- 25 Marks
Question
Ravid Ghana Ltd is a software development company with its registered office located at North Kaneshie in the Greater-Accra Region of Ghana. In March 2016 the company purchased a parcel of land at Oyarifa at a cost of GH¢25,000.00. The company spent GH¢5,000 to construct a fence wall around the property and to complete title registration processes at the Lands Commission. In May 2017, the company also purchased an office building at Madina valued at GH¢100,000.00 as well as a Toyota Hilux pick-up valued at GH¢100,000.00. In February 2018, the board of directors of the company decided to dispose of the parcel of land purchased in March 2016 and the office building in order to raise money to finance the purchase of strategic assets. The company engaged the services of a valuer to determine the market value of the land located at Oyarifa. The company paid the valuer GH¢5,000.00 for services rendered. In August 2019, the company sold the parcel of land and the office building in a single transaction for GH¢200,000.00. At the time of the sale, the market value of the land was GH¢50,000.00 and the office building was GH¢150,000.00. The written down value of the building was GH¢70,000.00 at the time of the sale.
Required: Advise the company on the income tax implications of the realization of the assets.
Answer
Consideration Received Section 37 of the Income Tax Act, 2015 (Act 896) defines consideration received as the amount derived by a person from owing an asset and this includes an amount derived from altering the value of that asset and in the nature of a covenant to repair that asset and an amount derived by that person or an entitlement for that person to derive an amount in the future in respect of realizing that asset. Under section 50(2) where a person realizes more than one asset at the same time by way of transfer or as part of the same arrangement, the amount derived in realizing each asset is apportioned between the assets according to the market value of each of the assets at the time of realization. Ravid Ghana limited received GHS200,000 from the realization of land and the office building. The consideration received for the land will be: (50,000 / 200,000) × 200,000 = GHS50,000 Consideration received for the office building will be: (150,000 / 200,000) × 200,000 = GHS150,000 [6 Marks]
Cost as defined in section 36(1) of Act 896 includes the following: i. expenditure incurred in acquiring, construction, manufacturing or production of the asset; ii. expenditure incurred in altering, improving or maintain the asset; and iii. incidental expenditure incurred in acquiring and realizing the asset.
Cost of the land Acquisition cost in March 2016 was GHS25,000. The amount of GHS5,000 spent to construct a fence wall around the property and to complete title registration processes at the Lands Commission qualifies as cost. The GHS5,000 paid to the valuer also qualifies as incidental cost. The total cost will be GHS35,000. [4 Marks]
Gain from realization of land Section 35(1)(a) of Act 896 defines a gain from realization as the sum of the consideration received less the cost at the time of realization. The gain made from the realization of the land will be 50,000 – 35,000 = GHS15,000. [3 Marks]
| GHS | GHS | |
|---|---|---|
| Consideration Received | 50,000 | |
| Less | ||
| Cost of Acquisition | 25,000 | |
| Cost of Improvement | 5,000 | |
| Incidental cost (valuation) | 5,000 | |
| Total Cost | 35,000 | |
| Gain | 15,000 |
Realization of Office Building The office building qualifies as a depreciable asset as defined in section 133. [3 Marks] Under the Third Schedule to Act 896, buildings are classified as class 4 assets. [3 Marks] Under Paragraph 4 of the Third Schedule to Act 896, the difference between the consideration received and the written down value of the asset must be included in the income of the Ravid Ghana Limited. GHS150,000 – GHS70,000 = GHS80,000. Thus, GHS80,000 must be included in the income of the company.
- Topic: Taxation of Capital Transactions
- Series: FEB 2020
- Uploader: Salamat Hamid