Kenya - Affordable Housing Levy Contributions Tax Relief Update

Kenya - Affordable Housing Levy Contributions Tax Relief Update

The Affordable Housing Act, 2024 (AHA), published and gazetted on 19 March 2024, contains consequential amendments as specified in section 60 of the Act and in the Third Schedule to the Act.
 
According to section 60 of the AHA, the Acts specified in the first column of the Third Schedule are amended in the manner specified in the second column.
 
The Third Schedule to the AHA amends the Income Tax Act by adding section 30A(1A) and amends Schedule 3 of the Income Tax Act. These amendments allow for the tax relief for employee contributions made towards the Affordable Housing Levy.
 
However, according to section 1 of the AHA, sections 4 and 5 came into operation on the date of assent, and all other sections will come into operation on such date as may be prescribed by the Cabinet Secretary by notice in the Gazette. To date, no such Gazette has been published.
 
Therefore, section 60 with the Third Schedule's consequential amendments which institute the affordable housing tax relief for employee Affordable Housing Levy contributions are not effective yet.

Refer to the attached Affordable Housing Act for the extracts of the sections mentioned above.
 
This is why the monthly PAYE iTax file does not make provision for this relief yet.
Once there are any further developments on this, it will be communicated.

 


 




    • Related Articles

    • Kenya: Public Notice Affordable Housing Levy (AHL)

      As per the public notice issued by the KRA on 15 August 2023, please note: The Finance Act 2023 introduced the AHL with effect from 1st July, 2023. Kenya Revenue Authority has been appointed as the collecting Agent of the Affordable Housing Levy ...
    • Kenya: Collection Of Affordable Housing Levy By Kenya Revenue Authority

      Public notice from KRA: Kenya Revenue Authority (KRA) would like to inform members of the Public that the Cabinet Secretary, Ministry of Lands, Public Works, Housing and Urban Development through a Public Notice dated 3rd August, 2023, has appointed ...
    • Kenya - High Court declares 'Affordable Housing Levy' unconstitutional

      On Tuesday 28th November 2023, Kenya's High Court declared the 1.5% levy intended to fund affordable housing unconstitutional. The High Court has stayed the ruling until the 10th January 2024 to allow for the Government to appeal. This means the ...
    • Kenya - Court of Appeal Halts Affordable Housing Levy Deductions

      Kenya's Court of Appeal has taken a significant step by putting a halt to the deductions related to the Affordable Housing Levy. This decision comes in response to ongoing legal cases that have been filed against the programme. In their ruling, a ...
    • KENYA - THE AFFORDABLE HOUSING ACT, 2024, EFFECTIVE MARCH 2024

      On Tuesday, 19th March 2024, Kenya’s President signed into law The Affordable Housing Act, 2024, which amends the legislation which originally implemented the Affordable Housing Levy in 2023 in the Finance Act, 2023. The Act requires employees to ...