What is taxable
Kenya levies Capital Gains Tax at 15% on the net gain from disposal of:
- Land and buildings (including residential and commercial property)
- Unlisted shares
- Other capital assets per Income Tax Act
What is exempt
- NSE-listed shares (for retail investors)
- Property transferred between spouses or to children
- Property transferred for purposes of administering an estate
- Disposals of agricultural land below specified value thresholds
- Sale of principal residence held for at least 3 years (subject to KRA conditions)
Allowable deductions
From the gross gain, you can deduct: original acquisition cost, costs incurred to enhance the asset (renovations, additions), legal fees on acquisition and disposal, stamp duty, agent commissions. Keep all receipts and contracts; KRA can request documentation.
How to pay
CGT is filed with the property transfer in the Lands office. Conveyancing lawyer typically handles the iTax filing and payment via KRA paybill 572572. Pay before transfer is registered, the registry will not move the property without proof of CGT payment.