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TAX
ALGERIA
BOTSWANA
ETHIOPIA
GUINEA
KENYA
MADAGASCAR
MALAWI
MAURITIUS
MOROCCO
MOZAMBIQUE
NIGERIA
RWANDA
SUDAN
TANZANIA
UGANDA
ZAMBIA
REGIONAL OFFICE:UAE
ASSOCIATE FIRM:SOUTH AFRICA
“[ALN] is a well-established network which includes members and associate members in [16] African countries, with a particularly strong presence in Anglophone jurisdictions throughout Sub-Saharan Africa. Each member brings strong local knowledge as well as experience collaborating on multi-country work for clients across the full range of industry sectors. The network is run by a management team which handles practice integration and business development matters as well as the extensive training opportunities offered by the ALN Academy. In addition to its core members, ALN has key relationships with firms in the UK, USA and Asia.’’ – Chambers Global 2017
ANJARWALLA & KHANNA - TAX 1
Anjarwalla & Khanna (A&K) is one of the leading corporate law firms in Kenya and is the largest full-service corporate law firm in East Africa with over 90 lawyers. We have a leading track record providing specialist domestic and cross-border legal and tax services to local and international clients. Our offering is bolstered by the firm’s pan-African reach through ALN, a leading alliance of top-tier independent firms founded by A&K over a decade ago.
A&K has a specialised tax department that has grown in strength and size and is considered Kenya’s legal ‘go to’ team for advice regarding income tax, value added tax, excise duty, customs duties and levies. We are particularly active advising in mergers and acquisitions, private equity transactions, cross-border investment structures and corporate restructuring. We have specialist knowledge in a variety of sectors, including infrastructure, energy, financial services, logistics and transportation, mining and minerals, real estate and telecommunications.
Our team depth and experience allows us to advise sophisticated clients in an increasingly regulated legal and commercial environment.
As thought leaders in our market we keep our clients informed on the latest developments in tax law and practice through publications and legal seminars.
“Anjarwalla & Khanna is recommended for its cross-border
experience, where it can bring to bear resources in the much-
respected Africa Legal Network.” - Legal 500 2017
OUR TAX
PRACTICE
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ABOUT
ALN
ALN is an extensive alliance of Africa’s most dynamic, independent and ambitious law firms that have come together to change the future of legal services on the continent. ALN firms are recognised as leading firms in their jurisdictions by the international legal directories and many have advised on ground breaking, first-of-a-kind deals in their markets. ALN is the largest grouping of its kind in Africa, with close working relationships across its sixteen members and an established network of Best Friends across the continent.
The firms are located in four major regional economic groupings – EAC, ECOWAS, SADC, and COMESA – with a combined population of 700 million people. ALN firms are on the ground in some of Africa’s fastest growing jurisdictions, including the continent’s gateway economies: Algeria, Botswana, Ethiopia, Guinea, Kenya, Madagascar, Malawi, Mauritius, Morocco, Mozambique, Nigeria, Rwanda, Sudan, Tanzania, Uganda and Zambia.
The alliance distinguishes itself with its on-the-ground experience in multiple African jurisdictions and long term working relationships among firms, which allows for seamless and effective delivery of legal, advisory and transactional services. This high level of integration is achieved by ensuring that all members share important affinities and by working closely together in a fashion that allows for the development of close relationships between the lawyers. Sector-specific skills and regional expertise are continually shared to ensure clients benefit from the synergies resulting from the ALN alliance. This culture facilitates cross-border work, and has been crucial to ALN’s success. By
working closely together, ALN member firms have the ability to manage deals across jurisdictions using a ‘one-stop shop’ approach.
Chambers Global has consistently ranked the ALN alliance as Band 1 in the “Leading Regional Law Firm Networks – Africa-wide” category.
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REPRESENTATIVE
DEALS
Mergers & Acquisitions Tax Structuring and Advisory ▶ Acting for the shareholders of Cannon
Assurance in their sale of 75% of the company to Metropolitan International Holdings, one of the largest financial services and healthcare companies in South Africa, including devising the tax structure for both the acquisition and the share swap.
▶ Acting for Helios Investment Partners, a leading Africa-focused private investment firm, in connection with the acquisition of 70% of the share capital of Telkom Kenya from France Telecom, a French multinational
telecommunications corporation, including tax-related advice.
▶ Acting for WS Atkins International, a subsidiary of WS Atkins, a leading design, engineering and project management consultancy, in connection with Atkins’ acquisition of 100% of Howard Humphreys East Africa, an engineering consulting firm based in Kenya, and its wholly-owned subsidiary in Tanzania, including negotiating tax warranties and indemnities and providing tax advice on various aspects of the transaction.
Real Estate Structuring and Advisory ▶ Acting for Centum, a leading East African
investment and real estate development company listed on the Nairobi Securities Exchange and the Uganda Securities Exchange, in connection with the largest mixed use development of its kind in Kenya, including tax advice.
▶ Acting for a leading Africa-focused private equity fund, in connection with a multi-million dollar joint venture with a property development and project management firm, for the identification, acquisition, construction and development of real estate properties in Kenya, including providing tax structuring advice on establishment and operation of the joint venture.
▶ Advising China Road and Bridge Corporation, an international enterprise engaged in the construction of large infrastructure and investment business worldwide, in connection with the tax and legal structure of their proposed project involving the construction of a mixed used development, including structural advice in relation to the investment and the implementation of the project and tax advice.
▶ Advising an emerging markets investment firm with a portfolio of USD 750 million, on a restructuring of its debt portfolio and its 1,000 hectares of land holdings, including advising on complex ownership and tax structures involving off shore entities.
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REPRESENTATIVE DEALS
Cross Border Advisory ▶ Acting for Regus Group, a London Stock
Exchange listed company operating turnkey office space and service in over 3,000 locations worldwide, on its acquisition from Worldwide Landmark’s businesses in Kenya, Nigeria, Ghana and South Africa, including providing corporate and tax advice on the acquisition structure and negotiating tax warranties and indemnities.
▶ Advising HNZ Group, an international provider of helicopter transportation and related support services, in connection with an acquisition of Tazk Aviation, its subsidiaries and aircraft assets situated in Kenya and Tanzania, including addressing various tax issues, such as the most suitable holding company jurisdiction, VAT, excise duty and corporation taxes from both a Tanzanian and Kenyan perspective.
Power, Energy and Infrastructure ▶ Acting for the sponsors of the 300MW
Lake Turkana Wind Power Project, the largest power generation project in Kenya, including providing tax structuring advice on the equity structure for the project as well as various tax advice matters relating to various engineering, procurement and supply agreements with Vestas, Siemens, Civicon, and Seco, as well as the interface with the Ministry of Finance, Ministry of Energy and the KRA on VAT issues relating to the project.
▶ Advising Quantum Power East Africa, an investor focusing in the energy sector,
in connection with the lease of 50MW Wellhead geothermal power generation units at Olkaria Geothermal Fields, including advising on tax issues relating to establishing a branch or a wholly-owned subsidiary of Quantum in Kenya and the tax considerations with respect to leasing arrangements.
▶ Advising Delonex Energy UK, a world-class oil and gas exploration company, in connection with its farm-in to a Petroleum Sharing Contract interest held by Marathon Oil, a United States oil and natural gas exploration and production company.
Tax Controversy and Dispute Resolution ▶ Defending an international alcoholic
beverages manufacturer against a demand by the Kenya Revenue Authority (KRA) for custom duties, including advising the client on Customs regulations and provisions under the East African Community Customs Management Act.
▶ Acting for an international private equity firm in connection with a tax demand by the KRA in excess of USD 14 million in relation to Capital Gains Tax due to an exit from an investment in Kenya, resulting in a reduction
of the quantum of tax demanded by almost 80%.
▶ Acting for Diamond Trust Bank, a listed financial institution, at the Tax Appeals Tribunal in respect of an assessment raised by the KRA on fees charged on its overseas nostro accounts.
▶ Acting for an international agricultural and horticulture company against a USD 18 million tax demand raised by the KRA, including filing an objection to the assessment in accordance with the provisions of the Income Tax Act.
ANJARWALLA & KHANNA - TAX 5
REPRESENTATIVE DEALS
Company Incorporation ▶ Advising MP Silva, a leading international
media rights company, in connection with establishing a representative office in Kenya, including advising on various tax issues and legal considerations applicable to an entity operating in Kenya.
▶ Acting for a global public relations organisation listed on the London Stock Exchange on the setting up of operations in Kenya, including advising on the inbound tax structure, setting up the legal entity and advising on various aspects relating to taxation of employee emoluments, transfer pricing regulations and certain tax aspects relating to contractual arrangements with the Government of Kenya.
▶ Acting for Foton International Trade Beijing, the world’s largest manufacturer of commercial vehicles by sales, on establishing operations in Kenya.
▶ Acting for AkzoNobel, a leading global paints and coatings company and major producer of specialty chemicals, on the setting up of operations in Kenya.
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AWARDS &
ACCOLADES
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KEY CONTACTS
Daniel NgumyPartner
T: +254 20 364 0267E: [email protected]
Kenneth NjugunaSenior Associate
T: +254 20 364 0312E: [email protected]
Daniel is a Partner at A&K and heads the firm’s Tax Department, specialising in regional and international tax law. He has experience in corporate mergers and acquisitions, private equity, corporate and commercial legal work. He provides ongoing tax advice on matters affecting clients across various industries, including in the banking, insurance, finance, agricultural, power and infrastructure industries.
Daniel is ranked by Chambers Global 2017 in Corporate and Commercial and has over ten years’ experience working for PricewaterhouseCoopers, KPMG and A&K. Daniel is an Advocate of the High Court of Kenya, a Certified Public Accountant and a Certified Public Secretary.
[Daniel] advises on issues including tax structuring, warranties and indemnities. He assists a number of high-profile clients with corporate transactions. One source remarked: “Daniel is a superstar! He is our go-to man for all matters corporate and tax.” – Chambers 2017
Kenneth is a Senior Associate with A&K with significant experience on Kenyan and cross border taxation. He routinely advises clients on all tax aspects of mergers and acquisitions, joint ventures and corporate restructurings, and regularly handles cross-border transactions. Kenneth also assists clients in complex tax audits and disputes with the Kenya Revenue Authority. He has considerable experience working with a wide variety of multinational clients in corporate matters and has advised on a variety of commercial transactions.
Before joining A&K, Kenneth worked in the tax practice at PricewaterhouseCoopers in Kenya and the United Kingdom. Kenneth is an Advocate of the High Court of Kenya, a Certified Public Accountant and a Certified Public Secretary.
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ALN
FIRMS
ALGERIA Bourabiat Associés Chemin Mackley, Résidence de la Présidence, Bat C, Ben Aknoun, Alger, Algérie Tel: DZ: +213 775 388 597 | FR: +33 660 790 822 Email: [email protected]
BOTSWANA Desai Law Group 3rd Floor, North Wing, Central Square, Central Business District (CBD), Gaborone Tel: +267 3162727 Fax: +267 3162737 Email: [email protected]
ETHIOPIA Mesfin Tafesse & Associates Tensae Building, 2nd Floor, Office No. 001, Bole Road, Cape Verdi Street Tel: +251 11 667 2341 +251 11667 2271 Email: [email protected]
GUINEA SD Avocats Carrefour de Nongo, Pont de Kaporo, à côté de l’Ecole Centrale Tel: GN +224 620 56 54 95 | FR +33 7 78 02 72 84 Email: [email protected]
KENYA Anjarwalla & Khanna 3rd floor, The Oval, Junction of Ring Road Parklands & Jalaram Road Westlands Tel: +254 0 203 640 000 | +254 0 703 032 000 Email: [email protected]
MADAGASCAR Madagascar Law Offices Ankorondrano, Antananarivo Madagascar Tel: +261 20 23 256 23 Email: [email protected]
MALAWI Savjani & Co. Ground Floor, Hannover House Hannover Avenue - Blantyre, Malawi Tel: +265 1 824 555 Email: [email protected]
MAURITIUS BLC Robert & Associates 2nd Floor, The Axis, 26 Cybercity Ebene 72201 Mauritius Tel: +230 403 2400 Email: [email protected]
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ALN FIRMS
MOROCCO BFR & Associés 201, Boulevard Zerktouni Casablanca, Morocco Tel: +212 5 22 94 96 77 Fax: +212 5 22 94 85 25 Email: [email protected]
MOZAMBIQUE ABCC Av. Kenneth Kaunda, 660, Bairro da Sommershield, Maputo, Mozambique Tel: +258 823 026 110 | +258 843 894 872 Email: [email protected]
NIGERIA G. Elias & Co. 6 Broad Street Lagos, Nigeria Tel: +2341 4607890 | +2341 2806970 Email: [email protected]
RWANDA K-Solutions & Partners KN 50ST Ganza -Kiyovu Nyarugenge, Kigali City, Rwanda Tel: +250 727 000 973 Email: [email protected]
SUDAN Omer Ali Law Firm 3rd floor, Tower of Arab Authority for Agricultural Investment and Development Plot 2/1, Block 9/E, Khartoum East, Sudan Tel: +249 155 155 554 Email: [email protected]
TANZANIA ATZ Law Chambers 1st Floor, Opal Place, 77 Haile Selassie Road, Masaki, Dar es Salaam, Tanzania Tel: +255 22 260 1151/2 Email: [email protected]
UGANDA MMAKS Advocates 3rd Floor, DTB Centre, Plot 17/19 Kampala Road, Uganda Tel: +256 414 259920 Email: [email protected]
ZAMBIA Musa Dudhia & Co. 3rd Floor, Mpile Office Park, 74 Independence Avenue Tel: +260 211 253822 Email: [email protected]
UAE (Regional Office) Anjarwalla Collins & Haidermota Saaha Offices, Block C, Office 501A The Palace Downtown Tel: +971 4 4529091 Email: [email protected]
SOUTH AFRICA (Associate Firm) Webber Wentzel 90 Rivonia Road, Sandton Johannesburg 2196 Tel: +27 11 530 5000 Email: [email protected]
ANJARWALLA & KHANNA | ALN Nairobi
The Oval, 3rd Floor, Junction of Ring Rd., Parklands & Jalaram Rd. P.O. Box 200-00606, Sarit Centre, Nairobi, Kenya
T: +254 20 364 0000, +254 70 303 2000 E: [email protected]
Mombasa SKA House, Dedan Kimathi Avenue
P.O. Box 83156-80100, Mombasa, Kenya T: +254 41 231 2848
www.africalegalnetwork.com/kenya
