All parliamentary appearances
Entries 1241 to 1250 of 1385.
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9 Nov 2006 in National Assembly:
Mr. Temporary Deputy Chairman, Sir, the amendment by the Finance, Planning and Trade Committee reads as follows:- THAT, Clause 4 be amended in paragraph (a) by inserting the following sub- paragraph immediately after sub-paragraph (iA) in item 1A of the First Schedule. November 9, 2006 PARLIAMENTARY DEBATES 3559
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9 Nov 2006 in National Assembly:
Mr. Temporary Deputy Chairman, Sir, my problem is that Clause 16 as proposed in the amendment does not allow for discretion by the Commissioner. What the Minister is trying to do is to give the Commissioner a discretion to prescribe, and I think that is where the trouble is. We have always had a problem of discretions being misused by the Commissioner or the Minister. So, I oppose that proposal to amend Clause 16.
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9 Nov 2006 in National Assembly:
Mr. Temporary Deputy Chairman, Sir, what I want the Minister to explain is Clause 19 because it has to be read in conjunction with Clause 31. Clause 31 of the Bill clearly sets out that the rate of tax in respect of turnover, which is below Kshs5 million, shall be 3 per cent of the gross receipts. When the Minister inserts the words, "that he may, by notice in the Gazette, prescribe rules..." What I am concerned about here is that he can vary that rate any time he wants. That is the concern that I want him to address.
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9 Nov 2006 in National Assembly:
Mr. Temporary Deputy Chairman, Sir, transparency in governance is---
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9 Nov 2006 in National Assembly:
Mr. Temporary Deputy Chairman, Sir, I just want to seek some clarification. Where the Minister would be required to make approvals, he would make some rules. Will those rules be submitted to Parliament for approval? There are concerns that rules are sometimes made to favour certain industries. Could the Minister undertake that these rules will be tabled before this House?
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9 Nov 2006 in National Assembly:
Mr. Temporary Deputy Chairman, Sir, the Departmental Committee on Finance, Planning and Trade is very clear about what it is doing. Mr. Temporary Deputy Chairman, Sir, when he read the Budget Speech, the Minister said that he was introducing Capital Gains Tax. He said that when property is being sold it will have to attract Capital Gains Tax. So, whether or not there is a provision of a rate in a schedule somewhere, that is irrelevant. Mr. Temporary Deputy Chairman, Sir, if Clause 25 is removed, the whole concept of Capital Gains Tax on sale of property will be removed. ...
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9 Nov 2006 in National Assembly:
Mr. Temporary Deputy Chairman, Sir, with regard to the amendment on Clause 26, if you look at page 461 of the Order Paper it states the following: "(h) rental payments in respect of assets leased under a finance lease as defined in the Income Tax (Leasing) Rules, 2002." I just wanted to seek clarification from the Minister whether or not he is introducing a withholding tax for the asset leased. Could he, please, shed some light on this matter.
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9 Nov 2006 in National Assembly:
Mr. Temporary Deputy Chairman, Sir, I want to support the amendment. What Clause 32 is doing is to make the relevant amendment in the Eighth Schedule to give effect to the Capital Gains Tax that has been proposed. So, in that regard, I support the proposal that it should be deleted in its entirety.
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9 Nov 2006 in National Assembly:
Mr. Temporary Deputy Chairman, Sir, because we do not have the Eighth Schedule, could the Minister explain what he intends to do by inserting the words, "and non- commercial" in the clause?
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9 Nov 2006 in National Assembly:
Mr. Temporary Deputy Chairman, Sir, the practice in corporate governance is that you must have an alternate director. If that is what the Minister wants to say, then it should be very clear that it should be the Permanent Secretary or his alternate director, but not his representative. This means that he can send his wife, his brother or anybody. It should be very clear that an alternate director has to be appointed through the same procedure that a director is appointed.
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