:
Purchased 10 cameras for a total of Sh. 500,000.
September 2:
Purchased flash bulbs for a total of Sh. 200,000.
September 4:
Purchased slide projectors for a total of Sh. 1,000,000.
September 6:
Sold 5 cameras each at 35% above cost price 
September 7:
Purchased 200 wrist watches at Sh. 1,500 
September 8:
Sold 2 slide projectors for a total of Sh. 500,000
September 9:
Sold flash bulbs that had cost Sh. 100,000 for Sh. 150,000
September 12:
Purchased 50 stop watches for a total of Sh. 50,000
September 15:
Purchased 100 alarm clocks at a total cost of Sh. 80,000
September 18:
Sold the remaining 5 cameras each at 25% above cost price
September 20:
Sold 3 slide projectors for a total of Sh. 750,000 
September 22:
Sold 100 wrist watches at Sh. 2,000 per watch
September 25:
Sold 70 alarm clocks each at 30% above cost price
September 27:
Sold 50 stop watches for a total of Sh. 75,000  
September 30:
Paid - 
  • Rent Sh. 20,000
  • Motor vehicle repair Sh. 10,000 (for business)
  • Telephone Expenses Sh. 9,000
  • Catering services Sh. 19,000
  • Audit fee Sh. 35,000  

All transactions were inclusive of VAT at the rate of 16% where applicable.

Required: 
Calculate for Mehta Ltd for the month of September 2014: 

i) Input tax 

ii) Output tax

iii) VAT payable or refundable
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4a
Taxation of Income
​ ​ ​​Humphrey Wanjohi constructed five rental houses in the year 2013. The houses were fully occupied with effect from 1 January 2014. He intends to file tax return for the year ended 31 December 2014. He has approached you for advice on the various deductions allowed against rental income. 

Required: 
Advice Humphrey Wanjohi on six deductions allowed against rental income.
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4b
Investment Allowances/deductions
​ ​ ​ ​ ​ ​ ​​​​​​Quality Meat Ltd was established on 1 January 2013 to process meat products for the local market. The company incurred the following costs on constructing relevant structures which were utilized from 1 January 2013.

Sh.
Factory building
8,200,000
Labour quarters
2,400,000
Showroom
960,000
Staff recreation facility
4,800,000
Retail shop
720,000
Perimeter wall
1,400,000
Administrative offices 
620,000
Drive way
580,000
Sports Pavilon
3,200,000
Drainage system
840,000

Other assets acquired prior to 2 January 2013 comprised:

Sh.
Heating plant 
3,400,000
Delivery Vans
2,200,000
Computers
680,000
Lorry (tonnes)
4,200,000
Factory machinery
1,800,000
Fax machines
420,000
Water pump
740,000

Additional information: 
1
A borehole was drilled at a cost of Sh. 920,000 and utilized from 1 September 2013.
2
On 1 July 2014, the company constructed a factory extension and a loading bay at the cost of Sh. 2,400,000 and Sh. 560,000 respectively. The structures were utilized with effect from 1 October 2014.
3
The following assets were acquired on 1 August 2014:
3
Sh.
Pick-up
2,000,000
Conveyor belts
640,000
Scanners
220,000
Mobile phones
156,000
Electronic weighing machines 
720,000
4
The following assets were disposed off during the year: 
4
Asset
Disposal date
Cost of the asset
Disposal Proceeds
Sh.
Sh.
Computers
02-Feb-14
120,000 
420,000
Delivery van
04-Apr-14
1,100,000
760,000
Fax machine
30-Sep-14
86,000
54,000
5
The company had not claimed capital allowances since it commenced operations. 

Required: 
Capital allowances due to Quality Meat Ltd for each of the years ended 31 December 2013 and 2014.    
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5a
Administration of Income Tax and Tax Procedures
​​Outline four benefits of turnover tax.
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5b
Public Private Partnerships Arrangements
​​In a tax seminar, one of the facilities noted that, "there is a global shift from export processing zones (EPZs) to special economic zones (SEZs), where countries are deriving immense benefits from the trend" 

Required:
i) Explain the meaning of special economic zones (SEZs) 

ii) Argue four cases in favour of special economic zones (SEZs)
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5c
Taxation of Income
​ ​ ​​John Amanda bought a residential house for Sh. 7,000,000 in the years 2006. Legal fees and stamp duties amounted to Sh. 300,000. In the year 2008, he added three bedrooms at a cost of Sh. 920,000 and received an improvement grant of Sh. 1,000,000. In the year 2009, a strong wind damaged the roof and he incurred repair costs amounting to Sh.480,000. In the year 2011, a boundary dispute arose with a neighbour and legal costs amounting to Sh. 34,000 were incurred in settling the dispute. In the year 2012, a further extension was planned and architect's fees of Sh. 650,000 incurred, however, the plan was not approved by the County Council and the extension was abandoned. The residential house was sold in the year 2015. He incurred conveyancing costs of Sh.60, 000, advertising costs of Sh.15, 000 and estate agent commission of Sh. 24,000. 

Required: 
i) With respect to capital gains tax, calculate the adjusted cost of the residential home at the point of sale. 

ii) Comment on information not used in (c) (i) above.
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