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Kenya Tax Appeals Tribunal rules certain fund management activities can trigger a PE

|Tax Alerts, Legislation & Policy, National/Federal Taxation, Asset Management|Kenya
Kenya
  • The Kenya Revenue Authority contended that a foreign private equity Fund had a permanent establishment (PE) in Kenya because it carried out its business through the employees of an entity that was incorporated in Kenya.
  • The Tax Appeals Tribunal ruled that the Appellant indeed created a PE for a foreign Fund, and it was liable to corporate income tax on gains derived from sale of shares by the foreign Fund.
  • The judgment highlights the importance of active management of a PE risk by foreign fund man…

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