V.A.T. Act 2007 - Kenya Revenue Authority

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Rev. <strong>2007</strong> VALUE ADDED TAX CAP 476 enter the room for the purpose of attaching any goods therein, using at the time every precaution consistent with these provisions to prevent their clandestine removal. Steps subsequent to attachment. 8. As soon as practicable after the attachment of goods under these Regulations, the distrainor shall- (a) issue a receipt in respect thereof to the distrainee: (b) forward to the Commissioner a report containing an inventory of all items attached, the value of each item as estimated by the distrainor, the address of the premises at which the goods are kept pending sale, the name and address of the distraint agent in whose custody the goods have been placed and the arrangements, if any, made or to be made for the sale by public auction of the goods on the expiration of ten days from the date of attachment. Limitation on sale of attached goods. Return on completion of sale. Restoration of attached goods on payment, etc. 9. On the sale by public auction of any goods attached under these Regulations, the distrainor shall cause the sale to be stopped when the sale has realized a sum equal to or exceeding the distress debt and the costs and expenses incurred by the distrainor, and thereupon any of the goods remaining unsold shall at the cost of the distrainee be restored to the distrainee. 10. Immediately after the completion of a sale by publication of goods attached under these Regulations, the distrainor shall make a return to the Commissioner specifying the items which have been sold, the amount realized by the sale and the manner in which the proceeds of the sale were applied. 11. (1) Where a distrainee has within ten days of attachment of his goods under these Regulations, paid or given security accepted by the Commissioner for the whole of the tax due from him together with the whole of the costs and expenses incurred by the distrainor in executing the distress, the distrainor shall at the cost of the distrainee forthwith restore the attached goods to the distrainee and return the order to the Commissioner who shall cancel it. (2) Any money paid by a distrainee under this regulation shall be applied by the Commissioner first in settlement of the costs and expenses incurred by the distrainor and as to the balance in settlement of the distress debt or such part thereof as the Commissioner shall direct. Livestock. LN. 123/96. Costs for levying distress. 12. Where any goods attached under these Regulations comprise or include livestock, the distrainor may make appropriate arrangements for the transport, safe custody and feeding thereof and any costs and expenses incurred by the distrainor thereby shall be recoverable from the distrainee under regulation 9 or 11, as the case may be, as costs and expenses. 13. In addition to a claim for any other costs and expenses which may be incurred by the Commissioner or the distrainor in levying distress under these Regulations, 130
Rev. <strong>2007</strong> VALUE ADDED TAX CAP 476 there may be claimed by the distrainor and recovered under regulations 9 and 11, as the case may be, costs at the rate specified in the schedule. Remuneration of distraint agents. Commission payable to auctioneer. Matters included in rates of remuneration. 14. The maximum rates of remuneration which a distraint agent shall be entitled to demand from the distrainor for his assistance in executing a distress under these Regulations, and which may be recovered by the distrainor under regulations 9 and 11, as the case may be, shall be those specified in the Schedule. 15. The maximum rates of commission to be paid to an auctioneer by the distrainor as remuneration for his services for the sale by public auction of any goods attached under these Regulations, and which may be recovered by the distrainor under regulation 9, shall be five per cent of the amount realized on the sale, and where an auctioneer has also rendered services as a distraint agent he shall be entitled, in addition to any commission, to remuneration for those services as provided in regulation 14. 16. The rates of remuneration specified in the Schedule shall be deemed to include all expenses of advertisements, inventories, catalogues, insurance and necessary charges for safeguarding goods attached under these Regulations. SCHEDULE RATES OF REMUNERATION (r. 16) 1. Distrainor's Charges Where no distress is levied and the distress debt and any costs and expenses incurred by the distrainor are paid by the distrainee on demand or within thirty minutes thereafter the distrainee shall pay the distrainor the following costs- Shs (a) where the distress debt does not exceed Sh. 3,000 300 (b) where the distress debt exceeds Shs. 3,000 120 2. Distraint Agent's Charges (a) Where no distress is levied and the distress debt and any costs and expenses incurred by the distrainor are paid by the distrainee on demand or within thirty minutes thereafter the distraint agent shall be entitled to remuneration of ... sh.120 (b) For attaching goods or attaching and keeping possession thereof for ten days or part thereof, when the estimated value of the property, or the distress debt and costs and expenses, whichever is less- (i) does not exceed Sh. 30,000 ... 4 per cent thereof 131
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V.A.T. Act 2007 - Kenya Revenue Authority

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