Kenya Property Centre

Capital gains tax (CGT)

Last checked 13 October 2026 · Checked by the Property Centre content team

Capital gains tax (CGT) is a tax on the profit a seller makes when they transfer property in Kenya. It is charged on the net gain, not the sale price, and the seller pays it to the Kenya Revenue Authority. The rate rose with effect from 1 January 2023 under the Finance Act 2022.

General information, not legal advice. Last checked 13 October 2026.

Also called: CGT, CGT Kenya

How the gain on a property sale is taxed

CGT is charged under the Income Tax Act on gains from transferring property situated in Kenya, including land and buildings.

How the gain is worked out. The net gain is the transfer value minus incidental costs of selling, minus the adjusted cost. The adjusted cost is what the seller paid, plus the costs of buying and the cost of improvements. Keep receipts for the purchase, legal fees, stamp duty and building work: they reduce the gain.

The rate. The Finance Act 2022 raised the rate with effect from 1 January 2023 (see the figures box). Some articles wrongly credit the change to the Finance Act 2023. The 2023 Act did something different: from 1 July 2023 it extended CGT to sales of shares in companies that draw most of their value from Kenyan land. CGT is a final tax, so it is not added to the seller's other income.

When it is due. The tax falls due around completion, but reputable sources differ on the exact trigger (see the Sources differ box). The seller files and pays through KRA's iTax.

Exemptions. KRA publishes the transfers that are exempt, which include certain transfers within families and transfers of a home the seller has lived in. The conditions are strict, so check KRA's current list and take advice before relying on one.

What to check

  • Gather proof of what you paid and what you spent on the property; it lowers the gain.
  • Check whether an exemption applies, using KRA's current list.
  • File and pay before registration of the transfer, and keep the receipt.
  • If you are buying from a company, ask how the seller is handling CGT.

Risks to know

  • Advice that the rate changed under the Finance Act 2023: it was the Finance Act 2022.
  • A sale agreement that makes the buyer responsible for the seller's CGT without saying so clearly.
  • Declaring a lower price to cut CGT: the registry and KRA use valuations too.

Typical cost or timeline

Capital gains tax rate (from 1 January 2023)

15 % of the net gain

As of October 2026

Kenya Revenue Authority EY Global Tax News Kenya Revenue Authority

Capital gains tax rate before 1 January 2023

5 % of the net gain

As of October 2026

Kenya Revenue Authority EY Global Tax News

Sources differ

SOURCE 1

KRA guidance says capital gains tax falls due when the transfer is registered.

Kenya Revenue Authority

accessed 2026-10-13

SOURCE 2

A law firm reads the Finance Act 2023 as making it due by the earlier of full payment of the price or registration of the transfer.

Cliffe Dekker Hofmeyr

12 September 2024

Capital gains tax vs Stamp duty

Aspect Capital gains tax Stamp duty
Who pays The seller The buyer
Charged on The net gain The higher of price and government value
Paid to Kenya Revenue Authority Ministry of Lands

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Questions

What is the capital gains tax rate in Kenya?

See the figures box. The current rate has applied since 1 January 2023.

How do I calculate capital gains tax on land in Kenya?

Take the sale value, subtract selling costs, then subtract what you paid plus buying costs and improvements. The rate applies to what is left.

Who pays capital gains tax, the buyer or the seller?

The seller.

Which law raised capital gains tax in Kenya?

The Finance Act 2022, with effect from 1 January 2023.

Is there capital gains tax on inherited land?

Passing land from an estate to beneficiaries is treated differently from a sale. Check KRA's exemption list and take advice.

Sources

  1. 1. Capital Gains Tax Kenya Revenue Authority · checked 13 October 2026
  2. 2. Capital Gains Tax FAQs 2023 Kenya Revenue Authority · checked 13 October 2026
  3. 3. Kenya enacts Finance Act 2022 EY Global Tax News · checked 13 October 2026
  4. 4. Tax and exchange control alert: capital gains tax in real estate (12 September 2024) Cliffe Dekker Hofmeyr · checked 13 October 2026

How we check this glossary

Cite this definition

"Capital gains tax", Kenya Property Centre Property Glossary, last checked 13 October 2026, https://kenyapropertycentre.com/glossary/capital-gains-tax

You may reuse this definition under CC BY 4.0 with credit to Kenya Property Centre and a link to this page.

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