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Betting, Lotteries and Gaming Act

69B. Late payment penalty and interest

Edition: 2025-06-20 · Repealed

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69B. Late payment penalty and interest

(1)Subject to subsection (2), a person who fails to pay a tax imposed under sections 29A, 44A, 55A and 59B, on the due date shall be liable—
(a)to a late payment penalty of five per cent of the tax payable; and
(b)to a late payment interest at a rate equal to one per cent per month or part of a month on the amount unpaid for the period until the tax is paid in full.
(2)The late payment interest payable under this section shall be computed as simple interest.
(3)The late payment penalty or interest shall be payable to the Collector and shall be treated as a tax payable by the person liable for the tax.
(4)The accrued late payment interest shall not, in aggregate, exceed the principal tax liability.
(5)A person liable to a late payment penalty or interest may apply in writing to the Collector for the remission of the penalty or interest payable and such application shall include the reasons for the application.
(6)The Collector may, upon an application under subsection (5) or on his own motion remit in whole or in part, late payment penalty or interest payable by a person if satisfied that the remission is by reason of—
(a)consideration of hardship or equity; or
(b)impossibility or undue difficulty or expense, of recovery of tax:
Provided that—
(i)where the amount of the penalty or interest exceeds one million five hundred thousand shillings, the collector shall seek prior approval of the Cabinet Secretary responsible for finance; and
(ii)make quarterly reports to the Cabinet Secretary responsible for finance on the remissions granted.
[Act No. 10 of 2018, s. 57.]
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Source: Kenya Law