Question Tag: Withholding Tax

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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 2018 – L2 – Q5 – Taxation of Specialized Business Sectors

Discuss tax consequences of establishing a cattle farm in Ghana and the impact of location on incentives.

(a). The Chief Executive Officer (CEO) of Dana, a meat processing company based in the United Arab Emirates is exploring the possibility of expanding the operations of the company to Ghana. The CEO intends to establish a cattle farm and an ultra-modern meat processing which would process the meat for export to the Middle East. His initial inquiries revealed that Ghana has tax incentives for investors who seek to establish businesses which produce items for export.

Required: As the preferred tax advisor, provide an opinion on the income tax consequences of establishing a cattle farm indicating whether the location of the farm impacts on the tax incentives available to an investor.

(b). Based on your knowledge of the Free Zone Act, 1995 (Act 504) state and discuss five (5) tax incentives which the investor can obtain if he registers the meat processing factory as a Free Zone Enterprise.

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  • 18 Marks

STP – Feb 2020 – L2 – Q2 – Tax Implications of Financing Options

Advise on tax implications of financing a plant purchase as equity or loan for red flow Ghana Limited.

Red flow Ghana Limited is a manufacturing entity in Ghana. Mr. Kurt Wildem, a citizen and resident of Germany owns 90% of the company’s shares. Mrs. Florence Wildem, a citizen and resident of Germany and wife of Mr. Wildem also owns 5% of the shares of the company. Mr. Jogen Wildem, the son of Mr. Kurt Wildem holds the remaining 5% of the shares in the company. As of 1st June 2019, the company had a stated capital of GH¢400,000.00. A report submitted by the management to the Board of Directors indicated that the company needs to acquire a plant valued at GH¢1,000,000.00 to enable the company to increase its production capacity. Mr. Kurt Wildem who is the majority shareholder has offered to finance the purchase of a plant for the company, but his challenge is whether to provide the asset to the company as a loan or as equity.

Required: Advise Mr. Kurt Wildem on i. the income tax treatment of providing the asset to the company as equity contribution. (7 marks) ii. the income tax treatment of providing the asset to the company as a loan. (7 marks) iii. the preferable option for providing the asset to the company in order to derive the maximum tax benefits.

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  • 20 Marks

STP – Aug 2016 – L2 – Q5 – Corporate Tax and Compliance

Compute corporate tax, capital allowances, tax position, and withholding taxes for SKABY Bank for 2014 and 2015.

Due to the aggressive stance of the GRA in recent times, the urgency and pace of submission of tax returns to the GRA has more than doubled. The Chief Finance Officer of SKABY BANK Ltd. requires to discuss Skaby’s Tax returns for year 2014 and 2015 by close of day today to enable him engage the Finance committee of the Board with the various tax liabilities arising from the two years’ banking activities and also access the Bank’s tax compliance level.

As Tax Consultant to SKABY BANK Ltd., extracts of the 2014 and 2015 financial statement which read as follows, has been deposited on your table for your necessary action.

SKABY COMMERCIAL BANK
STATEMENT OF COMPREHENSIVE INCOME
FOR THE YEAR ENDED 31 DECEMBER 2015

Note 2015 GHC’000 2014 GHC’000
505,055.00 377,000.00
2 (82,200.00) (51,300.00)
422,855.00 325,700.00
398,444.00 75,555.00
(10,424.00) (8,200.00)
88,020.00 67,355.00
24,800.00 15,980.00
45,620.00 8,300.00
30,420.00 24,280.00
541,295.00 417,335.00
9,000.00 7,992.00
550,295.00 409,343.00
225,000.00 215,560.00
325,295.00 193,783.00
82,000.00 32,000.00
243,295.00 161,783.00

2015 GHC’000 2014 GHC’000
242,000.00 180,600.00
256,920.00 190,600.00
6,135.00 5,800.00
505,055.00 377,000.00

b) Necessary default certificates of GHC20,000.00 have been received on income included in investment return for year 2015.

Note 2: a) Interest Expense paid

2015 GHC’000 2014 GHC’000
Borrowings 9,900.00 8,900.00
Current and Savings A/c 45,650.00 20,500.00
Time and Other deposits 26,650.00 21,900.00
82,200.00 51,300.00

b) $20%$ of interest expense payments’ mandatory withholding tax deduction has not been made.

Note 3: Fees and Commission Income

2015 GHC’000 2014 GHC’000
Commission on letters of credit 3,200.00 2,650.00
Commission on Turnover 39,050.00 34,000.00
Processing fees 5,000.00 4,500.00
Commission of foreign services 2,200.00 3,060.00
Other fees and Commissions 48,994.00 31,345.00
98,444.00 75,555.00

Note 4: Other Income

2015 GHC’000 2014 GHC’000
Dividend Income 2,000.00
Bad Debt recovery 3,000.00
Profit on sale of property 2,200.00
Rental Income 2,470.00 2,200.00
Other Income 3,100.00
8,300.00 8,300.00

Note 5 a). Operating Expenses Include

2015 GHC’000 2014 GHC’000
Advertising 2,000.00 2,000.00
Rental of premises 45,000.00 40,450.00
Directors fees 2,100.00 3,000.00
Depreciation 16,000.00 15,000.00
Amortization 6,000.00 2,500.00
Donation to MD on death of mother 62,500.00
Purchase of computers 50,000.00 2,000.00
Goodwill paid 20,000.00 25,000.00

b). Tax on rental of premises has not been accrued or paid to the GRA.

Note 6: Income Tax

2015 GHC’000 2014 GHC’000
Balance b/f 200.00
Paid for year 65,000.00 20,000.00
Deferred Tax 17,000.00 10,000.00
Total 82,000.00 30,200.00

Note 7: Extracts from the Property, Plant and Equipment schedule is as below

2015 Land & Building GHC’000 Equipment Further GHC’000 Computers GHC’000 Motor Vehicles GHC’000 Total GHC’000
Cost as at 1 January 2015 50,000.00 53,000.00 32,000.00 57,000.00 192,000.00
Additions for year 2,500.00 12,200.00 7,500.00 2,550.00 24,750.00
Disposals – (250.00) (350.00) (2,300.00) (2,900.00)
Write-off – (200.00) (45.00) – (245.00)
At 31 December 2015 52,500.00 64,750.00 39,105.00 57,250.00 213,605.00

Note 8 Extracts from the Intangible Assets (GOODWILL) Register is as below

2015 GHC’000 2014 GHC’000
Cost as at 1 January 2015 7,500.00
Acquisition 10,500.00 7,500.00
Bal at year end 2015 18,000.00 7,500.00

Management policy for writing off goodwill is 10 years.

Required
Kindly present to the Chief Finance Office tax information on;
a) Corporate tax computation for year 2015 and 2014,
(10 marks)
b) Capital Allowance computation for year 2015 and 2014,
(8 marks)
c) Skabi’s Tax Position for year 2015 and 2014,
(2 marks)
d) Withholding taxes payable by Skabi to the GRA.
(2 marks)

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  • 20 Marks

STP – Aug 2016 – L2 – Q3 – Tax Residency

Determine if Berchem Plc is a tax resident in Ghana.

Berchem Plc UK (Berchem) is a foreign company that provides engineering services to Gritty Electricals Company Ltd (GEC) here in Ghana. Koranten Systems (Koranten) serves as a country representative for Berchem in Ghana and assists Berchem to execute their service contracts. Koranten Systems provides labour and local material support to Berchem when needed on the contract, whereas Berchem provides the prefinancing, expertise and specialized equipment for the execution of work. As compensation, Koranten is paid commission in cash and equipment.
Berchem won its first contract with GECin January 2014. To date, no VAT was ever charged on invoices billed to GEC by Berchem. GEC also failed to withhold taxes on payments made to Berchem. Both GEC and Berchem had the general belief that these taxes were not stated as part of the signed contracts and therefore were not applicable in respect of the contracts. Berchem again saw the VAT charge as rendering pricing of the projects uncompetitive.

Consultants to GEC have recently advised GEC to start withholding taxes from payments made to Berchem as required by the Income Tax Act, since Berchem has been providing service in Ghana for “at least 2 years”.

Required:
On behalf of Berchem Plc, The Chief Executive of Koranten requests you to provide tax advisory service on the new development. Koranten requests for a documented Tax expert advice to submit to Berchem in respect of
a) Whether Berchem Plc is tax resident in Ghana,

b) The relevance, the basis and application of VAT, withholding, and corporate taxes on the business dealings between Berchem and GEC.

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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 2012 – L3 – Q3 – Tax Responsibilities

Advise BIC on VAT, corporate, expatriate, and withholding tax responsibilities.

Broadway International Contractors (BIC) won the bid to construct the George Bush highway for five years but was ill advised about the tax responsibilities in respect of the construction work.

The GRA conducted a tax audit on completion of the project and noted several weaknesses in BICs tax compliance requirements.

As Tax Consultant you have been approached by BIC to advise as appropriate on the tax effects of the work. In particular Broadway International Contractors would wish to receive advice on their
a) Basic VAT responsibilities (8 marks)
b) Basic corporate tax responsibilities (8 marks)
c) Expatriate Payroll liability (4 marks)
d) Withholding tax liability on payments receivable from the Ministry of Highways and payment for services? (2 marks)

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  • 20 Marks

OGMT – Aug 2020 – L1 – Q4 – Taxation of Mining Entities

Compute tax liabilities for ABC Mines Ltd for 2019, including royalty, withholding, income, and capital gains taxes.

ABC Mines Ltd. is a mining company operating in the Underground Mine. Commercial production commenced in the Underground Mine in 2019. ABC Mines Ltd also has mineral rights in the Surface Mine which is yet to commence commercial production. In 2019, ABC Mines Ltd. disposed of its mineral rights in Surface Mine.

The highlights of 2019 revenue and expenditure disclosed in tax returns filed by ABC Mines Ltd. are as follows:

Revenue GHe
Gross income from its operations in 2019 450,000,000
Realised sum from disposal of mineral rights in Surface Mine 100,000,000
Hedging Income 40,000,000
Total Revenue 590,000,000

Expenses include but not limited to the following:

Expenses GHe
Reconnaissance & Prospecting Cost (Underground Mine) 100,000,000
Reconnaissance & Prospecting Cost (Surface Mine) 50,000,000
Depreciation 20,000,000
Expenses on Hedging transactions 10,000,000
Operating Expenses (Underground Mine) 80,000,000
General and Administration Expenses (Surface Mine) 20,000,000
Interest Expense (Underground Mine) 20,000,000
Profit before tax 200,000,000

You are required to compute the liability for each tax type that ABC Mines Ltd will pay in the 2019 year of assessment. State the underlying assumptions of your computations.

Additional Information:
Minerals produced in the Underground Mine worth GHS40,000,000 was destroyed in the leased area. An amount of GHS35,000,000 was paid as insurance claims to ABC Mines Ltd in respect of the minerals destroyed.

Tax Rates Rate
Income Tax Rate for Companies 25%
Mineral Income Tax Rate 35%
Mineral Royalty Rate 5%
Interest Withholding Tax Rate 8%
Capital Allowance Rate 20% on straight line basis
Capital Gains Tax Rate 15%

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  • 20 Marks

ATP – Aug 2019 – L2 – Q3 – Corporate Tax and Penalties

Compute Yentua Limited’s 2018 tax liabilities, including penalties, using financial statement data.

Yentua Limited is a company registered in Ghana under the Companies Act 1963, Act 179 on 15th September 2017. It started operations on 1st October, 2017. The company buys metal scraps both from internal and external sources and sells to the iron rod manufacturers in Tema. The company was not registered with the Ghana Revenue Authority and therefore has never submitted any tax returns on its operations. The activities of the company came to light when a team of Revenue Officers from the Enforcement unit of the Ghana Revenue Authority met the Managing Director and his staff in full operation. The team educated the Managing Director and his management team on importance of payment of taxes and registering with the Ghana Revenue Authority and submitting the tax returns to the Authorities regularly. The Managing Director then presented Tax Credit Certificates (TCC) totalling GH¢ 134,000 and receipts for duties paid on imported goods as taxes paid and therefore claimed his company was tax compliant. The Managing Director later approached you as a Tax Practitioner to help the company complete its tax returns on its business operations to Ghana Revenue Authority. The extracts from the company’s financial statement presented by the Finance officer for the year ended 30th September 2018 were as follows:

Yentua Limited
Income Statement

GH¢ GH¢
Turnover 7,800,000.00
Cost of Sales (6,929,300.00)
Gross Profit 870,700.00
Administration and General Expenses (660,000.00)
Net Profit 90,000.00

Note 2: Cost of Sales

GH¢
Local Purchases 4,400,000.00
Imports 1,580,000.00
Freight and Insurance 98,500.00
Import Duties 436,000.00
Cargo Truck 240,000.00
Repairs and Maintenance 52,000.00
Depreciation – Truck 48,000.00
Fuel and Lubricants 24,000.00
Transport and Handling 50,800.00
Total 6,929,300.00

Note 3: Administration and General Expenses

GH¢
Salaries and Allowances 285,000.00
Directors Remuneration 64,000.00
Consultancy Fees 90,000.00
Printing and Stationery 10,500.00
Rent (Office Building) 60,000.00
Rent (Residential) 36,000.00
Equipment Rentals 79,000.00
Utilities 35,500.00
Total 660,000.00

Required:
Determine the tax liabilities due from the company in respect of direct taxes for 2018 year of assessment, including any relevant penalties that are applicable. Corporate Tax rate applicable to the company is 25%.

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  • 20 Marks

ATP – Aug 2019 – L2 – Q2 – Indirect Taxes

Calculate NHIL, GET Fund, VAT, and Withholding Tax for Menuaa Manufacturing for October 2018.

Menuaa Manufacturing Limited (MML) produces iron rods for sale in both the domestic and foreign markets. The company is registered with the Ghana Revenue Authority for Value Added Tax (VAT). The company’s transactions during the month of October 2018 were as follows:

Transactions GH¢
Sales (VAT Inclusive) 756,000
Exports to Sierra Leone 120,000
Relief Supplies 48,000
Purchase of Rolling Equipment 55,500
Hotel Expenses for Staff at a workshop on the new amendment on the VAT law. (VAT Inclusive) 4,500
Stationery purchased for Administration work 15,600
Iron Ingot imported (CIF) 141,750
Local Purchases 50,000

Unless otherwise stated Sales and Purchases are all Value Added Tax exclusive. National Health Insurance and GET Fund Levies are also exclusive except where it has been specifically stated.
Required:
a. You are required to calculate the NHIL and GET fund levies, VAT payable, if any, and Withholding Tax for October 2018.

b. State the last date when each payment is due.

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  • 4 Marks

PT – Aug 2022 – L2 – Q5b – Withholding Tax Administration

Explain two circumstances where withholding taxes are exempt.

Explain TWO (2) circumstances under which withholding taxes are exempt.

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  • 4 Marks

PT – Nov 2020 – L2 – Q5c – Withholding Tax Administration

Compute withholding tax on interest payments received by a resident individual.

Mike Kotex, a resident individual, received interest from the following:

Source Amount (GH¢)
Resident Financial Institution 10,000
Pearl Micro-Finance 9,000
ABC Ltd – Oil Marketing Company 8,000

Required:
Compute the taxes payable on the payments to Mike Kotex and comment on the payment of interest by ABC Ltd to Mike Kotex. (4 marks)

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  • 5 Marks

PT – Nov 2021 – L2 – Q5a – Withholding Tax Administration

State the merits and demerits of the withholding tax regime in Ghana

Withholding tax is deducted at source by an authorised agent and accounted later to the Commissioner-General of Ghana Revenue Authority.

Required:
State TWO (2) merits and TWO (2) demerits of the withholding tax regime.

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  • 6 Marks

PT – Nov 2020 – L2 – Q5b – Withholding Tax Administration

Compute withholding taxes on goods, services, and works for resident companies.

The following relates to payments by Manita Ltd, a company resident in Ghana, to another resident company. Both companies are not exempt from withholding taxes:

Description Amount (GH¢)
Goods 3,000,000
Services 1,200,000
Works 2,000,000

Upon scrutiny of the company’s records, the following additional information emerged:
i) It came to light that the goods above include a dividend payment of 10%.
ii) The services above relate to 50% management and technical services and 50% consultancy services.

Required:
Compute the withholding taxes payable (if any) and state TWO (2) reasons for withholding tax imposition. (6 marks)

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  • 13 Marks

TX – May 2019 – L3 – Q2a – Taxable Income Calculation and Obligations

Calculate the taxable income and assess the tax obligations for a secondment and other income.

Agyemang Boateng has been working with Intellect Consult Limited (ICL) since 2010. At the beginning of January 2016, he was seconded to Accra Metropolitan Assembly (AMA) for a period of six months to be part of a team to spearhead a restructuring exercise and the review of the system of internal controls at the Revenue department of AMA.

Terms of the AMA engagement:

ICL was to be paid a one-off settlement of GH¢10,000 at the completion of the engagement as well as reimbursement of monthly operational expenses incurred based on submission of the relevant invoices.

Agyemang’s only entitlements from AMA were the following monthly allowances:

Inconvenience Allowance: GH¢300
Extra Duties Allowance: GH¢200
Agyemang’s secondment to AMA did not in any way affect his salary and other entitlements from his employer, ICL, as these continued to accrue to him during the period of the secondment.

Agyemang’s earnings and entitlements from ICL for the year of assessment ended 31 December 2016 are as follows:

Basic Salary: GH¢46,000
Bonus: GH¢9,500
Fuel allowance: GH¢1,750
Entertainment allowance: GH¢7,500
Additional Information:

Agyemang stays in a fully furnished ICL bungalow at East Legon in Accra. ICL charges him a rent of GH¢150 per month.
Agyemang makes use of ICL’s company vehicle, driver, and fuel for official use only.
On 1 January 2016, Agyemang successfully applied for a GH¢10,000 loan from his employer, ICL. His employer charged him interest of 2% per annum on the loan. During this period, Bank of Ghana policy rate was 15%. The loan was repayable within ten months.
On 1 October 2016, Agyemang commenced part-time lecturing in Accounting at a local private Senior High School. He was paid monthly for his services, and the total amount received for the three months ended 31 December 2016 was GH¢5,000 gross.
Agyemang’s other non-employment-related income received during the year ended 31 December 2016 were:

Net royalties received for his Accounting textbook: GH¢21,250
Gross local company dividends (Unquoted Company shares): GH¢13,000
Interest on Bank deposits from local financial institutions: GH¢10,000
Gross lottery winnings: GH¢12,000
Required:

i) Calculate Agyemang’s taxable income for the year ended 31 December 2016. (10 marks)

ii) State AMA’s tax obligation when making the disbursement of GH¢10,000 to ICL. (1 mark)

iii) What are the tax implications to Agyemang with respect to the following:

Part-time lecturing
Royalty
Dividends
Interest on bank deposit (2 marks)
iv) What is the tax implication of the loan taken by Agyemang? (1 mark)

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  • 20 Marks

AT – April 2022 – L3 – Q5 – Business income – Corporate income tax | Tax planning

A trainee accountant is tasked with correcting errors in the tax computation of Prime Shea Ltd. The tasks include determining allowable financial costs, preparing a revised tax computation, calculating the tax payable, and recommending a process for appeal against a tax audit assessment.

a) You are a Trainee Accountant, and your manager has asked you to correct a company tax
computation which has been prepared by the Managing Director of Prime Shea Ltd, a
manufacturing company located in Batanyili, a suburb of Tamale in the Northern Region.
The company commenced business on 1 January 2014. The company tax computation is
for the year ended 31 March 2020 and contains a significant number of errors:

Required:
i) Determine the allowable financial cost for the year ended 31 December 2020. (4 marks)
ii) Prepare a revised tax computation to determine the chargeable income for the year ended
31 December 2020. (4 marks)
iii) Calculate the tax payable by Prime Shea Ltd under the Income Tax Act 2015 (Act 896) as
amended. (2 marks)

 

b) You are a final level CA student who has been helping Naagode Ltd on tax issues. Naagode Ltd has been doing business in the international space, importing and exporting products. You have been told that when you qualify, you would manage their Tax Department.

What has baffled the company lately is an audit outcome by the Ghana Revenue Authority. The audit was done in two-folds. One by the Post Clearance Audit Department of the Customs Division and the other by Tax Audit and Quality Assurance (TAQA) Department of Domestic Tax Revenue Division.

The audit findings are as follows:

Post Clearance Audit Department of the Custom Division:
Import Duties GH¢10,000,000
Value Added Tax (VAT) GH¢12,000,000
National Health Insurance Levy (NHIL) GH¢4,000,000
Ghana Education Trust Fund (GET/Fund) GH¢4,000,000

TAQA Department of Domestic Tax Revenue Division:
Corporate Tax GH¢230,000,000
VAT GH¢29,000,000
NHIL GH¢29,000,000
Withholding Tax (WHT) GH¢105,000,000

The management of Naagode Ltd has asked you to assess the chances of the Company if an objection to the assessment is raised as it considers the assessment quite excessive.

Required:
Recommend the process that the management should adopt to ensure success in its appeal.

 

 

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  • 4 Marks

TF – May 2018 – L3 – Q4a – Permanent establishment

Discuss how a non-resident person is taxed in Ghana with and without a permanent establishment.

Tax administration allows for cross-border transactions. To this end, entities conduct businesses across countries as a way of increasing their competitiveness and international appeal and consequently their profits.

Required:
Discuss how a non-resident person would be taxed in Ghana if they:
i) Have a permanent establishment.
ii) Do not have a permanent establishment.
(4 marks)

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  • 4 Marks

AT – May 2021 – L3 – Q1b – International Taxation

Evaluate the accuracy of the statement about withholding tax on global payments for goods, works, and services.

At a public symposium, a tax administrator made a statement to the effect that withholding taxes must be exacted from any payment made to persons around the world for goods, works, and services.

Required:
Evaluate the extent to which this statement is true in the light of the tax provisions of the Income Tax Act, 2015 (Act 896) as amended.

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  • 10 Marks

AT – Aug 2022 – L3 – Q5b – Tax Planning

Advise Wina Ltd on the tax implications of acquiring shares and providing a financial facility to Fatia Ltd in Ghana.

Wina Ltd (Wina) is a company incorporated in the United States of America and also resident
in the United States of America. The Company has been looking for opportunities across Africa
to invest its idle funds in support of shareholders’ decision.
In the latter part of 2021, the management of Wina identified Ghana as a country with huge
potentials for foreign investments. Wina intends to acquire 60% shares in Fatia Ltd (Fatia), a
company resident in Ghana with indigenous ownership but with unimpressive financial
records.When the deal is approved, it would provide a financial facility, the equivalent of
GH¢10,000,000 as a loan with interest at the rate of 22.5% comparable to all other interest
rates.
The equity of Fatia amounts to GH¢500,000 comprising Stated Capital of GH¢250,000,
Retained Earnings of GH¢200,000 and Revaluation Reserves of GH¢50,000.
Required:
Using the format of a memo:
Advise the management of Wina as a final level candidate on the tax implications of this
investment and the credit support that Wina can give without any restriction from the Ghana
Revenue Authority.

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