Finance Act 2026 exempts banks from VAT on repossessed assets

The Finance Act 2026 signed by President William Ruto on June 23 exempts banks, SACCOs and other lenders from VAT on the sale of repossessed collateral.

The amendment adds the sale, disposal or realisation of repossessed assets to the list of exempt financial services under the VAT Act. It resolves a dispute in which the Kenya Revenue Authority had sought 16 per cent VAT on such transactions.

The Tax Appeals Tribunal ruled in January 2025 that the recovery process was not explicitly covered by the exemption for loan principal. The Kenya Bankers Association had warned in May that the tax would raise lending costs and be passed on to borrowers.

Borrowers are now expected to avoid those extra charges. The change took effect with the signing of the Finance Act 2026 on June 23.

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Kenyan MPs voting on the Finance Bill 2026 in the National Assembly chamber.
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National Assembly passes Finance Bill 2026

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The National Assembly has passed the Finance Bill 2026 after a third reading vote, sending it to President William Ruto for assent.

The National Assembly has dismissed online claims that the Finance Bill 2026 introduces annual land rent on freehold land.

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Treasury Cabinet Secretary John Mbadi has clarified that the Finance Bill 2026 does not introduce new taxes on cryptocurrency, bread or mobile money transactions.

The government's Boma Yangu Affordable Housing platform has stated that housing levy contributions are not personal savings and cannot be refunded. The State Department for Housing explained that the levy funds the construction of affordable homes nationwide. However, voluntary affordable housing savings remain refundable.

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A Johannesburg High Court judgment has ordered former VhaVenda king Toni Mphephu, his nephew Oscar Thobakgale and the Dzata Trust to repay R17.29-million linked to the VBS Mutual Bank scandal. The 2 March ruling by Judge Johann Gautschi found the payments from Vele Investments to be dispositions without value. Respondents failed to demonstrate any value received by the bank in return.

Cooperatives Cabinet Secretary Wycliffe Oparanya has required all Savings and Credit Cooperative Organisations (SACCOs) in Kenya to adopt digital systems and shared services for licensing. He announced this on April 9, 2026, at Lake Naivasha Resort in Nakuru County, aiming to improve transparency, efficiency, and internal controls. The measures form part of reforms under the Cooperative Bill.

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The National Assembly has given Kenyans two weeks to submit views on the Sacco Societies Amendment Bill from April 14, 2026. The deadline is April 24, 2026, at 5pm. Sponsored by Majority Leader Kimani Ichung’wah, the bill aims to strengthen oversight and stability in the SACCO sector.

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