Question Tag: Ghana Revenue Authority

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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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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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IT – Feb 2020 – L1 – Q5 – Tax Treaties and Interpretation

Respond to exchange of information requests from South Africa, Netherlands, France, and Italy.

You are a tax official working in the Exchange of Information unit of Ghana Revenue Authority. You have been asked to respond to several enquiries relating to the exchange of information with tax authorities in South Africa, Netherlands, Italy and France.

a. A request came from South African Tax Authority which begins with an observation, from the previous year’s data, that taxpayers in South Africa have often failed to disclose foreign source income. South Africa requests the names of all shareholders in Company X operating from Ghana who are resident in South Africa, and information on any dividends paid to them. Company X has a very popular brand in Ghana and has large shareholders.

b. Mr. Johnson Walker is resident of Netherlands. In the course of an ongoing tax investigation, it has been identified that Mr. Johnson Walker failed to declare her bank accounts with Agricultural Development Bank in Ghana. Netherland also suspects that accounts may have been opened in the name of Mr. Johnson Walker’s daughter, Phyllis. As Phyllis is the daughter of the beneficial owner, Netherland requests information on all accounts with Agricultural Development Bank held in both Mr. Johnson Walker and Ms. Phyllis Walker’s names.

c. Yesterday you reviewed a request for information from the revenue department of France. The file, however, is back on your table today as it has been discovered that a loan application which is subject to such exchange of information contains a secret trade formula.

d. Your junior colleague has just sent you an email, asking you to differentiate between “spontaneous exchange”, exchange of information on request, and automatic exchange of information. He believes that information that has recently been obtained upon request from Italy could be of interest to South Africa Tax Authority. Assume that no exchange of information agreement exists between Italy and South Africa.

Required
What will be your response to each of the requests? State reasons for your responses.

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TAI – Feb 2020 – L1 – Q5 – Tax Audit Engagements and Investigations

Outline audit evidence, substantive tests, and tax implications for payroll audit of Eastwood Engineering Limited.

You have been assigned by the audit manager of your firm to conduct a payroll audit of Eastwood Engineering Limited, a plastic manufacturing company with a turnover of GH¢25 million. The head office sited in Abokobi includes the manufacturing unit, the accounting department and the main administration. There are a number of sales officers in different parts of the country.

The wages records are computerized, and all the wages information are processed at the head office. Some of the employees in the manufacturing unit are paid cash and all the other employees are paid directly into their bank accounts. Manufacturing employees are paid their wages a week in arrears. All other employees are paid at the end of the week.

There is also a personnel department, which is independent of the wages department. The personnel department maintains the records of the employees including the starting date, grade, current salary and date of separation.

Previous tax audit reports by Ghana Revenue Authority in accordance with Section 36 of Revenue Administration Act, 2016 (Act 915) have revealed that:
i) The company failed to deduct appropriate taxes on wages and salaries of staff especially the casual employees.
ii) Paying fictitious employees and failing to account for the payment on the payroll.
iii) Paying employees after they have left.

Due to these abnormalities detected in the earlier audits by the Ghana Revenue Authority, the audit manager has asked you do consider audit procedures you would carry out to obtain sufficient appropriate evidence of the existence of employees and to ensure that appropriate taxes have been deducted and paid to the Commissioner General of Ghana Revenue Authority.

You are required to prepare a briefing paper which should guide the audit team you are required to lead in the field in the form of a memorandum for the consideration of your audit manager outlining:
i) The audit evidence you would obtain to verify the existence of employees whose wages are paid both in cash and directly into their bank accounts.

ii) The substantive test you would carry out to verify that appropriate taxes are deducted and paid to the Commissioner General of Ghana Revenue Authority.

iii) The tax implications both now and in the future of the company’s infractions as indicated in the tax audit report.

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TAI – Aug 2020 – L1 – Q4 – Audit Review and Reporting

Recommend examination procedures for reviewing God’s Time Ltd.’s profit forecast for COVID-19 financial assistance.

In order to assist businesses during the COVID-19 period, the Government of Ghana has announced various packages including financial assistance to various companies and other Small and Medium Enterprises. Your firm, Prosper & Co has been approached to perform an assurance engagement for God’s Time Ltd; the engagement will be a review of prospective financial information which is needed to support the company’s application for financial assistance provided under COVID-19 facilities. God’s Time Ltd had its financial year ended 31st December each year.

The operating profit forecast for the two years to 31st December 2020 prepared by a member of the accounting team of God’s Time Ltd is shown below, along with some accompanying notes.

Six months to 30th June 2019 Six months to 31st Dec. 2019 Six months to 30 June. 2020 Six months to 31st Dec. 2020
GH¢ GH¢ GH¢ GH¢
Earnings 2,801,597 3,088,680 4,210,265 4,429,728
Direct costs 2,135,938 2,315,746 3,413,711 3,618,584
Gross Profit 665,659 772,934 796,554 811,144
Operating Exp.
Wages & Salaries 168,452 184,864 209,546 218,762
Advertising 13,840 20,542 28,548 31,540
Design costs 21,580 32,456 50,452 43,546
Marketing 10,896 12,458 16,520 34,450
Interest on Loan 45,543 48,620 51,654 60,542
Other Operating Exp 266,264 309,173 318,622 324,458
Net Profit 139,084 164,821 121,212 97,846

Additional Notes: i. God’s Time Ltd is a producer of greetings cards and giftware; the demand for which is seasonal in nature.

ii. Design costs are mostly payroll costs of the staff working in the company’s design team, and the costs relate to the design and development of new product ranges.

iii. The total ‘Other expenses’ is calculated based on 40% of the projected revenue for the six-month period.

iv. In 2019, the company was granted a loan facility to complete the ongoing factory project.

Required:

Recommend the examination procedures which should be used in the review of the profit forecast.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      (B)

You are the supervisor in-charge of the audit of Titi bidi Construction Company Limited. The audit of the company is near completion, and you are finalizing the audit report. As part of your final review, you want a confirmation that, the tax liability as reported is accurate and as such there is no liability that has not been captured.

Required:

Outline the audit steps to verify that, all tax payments and tax credits has been captured and the liability as reported is accurate.

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TAI – Aug 2020 – L1 – Q1 – Tax Audit Roles

Explain five roles of the tax audit and investigation program in Ghana's tax administration.

(A) The audit program of Ghana Revenue Authority performs a number of important roles that, if effectively carried out, can make a significant contribution to improve administration of the tax system in the country.

Required: Explain five roles tax audit and investigation program performs in the tax administration of Ghana.                                                                                                                                                                                                                                                                                   (B)

The efficiency and effectiveness of Ghana Revenue Authority’s audit activities depend mainly on the nature and scope of powers in the underlying legal framework in place. Among such powers includes the provision of adequate powers for obtaining information and an appropriate regime of sanctions to deter and penalize non-compliance.

Required: State and briefly describe five (5) key elements of legal framework relating to the tax audit function of Ghana Revenue Authority as under the tax laws and administration of Ghana.

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AT – Mar 2025 – L3 – Q1 – Taxation of Companies

Compute allowable financial cost and company tax payable for Afraa LTD for 2024, including tax implications.

a) Afraa LTD made a net profit before tax of GH₵1,100,000 for the year 2024.
The following were effected before arriving at the net profit before tax:

  • Depreciation: GH₵105,000.
  • Income tax paid (meant for last quarter of 2023): GH₵22,500.
  • Financial cost (from financial derivatives): GH₵350,000
  • Financial gain (from financial derivatives): GH₵105,000

Additional Information:
Capital allowance of GH₵180,000 and Donations to Osu Children’s home of GH₵30,000 which were agreed on with Ghana Revenue Authority are yet to be recognised in the financial statements.
Required:
Compute the allowable financial cost and the company tax payable for 2024. Explain any other tax implications.

b) Premier Insurance Company LTD located at Koforidua submitted the following accounts for the year ended 31 December 2024.

Note GH₵
Gross premiums received 3,380,000
Premiums returned to insurers 118,500
Reinsurance premiums paid 126,000
Claims settled 1,185,000
Reinsurance claims recovered 24,000
Commissions to agents 271,200
General administrative expenses 881,900
Interest on Bank Deposits (Net) 418,000
Gross income from insurance consultancy services rendered 350,000
Dividends received (Net) 341,000
Reserves for unexpired risk at 31/12/2023 910,000

Notes:

  1. Commissions to agents
    | | GH₵ | |——————————–|————| | Casual commission agents | 250,000 | | Unnamed commission agents | 21,200 |
  2. General administrative expenses
    | | GH₵ | |——————————–|————| | Water and electricity | 69,200 | | Office wages and salaries | 414,560 | | Repairs to premises | 91,920 | | Motor expenses | 57,040 | | Depreciation | 56,800 | | Loss on sale of equipment | 20,640 | | Professional charges (Note iii) | 66,000 | | Sundry expenses (Note iv) | 103,840 | | Entertainment | 1,900 |

i) Repairs to premises

GH₵
Construction of main gate and Landscaping 86,360
Minor office decoration 3,600
Re-plastering of damaged walls 1,960

ii) Motor expenses

GH₵
Travelling expenses 7,200
Purchase of new vehicle engine 35,000
Fuel and lubricants 14,840

iii) Professional charges

GH₵
Accounting and audit fees 23,200
Cost of obtaining new lease to build an office complex 42,800

iv) Sundry expenses

GH₵
Penalty for late filling of tax returns 9,500
Donation to Ghana Education Trust Fund (confirmed by GRA) 8,000
Postage and courier services 7,200
Fines for vehicle wrong parking 1,300
Office cleaning 29,000
Business Operating Permit paid to Ada District Assembly 15,000
Printing and stationery 25,500
Telephone and communication/internet services 8,340

Other information:

  • Reserves for unexpired risk is calculated at 45% of net insurance premium.
  • Capital allowance for the year has been agreed at GH₵65,400 after consideration of all available information in the tax returns.
    Required:
    Determine the chargeable income of Premier Insurance Company LTD.
    (9 marks)

c) Practice notes are issued by the Commissioner-General of the Ghana Revenue Authority (GRA), by publishing a notice in the Gazette or on their website or in at least two daily newspapers of national circulation.

Required:

As a tax finalist working with Kato Chartered Accountants, explain to your study partner FOUR purposes of issuing practice notes.

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AT – Nov 2024 – L3 – Q5a – Transfer Pricing Documentation and Compliance

Explain the required transfer pricing documentation and exemptions under Ghana’s Transfer Pricing Regulations, 2020 (L.I. 2412).

You are a Senior Transfer Pricing Associate of Fameye and Associates. You have received the following email from a former client, Asew LTD, who has received a Transfer Pricing audit assessment from the Ghana Revenue Authority (GRA) for the 2021, 2022, and 2023 years of assessment.

Subject: Transfer Pricing Compliance Assistance

Hello Team,

I came to the office today and received a letter from the GRA regarding a tax assessment on transfer pricing issues. According to the letter, our company owes the GRA some penalties for non-compliance with the transfer pricing regulations. I am confused as to what our compliance obligations are. I would need your assistance on how we can comply with the transfer pricing laws of Ghana.

I hope to hear from you soon.

Kind regards,

Nii Armaah
Managing Director, Asew LTD

Required:

In line with the provisions of the Transfer Pricing Regulations, 2020 (L.I. 2412), draft a response for the review of your Tax Partner, covering the following:

(i) The required transfer pricing documentation that must be maintained by companies in Ghana under the three-tier transfer pricing documentation requirements, including the time by which these must be filed with the GRA, where applicable.                      (ii) TWO conditions or circumstances under which a company may be exempted from compliance with any of the above documentation requirements.

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PT- Nov 2024 – L2 – Q5d – Data Analytics in Taxation

Explain how data analytics can be used to detect tax evasion and provide examples of how GRA might use data analytics to enhance tax compliance.

GRA’s use of data analytics has become increasingly important in identifying tax evasion and improving compliance.

Required:
i) Explain how data analytics can be used to detect tax evasion. 
ii) Provide TWO examples of how GRA might use data analytics to enhance tax compliance.

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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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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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IT – Feb 2020 – L1 – Q5 – Tax Treaties and Interpretation

Respond to exchange of information requests from South Africa, Netherlands, France, and Italy.

You are a tax official working in the Exchange of Information unit of Ghana Revenue Authority. You have been asked to respond to several enquiries relating to the exchange of information with tax authorities in South Africa, Netherlands, Italy and France.

a. A request came from South African Tax Authority which begins with an observation, from the previous year’s data, that taxpayers in South Africa have often failed to disclose foreign source income. South Africa requests the names of all shareholders in Company X operating from Ghana who are resident in South Africa, and information on any dividends paid to them. Company X has a very popular brand in Ghana and has large shareholders.

b. Mr. Johnson Walker is resident of Netherlands. In the course of an ongoing tax investigation, it has been identified that Mr. Johnson Walker failed to declare her bank accounts with Agricultural Development Bank in Ghana. Netherland also suspects that accounts may have been opened in the name of Mr. Johnson Walker’s daughter, Phyllis. As Phyllis is the daughter of the beneficial owner, Netherland requests information on all accounts with Agricultural Development Bank held in both Mr. Johnson Walker and Ms. Phyllis Walker’s names.

c. Yesterday you reviewed a request for information from the revenue department of France. The file, however, is back on your table today as it has been discovered that a loan application which is subject to such exchange of information contains a secret trade formula.

d. Your junior colleague has just sent you an email, asking you to differentiate between “spontaneous exchange”, exchange of information on request, and automatic exchange of information. He believes that information that has recently been obtained upon request from Italy could be of interest to South Africa Tax Authority. Assume that no exchange of information agreement exists between Italy and South Africa.

Required
What will be your response to each of the requests? State reasons for your responses.

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TAI – Feb 2020 – L1 – Q5 – Tax Audit Engagements and Investigations

Outline audit evidence, substantive tests, and tax implications for payroll audit of Eastwood Engineering Limited.

You have been assigned by the audit manager of your firm to conduct a payroll audit of Eastwood Engineering Limited, a plastic manufacturing company with a turnover of GH¢25 million. The head office sited in Abokobi includes the manufacturing unit, the accounting department and the main administration. There are a number of sales officers in different parts of the country.

The wages records are computerized, and all the wages information are processed at the head office. Some of the employees in the manufacturing unit are paid cash and all the other employees are paid directly into their bank accounts. Manufacturing employees are paid their wages a week in arrears. All other employees are paid at the end of the week.

There is also a personnel department, which is independent of the wages department. The personnel department maintains the records of the employees including the starting date, grade, current salary and date of separation.

Previous tax audit reports by Ghana Revenue Authority in accordance with Section 36 of Revenue Administration Act, 2016 (Act 915) have revealed that:
i) The company failed to deduct appropriate taxes on wages and salaries of staff especially the casual employees.
ii) Paying fictitious employees and failing to account for the payment on the payroll.
iii) Paying employees after they have left.

Due to these abnormalities detected in the earlier audits by the Ghana Revenue Authority, the audit manager has asked you do consider audit procedures you would carry out to obtain sufficient appropriate evidence of the existence of employees and to ensure that appropriate taxes have been deducted and paid to the Commissioner General of Ghana Revenue Authority.

You are required to prepare a briefing paper which should guide the audit team you are required to lead in the field in the form of a memorandum for the consideration of your audit manager outlining:
i) The audit evidence you would obtain to verify the existence of employees whose wages are paid both in cash and directly into their bank accounts.

ii) The substantive test you would carry out to verify that appropriate taxes are deducted and paid to the Commissioner General of Ghana Revenue Authority.

iii) The tax implications both now and in the future of the company’s infractions as indicated in the tax audit report.

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TAI – Aug 2020 – L1 – Q4 – Audit Review and Reporting

Recommend examination procedures for reviewing God’s Time Ltd.’s profit forecast for COVID-19 financial assistance.

In order to assist businesses during the COVID-19 period, the Government of Ghana has announced various packages including financial assistance to various companies and other Small and Medium Enterprises. Your firm, Prosper & Co has been approached to perform an assurance engagement for God’s Time Ltd; the engagement will be a review of prospective financial information which is needed to support the company’s application for financial assistance provided under COVID-19 facilities. God’s Time Ltd had its financial year ended 31st December each year.

The operating profit forecast for the two years to 31st December 2020 prepared by a member of the accounting team of God’s Time Ltd is shown below, along with some accompanying notes.

Six months to 30th June 2019 Six months to 31st Dec. 2019 Six months to 30 June. 2020 Six months to 31st Dec. 2020
GH¢ GH¢ GH¢ GH¢
Earnings 2,801,597 3,088,680 4,210,265 4,429,728
Direct costs 2,135,938 2,315,746 3,413,711 3,618,584
Gross Profit 665,659 772,934 796,554 811,144
Operating Exp.
Wages & Salaries 168,452 184,864 209,546 218,762
Advertising 13,840 20,542 28,548 31,540
Design costs 21,580 32,456 50,452 43,546
Marketing 10,896 12,458 16,520 34,450
Interest on Loan 45,543 48,620 51,654 60,542
Other Operating Exp 266,264 309,173 318,622 324,458
Net Profit 139,084 164,821 121,212 97,846

Additional Notes: i. God’s Time Ltd is a producer of greetings cards and giftware; the demand for which is seasonal in nature.

ii. Design costs are mostly payroll costs of the staff working in the company’s design team, and the costs relate to the design and development of new product ranges.

iii. The total ‘Other expenses’ is calculated based on 40% of the projected revenue for the six-month period.

iv. In 2019, the company was granted a loan facility to complete the ongoing factory project.

Required:

Recommend the examination procedures which should be used in the review of the profit forecast.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      (B)

You are the supervisor in-charge of the audit of Titi bidi Construction Company Limited. The audit of the company is near completion, and you are finalizing the audit report. As part of your final review, you want a confirmation that, the tax liability as reported is accurate and as such there is no liability that has not been captured.

Required:

Outline the audit steps to verify that, all tax payments and tax credits has been captured and the liability as reported is accurate.

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TAI – Aug 2020 – L1 – Q1 – Tax Audit Roles

Explain five roles of the tax audit and investigation program in Ghana's tax administration.

(A) The audit program of Ghana Revenue Authority performs a number of important roles that, if effectively carried out, can make a significant contribution to improve administration of the tax system in the country.

Required: Explain five roles tax audit and investigation program performs in the tax administration of Ghana.                                                                                                                                                                                                                                                                                   (B)

The efficiency and effectiveness of Ghana Revenue Authority’s audit activities depend mainly on the nature and scope of powers in the underlying legal framework in place. Among such powers includes the provision of adequate powers for obtaining information and an appropriate regime of sanctions to deter and penalize non-compliance.

Required: State and briefly describe five (5) key elements of legal framework relating to the tax audit function of Ghana Revenue Authority as under the tax laws and administration of Ghana.

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AT – Mar 2025 – L3 – Q1 – Taxation of Companies

Compute allowable financial cost and company tax payable for Afraa LTD for 2024, including tax implications.

a) Afraa LTD made a net profit before tax of GH₵1,100,000 for the year 2024.
The following were effected before arriving at the net profit before tax:

  • Depreciation: GH₵105,000.
  • Income tax paid (meant for last quarter of 2023): GH₵22,500.
  • Financial cost (from financial derivatives): GH₵350,000
  • Financial gain (from financial derivatives): GH₵105,000

Additional Information:
Capital allowance of GH₵180,000 and Donations to Osu Children’s home of GH₵30,000 which were agreed on with Ghana Revenue Authority are yet to be recognised in the financial statements.
Required:
Compute the allowable financial cost and the company tax payable for 2024. Explain any other tax implications.

b) Premier Insurance Company LTD located at Koforidua submitted the following accounts for the year ended 31 December 2024.

Note GH₵
Gross premiums received 3,380,000
Premiums returned to insurers 118,500
Reinsurance premiums paid 126,000
Claims settled 1,185,000
Reinsurance claims recovered 24,000
Commissions to agents 271,200
General administrative expenses 881,900
Interest on Bank Deposits (Net) 418,000
Gross income from insurance consultancy services rendered 350,000
Dividends received (Net) 341,000
Reserves for unexpired risk at 31/12/2023 910,000

Notes:

  1. Commissions to agents
    | | GH₵ | |——————————–|————| | Casual commission agents | 250,000 | | Unnamed commission agents | 21,200 |
  2. General administrative expenses
    | | GH₵ | |——————————–|————| | Water and electricity | 69,200 | | Office wages and salaries | 414,560 | | Repairs to premises | 91,920 | | Motor expenses | 57,040 | | Depreciation | 56,800 | | Loss on sale of equipment | 20,640 | | Professional charges (Note iii) | 66,000 | | Sundry expenses (Note iv) | 103,840 | | Entertainment | 1,900 |

i) Repairs to premises

GH₵
Construction of main gate and Landscaping 86,360
Minor office decoration 3,600
Re-plastering of damaged walls 1,960

ii) Motor expenses

GH₵
Travelling expenses 7,200
Purchase of new vehicle engine 35,000
Fuel and lubricants 14,840

iii) Professional charges

GH₵
Accounting and audit fees 23,200
Cost of obtaining new lease to build an office complex 42,800

iv) Sundry expenses

GH₵
Penalty for late filling of tax returns 9,500
Donation to Ghana Education Trust Fund (confirmed by GRA) 8,000
Postage and courier services 7,200
Fines for vehicle wrong parking 1,300
Office cleaning 29,000
Business Operating Permit paid to Ada District Assembly 15,000
Printing and stationery 25,500
Telephone and communication/internet services 8,340

Other information:

  • Reserves for unexpired risk is calculated at 45% of net insurance premium.
  • Capital allowance for the year has been agreed at GH₵65,400 after consideration of all available information in the tax returns.
    Required:
    Determine the chargeable income of Premier Insurance Company LTD.
    (9 marks)

c) Practice notes are issued by the Commissioner-General of the Ghana Revenue Authority (GRA), by publishing a notice in the Gazette or on their website or in at least two daily newspapers of national circulation.

Required:

As a tax finalist working with Kato Chartered Accountants, explain to your study partner FOUR purposes of issuing practice notes.

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AT – Nov 2024 – L3 – Q5a – Transfer Pricing Documentation and Compliance

Explain the required transfer pricing documentation and exemptions under Ghana’s Transfer Pricing Regulations, 2020 (L.I. 2412).

You are a Senior Transfer Pricing Associate of Fameye and Associates. You have received the following email from a former client, Asew LTD, who has received a Transfer Pricing audit assessment from the Ghana Revenue Authority (GRA) for the 2021, 2022, and 2023 years of assessment.

Subject: Transfer Pricing Compliance Assistance

Hello Team,

I came to the office today and received a letter from the GRA regarding a tax assessment on transfer pricing issues. According to the letter, our company owes the GRA some penalties for non-compliance with the transfer pricing regulations. I am confused as to what our compliance obligations are. I would need your assistance on how we can comply with the transfer pricing laws of Ghana.

I hope to hear from you soon.

Kind regards,

Nii Armaah
Managing Director, Asew LTD

Required:

In line with the provisions of the Transfer Pricing Regulations, 2020 (L.I. 2412), draft a response for the review of your Tax Partner, covering the following:

(i) The required transfer pricing documentation that must be maintained by companies in Ghana under the three-tier transfer pricing documentation requirements, including the time by which these must be filed with the GRA, where applicable.                      (ii) TWO conditions or circumstances under which a company may be exempted from compliance with any of the above documentation requirements.

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PT- Nov 2024 – L2 – Q5d – Data Analytics in Taxation

Explain how data analytics can be used to detect tax evasion and provide examples of how GRA might use data analytics to enhance tax compliance.

GRA’s use of data analytics has become increasingly important in identifying tax evasion and improving compliance.

Required:
i) Explain how data analytics can be used to detect tax evasion. 
ii) Provide TWO examples of how GRA might use data analytics to enhance tax compliance.

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