Kenya's Finance Bill 2025 Under Fire: LSK, KPMG Lead Opposition on KRA Data, Spouse Tax & Housing Rebate

Tune in for a deep dive into the public hearings surrounding Kenya's Finance Bill 2025. We explore the significant concerns and strong opposition raised by key professional bodies, including the Law Society of Kenya (LSK), KPMG East Africa, Ernest and Young Public Accountants, and CDH law firm.

The bill has sparked controversy over several proposed clauses, facing scrutiny for their potential impact on taxpayers' rights and financial principles. Key points of contention highlighted in the hearings include:

• Proposed Automatic KRA Access to Data: Learn why the LSK and KPMG East Africa are opposing the clause that would grant the Kenya Revenue Authority (KRA) automatic access to trade secrets and personal data. Critics argue this provision could significantly undermine taxpayers' right to due process and fair adjudication. Concerns are also raised that allowing KRA to enforce decisions before an appeal is heard could effectively render the appeal "nugatory," and that accessing private or personal data is an affront to data protection principles.
• Spousal Liability for Tax Defaults: Discover why a proposal seeking to hold the spouses of tax defaulters personally liable for outstanding obligations was unanimously rejected by presenting entities. Opponents argue this measure undermines individual financial autonomy and accountability.
• Removal of Affordable Housing Tax Rebate: The LSK has also opposed the proposed removal of the 15% tax rebate for companies that build at least 100 residential units annually. This measure was initially introduced to promote affordable housing by offering an alternative to the standard corporate tax rate.

This episode breaks down these specific challenges to the Finance Bill 2025, drawing directly from the concerns raised during the public hearings. We also touch upon how these hearings are running concurrently with discussions on the Virtual Assets Providers Bill 2025, which addresses cryptocurrency tax measures.