Question Tag: Non-Residential Premises

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A resident person who makes a payment to another resident person in respect of the rental of residential or non-residential premises is required to withhold tax in accordance with the Income Tax Act, 2015 (Act 896) as amended.

Required:
i) State the taxation principle applicable to rental income and the relevant rates. (5 marks)
ii) Given i) above, how will you treat this transaction, where a resident person makes a payment to another resident person conducting a business of sale or renting of residential or non-residential premises?

i) Taxation Principle for Rental Income and Relevant Rates

  • Rental income received by a resident person from another resident person is subject to withholding tax.
  • The applicable withholding tax rate for residential premises is 8%, while for non-residential (commercial) premises, the rate is 15%.
  • This withholding tax on rental income is treated as a final tax for the recipient, meaning no further tax is charged on the rental income received.
    (5 marks)

ii) Treatment of the Transaction for a Business of Sale or Renting of Premises

  • When a resident person conducts a business involving the sale or renting of residential or non-residential premises, the payment is treated as a supply of services rather than an investment return.
  • In this case, the withholding tax rate is 7.5% on the payment made to the business, and this withholding tax is not final.
  • The withheld tax serves as an advance tax, and the recipient (the business) will still be required to account for corporate tax based on their total income.