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Kenya Property Capital Gains Tax Calculator

CGT at 15% on a property sale, after deducting purchase cost, improvements, and legal and agent fees, with net proceeds.

Published

CGT on a property sale including buying and selling transaction costs.

CGT due

Net taxable gain

Net proceeds

Your breakdown

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ItemAmount

Worked example

Take a property bought for KES 8,000,000 and sold for KES 12,000,000. Along the way you spent KES 800,000 on improvements, KES 200,000 on legal fees, and KES 360,000 on agent commission. These allowable costs come off the sale price to find the chargeable gain. The gain is 12,000,000 less the 8,000,000 cost, less 800,000 of improvements, less the 200,000 legal and 360,000 agent costs, which leaves a net gain of KES 2,640,000.

ItemAmount (KES)
Sale price12,000,000
Less purchase cost8,000,000
Less improvements800,000
Less legal and agent fees560,000
Net chargeable gain2,640,000
CGT at 15%396,000
Net proceeds to seller11,044,000

Capital gains tax at 15% of the KES 2,640,000 gain is KES 396,000. After paying the tax and the selling costs, the seller keeps KES 11,044,000 of the sale price. The chart below splits the net gain into the CGT and the part of the gain you keep.

How it is calculated

Kenyan capital gains tax on property is a flat 15% of the net gain, charged on the transfer of land or buildings. The net gain is the transfer value, normally the sale price, minus the adjusted cost. The adjusted cost is what you paid for the property plus the cost of any improvements that added value, plus incidental costs of buying and selling such as legal fees, valuation, and agent commission. If the result is zero or negative there is no chargeable gain and no tax is due. The rate rose from 5% to 15% in 2023, so older guides may quote the lower figure. CGT is payable to the KRA on or before transfer of title, and the buyer cannot register the transfer until it is settled, which is why it is deducted from the seller's proceeds. Certain transfers are exempt or deferred, including a transfer of a private residence occupied for at least three years and some transfers between spouses or because of inheritance, so confirm your case with a conveyancer before relying on the figure.

Frequently asked questions

How is property capital gains tax calculated in Kenya?
CGT is charged at 15% on the net gain, which is the sale price less the purchase price, improvement costs, and the legal and agent fees on both the purchase and the sale. The tax is paid on or before transfer of the title. Listed shares on the NSE are exempt, but land and buildings are not.
Are there any exemptions from capital gains tax on property in Kenya?
Yes. A transfer of a private residence that the seller has occupied for at least three years qualifies for an exemption. Transfers between spouses in some circumstances and transfers by reason of inheritance can also be exempt or deferred. If any of these situations apply, confirm the position with a conveyancer before relying on the full 15% figure.
When does Kenya capital gains tax on property have to be paid?
CGT on a property disposal must be paid to the KRA on or before the date the title is transferred. The buyer cannot register the transfer until the CGT is cleared, so in practice the seller settles it out of the sale proceeds before or at completion. Leaving it unpaid will block the conveyancing process.
What was the Kenya CGT rate on property before 2023, and what changed?
Before the Finance Act 2023 increased it, the CGT rate on land and buildings was 5%. The rate tripled to 15% from January 2023. Guides or calculations prepared before that change will quote the old 5% figure, which understates the current liability significantly on a large gain.

Related calculators

Sources

  1. KRA — PAYE, NSSF and SHIF, Kenya Revenue Authority
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