||THE CUSTOMS AND EXCISE (REMISSION) (INVESTMENTS) REGULATIONS, 2004|
||1. These Regulations may be cited as the Customs and Excise (Remission) (Investments) Regulations, 2004 and shall come into operation on the 10th June, 2004|
|Application for remission
||2. (1) An application for remission of tax under item 1 of Part C of the Third Schedule to the Act shall be made in writing to the Minister.
(2) The application referred to in paragraph (1) shall be submitted together with a detailed list of the goods in respect of which the application is made.
(3) The application referred to in paragraph (1) shall include the following for the investment referred to in the Third Schedule of the Act-
(a) the personal identification number of the applicant;
(b) a full description of the investment including, where applicable, the physical location of the investment;
(c) the total value of the investment in Kenya shillings;
(d) a report of a feasibility study of the investment with sufficiently detailed proforma cash flow statement including the itemization of the cash flows for-
(i) all traded or tradable goods to be produced, undertaken or purchased; and
(ii) any financial obligations or commitments.
|Minister may require further information inspection.
||3. The Minister may require the applicant to-
(a) furnish such further information as the Minister may consider appropriate; and
(b) allow and facilitate the inspection of the goods to which the application relates.
|Only one application per investment.
||4. (1) Only one application shall be made with respect to an investment except as provided in paragraph (2).
(2) A second application in respect of the same investment may be made if the applicant demonstrates to the satisfaction of the Minister that the additional application relates to a separate phase of the investment or expansion thereof.
|Remission not for certain goods.
||5. Remission shall not be granted in respect of stocks in trade, consumables, office furniture, typewriters, copying equipment, stationery, kitchenware, crockery, linen, draperies, carpets (in single pieces), safes and refrigerators.|
|Condition relating to inspection, etc.
||6. It is a condition of a remission that the person to whom a remission has been granted shall -
(a) allow and facilitate the inspection of the goods in respect of which the remission relates; and
(b) avail to the Commissioner the records of such goods for purposes of inspection and audit.
|Further conditions to remission.
||7. The Minister may attach such further conditions to a remission as he considers necessary.|
|Revocation of remission.
||8. The Minister may revoke a remission if any condition set out in regulation 6 or attached under regulation 7 is breached.|