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Paula Kendi Weru vs Commissioner of Legal Services & Board Coordination Department

Tax Point for Capital Gains Tax

the Appellant argued that she was unfairly assessed on grounds that the Respondent asserted that the transfer of the property occurred on 30th January, 2023, warranting a 15% CGT. However, the Appellant maintained that the accurate transfer date is 3rd November, 2022, a crucial distinction that would subject the transaction to a lower rate of 5% as per the applicable regulations The Tribunal found that the tax point for payment of Capital Gains Tax was as provided under the then paragraph 11A of Eighth Schedule to the Income Tax Act, which provided that the due date for tax payable in respect of property transferred shall be on or before the date of application for transfer of the property is made at the relevant Lands Office. Accordingly, the Tribunal found that the Appellant in the instant appeal discharged her CGT obligations in compliance with the then applicable law and the Respondent erred in determining the applicable tax point for the Appellant.

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