sestdiena, 2022. gada 12. februāris

Tax Stories E20 - Edward Mwachinga (Kenya) & Theophilus Tawiah (Ghana) – Africa is Rising

 

Giving back to the community

I had a lot of respect for my guests right at the start of the conversation when they told about their community work they do besides the work. How many of us can tell that one is at the board of a school or sponsoring a football club (Green Eagles)?

On happiness and motivation

It appears the tax lawyers in Africa are not that different from the ones in the other continents – the are happy, if they make other people happy, and they get pumped up to do more by getting energy back from the ones they are helping – a golden circle of energy. Also teaching at a university, family support, client success due to a tax advice are some of the proof of the circle.

African literature suggestion

If you are a bit tired of the Western literature, a valuable suggestion by Edward for your reading table was Ngũgĩ wa Thiong'o from Kenya who wrote many of his books in English. Edward suggested to start with a book Petals of Blood[1]. The Goodreads page has an inrigueing description of the book: “..as the intertwined stories of the four suspects (of a tripple-murder) unfold, a devastating picture emerges of a modern third-world nation whose frustrated people feel their leaders have failed them time after time. First published in 1977, this novel was so explosive that its author was imprisoned without charges by the Kenyan government. His incarceration was so shocking that newspapers around the world called attention to the case, and protests were raised by human-rights groups, scholars, and writers..”.  

Coffin Dance

Everybody knows the music video about the Coffin Dance. On youtube it might be one of the most watched videos. The video went viral when a lady named Elizabeth's mother died in Ghana. Her mother's last wish was that the men carrying her coffin must dance in a special style. While the men were dancing carrying the coffin, a relative of the deceased filmed it and uploaded it on the youtube. In Ghana there is also a tradition of sort of coffin art – they are sometimes made in a form of some animals, etc. Theo nicely related also the story to tax authorities.

Viva Africa Consulting, Kenya

Edward started his law firm in Kenya in 2009 with 3 other partners from Deloitte. Now, in 12 years the firm has grown to 30 pure tax professionals! The firm is well known for corporate and transaction structuring. Edward also praised the level of competence of the tax authorities in Kenya. His one of the main guiding principles of developing the business is – in addition to an excellent advice the client must have a good experience with the firm – people don’t forget how you treated them.

WTS Nobisfields, Ghana

Theo adds that his firm is in a comparably unique position in Ghana covering both legal and tax services. About 98% of their clients are multinationals having a business in Ghana. His firm was established in 2016 and it has grown to 12 people already. Both are a part of WTS Global international tax network. Theo stressed trust by clients and employees as his key to success. Edward believes his firm can give a proper guidance across many of the East African countries.

No tax rankings

Both Theo and Edward confirmed my suspicions that there are no rankings on internet of tax firms in Kenya and Ghana. Just to a certain extent – World Tax by the International Tax Review, but both believe their firms would be in the Tier 1 in their respective countries.

WTS.com in Africa

The tax network covers 35 countries out of 50 of the African continent. If tax advice is needed in the other 15, Edward and Theo are sure they will be able to provide proper contacts, so they already now were sure that businesses from other continents through the network member firms can receive quality tax advice across the whole continent.

Industries

As Kenya is concerned Edward highlights fintech and mobile money, tourism and telecoms as three main industries of the country – the telecoms cover more than 30 mil. users in a country of 50 mil. Kenya has emerged as a global leader in the development of mobile money. For Ghana Theo highlighted financial services, telecoms, oil & gas and manufacturing, especially agro-processing is on the raise, also mobile & electronic money is wide-spread – by volumes they are competing with banks.  

Ghana Tax Incentives

Ghana offers nice tax incentives for manufacturers operating in free zones – no corporate tax for the first 10 years on profits and dividend distributions. Free zones are based on a license, not a specific place within the country – 70% of the production should be exported. Also there are no indirect taxes for such manufacturers for making procurement or importation. There is also a 5 year tax holiday for agro-processing companies. For larger projects the government can give the investor a tax waiver for a certain amount of tax not payable. Ghana has introduced Independent Tax Appeals Board.

Kenya Tax Incentives

Regarding Kenya Edward highlighted that the tax authorities are digitally advanced, so a lot of functions can be done online by taxpayers. And it is what not oly Edward says - in the book by the Tax Stories previous guests Michael Keen and Joel SlemrodRebellion, Rascals and Revenue” it’s said that Estonia has achieved remarkable things by using technology to improve tax collection, and so does Kenya. Kenya already in 2019 introduced real-time invoicing. In Europe many countries still struggle to manage that.

There is a special economic zone in Kenya as well. The corporate tax of 10% for the first 10 years applies there, and then 15% for the next 10 years. In those zones the withholding tax on passive income (management fees, dividends, interest, royalties) is reduced from 10% to 5%. The stamp duty on transferring the title to the land and some other municipal charges have been abolished for companies operating in the zones. Both Edward and Theo mentioned an accelerated depreciation among the tax incentives also outside the zones – in the general regimes. Finally, it is worth noting that more than 130 countries agreed to OECD Pillar 1&2 deal, but Kenya so far didn’t.  


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