High court judge justice Odunga declaration that the minimum tax provisions was unconstitutional and the minimum tax guidelines void,has been received with reactions from netizens.
The judge has also issued an order restraining Kenya revenue authority from implementing, further implementing, or enforcing the provisions of section 12D of the income tax act.
"The minimum tax has not only the potential to subject the people to double taxation but also unfairly targeting people whose businesses, for whatever reason, are in loss making position" Justice Odunga said.
Minimum tax was brought about by cabinet secritary in the ministry of finance honourable Ukur Yatani and supported by national assembly finance committee chaired by honourable Gladys Wanga.
"Those who are able to pay taxes from their profits will not have their capital affected while those genuinely in losses will be sacrificed at the altar of those concealing their profits. That is not how to enact a fiscal legislation" justice Odunga added.
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