Introduction. The President of Ghana is, under the law[1], the first gentleman of the land and he takes precedence over all other persons in Ghana.[2] He is given that recognition and the position is given a Constitutional blessing. He is indeed the Head of the State of Ghana and the Commander-in-Chief of the Ghana Armed...
Category: Taxation
Are VAT Tax Credit Refunds limited to Exporters only? – The case of The Republic vs. The Commissioner-General of the Ghana Revenue Authority; Ex Parte Agility Distribution Parks Ghana Ltd
The Background The Applicant taxpayer is a private limited liability company in the business of constructing commercial warehouses for rent. The Commissioner-General of the Ghana Revenue Authority (GRA) had earlier decided that the company had paid excess tax amounting to GHS12,398,000.06. Despite this determination, the GRA refused to refund the excess payment to the company....
Tax Appeals in Ghana: Monetizing the Right to Justice?
1.Introduction “If we never do anything which has been done before, we shall never act anywhere. The law will stand still whilst the rest of the world goes on and that will be bad for both.’’- Lord Denning Nations develop on the payment of taxes by citizens and non-residents who are subject to the payment...
Key Tax Developments in 2019
Following the major overhaul of Ghana’s tax regime in 2015 (i.e. the repeal of the Internal Revenue Act 2000 (Act 592) and the introduction of the Income Tax Act, 2015 (Act 896)), there have been many amendments in the subsequent years. This article focuses on the key tax developments in 2019, which includes amendments to the tax laws in the second half of 2018, which applied through the 2019 assessment year, and amendments in 2019, which are intended to take effect in 2020.
Overtime work, Its Remuneration, and Its Tax Implication
1. Introduction Overtime is defined as “time worked in addition to one’s normal working hours.[i]” The International Labour Organisation (the “ILO”), whose mandate is to promote rights at work, enhance social protection, and strengthen dialogue on work-related issues; by setting international labour standards, developing policies and devising programmes to promote decent work; has set out some...
Legal Profession 1 – 1 Revenue Authority
Lawyers and taxmen make strange bedfellows. And in more than one instance, attempts to infuse the enforcement of tax obligations with justice delivery have been met with mixed results. Take the recent Supreme Court decision in CJEUL v the Ghana Revenue Authority & Attorney-General[1] as an example. The Plaintiff, a non-governmental organisation, brought an application challenging...
An Analysis of Personal Tax Reliefs For Resident Individuals Under Ghanaian Law
1. Introduction: In Ghana, the Income Tax Act, 2015, (Act 896), as amended, impose taxes on every person who earns income during the year of Assessment unless that person is granted an exemption under the law. In the case of individuals and partners in the partnership, their year of assessment is from the 1st January...
Reflections on the Commissioner-General’s Power to Recover Taxes from Third-Party Debtors
Introduction: In recent times, some banks and financial institutions have been freezing their customers account based on notices from the Ghana Revenue Authority (GRA) represented by the Commissioner-General. These customers wonder whether or not the Commissioner-General or anybody authorized by him has the power to garnish their account without prior notice to them or a...
The Tax Implications of Failing to Register a Technology Transfer Agreement
The Ghana Investment Promotion Centre Act, 2013 (Act 865) (“GIPC Act”) and the Technology Transfer Regulations, 1992 (L.I. 1547) (“TTA Regulations”) constitute the main legal framework for the regulation of Technology Transfer Agreements (“TTA”). A TTA is an agreement between a foreign entity and a Ghanaian entity for a term of not less than 18...
Meeting High Revenue Targets: A Tale of Nothingness and the GRA’s Rush for Fool’s Gold
A. Introduction Every Country survives on taxes. Every person (natural or artificial) is obliged to pay tax on his taxable income or revenue. All across the world, Revenue Authorities have often been entrusted with wide powers for the sole purpose of ensuring that as much revenue is collected on the State’s behalf as is possible....