KRA collects KShs 21B from Alternative Disputes Resolution
By Donald Kogai
The Kenya Revenue Authority (KRA) has collected over KShs 21
billion from its Alternative Disputes Resolution (ADR) mechanism.
This is after KRA resolved 393 ADR cases this financial year (July
2020 to March 2021).
The ADR mechanism which was implemented by KRA in 2015 has
seen significant growth in terms of the number of cases resolved
and the revenue unlocked. This positive trajectory is marked by a
109% growth in the number of cases and 389% growth in revenue
unlocked this financial year 2020/2021 (July 2020-March 2021) when
compared to a similar period last financial year 2019/2020.
The Tax Procedures Act provides that under the ADR framework,
disputes should be resolved within 90 days. This is to ensure that
disputes are resolved in an expeditious and timeous manner.
Although the law allows for 90 days, resolution of cases under ADR
can be achieved in a much shorter time span.
Unlike other dispute resolution mechanisms, ADR is pocket friendly
as it does not require payment of any filing fees. It is a mediation
process in which a taxpayer can opt to represent himself without
the need for an Advocate or a tax representative.
Despite the current Covid-19 pandemic related challenges,
resolution of disputes through ADR has remained unhampered as
meetings are conducted virtually. This has further reduced the time
within which the meetings are held. The average time taken to
resolve ADR cases has been reduced from 89 days in Financial Year
2019/2020 to 42 days in the current financial year 2020/2021.
The ADR process preserves the relationship between the taxpayer
and the Authority. The mediator ensures that parties are not
antagonized and maintains cordial relationships. The process
provides a win-win outcome for the parties which leaves both
parties happy with the outcome and prevents the further escalation
of disputes. A good example of this is when a taxpayer is allowed to
present documents for verification under ADR, which documents
would otherwise be rejected in a Tribunal or Court hearing in strict
adherence to the law governing admission of evidence.
Taxpayers have embraced ADR and this is evidenced by the
increasing number of ADR applications being received by KRA. In
the current financial year, KRA recorded a 56% growth in the
number of ADR applications from 425 received in the financial year
2019/2020 to 661
—
Leave a Comment
You must be logged in to post a comment.