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List of Tax Exemptions NGO’s Will Enjoy in New Law

Non-Governmental Organizations (NGOs) in Kenya are bracing themselves for a shift in the landscape of support as the country prepares to implement the Public Benefit Organizations (PBO) Act.  

Set to be enforced starting May 14, this legislation marks a great moment for NGOs and other such entities operating within the nation.

Interior CS Kithure Kindiki made the announcement, pointing out the transformative potential of the new law. 

Emphasizing its role in streamlining the registration process for PBOs, Kindiki underlined the Act’s commitment to transparency and fairness. 

“By reducing administrative discretion and ensuring a clear framework for registration, the law aims to eliminate arbitrary hurdles and provide a level playing field for civil society organizations,” Kindiki stated.

NGOs
President William Ruto with UN Secretary General Antonio Guterres. PHOTO/RUTO

Tax Exemptions and Benefits NGOs are Set to Enjoy

One of the most significant aspects of the PBO Act is its array of tax exemptions and benefits for registered organizations. 

These include exemptions from income tax on membership subscriptions, donations, and grants, as well as on income generated from specific activities when wholly dedicated to supporting the organization’s public benefit objectives. 

Moreover, NGOs stand to benefit from exemptions on interest, dividends, stamp duty, and court fees, easing their financial burdens and enabling them to focus more resources on their mission-driven initiatives.


Also Read: How NGOs and Civil Society Promote Social Justice in Kenya


List of Tax Exemptions

Central to the PBO Act are the extensive tax exemptions and benefits it offers to registered organizations. These include:


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  1. Exemption from income tax on income received from membership subscriptions, donations, or grants.
  2. Exemption from income tax on income acquired from the active conduct of income-producing activities if the income is wholly used to support the public benefit purposes for which the organization was established.
  3. Exemption from tax on interest and dividends on investments and gains earned on assets or the sale of assets.
  4. Exemption from stamp duty.
  5. Exemption from court fees.
  6. Preferential treatment under value-added tax (VAT) and customs duties for imported goods or services used to further public benefit purposes.
  7. Incentives for donations by legal and natural persons.
  8. Employment tax preferences.
  9. Special tax incentives for donations to form endowments, prudent investment policies, etc.

NGOs Avenues for Collaboration and Partnerships

In addition to tax benefits, the Act opens doors to direct government financing for PBOs collaborating on public projects.

Budget subsidies, grants earmarked for specific purposes, and contractual opportunities offer avenues for partnership and resource mobilization.

Furthermore, registered organizations gain preferential treatment in public procurement processes, enhancing their capacity to secure contracts and contribute meaningfully to national development initiatives.


Also Read: Ruto Goes After NGOs Receiving Millions from Donors


The Act also emphasizes the importance of information sharing and capacity building.

By providing access to relevant training courses and facilitating participation in policy processes, the government aims to empower PBOs to engage effectively in decision-making and advocacy efforts.

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NGOs
Civil Society and NGOs demonstration marches. PHOTO/COURTESY

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William Abala

Based in Nairobi, Kenya, William Abala is an environmental Journalist, climate reporter, and fact checker with four years of professional experience in climate change, rural livelihoods, and land use change. He is also passionate about governance, politics and telling the African story that can induce audience attention and invigorate participation and interest in current affairs. He also holds a Bachelor’s Degree in Journalism and Mass Communication (First Class Honors) from Chuka University, Kenya, and is currently pursuing his Master’s Degree in Journalism and Mass Communication, majoring in Environmental Journalism.

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