28/11/2023
KRA E-TIMS - The white elephant in the room.
Background info. In August 2021, KRA launched TIMS, all VAT registered taxpayers were required to comply by acquiring the upgraded ETR devices. This allowed near real time transmission of electronic invoices to KRA. The deadline was 30th Nov 2022.
Among the issues that arose, was the cost of acquiring the gadgets and integration issues.
To sort this, KRA upgraded to an online software version, ETIMS in Feb 2023. Taxpayers with ERP's can use the VCU invoicing system which facilitates integration. It also has a supply chain module for tracking inventory transactions.
👨⚖️ Legal framework; The VAT Act of 2013. The ETR regulations were released in 2020. It took 10 years to implement!
Moving forward;
💡 Did you know, NO expenses will be allowable for tax purposes (Annual Income tax) as at Jan 2024, if the invoices/expense receipts are not passed through E-tims. This means ALL expenses even small petty cash expenses like transport via boda boda etc. There are No exemptions!
🚑 Brace to pay higher corporation taxes in 2024 if you are dealing with informal suppliers who are giving receipts and invoices that are not passed through E tims or not giving receipts at all.
🧠 For any business owner, you are well placed if you deal with formal suppliers who have E-tims registered. It applies to all taxpayers even if you are not VAT registered. You should register on Etims but as non-VAT taxpayer.
👉 The law is not changing, what is there is that all non-vatable businesses (businesses not registered for VAT) or those registered under the turnover tax, will be required to issue invoices that are E-tims compliant. It does not mean the invoice will have Vat, No; it only means that it will have passed through the government system of VAT tax compliance i.e ETIMS.
Bigger Picture
The move is to help the government increase its tax to GDP ratio from the current 15.2% by 4% as per the OECD, The average for 33 African countries within the Revenue Statistics in Africa 2023 publication has remained unchanged over the same period and was 15.6% in 2021. I hate to compare but in Europe the tax to GDP ratio is at 41.7%. Talk about debt in African countries.
We are not being overtaxed; we simply were not paying equal share to the government for the people gaining from the economy. That's where the pain is emanating from.