Many commercial landlords in Kenya are unaware that renting business premises is a VATable supply under the VAT Act 2013. If your annual rental income from commercial property exceeds KSh 5 million, you are required to register for VAT, charge 16% VAT on rent, and file monthly returns.
Which Properties Are Affected?
VATable (commercial): Offices, shops, warehouses, factories, parking lots, and hospitality premises. Exempt (residential): Residential rental income is exempt from VAT, regardless of the amount. Mixed-use properties require apportionment.
Obligations Once Registered
- Issue tax invoices (ETR receipts) to commercial tenants
- File monthly VAT returns by the 20th of the following month
- Remit output VAT less eligible input VAT (on renovations, management fees, etc.)
- Maintain proper lease agreements and payment records
Penalties for Non-Compliance
KRA can assess back-dated VAT for up to 5 years. The penalty is 25% of under-declared tax plus 1% per month interest. KRA has been increasingly auditing commercial landlords in Nairobi, Mombasa, and Kisumu.
If you own commercial property and are unsure about your VAT position, Avatechtax can conduct a free compliance review. Get in touch.


