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Republic vs Commissioner of Income Tax, Ex-parte SDV Transami (Kenya) Limited [2005]

Royalty Payment

For a payment to qualify as a royalty;

    1. it should have been made as a consideration;
    2. it should relate to the use of or the right to use a property; and
    3. the property should be within those identified under Section 2 (a) to (d) in the definition provided in the ITA.”

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