kra waiver application letter sample pdf

KRA TAX PENALTY WAIVER APPLICATION GUIDE

A great many people appear not genuine to figure out how to apply for the KRA waiver. The idea of the Kenya Revenue Authority enforcers coming to search for you should make you need to become familiar with the procedure. What a great many people overlook is that filing taxes is a resident’s duty. Be that as it may, when they don’t, it pulls in punishments. For whatever length of time that you have not taken care of those punishments, you owe the government. You can apply for a waiver to have the punishments expelled.

KRA tax penalty is a fine charged based on the failure of a person to file his or her annual returns or failing to pay taxes. Failure to file your returns comes at a cost, which is referred to as tax penalties. A non-compliant taxpayer can request a tax waiver; not to pay certain penalties for a given tax period. A penalty exemption will be granted if reasonable cause exists. Reasonable cause happens from circumstances beyond the taxpayer’s control. Failure to file returns because of cases such as unemployment or sicknesses can provide good cause to seek exemption. However, getting your penalties waived is not a guarantee.

What is a Penalty Waiver?

Most people have been asking, what is a KRA waiver? This is a non-compliant taxpayer request not to pay certain penalties for a certain tax period. A penalty exemption will be granted if reasonable cause exists. Reasonable cause happens from circumstances beyond the taxpayer’s control.

How to know if you have a KRA penalty

To know whether you have a KRA penalty, just log into your KRA iTax account; under ‘Debt and Enforcement’, click on ‘Request for Waiver of Penalties and Interests’. Under ‘Details of waiver’, click on ‘Tax obligation (Income Tax Resident Individual)’ and then on ‘Tax type’ select ‘Penalty’.

Requirements for KRA waiver application

The following requirements are needed to apply for a tax penalty waiver on the KRA iTax portal.

• KRA PIN and iTax password to enable you to log into the KRA iTax portal
• KRA waiver letter outlining the reasons why you require the penalties to be waived

How do I get a KRA penalty waiver?

You may have genuine reasons that would get you cleared from Kenya Revenue Authority penalties. However, the question that comes in most people’s minds is, ‘How do I request a KRA waiver?’

You must remember the email address that you had used while doing your Kenya Revenue Authority PIN registration. This will help you retrieve your Kenya Revenue Authority PIN much easier. Below is a procedure that you should follow on while applying for a Kenya Revenue Authority penalty exemption:

1. Open the official  KRA website 2. Enter your Kenya Revenue Authority PIN into the PIN box and click continue 3. Then enter your ‘PIN’s password. Key in the arithmetic sum of the security stamp and log in 4. Then click on the menu labeled Debts and Enforcement 5. Then click on Apply for Waiver for Penalties and Interests 6. Choose Applicant Type as Taxpayer, which is the KRA waiver application letter or in other words KRA waiver application form or simpler term the KRA waiver form. 7. Then click on Tax Obligation, e.g. Income Tax Resident Individual or VAT. This is an example of a KRA waiver letter, just in case you were worried about where you would get a KRA waiver application letter sample or template. 8. Select tax type from the options given: ”Penalty”, ”Interest” or both. 9. Finally, choose each year that a penalty exists and enter the value you wish to request for exemption. 10. Then click submit to upload the document for a waiver application.

Follow through the whole procedure and ensure that you key in all the essential required details, being keen on each gap that you need to fill into.

How to write a KRA waiver letter

KRA waiver letter is a document/letter address to KRA stating the reasons why you need the penalties imposed on you for the late filing of returns to be removed or simple terms waived. KRA waiver processing is a structured process that needs to be validated by an officer before the waiver is approved or rejected. Besides, it is not guaranteed. It can be rejected. The processing of the waiver takes 90 days. There is no specific format for writing the waiver letter. You just need to write a compelling reason(s) why the penalty occurred.

Further, in your letter, you also need to justify why you are requesting a waiver. The waiver letter is normally addressed to the station manager, where your waiver application will be processed. The KRA station is written on the PIN certificate. You can also follow up with your tax station on the progress of the application. Kindly note that your reasons for not filing the returns on time are what will determine whether the KRA waiver application will be approved or not.

The Dangers of not Applying for Tax Exemption

It is now clear to you as to why you need to apply for the tax exemption. Failure to do so will only mount to huge amounts of money that you will owe the government. As long as you applied for the Kenya Revenue Authority PIN, it is your responsibility to ensure that you file your returns annually before the tax authorities given the deadline. This is regardless of whether you file nil returns. Penalties are charged on the total amount of tax due.

Initially, before the digitization of the Kenya Revenue Authority system, your only chance for applying for an exemption meant that you had to go queue up. The disadvantage of going to the KRA offices to apply for an exemption was that your luck depended on how well you convinced the KRA official. It was not a promising procedure, but it was the only way. However, things have changed, and with digitization, the process can be done at the comfort of your home or cyber.

The reason why most people do not how to get exemptions is that a large number is ignorant of the information available. This mostly is seen in young citizens, especially those between the 20s and 30s. To some, it is easier and faster to apply for a Kenya Revenue Authority PIN, but it seems like a hustle to file returns, which results in penalties. Learning how to apply for the KRA waiver will help you avoid heavy future penalties. Log into your iTax personal account and follow the above procedures of applying for tax exemption. This way, you do not have to worry about living in government debts or having KRA officials looking for you.

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How To Apply For A KRA Penalty Waiver

This article focuses on how to apply for a KRA penalty waiver. KRA imposes penalties on registered taxpayers who fail to comply with the authority’s tax regulations. However, one is allowed to apply for a waiver of penalty or interest where they meet the specified conditions.

All the principal taxes must be fully paid before an application can be lodged for consideration for a waiver. The applicant’s past compliance record is taken into account when processing the waiver application.

For iTax assessments, applications are lodged on iTax through the taxpayer’s profile. For pre-iTax assessments, manual applications are to be presented to the taxpayer’s respective Tax Service Office. All applications should also state reasons why the taxpayer should be considered for a waiver, giving evidence to support each of the reasons.

Grant of waiver is dependent on mitigating grounds presented in the taxpayer’s application. The supporting evidence will depend on mitigating grounds presented in the application. The applications can be followed up with the debt unit offices at the taxpayer’s respective TSO.

How To Apply For KRA Penalty Waiver

1. Go to the KRA website/online portal via www.itax.kra.go.ke.

2. Log in using your KRA PIN and password.

3. Click on debts and enforcement.

4. Click on apply for a waiver of penalties and interests.

5. Applicant information will be automatically populated. You only need to fill in the details of the waiver.

6. Choose the type of tax and tax obligation from the options given e.g Income Tax, Individual or VAT. For the type of tax select penalty, interest or both. Details of the penalty will be auto-populated.

7. Confirm whether you have uploaded the waiver letter.

8. Click submit to upload the waiver application document.

9. Proceed to download the acknowledgement receipt from KRA.

10. The acknowledgement receipt is a confirmation that you have applied for a waiver on penalties. It can also be used to track the status of the penalty waiver application.

Check out: How To Check If You Have KRA Penalties

Zack Abuyeka

I am the third eye.My duty is to keep you updated of the current trends and events happening round the globe.

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Tips on Waiver Application

• 25 October 2022 25 October 2022

What You Need To Know About Getting A Waiver

Sometime back, a friend of mine approached me with some tax issues. He was complaining about some imposed tax penalties for late filing. After listening to his story, I realized that he had no clue about the Kenya Revenue Authority penalty waiver program. In this article, I will dive deeper and explain different dilemmas surrounding the penalty waiver. 

On a few occasions, taxpayers for one reason or the other find themselves in situations where they are not in a position to comply with the strict tax filing deadlines. When this happens, taxpayers get penalized by the Kenya Revenue Authority for either filing late or not filing at all. These penalties continue to accumulate interest over time until payments for them are made.

Late or non-filing could be due to circumstances beyond taxpayers’ control. In such instances, a taxpayer can apply to have these penalties and interests waived. This is done through an application to the commissioner. However, all applications regarding waivers should be well filled with all supporting documents and evidence justified.

waiver application

Kenya Revenue Authority  Waiver application  is an application letter addressed to the commissioner by the taxpayer with detailed reasons why the affected party, here referred to as the taxpayer, needs the penalties imposed either for late filing or non-filing of returns to be uplifted or done away with. Waiver of penalty is provided in the Tax Procedures Act 2015, section 89(7).  However, the section specifies the following conditions:

• The application must be justified with supporting documents and evidence.
• The principal tax must have been paid
• That the taxpayer has been tax compliant on all other taxes

Once the waiver is received, KRA starts processing the tax waiver immediately. In this process, thorough scrutiny of all applications is done to confirm the justification of reasons, and proper required documents are attached in support of each raised reason.

KRA assigns a reference number to all pending waiver applications for tracking and escalation purposes. At this stage, applicants may be called upon to provide more supporting documents to aid their case. This is usually done via email notifications to the respective applicants. Once the notification is received the taxpayer will be allowed 30 days to respond accordingly. It’s crucial to note that waiver supporting evidence also has some strict deadlines and KRA doesn’t accept late evidence. If your waiver application is rejected on such grounds, then KRA will demand all accrued penalties and interest from you as a taxpayer.

Waiver application Evidence

One may ask what kind of evidence should be provided during the application. This depends solely on the tax head. Some of the possible viable reasons include cash flow constraints, errors in input invoice declarations, especially in VAT Auto Assessments (VAA), etc.

The  waiver application process  is one of the initiatives KRA has put in place to ensure qualified taxpayers are successfully granted.  File and pay your taxes  on time to avoid penalties.

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How to apply for KRA waiver

Most people seem not serious to learn how to apply for KRA waiver. The thought of the Kenya Revenue Authority officials coming to look for you should make you want to learn the process. What most people forget is that filing of taxes is a citizen's responsibility. However, when they do not, it attracts penalties. As long as you have not paid those penalties, you owe the government. You can apply for waiver to have the penalties removed.

Kenya Revenue Authority penalty is a fine charged based on the failure of a person to file his or her annual returns, or failing to pay taxes. Failure to file your returns comes at a cost, what is referred to as tax penalties. For most Kenyans who file their returns on the deadline dates, they normally face challenges. These include jamming of the Kenya Revenue Authority system, hence failing to file the returns before due dates. For those looking on how to apply for KRA waiver, its good to know that only those with good reasons as to why they could not file their returns qualify.

How to get your NHIF certificate of compliance in a few simple steps

Failure to file returns because of cases such as unemployment or sicknesses can provide good cause to seek for exemption. However, getting your penalties waived is not a guarantee. Hence, it is better to file your returns before due date, than fixing the results of not filing.

READ ALSO : KRA pin application requirements 2019

What is a penalty waiver?

Most people have been asking, what is KRA waiver? This is a non-compliant taxpayer request not to pay certain penalties for a certain tax period. A penalty exemption will be granted if reasonable cause exists. Reasonable cause happens from circumstances beyond the taxpayer's control.

How do I get a KRA penalty waiver?

You may have genuine reasons that would get you cleared from Kenya Revenue Authority penalties. However, the question that comes in most people's mind is, 'How do I request a KRA waiver?'

It is important that you remember the email address that you had used while doing your Kenya Revenue Authority PIN registration. This will help you retrieve your Kenya Revenue Authority PIN much easier. Below is a procedure that you should follow on while applying for a Kenya Revenue Authority penalty exemption:

How to file your tax returns through the KRA iTax portal

1. Open the official KRA website

2. Enter your Kenya Revenue Authority PIN into the PIN box and click continue

3. Then enter your 'PIN's password. Key in the arithmetic sum of the security stamp and log in

4. Then click on the menu labelled Debts and Enforcement

5. Then click on Apply for Waiver for Penalties and Interests

6. Choose Applicant Type as Taxpayer, which is the KRA waiver application letter or in other words KRA waiver application form or in simpler term the KRA waiver form.

7. Then click on Tax Obligation, e.g. Income Tax Resident Individual or VAT. This is an example of KRA waiver letter, just in case you were worried about where you would get a KRA waiver application letter sample or template.

8. Select tax type from the options given: ''Penalty'', ''Interest'' or both.

9. Finally, choose each year that a penalty exists and enter the value you wish to request for exemption.

Easy guide on how to file KRA returns 2019 in Kenya

10. Then click submit to upload document for waiver application.

Follow through the whole procedure and ensure that you key in all the essential required details, being keen to each gap that you need to fill into.

The dangers of not applying for tax exemption

It is now clear to you as to why you need to apply for the tax exemption. Failure to do so will only mount to huge amounts of money that you will owe the government. As long as you applied for the Kenya Revenue Authority PIN, it is your responsibility to ensure that you file your returns annually before the tax authorities given deadline. This is regardless of whether you file nil returns. Penalties are charged on the total amount of tax due.

READ ALSO : KRA hired DCI detectives as interns to bust corrupt employees

Initially, before the digitisation of the Kenya Revenue Authority system, your only chance for applying for an exemption meant that you had to go queue up. The disadvantage of going to the KRA offices to apply for an exemption was that your luck depended on how well you convinced the KRA official. It was not a promising procedure, but it was the only way. However, things have changed, and with digitisation, the process can be done at the comfort of your home or cyber.

How to file KRA returns if not employed or a student

The reasons as to why most people do not how to get exemptions is because a large number is ignorant of the information available. This mostly is seen in young citizens, especially those between the 20s and 30s. To some, it is easier and faster to apply for a Kenya Revenue Authority PIN, but it seems like a hustle to file returns, which results to penalties. Learning how to apply for KRA waiver will help you avoid heavy future penalties. Log into your iTax personal account and follow the above procedures of applying for tax exemption. This way, you do not have to worry about living in government debts or having KRA officials looking for you.

READ ALSO : 75 KRA staff interdicted for allegedly aiding tax evasion, taking bribes

Source: TUKO.co.ke

Grace Waruguru (Lifestyle editor) Grace Waruguru is a lifestyle reporter and holds a Bachelor's degree in Communication (Public Relations) from Daystar University, Kenya (Class of 2010). She has over 4 years of experience in article writing and digital media content creation for various local and global brands. Currently based in Nairobi, Kenya, Grace started working at Tuko.co.ke in October 2020 and as a content creator at Brand2D (June 2022 - May 2023). In 2023, Grace finished the AFP course on Digital Investigation Techniques. Email: [email protected]

KRA Waiver Request Letter Template for Tax Penalty and interests

When a taxpayer; either a business or an individual fails to file their KRA Tax returns on time, they are penalized. The Penalties are debited in the taxpayer’s KRA account and they can not get a Tax Compliance certificate until they are paid. A taxpayer is required to write a letter to the commissioner requesting a waiver on the penalties for consideration when they need to apply for a tax compliance certificate. You can download this Draft letter and edit it .  

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Comprehensive guide on how to apply for tax penalty waivers from KRA

Sometimes taxpayers find themselves unable to meet their tax obligations on time and end up facing penalties

Kenyan taxpayers occasionally face penalties and interest due to delays in paying taxes or filing returns.

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Fortunately, the Kenya Revenue Authority (KRA) offers a pathway to alleviate these financial burdens by applying tax waivers.

When taxpayers are unable to meet their tax obligations on time, they may apply to the Commissioner for the remission of penalties and interest incurred as a result.

However, it's crucial to note that waivers only apply to penalties and interest, not the principal tax amount, which must be settled in full.

It is also important to recognise that penalties and interest stemming from fraud or tax evasion are not eligible for waiver consideration.

Differences between tax waivers and tax amnesty

While tax waivers allow for the application of penalty and interest remission upon full payment of the principal tax, tax amnesty initiatives are periodic and targeted efforts aimed at specific objectives, often guaranteeing a percentage waiver of penalties and interest based on prescribed conditions.

READ: 3 special groups exempted from paying income tax in Kenya [Qualifications]

Qualifying for a waiver application

Before applying for a waiver, all principal taxes must be fully paid. Additionally, taxpayers must demonstrate compliance with other tax obligations, including timely filing and payment.

The applicant's past compliance record plays a significant role in the assessment of their waiver application.

Application process

For taxpayers using the iTax system, applications are submitted through their iTax profiles.

For assessments conducted before the implementation of iTax, manual applications should be presented at the taxpayer's respective Tax Service Office (TSO).

All applications must clearly state the reasons why the taxpayer should be considered for a waiver, accompanied by evidence supporting each reason.

READ: 9 types of taxes imposed on Kenya's fuel

Supporting evidence requirements

The type of supporting evidence required depends on the mitigating grounds presented in the application.

Handling erroneous penalties and interest

Taxpayers can request the removal of erroneous penalties and interest by submitting applications to the Debt Office in their respective TSOs.

The application is reviewed, and if it meets the requirements, the erroneous penalties and interest are reversed by established procedures.

Following up on applications

1. Tracking Progress Taxpayers can follow up on their waiver applications with the Debt Unit offices at their respective TSOs.

Receiving decision notifications

Upon processing a waiver application, KRA notifies taxpayers of the decision.

For iTax applications, notifications are sent via email to the taxpayer's registered address. For pre-iTax assessments, notifications are sent via postal mail, with scanned copies also emailed to the taxpayer.

READ: How KRA's access to bank, NTSA, school data could change everything for Kenyans

Responding to decisions

If a waiver application is partially granted or declined, taxpayers must adhere to the decision.

Any amount not waived must be paid within the specified period outlined in the notification issued by KRA.

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How to Write KRA Waiver Letters

• Tax Services

• November 21, 2017 July 4, 2024

How to Write KRA Waiver Letters 

How to Write KRA Waiver Letters: Instead of applying for a KRA waiver using iTax, one may opt to write a KRA waiver letter. The writing process is quite straightforward, given that there is no specific format that one has to follow. All one needs to do is have valid reasons why the penalties occurred and why they are requesting a waiver. These reasons must be realistic and practical. Sometimes people tend to be dramatic, which can make them miss out on the waivers.

  Do you need help with any of the concepts discussed above? If so, then contact us at Dennykins Associates . We are one message away from helping you put an end to your taxation nightmares. 

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