Paper 16 (S1): Advanced Taxation

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About Course

The Professional courses are administered at Foundation, Intermediate and Advanced Levels. Each level requires an average of one year, though candidates are advised to provide for an additional one year to meet requirements for internship/ practical experience.

A student must book for a minimum of three papers in a level in any order unless is exempted or has credits.

Prior to certification, candidates will be required to:

  • Attend workshops on ethics, soft skills and emerging issues organised by kasneb and ICPAK and earn IPD hours.
  • Obtain 1-Year practical experience, or alternatively attend workshops on work based simulation organised by kasneb and ICPAK.

This course is aimed at persons who wish to qualify and work or practice as professional accountants, auditors, finance managers, tax managers and consultants in related areas in both public and private sectors.

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Course Content

Overview

1. Taxation of business income (partnerships)

2. Taxation of business income (limitted liability company)

3. Value added tax administration
3.1 Obligations of a taxable person and offences relating to VAT 3.2 Value added tax computation 3.3 Restriction of input tax claimable 3.4 Imported services and VAT withholding agents 3.5 VAT refunds and bad debt relief computation 3.6 VAT Accountant certificate 3.7 Value added tax automated assessments 3.8 I tax significance and application in value added tax administration 3.9 Application of relevant case law

4. Tax investigations
4.1 Tax fraud 4.2 Civil and criminal tax investigation 4.3 Events which may trigger an investigation 4.4 Back duty and in-depth examination 4.5 Customs and excise investigations 4.6 Negotiation for settlement: Tax amnesty, Tax Penalties and Enforcement for outstanding taxes 4.7 Types of tax audit and their significance 4.8 Application of relevant case law

5. Tax dispute resolution mechanism
5.1 Tax disputes 5.2 Stages of tax dispute resolution process 5.3 Tax dispute resolution process cycle 5.4 Legal framework and objectives of Alternative Dispute Resolution 5.5 Types of tax disputes eligible for Alternative Dispute Resolution 5.6 Benefits of Alternative Dispute Resolution 5.7 Parties to Alternative Dispute Resolution and their roles 5.8 Issues exempted from Alternative Dispute Resolution 5.9 Alternative Dispute Resolution agreement terms and timelines 5.10 Termination of alternative dispute resolution

5. Tax dispute resolution mechanism
5.1 Tax disputes 5.2 Stages of tax dispute resolution process 5.3 Tax dispute resolution process cycle 5.4 Legal framework and objectives of Alternative Dispute Resolution 5.5 Types of tax disputes eligible for Alternative Dispute Resolution 5.6 Benefits of Alternative Dispute Resolution 5.7 Parties to Alternative Dispute Resolution and their roles 5.8 Issues exempted from Alternative Dispute Resolution 5.9 Alternative Dispute Resolution agreement terms and timelines 5.10 Termination of alternative dispute resolution

6. Taxation of cross border activities
6.1 Distinction between trading in and trading with a country 6.2 Double taxation agreements; theory, design and application 6.3 Regional perspective with reference to the East African Community (EAC) and the Common Market for Eastern and Southern Africa (COMESA) 6.4 Most favored nation status 6.5 Nature, characteristics and significance of One Stop Border Posts (OSBPs) 6.6 Generalized system of preference and AGOA 6.7 Tax havens and treaty shopping 6.8 Tax information exchange agreements (TIEAS) 6.9 Transfer pricing: oecd guidelines 6.10 Application of relevant case law

7. Tax planning
7.1 Tax planning for individuals: By way of Tax exempt activities, transactions that are allowable expenses and transactions attracting tax setoffs 7.2 Tax planning for body corporates 7.3 Identifying opportunities to alleviate, mitigate or defer the impact of direct or 7.4 indirect taxation 7.5 Evaluating remuneration packages 7.6 Tax avoidance and anti-tax avoidance provisions in the tax Act, short-fall distributions of dividends 7.7 Sectoral tax incentives 7.8 Disposal of business operations and restructuring of activities 7.9 Tax risk management

8. Tax systems and policies
8.1 Types of tax systems 8.2 Role of taxation in economic development; tax base expansion, efficiency in tax systems 8.3 Design of a tax policy 8.4 Criteria for evaluation of a tax system 8.5 Tax reforms and modernisation of tax systems under various Acts 8.6 KRA structure – Large Tax Payer and Medium Tax Payer organisations

9. Professional practice in taxation
9.1 Forms of tax practice and matters relating thereto 9.2 Matters relating to new clients 9.3 Handling of client work 9.4 Disclosures in tax returns, computations and correspondence with the Revenue Authority 9.5 Moral and ethical issues in taxation 9.6 Tax agents, appointment, obligations, professional liability 9.7 Cancellation of tax agents license 9.8 Role of tax agents in appeals procedure 9.9 Tax health check

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