KRA Intensifies Housing Levy Compliance Enforcement in the Informal Sector
The Kenya Revenue Authority (KRA) is increasing its efforts
to enforce compliance with the 1.5% Affordable Housing Levy, particularly
targeting the informal sector. This move includes potential freezes on
bank accounts and PINs for non-compliant traders. This newsletter provides
an overview of the situation, potential implications, and recommendations for
businesses and individuals in the informal sector.
Affordable Housing Levy Act:
The Affordable Housing Levy is a mandatory contribution, set
at 1.5% of gross monthly salary for employees, with a matching contribution
from employers. Individuals who are self-employed are also required to pay
1.5% of their gross income. The aim of the fund is to provide money for
the design, development and maintenance of affordable housing, institutional
housing and associated social and physical infrastructure.
The Affordable Housing Act 2024 requires employers to deduct
1.5 percent of gross monthly pay to employees and match the contributions
towards the housing levy.
KRA Enforcement Measures:
To improve compliance, the KRA is planning a crackdown on
defaulters in the informal sector. Measures include:
- Freezing
bank accounts of non-compliant traders.
- Deactivating
PINs, which can prevent individuals from conducting business.
- Deploying
officers for on-site visits to businesses to check for registration and
tax compliance.
Implications for the Informal Sector:
- Financial
Disruption: Freezing bank accounts can severely disrupt the
financial activities of small traders, hindering their ability to transact
and manage their businesses.
- Compliance
Burden: Many informal sector workers may find it difficult to
comply with the levy due to a lack of awareness, financial literacy, and
resources.
- Economic
Impact: The levy could disproportionately affect low-income
earners, potentially exacerbating inequalities.
KRA Guidelines for Compliance:
The KRA has outlined the following guidelines for remitting
the Affordable Housing Levy:
- Employers: Must
deduct 1.5% from the employee’s gross monthly salary and remit it along
with a matching 1.5% contribution.
- Self-Employed
Individuals: Required to remit 1.5% of their gross monthly
income.
- Payment
Deadline: The levy is due by the 9th working day after the end of
the month in which the gross salary was due or gross income was received
or accrued.
- Declaration
and Payment: Employers must declare the AHL under sheet “M” of
the PAYE return on iTax, generate a payment slip under the tax head
“agency revenue” and tax sub-head “Housing Levy” and make payments at KRA
agent banks or mobile money through eCitizen Paybill Number. 222 222 or by
dialing *222#.
Penalties for Non-Compliance:
Failure to remit the levy by the due date will result in a penalty of 3% of the unpaid amount for each month the levy remains unpaid.
Conclusion:
While the Affordable Housing Levy aims to address housing
challenges, its implementation in the informal sector requires careful
consideration to avoid disrupting livelihoods and hindering economic
activities. A balanced approach that combines education, simplified
compliance procedures, and reasonable enforcement measures is essential
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