The Finance Bill for Kenya 2024 – How Can Your CFO Help Plan Against Tax Legislation

Picture of Nehal Shukla
Nehal Shukla

Executive Summary


The Finance Bill for Kenya 2024 has caused headlines internationally as Gen Z are taking to the
streets in protest. Although some parts of the legislation have been dropped given public
pressure, such as the tax on bread and motor vehicles, but there are parts that are remaining and
will cause companies to make some tough financial and operational decisions. For example,
pension contribution is increasing by KES 10,000 per person. If you have a staff of 100 people, this
means an additional KES 1,000,000 that you need to cut from somewhere in your budget. It all
adds up quite fast.


This article discusses how a Fractional/Part-time CFO can help you with plan against
punitive/unplanned tax legislation.


Legislation Financial Impact Roadmap


Step 1 – Understand the Damage


Hire a fractional tax advisor to help you understand what aspects of the updated Finance Bill
apply to your company. Although CFOs are able to implement tax changes within the company’s
larger financial infrastructure, they should not be left alone to decipher tax legislation as
something could be missed.


Step 2 – Budget Review & Scenarios


Your CFO will then start a budget review and apply the necessary changes based on taxes. After a
feasibility study, there could be several budget scenarios that the CFO will recommend – for
example, scenario 1 could be an increase in prices of goods and services to cover the additional
taxes, scenario 2 could be laying off non-essential staff (which can also come at a cost), and
scenario 3 could be a combination of the two.


Step 3 – Board Approval


Once management decides which scenario to go with, board approval will be required as several
changes will result as a consequence. The CFO will present the scenario to the Board as well as
the implementation plan.

Step 4 – Sensitization Workshops among Impacted Staff


Once the Board approves the plan, the CFO can organize a workshop to let impacted staff
members or heads of departments know what is in store.


Step 5 – Implementation


Implementation will require careful planning and often times a phased approach. Your CFO can
lead this and manage this change.


Step 6 – Monitoring & Evaluation


After successful implementation, the CFO will then closely monitor actuals vs budget to ensure
that the company is on track to being financially solvent.


The Pros and Cons of Offshore Entities


Due to many African countries having extremely punitive taxes, several companies will work with
Fractional CFOs who have experience in setting up and managing offshore entities.


Note that the setting up of an offshore entity should not be taking lightly and requires a lot of
research as many countries are moving from being grey listed by the FATF to white listed (such as
Mauritius).


Pros of having an offshore entity include: tax savings, being able to reach clients in several
jurisdictions without worrying about tax treaties.


Cons of having an offshore entity include: setup cost can be quite steep so you will need upfront
capital and you now have to manage 2 entities including compliance in 2 different places.
Delaware is a popular offshore entity choice for many startups and SMEs on the continent, but it
does involve quite a lot of filings so ensure you have the right support in place before registering
to avoid penalties and fines across different jurisdictions.


ProChange African can help you identify the right offshore entity if you decide this is the way to
go.


What if your Company Can’t Afford a Full-Time CFO?


Fractional CFO services are starting to gain traction around the continent. One leading firm in this
area is ProChange Africa, which offer hourly, daily, weekly, and monthly CFO rates as well as
fractional tax consultancy services as well. The best thing about their approach is value add at all
levels and the CFO will also be matched with your company based on industry experience. If you are unable to afford a fractional-CFO, consider onboarding a fractional-finance manager,
which is also offered by ProChange Africa. Some financial visibility is better than no visibility.
Check out their website: www.pro-change.co and schedule a meeting with a financial expert
today.

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