On November 10, 2024, Ong’anya Ombo Advocates LLP shared its recommendations concerning the Fiscal Budget for the Financial Year 2024/2025 to the Ministry of National Treasury & Economic Planning. On March 08, 2024, the Budget Team for the Ministry of National Treasury & Economic Planning invited us to make oral submissions and make clarifications on March 14, 2024, whereby one of our recommendations focused on matters Digital Marketplace, and Payment Service Providers (PSPs). Our recommendations followed by oral submissions on tax concerning the digital market space has been considered by the National Treasury and Economic Planning’s Budget Team. Our proposal was focused on expanding the tax base within the digital marketplace as one of the key areas that the government can tap in while also offering a different tax classification for digital marketplace that are not sellers or owners of the products being promoted on the marketplace for sale. Our major proposal was that digital marketplace that only offer their digital marketplace for sellers and buyers to use have to be subjected to Income Tax only on the commission and not Value Added Tax (VAT) on the commission, and introduce payment service providers (PSP) to take the responsibility of remitting the tax to Kenya Revenue Authority (KRA).
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