Fredrick Ogutu
Senior Associate | Nairobi
Contact
T: +254 20 503 1600
Overview
Fredrick has extensive experience involving local and international tax and structuring advisory, setting up, mergers and acquisitions, transfer pricing and international tax, tax due diligence, compliance reviews, tax risks and opportunities reviews as well as tax disputes involving Kenya Revenue Authority (KRA) audit support, appeals at the Tax Appeals Tribunal and the superior courts in Kenya. He has provided the services to clients in various industries including banking and insurance, information, communication and technology, manufacturing, mining and extractives and not-for-profit entities.
In addition, Fredrick has a keen interest in the taxation and policy issues regarding the digital economy and emerging technology such as blockchain and virtual assets. To this end, he has been the contact point of some of the key stakeholders in the sector and has engaged in various policy and awareness discussions with a number of stakeholders such as the Kenya National Assembly’s Finance and National Planning Committee, the KRA’s Digital Economy Tax Office, the International Monetary Fund’s monetary and capital market and legal department, the Capital Markets Authority and the Blockchain Association of Kenya.
Experience
Tax advisory experience
Fredrick has advised:
- Safaricom Plc in relation to the impact of the Finance Bill, 2024 proposals on the business, its employees, and customers.
- Lightrock, a global private equity firm on the tax implications of acquisition or disposal of shares in various jurisdictions including Kenya, Uganda and Mauritius.
- A leading betting and gaming group in South America in relation to structuring options and tax implications of setting up in Kenya.
- A leading global group that provides certification tools and related service to enable sustainable and responsible management of forests on structuring and tax and legal consideration of setting up in Kenya and a number of other African jurisdictions.
- Binance on the constitutionality and practical challenges of the implementation of Digital Asset Tax in Kenya and proposed recourse.
- A leading group of emerging technologies and digital assets in relation to assistance with drafting a virtual assets bill and ad hoc advice on various tax and regulatory issues.
- Tullow Kenya BV on certain tax incentives available in Kenya relative to Uganda and Tanzania and how to obtain some of the incentives by engagement with the government of Kenya.
- NCBA Group with respect to VAT treatment of certain services in relation to the bancassurance business.
- A leading Chinese broadcaster with respect to tax advice on various issues regarding its Kenyan entity and revies of contracts.
- Confederation of African Football on structuring and options of setting up an African club association in Kenya.
- A leading Swiss security solutions company on the implications of its operations in Kenya and the need to register as a foreign company in Kenya.
Tax dispute resolution experience
- A leading Japanese general trading and investments company regarding strategic support and advice in relation to an appeal at the High Court against a transfer pricing assessment.
- A leading crypto assets exchange operator in relation to a constitutional petition against digital asset tax at the High Court and the Court of Appeal.
- Naivas Kenya Limited in relation to assistance with an appeal against a tax assessment based on substance requirements in Kenya at the Tax Appeals Tribunal and the High Court.
- Sunculture Kenya Limited with respect to a customs and tariff dispute with the Kenya Revenue Authority. Bowmans engaged the KRA through an Application for Review of Tariff Classification and successfully obtained a favourable Tariff Ruling. Further, Bowmans also engaged the KRA for release of the consignments at Customs on behalf of the client under urgency.
- Car and General Group on various tax dispute matters including disputes in respect to Tariff Classification, Excise Duty and VAT on imports, transfer pricing and tax residency
AREA OF EXPERTISE
Qualifications
- Bachelor of Laws (LLB) degree from the University of Nairobi.
- Postgraduate Diploma from the Kenya School of Law.
Professional Memberships
- Law Society of Kenya
INSIGHTS
Overview
Fredrick has extensive experience involving local and international tax and structuring advisory, setting up, mergers and acquisitions, transfer pricing and international tax, tax due diligence, compliance reviews, tax risks and opportunities reviews as well as tax disputes involving Kenya Revenue Authority (KRA) audit support, appeals at the Tax Appeals Tribunal and the superior courts in Kenya. He has provided the services to clients in various industries including banking and insurance, information, communication and technology, manufacturing, mining and extractives and not-for-profit entities.
In addition, Fredrick has a keen interest in the taxation and policy issues regarding the digital economy and emerging technology such as blockchain and virtual assets. To this end, he has been the contact point of some of the key stakeholders in the sector and has engaged in various policy and awareness discussions with a number of stakeholders such as the Kenya National Assembly’s Finance and National Planning Committee, the KRA’s Digital Economy Tax Office, the International Monetary Fund’s monetary and capital market and legal department, the Capital Markets Authority and the Blockchain Association of Kenya.
Experience
Tax advisory experience
Fredrick has advised:
- Safaricom Plc in relation to the impact of the Finance Bill, 2024 proposals on the business, its employees, and customers.
- Lightrock, a global private equity firm on the tax implications of acquisition or disposal of shares in various jurisdictions including Kenya, Uganda and Mauritius.
- A leading betting and gaming group in South America in relation to structuring options and tax implications of setting up in Kenya.
- A leading global group that provides certification tools and related service to enable sustainable and responsible management of forests on structuring and tax and legal consideration of setting up in Kenya and a number of other African jurisdictions.
- Binance on the constitutionality and practical challenges of the implementation of Digital Asset Tax in Kenya and proposed recourse.
- A leading group of emerging technologies and digital assets in relation to assistance with drafting a virtual assets bill and ad hoc advice on various tax and regulatory issues.
- Tullow Kenya BV on certain tax incentives available in Kenya relative to Uganda and Tanzania and how to obtain some of the incentives by engagement with the government of Kenya.
- NCBA Group with respect to VAT treatment of certain services in relation to the bancassurance business.
- A leading Chinese broadcaster with respect to tax advice on various issues regarding its Kenyan entity and revies of contracts.
- Confederation of African Football on structuring and options of setting up an African club association in Kenya.
- A leading Swiss security solutions company on the implications of its operations in Kenya and the need to register as a foreign company in Kenya.
Tax dispute resolution experience
- A leading Japanese general trading and investments company regarding strategic support and advice in relation to an appeal at the High Court against a transfer pricing assessment.
- A leading crypto assets exchange operator in relation to a constitutional petition against digital asset tax at the High Court and the Court of Appeal.
- Naivas Kenya Limited in relation to assistance with an appeal against a tax assessment based on substance requirements in Kenya at the Tax Appeals Tribunal and the High Court.
- Sunculture Kenya Limited with respect to a customs and tariff dispute with the Kenya Revenue Authority. Bowmans engaged the KRA through an Application for Review of Tariff Classification and successfully obtained a favourable Tariff Ruling. Further, Bowmans also engaged the KRA for release of the consignments at Customs on behalf of the client under urgency.
- Car and General Group on various tax dispute matters including disputes in respect to Tariff Classification, Excise Duty and VAT on imports, transfer pricing and tax residency
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