On 20th February 2020, the Industrial Training (Training Levy) (Amendment) Order, 2020 (the Amendment Order) was gazetted introducing changes to the Industrial Training (Training Levy) Order, 2007 effective 23rd December 2020. The Amendment Order directed that an employer shall remit to the National Industrial Training Authority (NITA) a training levy of Kenya Shillings six hundred (KES 600) per employee, per year, or pro rata for the employee’s term of service. The payment of this levy should be accompanied by an annual return form. The previous training levy was Kenya Shillings fifty (KES 50) per employee payable monthly.
The Amendment Order also introduced a change to the requirements for registration of employers with NITA. Employers with less than one hundred (100) employees are exempted from the registration requirement for twelve (12) months with effect from the date of registration of the employer.
In compliance with the Amendment Order and in fulfillment of the Kenyan Government initiative ‘Doing Business Made Easier’ agenda, NITA alongside the Kenya Revenue Authority (the KRA) has developed a Unified Payroll Return (the UPR) for joint declaration and payment of Pay as You Earn (PAYE) and Industrial Training Levy Return. This development ultimately serves to simplify the process of paying the NITA training levy by making it a one-off annual payment thus reducing employer compliance efforts and costs.
As such, implementation of the UPR began in the month of December 2020. All employers are required to file their December 2020 PAYE and Industrial Training Levy returns through the UPR which is available on the KRA’s iTax system. The Industrial Training Levy deductions shall be paid annually by the 9th of the subsequent month following the end of the employers accounting period at the rate of Kenya Shillings six hundred (KES 600) per employee, per annum.