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....
Tag: Taxation
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...
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...
The Role of Lawyers and Accountants in an Effective Tax System
Taxation’s role in an economy cannot be over-emphasized. For starters, taxation is a major source of revenue for funding national development and providing public goods. It therefore stands to reason that our inability to mobilize sufficient tax revenue has dire consequences for the economic fortunes of the country. Inadequate tax revenue means less investment in...