Turnover Tax or Regular Income Tax: Which Regime Is Right for Your Business?

One of the most consequential decisions a growing Kenyan business makes is also one of the least understood: which income tax regime applies to you, and where you have a choice, which one actually saves you money.

Get it right and you keep more of what you earn with less paperwork. Get it wrong and you either overpay tax for years or find yourself on the wrong side of KRA. Let us break it down in plain terms.

1. What Turnover Tax is

Turnover Tax, commonly called TOT, is a simplified regime designed for small and medium businesses. Broadly, it applies to resident persons whose gross annual turnover falls above KES 1 million but does not exceed KES 50 million.

The defining features are simplicity and the tax base. TOT is charged as a small percentage of your gross sales, currently 1.5 percent, with no deductions for expenses. You file and pay monthly by the 20th of the following month, and that is largely it. No complex computations, no capital allowances, no arguments about which expenses are allowable.

Note that rates and thresholds in this area have changed several times through recent Finance Acts, so always confirm the current figures on the KRA website or with your advisor before making decisions.

Certain income is excluded from TOT regardless of turnover, including rental income, management and professional fees, and income already subject to final withholding tax. If your business falls in these categories, the regular regime applies to that income.

2. What the regular regime looks like

Under the standard income tax regime, you are taxed on profit, not sales. You take your gross income, deduct all expenses wholly and exclusively incurred in producing that income, and pay tax on what remains. Companies pay corporation tax at 30 percent of profit. Sole proprietors and partners declare business income in their individual returns and pay at the graduated individual rates.

The regular regime demands proper books of account, supporting documents for every expense, and more involved filing. In return, it recognises the reality that businesses have costs.

3. The arithmetic that should drive your decision

Here is the heart of the matter. TOT taxes sales. The regular regime taxes profit. Which one costs you less depends entirely on your profit margin.

Take a business with annual sales of KES 12 million.

If it is a consultancy with low costs and a profit of KES 6 million, TOT at 1.5 percent of sales would be KES 180,000. Under the regular regime, tax on KES 6 million of profit would run into the millions. TOT is a clear winner.

Now take a general trader with the same KES 12 million in sales but thin margins, making a profit of only KES 400,000. TOT would still be KES 180,000, calculated on sales regardless of the struggle to make them profitable. The regular regime would tax only the KES 400,000 profit, which works out cheaper. And if the trader made a loss, TOT would still be payable in full, because TOT does not care whether you made money.

The rule of thumb is this. High margin businesses, especially services, tend to benefit from TOT. Low margin and loss-making businesses are often better off under the regular regime, where expenses count and losses matter.

4. You may have more choice than you think

Many owners assume the regime is fixed by law with no say on their part. In fact, a person who qualifies for TOT can elect in writing to the Commissioner not to be taxed under TOT, and instead fall under the regular income tax regime. This election is a genuine planning tool for businesses whose cost structure makes TOT expensive.

The reverse is also worth watching. If your turnover is approaching the upper threshold, plan the transition to the regular regime early rather than discovering mid-year that your obligations have changed.

5. Do not forget VAT sits on top

A common confusion is mixing up TOT and VAT. They are separate taxes. TOT is a form of income tax. VAT is a consumption tax on your sales of taxable goods and services. If your taxable supplies reach KES 5 million a year, you must register for VAT even if you remain on TOT for income tax purposes. That means monthly VAT returns, eTIMS invoicing, and charging 16 percent VAT to your customers, alongside your TOT obligations.

6. Practical takeaways

Know your margin, because it determines which regime is cheaper for you. Confirm the current TOT rate and thresholds before deciding, since these change through Finance Acts. If you have elected TOT, keep an eye on the VAT threshold separately. If your costs are high or you are in a loss position, ask a professional whether opting out of TOT makes sense. And whatever regime you are in, file and pay on time, because penalties erase any savings clever planning achieves.

7. The bottom line

The right tax regime is not a matter of luck or default. It is a calculation, and for many SMEs it is one of the highest-return calculations they will ever do. An hour spent reviewing your numbers can save you hundreds of thousands of shillings a year.

If you would like Sparkline to review which regime suits your business, or to handle the election and filings on your behalf, get in touch. It is exactly the kind of work we do every day.

This article is general information, not professional advice. Tax rates and thresholds change through annual Finance Acts. Contact Sparkline for advice specific to your situation.