Chapter number:
In-force:
CHAPTER 184
THE FINANCE ACT (No. 1), 1996.
Arrangement of Sections.
Section
Construction of this Act.
Amendment to section 2.
Amendment to section 28.
Amendment to section 106.
Amendment to section 108.
Miscellaneous fines and penalties.
Schedule
Schedule Penalties and fines amended.
CHAPTER 184
THE FINANCE ACT (No. 1), 1996.
Commencement: 16 June, 1995.
An Act to provide for the alteration of certain taxes and duties and to
amend certain written laws relating to those taxes and for other
purposes connected with the above.
1. Construction of this Act.
This Act shall be read as one with the East African Customs and Transfer Tax Management Act, in this Part referred to as the Act.
2. Amendment to section 2.
The Act is amended in section 2 by substituting for subsection (2)(a) the following—
“(a) goods shall be deemed to be entered when the entry made and signed by the owner in the prescribed manner, is lodged and has been processed by the proper officer”.
3. Amendment to section 28.
The Act is amended in section 28—
(a) by substituting for subsection (1) the following—
“(1) Save as otherwise provided in the Customs laws, the whole of the cargo of any aircraft or vessel which is unloaded or is to be unloaded, shall be entered by the owners within a period of twenty-one days after the commencement of discharge either for—
home consumption;
warehousing;
transhipment;
export ex-warehouse;
removal to another warehouse;
use as stores for aircraft or vessels; or
re-warehousing.”;
(b) by inserting immediately after subsection (4) the following new subsections—
“(5) Where goods are entered for home consumption and are liable to taxes, payment of taxes should be effected within a period of forty-five days.
(6) A person who contravenes subsection (5) is liable to payment of a fine of 1% of the taxes assessed to be paid.”.
4. Amendment to section 106.
The Act is amended in section 106 by deleting the proviso occurring in subsection (1).
5. Amendment to section 108.
The Act is amended in section 108 by substituting for subsection (2)(c) the following—
“(c) the rate of exchange to be used in determining the equivalent of the Shilling in foreign currency shall be— (i) the weighted average selling rates of the previous
month’s exchange rates for the purpose of imports;
and (ii) the weighted average buying rates of the previous
month’s exchange rates for the purpose of exports.”.
6. Miscellaneous fines and penalties.
The fines and penalties specified under the second column of the Schedule to this Act are substituted for the fines and penalties appearing in the section indicated in the first column.
Schedule.
s. 6.
Penalties and fines amended.
|
Section
|
Penalty or fine
|
|
19(2)
|
Fine not exceeding one hundred thousand shillings
|
|
31(2)
|
Fine not exceeding fifty thousand shillings
|
|
71(2)
|
Fine not exceeding two hundred thousand shillings
|
|
80(3)
|
Fine not exceeding 200% of the value of such deficiency or surplus in cargo or stores
|
|
87(2)
|
Fine not exceeding one million shillings
|
|
89(2)
|
Fine not exceeding five hundred thousand shillings
|
|
145(c)(i)
|
Fine not exceeding three million shillings and any vessel and goods in respect of which such offence has been committed shall be liable to forfeiture
|
|
145(c)(ii)
|
Fine not exceeding five million and liability to forfeiture
|
|
145(c)(iii)
|
Fine not exceeding five million and liability to forfeiture
|
|
146
|
Imprisonment for a term not exceeding five years or to a fine equal to ten percent of the CIF value of the goods or to three times the duty and taxes, whichever is greater or to both such fine and imprisonment
|
|
151
|
Fine not exceeding shillings two hundred thousand and liability to forfeiture
|
|
152
|
Fine not exceeding shillings two hundred thousand and liability to forfeiture
|
|
168(1)(a)
|
One hundred thousand shillings
|
|
168(1)(b)
|
Four hundred thousand shillings
|
|
168(1)(c)
|
Four hundred thousand shillings
|
|
174
|
Substitute for shillings ten thousand shillings five million whenever it occurs
|
|
186(2)
|
Fine not exceeding two hundred thousand shillings
|
History: Statute 9/1996; Act 3/1996, ss. 9, 11; Act 1/1999, ss. 16, 17; Act 7/1999, s. 17.
Cross Reference
East African Customs and Transfer Tax Management Act, Laws of the Community, 1970 Revision, Cap. 27.