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TAX AVOIDANCE IN KENYA

The general anti avoidance provision adapted the commonwealth trend. Section 23 empowers the Commissioner of Income Tax to adjust any taxation designed to avoid tax liability in any way that counteracts that avoidance.
The commissioner has power to suspend any taxation carried out in any in any provision of the Act and which tax avoidance intentions on the part of taxpayer, which he may counteract by adjusting the taxation

Section 24 deals with dividend stripping. This empowers the commissioner where a company has not declared dividends to direct any undistributed dividends to be deemed as distributed and have the company pay tax on undistributed dividends at individual taxpayer’s rates.

Section 25(a) income stripping
Settlement of income on children and other person’s settlement enable commissioner to deem settled income. If a child is below 19 years, settlement is deemed valid

 
 
 

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