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Kenya Tax Law Library/Income Tax Act

Income Tax Act (Cap. 470) (Cap. 470)

The statute behind PAYE, withholding tax, turnover tax interactions, rental income and the creator-economy taxes our calculators model alongside VAT.

Re-verified 27 September 2026Amended by: Finance Act 2023, Finance Act 2024, Finance Act 2025

Why this law matters

Businesses meet tax as a system, not one Act at a time: whether you also owe turnover tax, withholding on royalties, or tax on YouTube income is decided here, not in the VAT Act.

Official text: Full text on Kenya Law (kenyalaw.org)

The provisions that matter

What it says, and what it means in practice

s.35

Withholding tax

What it saysRequires deduction of tax at source on specified payments — including royalties to resident and non-resident content creators and service providers — at rates in the Act's schedules.

What it means for your businessThe 'YouTube 5% tax' and similar creator-economy deductions are withholding mechanics under this Act, not VAT — they coexist with any VAT/GST applied by the platform.

s.7A & rental rules

Rental income taxation

What it saysRental income for resident individuals is taxable under the monthly rental income regime; VAT applies separately to commercial rent where the landlord is VAT-registered.

What it means for your businessLandlords ask 'is rent VAT-able?' — the honest answer is: income tax under this Act always applies; the 16% depends on your VAT registration status and the property's use.

Turnover Tax framework

Small-business turnover tax (1%/2%)

What it saysBusinesses with turnover below the VAT threshold and under KES 25M may fall under turnover tax at 1% (2% above KES 25M... within regime limits), instead of VAT and full income tax mechanics.

What it means for your businessChoosing between turnover tax and voluntary VAT registration is a real optimisation decision for SMEs just under the threshold — our VAT vs turnover tax guide runs the numbers.

Applied guides

Where we interpret Income Tax Act for real situations

Citing this page

"Income Tax Act (Cap. 470) (Cap. 470): Key Provisions & Practical Meaning." SmartVAT Kenya, smartvatkenya.co.ke, verified 2026-09-27. https://smartvatkenya.co.ke/sources/income-tax-act-cap-470/

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