VAT on residential rent in Kenya
Whether residential rent attracts VAT in Kenya, how exempt differs from zero-rated, and how a landlord or letting business codes it in Achekam.
By Achekam · · 4 min read · For Real estate businesses in Kenya
A landlord in Nairobi with a block of flats, a letting business in Mombasa managing apartments for owners, a family company that owns a few houses in Kisumu: each eventually asks the same question. Do we charge VAT on the rent?
For residential rent, the short answer at the time of writing is no, because the letting of residential premises is exempt. But that answer is the start, not the end. A letting business usually earns more than rent, an exempt supply has consequences that a zero-rated one does not, and the way invoices are coded decides what the books and the VAT return will show.
Residential letting on the exempt list, at the time of writing
Kenya's VAT Act sorts supplies into groups. Most are taxable at the standard rate, which is 16%. The Fifth Schedule lists zero-rated supplies, such as exports of goods, supplies to export processing zones and ship stores. The Second Schedule lists exempt supplies, among them financial services, unprocessed agricultural produce and the letting of residential premises.
So rent for a home, a flat or a residential house, charged by the landlord, is an exempt supply. No VAT is charged on it.
The Act itself is the authority, and schedules are amended from time to time. The current consolidated Value Added Tax Act is published by Kenya Law, and is where to confirm the position before relying on it.
Exempt is not the same as zero-rated
The two are often confused because neither puts VAT on the customer's invoice. They are different in law and in their effects.
| Zero-rated | Exempt | |
|---|---|---|
| VAT on the invoice | None charged | None charged |
| Is it a taxable supply? | Yes, at a rate of nothing | No |
| Counts towards registration | Yes | No |
| Typical examples in Kenya | Exports of goods | Residential letting, financial services |
The practical consequence for a landlord is that residential rent does not make the business a VAT vendor, and the business cannot treat its residential letting as if it were zero-rated. Whether VAT paid on costs linked to exempt letting can be claimed back is a question for your tax adviser. Do not assume it can; ask first.
Income that is not residential rent
Few letting businesses earn only residential rent. Look carefully at every other line of income:
- rent for offices, shops, warehouses or other non-residential premises;
- management or letting fees an agent charges a landlord;
- service charges, parking, furnished-letting extras;
- commission on placing a tenant.
The exemption covers the letting of residential premises. It does not by itself settle how these other supplies are treated. Some will be taxable. Check each one against the Act or with an adviser, and record the answer in writing so that whoever prepares invoices applies it consistently.
Coding invoice lines as exempt
In Achekam, a Kenyan business picks a tax code on each invoice line: standard, zero-rated, exempt, out of scope or reverse charge. Only standard lines carry VAT. This applies once the Kenya country pack is activated under Settings, Jurisdiction & regulators.
For a residential rent invoice, choose exempt on the rent line. Do not use zero-rated just because the VAT is nil, for the reasons in the table above.
Two current limits to know:
- Use the invoice form under Accounting. The New invoice form under Billing & Finance offers only 15% or 0% VAT and shows rand, so it does not follow Kenyan VAT. The invoice form under Accounting does follow the country's tax codes.
- Standard-rated lines may be refused for now. While the Kenyan VAT rate rule awaits platform approval, Achekam refuses to charge standard-rate VAT on a Kenyan workspace's invoice and tells the user to choose a tax code without VAT or wait. Exempt rent lines are unaffected, but a business that also invoices taxable services will meet this refusal; see Nigerian and Kenyan VAT awaiting approval.
Exempt does not mean outside the invoicing rules. Under the Tax Procedures Act, every business in Kenya must issue electronic tax invoices through KRA's eTIMS and keep stock records, with certain exclusions; confirm with your adviser how this applies to your rent invoices.
A worked example in words
A letting business manages a block of flats for an owner and also lets two shops on the ground floor. It invoices the flat tenants monthly with one line for rent, coded exempt. It invoices the shop tenants separately, after confirming with its adviser how commercial rent is treated, and codes those lines accordingly. Its own management fee to the owner is a third kind of supply, invoiced separately with the code its adviser confirmed. Each invoice carries one kind of supply, so nobody has to untangle mixed lines at the end of the month.
Registration counts taxable supplies only
A business in Kenya must apply for VAT registration within 30 days once its taxable supplies reach KES 5 million in a period of 12 months. Because residential letting is exempt, the rent itself does not count towards that figure.
That cuts both ways. A landlord with only residential rent may never need to register, however large the rent roll. A letting business with substantial management fees or commercial rent may cross the threshold on those alone. Track taxable supplies separately each month so you notice in time.
When to ask a tax adviser
Take advice when:
- the property mixes residential and commercial use;
- you provide services with the letting, such as furnished short stays, cleaning or meals;
- you are close to the registration threshold on your taxable income;
- you incur significant VAT on costs and want to know what can be claimed;
- the Act's schedules are amended.
Kenyan businesses also meet a few defaults in Achekam that were built for South Africa, covered in South African defaults in Nigerian and Kenyan workspaces.
Review this month's invoices, confirm every residential rent line is coded exempt on the Accounting invoice form, and list your other income lines for a conversation with your adviser.
General guidance only, not advice on your own circumstances. Tax and payroll rules change: check the current position with the authority or your adviser.