TaxIntellilytics Stories

Income Tax Act (Cap 338)provision pendingFY2018/19Income Tax (Amendment) Act 2018 (Act 7 of 2018)

Case file ITA-2018-AGRI1

Withholding tax of 1% on persons engaged in agriculture

Highest rung reached: Verified lawLaw: read in a statutory textWithholding · Compliance

1 point pending verification

  • Whether the Minister designated any payer under s. 118E, and the section's later history.
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Law

Principal Act
Income Tax Act (Cap 338), enacted as Act 11 of 1997
Amending Act
Income Tax (Amendment) Act 2018 (Act 7 of 2018) (verified)
Provision, revised numbering (2023 revision)
pending verification
Provision, numbering before the revision
s. 118E and Third Schedule, Part XII(1) of Cap. 340
Principal Act dates
commencement 1997-07-01
Amending Act in force from
1 July 2018 (assented 21 June 2018; gazetted 29 June 2018)
Tax heads and taxpayers affected
Income tax, Withholding tax. Farmers selling produce.
Status
Legal: pending verification. Implementation: implemented.
WHAT CHANGED: CHANGE SLIP
Section A: The law
Amending ActIncome Tax (Amendment) Act 2018 (Act 7 of 2018)
In force from1 July 2018
Assent21 June 2018
Section B: What the law said before
The wording before and after is set out in the redline below.
*** END OF CHANGE SLIP ***

The redline

s. 118E and Sch. 3, Part XII(1)
as at 2018-06-30

Not in the Act before this amendment: the amending Act inserted the provision.[ACT-ITA-2018-7, PDF page 8, s. 16]

s. 118E and Sch. 3, Part XII(1)
as at 2018-07-01

Inserted: 118E. Withholding of tax on payments for agricultural supplies. A person who makes a gross payment for agricultural supplies in excess of one million shillings shall withhold tax on the gross amount of the payment at the rate prescribed in part XII of the Third Schedule, if the payer is designated by the Minister to withhold tax. [Third Schedule, Part XII] (1) The rate of withholding tax on payment of agricultural supplies is one percent of the gross amount of the payment.Verified law: Wording or a date read in a statutory text, with the version and page named.[ACT-ITA-2018-7, PDF page 8, ss. 16 and 19 (PDF pages 8 and 10)]

Act 7 of 2018 inserted s. 118E and Part XII. The tax applies only to payments above one million shillings, and only where the Minister designates the payer.

In plain English

Interpretation: A reading of the evidence, by a named source or by this register. A small withholding on payments to farmers was introduced to bring them into the tax net. The current Act exempts agricultural supplies from one withholding regime, so the measure's later fate needs checking.

Evidence classes: § Verified law · ○ Observed · = Derived · → Official forecast · ← Reported yield · ≈ Modelled estimate · ⇒ Causal estimate · ~ Association · ¶ Interpretation · ? Hypothesis · + Proposed reform · ! Unverified. Hover or focus a mark for its definition.