Achekam

Claiming an income tax refund from KRA

Where Kenyan income tax refunds come from, the five-year limit, applying on iTax, the pre-payment audit for first claims and the false-claim penalty.

By Achekam · · 4 min read · For Running a business businesses in Kenya

income tax refund Kenya iTax

A return is filed and iTax shows a credit: more tax was paid during the year than was due. For a business with thin margins, that credit is real money. For an individual, it may be several months of over-deducted PAYE. Either way, it does not come back by itself. Someone has to claim it, with evidence, within a time limit.

Refund claims also attract scrutiny. KRA checks them before paying, and the penalty for an inflated claim is severe. This article explains where income tax refunds come from, how to apply, what to expect from KRA, and which records to have ready before you start.

Where income tax refunds come from

KRA lists the usual sources of an income tax refund:

  • Over-deducted PAYE, for example where an employer deducted more than the employee owed for the year;
  • Reliefs that were not reflected in the tax deducted;
  • Disability exemption, where an exempt person had tax deducted;
  • Overpaid instalment tax, where a business paid more in instalments than its final liability;
  • Withholding tax, where tax withheld by customers exceeds the tax due;
  • Advance tax credits, where advance tax already paid exceeds the final liability.

For a business, two likely situations are instalments paid on a forecast that turned out too high, and withholding tax deducted by customers that exceeds the final liability. For advance tax, see advance tax on commercial vehicles.

Claiming within five years

KRA says a claim for an income tax refund must be made within five years from the date the tax was paid. Note what the clock starts from: the date of payment, not the end of the year or the date the return was filed. Overpaid instalments from early in a year start their five years earlier than tax paid with the return.

Do not let credits sit on iTax for years in the hope of using them later. Decide each year whether to claim a refund or let the credit offset future tax, and act within the limit. The considerations are covered in refund or offset: deciding in time.

Applying on iTax under the refunds menu

KRA says refunds are applied for on iTax under the refunds menu. The application asks for:

  • the bank account the refund should be paid into;
  • the refund type;
  • the reason for the claim;
  • the amount;
  • supporting documents.

KRA's frequently asked questions on tax refunds explain how refunds arise, the time limit, how to apply on iTax and how claims are checked.

The supporting documents carry the claim. A refund based on withholding tax is best supported by the certificates; one based on overpaid instalments by the payment slips and proof of payment; one based on over-deducted PAYE by the P9 and payslips. VAT refunds work differently, and are explained in VAT refunds for excess input tax.

Pre-payment audits and debt status reports

KRA says all first-time refund claimants are subjected to a pre-payment audit, and that all claims must have valid debt status reports before processing.

Two practical consequences follow. First, a first claim takes longer, because KRA examines it before paying, so expect questions and have the records ready. Second, any other tax debt on your PIN can hold up the claim. Check your ledger on iTax before applying, and clear or resolve any outstanding amounts first.

The penalty for false or fraudulent claims

KRA says a fraudulent or false refund claim attracts a penalty equal to two times the amount of the claim. That is twice the claim, not twice the overstatement.

The lesson is to claim only what the records support. If you are unsure whether an item qualifies, take advice before including it, or leave it out. An honest claim that is smaller than it could have been costs far less than a false one.

Pulling supporting records from Achekam

A refund claim is only as strong as the records behind it, and the same records that support the return support the claim.

In Achekam, the general ledger lists every posted line, and the trial balance shows each account for all time, for a period or at a date, and says whether debits equal credits. Accounts for instalment tax paid and withholding tax receivable show exactly what was paid and withheld during the year, line by line, ready to match against iTax.

A Kenyan tax return in Achekam is prepared by one person, reviewed by a second and approved by a third. Once approved, its rule snapshot and figures are frozen, and an amendment becomes a new version rather than overwriting the old one. If KRA's audit asks how a figure was reached, the approved version shows it.

Achekam does not file with KRA. A person with the KRA filing permission files on iTax and uploads the acknowledgement, and a different person verifies it before the return counts as filed. The same discipline suits a refund claim: one person prepares it, another checks the evidence before it is submitted.

A refund claim checklist

  1. Identify the source of the overpayment and the amount.
  2. Confirm the tax was paid within the last five years.
  3. Gather the evidence: certificates, payment slips, P9s, payslips.
  4. Check iTax for any outstanding tax debt on the PIN.
  5. Have a second person review the claim against the records.
  6. Apply on iTax under the refunds menu, with the bank details and documents.
  7. Keep a copy of everything submitted, and diary a follow-up.

Look at your iTax ledger this month. If there is a credit older than a year, decide now whether to claim it.

General guidance only, not advice on your own circumstances. Tax and payroll rules change: check the current position with the authority or your adviser.

Related articles

More on Running a business

See how Achekam handles it with your own records: create your account