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  • 20 Marks

PBL – APR 2024 – L1 – Q1 – Negligence in Consumer Product Liability

Advise Yaa Asantewaa on a negligence case against Denice Breweries after she was injured due to kerosene found in a bottle of Denice Ginger Beer.

Yaa Asantewaa bought and drank Denice Ginger Beer manufactured by Denice Breweries. She got injured because kerosene was found in the bottle of the ginger beer. Advise Yaa Asantewaa on a case of negligence against Denice Breweries.

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  • 20 Marks

STP – Feb 2018 – L2 – Q4- Taxation and Operating Strategies

Calculate Honson Plc's tax liability for Kumasi/Accra, advise on Nsawam, and discuss non-tax factors for facility location.

Honson Pic, a UK-based manufacturing company, is planning to build a new processing facility in Ghana. The Chief Executive Officer in a meeting with Management needs to decide whether to cite the facility in Accra or in Kumasi. Market intelligence has no preference for citing the facility either in Kumasi or Accra since information gathered indicate that business activities would largely be same in Kumasi and Accra for the next 10 years.

The following forecast information is relevant for the decision-making process being considered by management.

Kumasi Accra GH¢ GH¢

Required: i. Calculate Hamson Plc’s income tax liability for each proposed location for the first year. ii. Would you advise Hamson Plc to consider citing the facility in Nsawam, taking into consideration the close proximity of Nsawam to Accra? iii. Discuss three (3) non-tax factors that Hamson UK Plc may consider in the decision-making process to locate the facility either in Kumasi, Accra or elsewhere in the country.

b). With reference to the Income Tax Act, 2015 (Act 896) explain the following: i. Private Ruling issued by the Commissioner-General: (2 marks) ii. Conditions under which a Private Ruling will be binding on the Commissioner-General and on the person to whom the Private Ruling is issued.

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  • 18 Marks

STP – Feb 2018 – L2 – Q3 – Tax Administration

Explain categories of tax representatives for companies and local authorities under VAT Act 870, and their responsibilities.

The VAT Act, 2013 (Act 870) accepts that tax consultants may act in a representative capacity for and on behalf of the substantive taxpayer. This provision in the law encourages and accepts the professional development of private tax practitioners but lays down the specific parameters which would qualify such professionals to act as taxpayers’ representatives.

As the Tax Partner for ABC Practice Firm, a new entrant of the firm has approached you with a request to educate him on the types of persons who can act in a representative capacity for an on behalf of the taxpayer.

Required a) With reference to the provisions of Act 870, specify the categories of persons who qualify to be declared by the Commissioner-General as a representative person of: i. a Company; ii. a Local Authority?                                                                              b) What are the responsibilities of the tax representative of a taxable person?

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  • 20 Marks

STP – Feb 2018 – L2 – Q2 – VAT Credit Notes

Explain circumstances for issuing VAT Credit Notes and tax implications for prior period supplies.

a) As a Tax Consultant, you receive a note from Mr. Emilio Ditto, the Managing Director of a company based in the United Kingdom seeking to expand its operations in Africa through the opening of an office in Accra. He is interested in discussing with you details of some aspects of the VAT regime in Ghana particularly, the basic VAT concepts on the following:
(i) Under what circumstances can a VAT-registered person issue a Credit Note to cancel or amend a VAT invoice?
(ii) What are the tax liability implications for a VAT-registered person who issues a Credit Note to a customer for a supply that was made in a previous tax period?

Required:
Provide a brief for Mr. Emilio Ditto giving your responses to the issues raised above, with reference to the VAT Act, 2013 (Act 870) as amended.

b) Under the provisions of the Excise Duty Act, 2014 (Act 878), the Commissioner-General may, based on any information available, make an assessment of the amount of excise duty payable by a person.

Required:
State four (4) different circumstances under which the Commissioner-General may exercise the discretion to make an assessment of the excise duty payable by a person.

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  • 20 Marks

STP – Feb 2018 – L2 – Q1 – Duty Drawback

Explain "drawback" under Customs Act 2015 and circumstances for goods deemed exported for drawback.

a) In recent times the export business community has increasingly expressed concern about the issue of duty drawback management by the Ghana Revenue Authority (GRA), particularly undue delays and non-payment of duty drawback claims as accrued over the years.

As an expert tax consultant, you have been invited by the Ghana National Chamber of Commerce for a technical meeting with representatives of the business community on the duty drawback regime.

You are required to prepare a brief paper for discussion at the meeting covering the following areas:

i) An explanation of the term “drawback” as prescribed under the provisions of the Customs Act, 2015 (Act 891), including the two different categories of duty drawback that may be paid by the Commissioner-General.

ii. Under what circumstances will goods be deemed to have been exported for drawback purposes as prescribed under Act 891?

b) Corncob Industries Ltd. a company based in the Central Region of Ghana which processes agricultural products is contemplating diversifying its product lines to take advantage of an identified market potential for a particular maize-based cereal. This will require:

  • Retrofitting one of their production machines which will enhance its value and performance by about 75%.
  • Repairs to the equipment used for packaging the products. This will enhance its value by approximately 10%.
  • Servicing of a component of the sterilization unit which is still under the manufacturer’s warranty.
    Management of the company has concluded discussions with the manufacturer of the machinery, equipment and sterilization unit based in France to undertake the retrofitting, repairs and servicing, if Corncob Industries Ltd. can have the items shipped to their factory in Milan, Italy for the purpose.
    Alternatively, the manufacturer’s technicians may be brought over to Ghana with the necessary materials to undertake the retrofitting and repairs at the factory premises of Corncob Industries Ltd. Management of Corncob Ind. Ltd. is not certain of the Customs implications of shipping the items out to Italy for the works, which will take four weeks and subsequently re-importing the processed items into the country.

Required:
With reference to the Customs Act, 2015 (Act 891), explain to Management of Corncob Industries Ltd. details of the customs procedure for re-importation of goods after outward processing and the related liability to customs duty, with respect to the following issues:
i. condition under which the outward processing procedure may be used.
ii. period for discharge of the outward processing procedure.
iii. import duty liability on the goods when re-imported into Ghana after processing abroad.

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  • 20 Marks

STP – Feb 2007 – L3 – Q4 – Employee Loan Taxation

Advise on tax implications of a $300M loan and bonus for Dr. Ababio, including relevant Tax Act provisions.

(a). Dr. Ababio discusses an engagement she recently accepted with an investment banker with you for advice. She indicates that one of the recruiting inducements that convinced her to accept the position is a $300M loan from her employer. She will receive the loan proceeds on her first day of work and must sign a note to repay the loan plus accrued interest in five equal annual installments.

The employer will forgive any amount of the unpaid debt if Dr. Ababio dies, becomes disabled, or is terminated from employment through no fault of her own. Dr. Ababio’s contract provides that the employer will pay an annual bonus equal to each loan repayment. The contract stipulates that the bonus must be applied to the repayment of her loan.

Required:
i) Advise Dr. Ababio on the implications, if any, of this engagement provisions.
ii) Discuss any three provisions in the Tax Act which will support the position the Commissioner will take in respect of the taxability or otherwise of this engagement provision.

(b). The Free Zone Act declares a 10-year tax holiday for Free Zone Operators. Sweet Entities Inc. desires to set up in the Free Zone enclave but requires an understanding of the practical tax concessions granted to free operators. To this effect, the Tax Director of Sweet Entities Inc. requires that you do a practical presentation of the flow of the corporate tax-exempt concession as extended to the operator. He therefore provides you with the following business forecast for the first 10-year period as follows.
All figures in $M

Year 1 2 3 4 5 6 7 8 9 10
Adjusted Profit 10 60 150 500 1,000 1,000 1,000 520 600 620
Capital Allowance 1000 600 300 150 50 20 20 600 340 200

Compute the tax position, if any, of Sweet Entities Inc. for the exempt period.

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  • 15 Marks

STP – Feb 2020 – L2 – Q5 – Anti-Avoidance Provisions

Identify and discuss three anti-avoidance provisions in the Income Tax Act, 2015 (Act 896) and their limitations on tax planning.

Although tax planners have the liberty to devise schemes which reduce the tax liability of their clients, the Income Tax Act, 2015 (Act 896) contains provisions which limit tax planning schemes.

Required:
Identify any three (3) anti-avoidance provisions in Act 896 and discuss how each of these provisions places a limitation on the ability of a person to engage in tax planning.

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  • 20 Marks

STP – Feb 2007 – L3 – Q3 – Venture Capital Taxation

Present tax concessions for Venture Capital Operators compared to traditional banks.

As part of the post qualification requirements of The Chartered Institute of Taxation, you have been invited to do a presentation on the topic “Venture Capital Fund” to a select group of business men, tax professionals, financial institutions and students.

Invitation
Members of the Ghana Institute of Taxation and the Institute of Bankers wish to use this opportunity to strengthen the cordial relationship subsisting between them and have therefore invited you to do a presentation on the tax effects of Venture Capital Operators as compared with that of the traditional financial institutions.

Required:
Please prepare a presentation as required under Invitation above clearly distinguishing between Tax concessions granted to a Venture Capital as compared with the Bank.

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  • 20 Marks

STP – Feb 2007 – L3 – Q2 – Employee Taxation

Outline Ghanaian tax and social security implications for a French employee working in Ghana under a Double Tax Treaty.

Mr. Nor Amid, the Human Capital Resource Person of Amanda Inc, an entity registered in France sends a brief note to you in respect of a duty tour of an employee as follows:
“Amanda is sending an employee to Ghana and I am hoping that you could provide guidance for Amanda. Our understanding is as that:

  • The employee is French and may be kept on the French payroll
  • The employee’s remuneration will be cross charged to Amanda in France and Ghana
  • The employee, according to French Tax Law, will be French for tax purposes
  • The employee will spend 40% or less of his time in France
  • The employee will spend between 40 to 60% of his time in Ghana and whilst in Ghana the employee will be accommodated in hotels, will have free use of car with fuel and free meal.
  • The employee will spend his time in Ghana from 7 to 25 days at a time depending on need.

Would you kindly provide us with a brief outline of the Ghanaian tax and social security implications for Amanda and the employee? Kindly note that Ghana has an operating ‘Double Tax Treaty’ with France.

Required:
(a). Please submit a memo to respond to the concerns raised by Mr. Nor Amid.

(b). Ghana has general tax-avoidance rules in the tax acts. Kindly discuss any three practice methods adopted by the Revenue Agencies to regulate transfer pricing between related parties?

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  • 22 Marks

STP – Feb 2020 – L2 – Q4 – Business Entity Tax Implications

Advise on tax implications of establishing a company, partnership, or sole proprietorship and identify which offers the least tax exposure for an investor.

As a renowned tax consultant, a potential investor in the real estate sector in Ghana is seeking your expert opinion on the tax implications of establishing a company, a partnership or a sole proprietorship and which form of the business organisations gives the least tax exposure for an investor.

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  • 20 Marks

STP – Aug 2016 – L2 – Q1 – Duty Drawback Management

Discuss duty drawback regime, eligibility, export conditions, competitiveness, and mismanagement advantages.

In recent times the most topical tax issue confronting the export business community is the issue of duty drawback management. The concerns expressed has non-payment of the duty by the GRA as accrued over the years.
As an expert tax consultant with the special port duty portfolio, the Ghana National Chamber of Commerce has invited you to speak to the business community on the duty drawback regime.
You are required to present a paper to the business community covering the following areas:

  1. Generally what a duty drawback as prescribed by the Customs Act, Act 891 is
    (2 Marks)
  2. When does an importer/exporter qualify to claim duty drawback?
    (4 marks)
  3. Indicate the circumstance as prescribed by Act 981, when goods are deemed to have been exported.
    (5 marks)
  4. How is the duty drawback regime expected to make Ghanaian exports competitive?
    (5 marks)
  5. Discuss three advantages which good mismanagement of the duty drawback regime could bring to claimants.
    (4 marks)
    (Total: 20 marks)

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  • 20 Marks

STP – Aug 2013 – L2 – Q5 – Strategic Indirect Tax Management

Advise Isak Esh Ltd on VAT responsibilities in Ghana.

(a) Isak Esh Ltd registered to do business in Ghana in October 2012. The CEO read in the papers that the Ghana Revenue Authority intends to embark on a mop up exercise before year 2012 will end. The CEO has been briefed by the Chief Finance Officer of Isak Esh Ltd about his company’s inability to have registered with the GRA for VAT purposes. As Chartered Tax Advisor, the CEO has approached you for advice.

Required Please advice Isak Esh Ltd on its VAT responsibility in Ghana.

(b). As tax advisor to Tanko Enterprises Ltd., you receive a note from the Chief Finance Officer as follows: “We have purchased Processing Plant and Machinery from a company registered in Mauritius. The company has agreed not to sell this machinery to any other party in Ghana for the next ten (10) years and therefore is charging us additional fee of $100,000. Should we pay? What are the tax implications of the payment of the price of the machinery and the additional fee in Ghana? “

Required a) Please advice the Chief Finance Officer on Tanko’s tax responsibilities as detailed in the Tax Acts in respect of such transactions.

b) Discuss the duty and VAT payable on the import of machinery into Ghana.

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  • 25 Marks

STP – Feb 2021 – L2 – Q3 – Taxation of Capital Transactions

Advise Tremor Ghana Ltd on tax implications of asset disposals and tax planning opportunities.

Tremor Ghana Ltd is a trading company with its registered office located at North Legon. The basis period of the company ends on $31^{\text {st }}$ December of every year. In August 2018, the company acquired the following assets.

ASSET COST (GHc)
Computers $50,000.00$
Motor Vehicles $150,000.00$
Land $350,000.00$

In November 2019, the company disposed of the assets for the following amounts:

ASSET COST (GHc)
Computers $70,000.00$
Motor Vehicles $160,000.00$
Land $450,000.00$

In January 2020, the company acquired a new office building at the cost of GHc600,000.

Required: (i) Advise the company on the income tax implications of the realization of the assets in November 2019. 20 marks (ii) Identify the tax planning opportunities the company could have employed to mitigate its tax exposure on the realization of the assets.

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  • 20 Marks

STP – Aug 2013 – L2 – Q4 – Taxation of Specialized Business Sectors

Advise on tax liabilities for TecAxxes Bank Ltd for 2011 and 2012.

You have been recently employed as the Tax Accountant for TecAxxes Bank Ltd. You have agreed with management to consult the Bank’s Tax Advisers on the 2012 financial statements with a view to submitting the tax returns by end of August 2013. The Bank’s auditors have put together TecAxxes draft financial statement from which you have made extracts as below: TecAxxes Bank Ltd Income Statement for the year ended December 2012 and 2011

Notes 2012 GH $\phi$ 2011 GH $\phi$
Interest Income 1 1,522,000 1,834,000
Interest expense (866,000) (1,204,000)
Net Interest Income 656,000 630,000
Fee and Commission Income 342,000 282,000
Other Operating Income 2 69,520 59,630
Operating Income 1,067,520 971,630
Operating expenses 3 (514,200) (482,420)
Charge for bad and doubtful debts 4 (29,000) (41,000)
Operating Profit 524,320 448,210
Other Income 5 54,800 42,300
Profit before tax 579,120 490,510
Tax Paid 6 (202,420) (280,520)
Transfer to Income Surplus 376,700 209,990

Notes

  1. Interest Income includes income earned from: Loans granted fishermen Loans granted to pineapple growers
  2. Other Operating Income Dividend income (Net) Govt. Bond Int. income (net) Bad Debts recovered
  3. Operating Expenses includes Depreciation
  4. Charge for Bad and doubtful debts Specific credit risk provision General Provision for credit risk
  5. Other Income Disposal of used tires and depreciated Vehicles Profit on sale of shares
  6. Tax paid is made up as follows: Deferred tax liability Corporate tax paid for year Total

GH $\phi$ GH $\phi$
Loans granted fishermen 28,000 24,050
Loans granted to pineapple growers 32,000 15,000
Dividend income (Net) 20,120 17,000
Govt. Bond Int. income (net) 17,000 28,500
Bad Debts recovered 32,400 14,130
69,520 59,630
Depreciation 80,200 65,600
Specific credit risk provision 9,010 20,600
General Provision for credit risk 19,990 20,400
29,000 41,000
Disposal of used tires and depreciated Vehicles 39,000 17,100
Profit on sale of shares 15,800 25,200
54,800 42,300
Deferred tax liability 102,200 121,000
Corporate tax paid for year 100,220 159,520
202,420 280,520
  1. Agreed capital allowance for the year is GH $62,500 (2010: GH $75,000).

Required Please, as the newly appointed Tax Accountant for TecAxxes Bank Ltd, advice the Managing Director on the tax liabilities arising from this position statement presented to you for the two years.

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  • 20 Marks

STP – Aug 2013 – L2 – Q3 – Tax Strategies for New Business Formation

Calculate income tax liability for a new processing facility in Kumasi or Accra.

(a). CinequaNon Plc, a UK entity, is planning to build a new processing facility in Ghana. The Chief Executive in a meeting with Management needs to decide either to cite the facility in Accra or Kumasi. Market intelligence has no preference for citing the facility in Kumasi or Accra since information gathered indicate that business activities would largely be same in Kumasi and Accra for the next 10 years.

The following forecast information is relevant for the decision process being considered by management.

Kumasi GH $\phi$ Accra GH $\phi$
Expected Gross Receipts $2,500,000$ $2,500,000$
Payroll Expenses 200,000 250,000
Production costs including depreciation. 850,000 800,000

The erection of the factory structures and installation of equipment will cost GH $2,000,000 with attributable labour cost of GH $200,000. CinequaNon Inc intends to depreciate the equipment over a ten (10) year period.

Required: Calculate CinequaNon’s income tax liability for each proposed location for the first year.

(b). Would you advice for the facility to be cited in Nsawan taking into consideration the fact that Nsawam, it very close to Accra.

(c). Discuss three (3) non tax factors that CinequaNon UK Plc may consider in the decision process to locate either in Kumasi or in Accra.

(d). As a Chartered Tax Advisor, you receive a note from a client who requires to seek clarification on some tax issues relating to his line of business. The note is as detailed below.

Facts:

  1. Company X has purchased a teak concession from the Forestry Commission to fell for the logs.
  2. Company Y has contracted to purchase the teak timber from company X.
  3. Company Y pays VAT on the local purchase of teak on invoices issued by Company X.
  4. Company Y exports 100% of the teak to Company Z Overseas Plc., registered and operating in the Netherlands.

Query: Can company Y claim refund of such input VAT from the VAT authorities since company Y does not have any other business other than exporting of teak.

Required: As a Chartered Tax Advisor, kindly respond to the concerns raised by the client.

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  • 21 Marks

STP – Aug 2013 – L2 – Q2 – Taxation of Specialized Business Sectors

Tax obligations for a foreign oil company supplying gas turbine parts and maintenance in Ghana.

Due to the recent oil discovery in Ghana, many oil related companies continue to seek tax advice on doing oil related business in Ghana. As the Tax Partner for XYZ Consult, you receive a note from the Chief of Finance (Tax), Mauuwli Inc. Bubai as follows: “Mauuwli Inc. intends to supply parts of Gas turbines in Ghana. In addition, we shall provide maintenance services on these turbines. This is the business we do in Saudi and will do all the time across nations as the opportunity opens up to us. In view of this, we want to be 100% tax compliant in your country as there is no tax for my company in Saudi. We want to know whether as foreign company ordinarily resident in Dubai, we will be subject to the following taxes:

  • Corporate tax (4 Marks)
  • Withholding tax(WHT) and at what rate (8 Marks)
  • Valued Added Tax(VAT) and National Health Insurance Levy (NHIL) (3 marks)
  • Employee taxes” (4 marks)

Required As Tax Partner for XYZ Consult, provide your answer to the Chief of Finance, Mauuwli Inc., as requested for.

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  • 20 Marks

STP – Aug 2013 – L2 – Q1 – Taxation of Capital Transactions

Tax implications of purchasing equity in a mining company.

(a) The Board of Kwaamens Ltd has approached you as their preferred Tax Consultant for advice on the tax implications of the purchase of equity in a mining company.

(b). The Board of Kwaamens Ltd has approached you as their preferred Tax Consultant for advice on the grant of capital allowance on a leased asset.

(c). The Board of Kwaamens Ltd has approached you as their preferred Tax Consultant for advice on the VAT implications of the lease payments.

(d). The Board of Kwaamens Ltd has approached you as their preferred Tax Consultant for advice on the tax implications of the sale of class 3 mining asset.

(e). The Board of Kwaamens Ltd has approached you as their preferred Tax Consultant for advice on the grant of capital allowance on the use of a machinery by a mining company.

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  • 20 Marks

STP – Aug 2012 – L3 – Q5 – Taxable Supplies

Determine when specified transactions become taxable supplies under Act 592.

a). Determine when the following items become taxable supplies under Act 592.

  1. Imported services
  2. Supplies made by a non-resident person
  3. Deposits given in respect of a supply
  4. Goods supplied on sale or return.

b). The need for Customs, Excise, and Preventive Service (CEPS) to examine goods imported has often been debated since the nature, description, quantity and quality of the goods are in most cases declared in many ways. This practice has its advantages and disadvantages.

Required:
Discuss any four major reasons to support the need for CEPS personnel to examine goods and their relevant documents before export or import.

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  • 20 Marks

STP – Feb 2021 – L2 – Q2 – Tax Strategies for New Business Formation

Discuss how the choice of business organization (company, partnership, sole proprietorship) impacts tax exposure, with relevant tax authorities.

It is often said that an investor’s choice of the form of business organisation, has an impact on the tax exposure of the investment.

Required: With the aid of appropriate authorities, discuss the accuracy or otherwise of the above statement.

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  • 20 Marks

STP – Aug 2012 – L3 – Q4 – International Employment Taxation

Advise on tax implications for employee transferred to Guinea.

(a). Hi Yaw,
We need your advice on a new development in our outfit concerning the payment of salary to one of our employee who has been assigned to our project in Guinea. We shall be paying him physically from here (Ghana) and surcharge this cost to our Guinea Office as that is where we want his cost to settle in.

Please kindly advise us on the tax implications as we do not want to pay double tax on this both in Ghana and in Guinea.

The employee is in the books (payroll) of the Ghana Office currently and is living in a house rented by the Ghana office. He has paid his tax up to date of his transfer.

Required:
Please advise as appropriate.

(b). A VAT validation team visited Otere Company Ltd., a VAT registered entity for a routine audit. The validating team found no significant VAT records to support Otere’s business activities and the monthly VAT return. The MD of Otere responded to questions posed by the VAT team leader that it is not his business to keep records for the VAT office at his own cost.
The MD further said that he keeps records as he finds useful for his business interests. ‘It is the business of the VAT office to keep records for VAT registered persons. Why should I pay the salaries of staff only to keep records for the VAT office?’ he opined

Required:
As leader of the VAT team, kindly discuss the position of the VAT Act with respect to the keeping of records for purposes of the VAT.

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