Nifty Payroll 2.0

PAYE rules

Meals Benefit

Under Section 5(4)(f) of the Income Tax Act (Cap. 470), the value of meals provided by an employer is not treated as taxable employment income, and so is not subject to PAYE, up to a set limit.

The limit

The first Kshs. 5,000 per month (Kshs. 60,000 per year) of the value of meals provided to each employee is exempt. The limit was raised from Kshs. 48,000 per year by the Tax Laws (Amendment) Act, 2024, with effect from 27th December 2024.

What qualifies

The exemption applies to the value of meals served to employees:

Notes

Meals above the limit

Only the amount above Kshs. 5,000 per month is taxed. KRA’s Step-by-Step Guide for the Simplified PAYE Return says: “Capture Value of Meals. If the amount is above Kshs. 5,000 per month, the incremental amount will be taxed on the employee.” This matches the Tax Laws (Amendment) Act, 2024, under which employment income does not include “the first Kshs. 60,000 per year (Kshs. 5,000 per month) on the value of meals provided by an employer.”

This differs from other non-cash benefits. For those, the guide says that if the amount is above Kshs. 5,000 per month, the full amount is taxed on the employee.

Benefit typeValue up to Kshs. 5,000 per monthValue above Kshs. 5,000 per month
MealsFully exemptOnly the excess is taxable
Other non-cash benefitsFully exemptThe full amount is taxable

Example

If the meal benefit in a month is Kshs. 7,500, the exempt portion is Kshs. 5,000 and the taxable portion is Kshs. 2,500. That Kshs. 2,500 goes into the taxable pay calculation.

On the simplified P10, enter the full value of meals in the relevant column. The return then subjects only the excess to tax.

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