18 October 2019

Mauritius - Kenya: Expansion of the Double Taxation Avoidance Agreement (DTAA) network

A Protocol amending the Double Taxation Avoidance Agreement (DTAA) network finalised by Mauritius and Kenya on 10 April 2019, was signed on Wednesday 16 October 2019, in Washington, by the Financial Secretary of the Ministry of Finance and Economic Development, Mr Dharam Dev Manraj. The latter is presently attending the IMF/World Bank meetings. Discussions by technical teams of both parties were successfully concluded in September.

The DTAA will eliminate double taxation and provide greater tax certainty for Mauritian businessmen.  It will make clear the taxing rights of Mauritius and Kenya on all forms of income arising from cross-border economic activities between the two countries.  Mauritian businessmen and investors looking for opportunities in Kenya will benefit from this Agreement as will the Kenyan businessmen and investors looking for opportunities in Mauritius.

The Agreement aims at encouraging greater cross-border investment flows between the two countries. The DTAA will ensure that income derived by investors do not suffer double taxation, and will provide greater tax certainty for businessmen of both countries as it makes clear the taxing rights of Mauritius and Kenya on all forms of income arising from cross-border economic activities.

Moreover, it will enable investors to enjoy more favourable tax rates than what is applied under the domestic law.  The Mauritius-Kenya DTAA will also bring the competitiveness of Kenyan companies at par with other African countries already having a DTAA with Mauritius.

In addition, the Mauritius-Kenya DTAA will offer Kenyan companies with fiscal certainty in their international business operations involving Mauritius. As such, Mauritian businessmen and investors looking for opportunities in Kenya will benefit from this Agreement as will the Kenyan businessmen and investors looking for opportunities in Mauritius.

The DTAA will also provide Mauritius-Kenya tax authorities an effective mechanism to fight tax evasion and other malpractices.

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