Nelly Chepkoech
Senior Associate | Nairobi
Contact
T: +254 20 503 1600
Overview
Nelly Chepkoech has over five (5) years of extensive experience in tax dispute resolution. Her expertise includes supporting taxpayers through KRA audits, objecting to assessments, appealing to the Tax Appeals Tribunal, litigating at the High Court and Court of Appeal, and representing taxpayers in Alternative Dispute Resolution (ADR).
In addition to her extensive experience in tax dispute resolution, Nelly has developed her expertise in tax advisory, tax structuring and corporate law. Over the years, she has advised local businesses and multinational corporation across various industries including insurance industry, manufacturing, financial services, energy, healthcare, real estate, retail and telecommunications.
Experience
A selection of Nelly’s experience include advising:
- Victoria Furnitures Ltd, a leading supplier of office furniture in East Africa, on the setting up a Special Economic Zone Entity in Kenya and the tax implications on its operations.
- Avenue Group Limited, one of the biggest players in secondary healthcare market in Kenya, on the director’s tax liability with respect to the company affairs.
- A fund manager domiciled in South Africa on the legal and tax implications of restructuring its project companies in Kenya.
- SGA Kenya Limited, a multinational security solutions provider in East Africa, on the transfer of business as a going concern, particularly on the tax treatment of gratuity provision on the transfer of business
- A client in steel manufacturing industry and based in Mauritius, on its group restructuring involving entities in Mauritius, Kenya, Democratic Republic of Congo, Angola, Rwanda, Burkina Faso, Ghana, Senegal, Benin, Guinea, Mali, Tanzania and Burundi.
- Turaco Kenya Limited with respect to group holding structure, substance requirements, shared service centre and the tax implications of the associated fees, optimal structure for holding the group’s Intellectual property (IP) and the implementation including the tax implications of transferring the IP and the applicable taxes on the subsequent licensing of the IP to the subsidiaries and review of transfer pricing policy.
- On various employment matters, providing ad hoc tax advicey – Responding to questionnaires, responding to email queries and drafting legal opinions on secondments, novation, tax residency and permanent establishment risks.
- On the tax implications of cross border transactions including the applicability of Double Tax Treaties concluded between Kenya and other countries and optimal tax structuring, particularly with regards to holding company jurisdictions.
- Mawingu Networks Limited in a tax dispute on whether excise duty was chargeable on internet infrastructure.
- M-Kopa Kenya in both a tax residency and deductibility of bad debts dispute at the Tax Appeals Tribunal.
- On contentious issues touching on the tax treatment on their transactions and interpretation of tax laws at the Tax Appeals Tribunal, the High Court and the Court of Appeal of Kenya.
AREA OF EXPERTISE
Qualifications
- Bachelor of Laws (LLB) degree from Kabarak University.
- Postgraduate Diploma from the Kenya School of Law.
Professional Memberships
- Law Society of Kenya.
- Advocate of the High Court of Kenya.
INSIGHTS
Overview
Nelly Chepkoech has over five (5) years of extensive experience in tax dispute resolution. Her expertise includes supporting taxpayers through KRA audits, objecting to assessments, appealing to the Tax Appeals Tribunal, litigating at the High Court and Court of Appeal, and representing taxpayers in Alternative Dispute Resolution (ADR).
In addition to her extensive experience in tax dispute resolution, Nelly has developed her expertise in tax advisory, tax structuring and corporate law. Over the years, she has advised local businesses and multinational corporation across various industries including insurance industry, manufacturing, financial services, energy, healthcare, real estate, retail and telecommunications.
Experience
A selection of Nelly’s experience include advising:
- Victoria Furnitures Ltd, a leading supplier of office furniture in East Africa, on the setting up a Special Economic Zone Entity in Kenya and the tax implications on its operations.
- Avenue Group Limited, one of the biggest players in secondary healthcare market in Kenya, on the director’s tax liability with respect to the company affairs.
- A fund manager domiciled in South Africa on the legal and tax implications of restructuring its project companies in Kenya.
- SGA Kenya Limited, a multinational security solutions provider in East Africa, on the transfer of business as a going concern, particularly on the tax treatment of gratuity provision on the transfer of business
- A client in steel manufacturing industry and based in Mauritius, on its group restructuring involving entities in Mauritius, Kenya, Democratic Republic of Congo, Angola, Rwanda, Burkina Faso, Ghana, Senegal, Benin, Guinea, Mali, Tanzania and Burundi.
- Turaco Kenya Limited with respect to group holding structure, substance requirements, shared service centre and the tax implications of the associated fees, optimal structure for holding the group’s Intellectual property (IP) and the implementation including the tax implications of transferring the IP and the applicable taxes on the subsequent licensing of the IP to the subsidiaries and review of transfer pricing policy.
- On various employment matters, providing ad hoc tax advicey – Responding to questionnaires, responding to email queries and drafting legal opinions on secondments, novation, tax residency and permanent establishment risks.
- On the tax implications of cross border transactions including the applicability of Double Tax Treaties concluded between Kenya and other countries and optimal tax structuring, particularly with regards to holding company jurisdictions.
- Mawingu Networks Limited in a tax dispute on whether excise duty was chargeable on internet infrastructure.
- M-Kopa Kenya in both a tax residency and deductibility of bad debts dispute at the Tax Appeals Tribunal.
- On contentious issues touching on the tax treatment on their transactions and interpretation of tax laws at the Tax Appeals Tribunal, the High Court and the Court of Appeal of Kenya.
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