Question Tag: Income Surplus

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ATP – Aug 2017 – L2 – Q2 – Indirect Taxes and Capital Taxes

Determine direct and indirect tax liabilities, including penalties, for Tosese Limited for 2015.

Tosese Limited is a company registered in Ghana under the Companies Act 1963, Act 179 and has been in operation for several years. The company has been noted by the Tax Authorities for being non tax compliant and no returns were submitted and paid for direct taxes in the 2015 year of assessment. However, after much Tax Education with the support of his Tax Practitioner, the Finance Manager presented the financial statement to the GRA.

The summarised Income Statement for the year ended 31st December 2015 showed the following.

Tosese Limited Income Statement

Description GH¢
Turnover 5,640,000.00
Direct Costs 4,840,000.00
Gross Profit 800,000.00
Administration and General Expenses 560,000.00
Profit before Tax 240,000.00
Taxation 60,000.00
Profit after Tax 180,000.00
Net Profit Transferred to Income Surplus 180,000.00

Income Surplus Account

Description GH¢
Balance brought forward 1,575,000.00
Add Profit for the year 180,000.00
Balance carried forward 1,755,000.00

The details of the notes are shown below. Note 1. The company is registered for VAT and has not been submitting its returns regularly. The turnover per the VAT Returns submitted to the Commissioner-General during the period under review was GH¢5,080,000.00

Note 2. Direct Costs

Description GH¢
Imports 3,684,000.00
Freight and Insurance 368,400.00
Import Duties 736,800.00
Transport 50,800.00
Total 4,840,000.00

Note 3. Administration and General Expenses included

Description GH¢
Consultancy Fees 25,000.00
Printing and Stationery 84,000.00
Rent (Commercial Property) 61,280.00
Equipment Rentals 15,000.00
Directors Fees 60,000.00

Note 4. The Company since incorporation has never declared and paid any dividend to its four shareholders even though the company has consistently been declaring profit. The Commissioner-General has therefore decided to invoke Section 59 (8) of the Income Tax Act, 2015 Act 896 by notice in writing to apply 40% of the balance on the Income Surplus Account to Dividend Tax.

Required: You are to determine the tax liability due from the company in respect of direct and Indirect Taxes for 2015 year of assessment, including any relevant penalties that are applicable. Ignore Corporate Tax. Total 20 Marks.

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TX – May 2019 – L3 – Q1a – Tax planning-+

Analyze the tax implications for a company increasing its stated capital by transferring funds from income surplus.

Management of Kwame Enterprise Ltd considers increasing its stated capital by transferring GH¢600,000 from Income Surplus in 2019 year of assessment in its bid to expand its business horizon in future. The management of the company intends to consult widely on the taxability, if any, on this line of action.

Required:

Assess the tax implication of this funding arrangement by Management of Kwame Enterprise Ltd.
(3 marks)

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BCL – May 2019 – L1 – Q6a – Company Law

Explains the concepts of floating charge, naked debentures, and income surplus in company law.

a) Explain the following:
i) Floating charge
ii) Naked Debentures
iii) Income Surplus
(12 marks)

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ATP – Aug 2017 – L2 – Q2 – Indirect Taxes and Capital Taxes

Determine direct and indirect tax liabilities, including penalties, for Tosese Limited for 2015.

Tosese Limited is a company registered in Ghana under the Companies Act 1963, Act 179 and has been in operation for several years. The company has been noted by the Tax Authorities for being non tax compliant and no returns were submitted and paid for direct taxes in the 2015 year of assessment. However, after much Tax Education with the support of his Tax Practitioner, the Finance Manager presented the financial statement to the GRA.

The summarised Income Statement for the year ended 31st December 2015 showed the following.

Tosese Limited Income Statement

Description GH¢
Turnover 5,640,000.00
Direct Costs 4,840,000.00
Gross Profit 800,000.00
Administration and General Expenses 560,000.00
Profit before Tax 240,000.00
Taxation 60,000.00
Profit after Tax 180,000.00
Net Profit Transferred to Income Surplus 180,000.00

Income Surplus Account

Description GH¢
Balance brought forward 1,575,000.00
Add Profit for the year 180,000.00
Balance carried forward 1,755,000.00

The details of the notes are shown below. Note 1. The company is registered for VAT and has not been submitting its returns regularly. The turnover per the VAT Returns submitted to the Commissioner-General during the period under review was GH¢5,080,000.00

Note 2. Direct Costs

Description GH¢
Imports 3,684,000.00
Freight and Insurance 368,400.00
Import Duties 736,800.00
Transport 50,800.00
Total 4,840,000.00

Note 3. Administration and General Expenses included

Description GH¢
Consultancy Fees 25,000.00
Printing and Stationery 84,000.00
Rent (Commercial Property) 61,280.00
Equipment Rentals 15,000.00
Directors Fees 60,000.00

Note 4. The Company since incorporation has never declared and paid any dividend to its four shareholders even though the company has consistently been declaring profit. The Commissioner-General has therefore decided to invoke Section 59 (8) of the Income Tax Act, 2015 Act 896 by notice in writing to apply 40% of the balance on the Income Surplus Account to Dividend Tax.

Required: You are to determine the tax liability due from the company in respect of direct and Indirect Taxes for 2015 year of assessment, including any relevant penalties that are applicable. Ignore Corporate Tax. Total 20 Marks.

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TX – May 2019 – L3 – Q1a – Tax planning-+

Analyze the tax implications for a company increasing its stated capital by transferring funds from income surplus.

Management of Kwame Enterprise Ltd considers increasing its stated capital by transferring GH¢600,000 from Income Surplus in 2019 year of assessment in its bid to expand its business horizon in future. The management of the company intends to consult widely on the taxability, if any, on this line of action.

Required:

Assess the tax implication of this funding arrangement by Management of Kwame Enterprise Ltd.
(3 marks)

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BCL – May 2019 – L1 – Q6a – Company Law

Explains the concepts of floating charge, naked debentures, and income surplus in company law.

a) Explain the following:
i) Floating charge
ii) Naked Debentures
iii) Income Surplus
(12 marks)

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