PwC Private

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Overview

We understand that as a private company, a family business enterprise or high-net-worth individual your needs and requirements are as unique as you are. Growing a business can be demanding, challenging, and intensely personal — driven by purpose. That’s why we’re here to help you manage your ownership and growth at every stage, in a way that fits the needs of your business and the owner.

At PwC, we’re built around you. Our people are dedicated to working with private businesses like yours. Our focus is on your agenda, your goals, your network, your legacy. We’re here to listen, today and tomorrow.

The Owner’s Agenda for your business

It is our bespoke approach and unique to PwC

For a private business or family business owner, business is personal. At PwC, we’re dedicated to understanding what matters most to you and your business. We call our approach “The Owner’s Agenda”. This framework is designed to assist you in developing both your ownership and business strategies in a consistent and integrated way. 

We understand that an owner's decisions aren’t always just about business. We use our digital owner’s agenda tool to assist family business identify and address priority areas and gaps that often comprise:

  • Leadership and the board

  • Business model review

  • Asset and wealth management

  • Management and control structure

  • Succession planning ownership and leadership

  • Testament and emergency plan

  • Philanthropy and impact investing

  • Capital and financing structure

  • Generational transition and knowledge transfer.

No matter where you are on your business journey, your PwC team is at your side translating our unique vantage point and perspective into real insights that can help you succeed. Together, we can find new opportunities, and shape the future of your business. We’re built around you.

Governance Wealth Purpose and Values Continuity Manage Ownership Deals and Growth Digital andTransformation Profitability Risk andRegulation Talent Ownership Capital Manage Business

How we can help you

Change is inevitable. Sustainable strategies are therefore important if business are to remain agile by reducing costs, building and retaining best-in-class capabilities, continuous innovation and expansion. We use our local and regional experience to offer tailor made solutions for family businesses and high-net worth individuals. These include:

  • Financial restructuring, financial policy and optimal capital structure

  • Operating model development and transformation

  • Transformation of go-to-market model and sales organisation

  • Business structuring or re-organisation

  • Financial, tax and legal due diligence

  • Outsourcing and shared services advisory

  • Corporate or personal insolvency.

The Kenyan tax landscape continues to evolve. We provide individuals and family business with local and cross-border tax and legal compliance and consulting services covering areas such as:

  • Tax reporting and compliance

  • Accounting and bookkeeping

  • Tax Controversy and Dispute Resolution

  • Transfer pricing and repatriation of profits

  • Gains from pension/provident/retirement funds

  • Tax health checks

  • Transfer of business or sale of assets

  • Gifts or inheritance

  • Data privacy and protection; and

  • Drafting and review of commercial contracts.

Businesses need to consider how to improve their human resource function in order to drive strong employee performance. Our services in this space include:

  • Salary and benefits consulting

  • Strategic workforce planning

  • Review of human resource processes, policies and controls

  • Review of reward and compensation strategies

  • Equity or carried interest compensation valuation, tax and regulatory compliance

  • Payroll management and immigration support; and

  • Drafting and review of employment and independent contractor contracts with individuals.

Succession planning

Creating wealth starts with taking stock of your assets and liabilities, knowing what your priorities are and designating your beneficiaries. Thereafter, putting in place the right structures helps to ensure continuity and growth in wealth for future generations. Whether this takes the form of a trust, life assurance, will, letter of intent or even a lifetime annuity, having the right professional guidance goes a long way to make this journey less draining, compliant, and tax efficient.

Business registration

There are numerous ways one could register a business in Kenya including:

  • Public limited company

  • Company limited by guarantee

  • Private limited company

  • Limited liability partnership

  • Foreign company

  • Unlimited company.

Deciding on the right form of incorporation for your business is key since each bears different reporting and compliance obligations and may attract different tax treatments.

Segregation of personal and corporate assets

It is fairly usual for personal assets to be used or held by the business without charge in the early phases of developing business empires. Carving out such assets early on may reduce large transfer taxes on greater future values such as capital gains tax and stamp duty, if a listing is planned. Incorrect valuation of such assets could further erode the family’s wealth in the event the business is sold or restructured.

Disclosure of beneficial ownership information

Family businesses are characterised by various legal forms and ownership structures. The Companies (Beneficial Ownership Information) (Amendment) Regulations, 2022 requires businesses to make certain disclosures on their beneficial ownership and maintain a registry of their beneficial owners.  

The onus to make these disclosures lies with the company’s directors and, where applicable, the company secretary.

Drafting individual or family business governance code

The sustainability and growth of a business is anchored on its governance. Having a governance code enables business owners to adopt a holistic approach to the management of their business that balances shareholder interests and those of future generations. This governance provides guidance on matters such as owner rights and obligations, measurement and disposition of earnings, transfer of ownership, company/partnership management, family governance and handling of assets.

Determination of residence and domicile

Income accrued in or derived from Kenya is chargeable to tax in Kenya. 

A person’s residency status is key when determining whether their income is considered as having been sourced from Kenya. As such, knowing whether a person or their business is deemed resident in Kenya is paramount.

Family office planning

With the investments and assets of our potential clients held across various tax jurisdictions, managerial and administrative needs of family businesses can be extensive. We can help families with their family office functions, from set-up to providing ongoing or transactional support to a more established office. Whether the family has recently realised the need for a family office function or they wish to formalise a range of services they already receive, we are perfectly placed to assist them with establishing the right family office that suits their needs. We can help build your governance processes or review them to ensure that your structure is working in line with your expectations. Income accrued in or derived from Kenya is chargeable to tax in Kenya. 

A person’s residency status is key when determining whether their income is considered as having been sourced from Kenya. As such, knowing whether a person or their business is deemed resident in Kenya is paramount.

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Contact us

Michael Mugasa

Michael Mugasa

Partner | PwC East Market Area and Kenya Assurance Leader, PwC Kenya

Tel: +254 (20) 285 5688

Sunny  Vikram

Sunny Vikram

Partner | Tax and Private Business Service, PwC Kenya

Tel: +254 (0) 748 599 580

Shreya Shah

Shreya Shah

Senior Manager | Tax, PwC Kenya

Tel: +254 (0) 758 728 919

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