- 6 Marks
Question
Mamba, a company resident in Ghana, has spent the following amounts on its officers for 2020 and 2021 years of assessment:
| Expenditure | Shareholders (GH¢) | Executive Directors (GH¢) | Non-Executive Directors (GH¢) |
|---|---|---|---|
| 2020 | 10,000,000 | 2,000,000 | 3,000,000 |
| 2021 | 20,000,000 | 3,000,000 | 3,000,000 |
The breakdown of the expenditure is as follows:
- Shareholders: The company spent half the amounts for each of the years for its Annual General Meeting (AGM). The rest of the amount was spent on scholarships for shareholders’ children’s educational scholarships.
- Executive Directors: The amount spent in 2020 was on providing security arrangements in the private residence of the Managing Director. The 2021 amount was spent on recreational facilities at the Deputy Managing Director’s private home.
- Non-Executive Directors: The amounts for both years were spent to provide the directors with employable skills on the international arena when they exit as non-directors.
Required:
Enumerate the tax implication of these expenditures and comment on how the Ghana Revenue Authority would treat each of the expenditures. (6 marks)
Answer
- Shareholders’ Expenditure:
- The expenditure incurred for the Annual General Meeting (AGM) is allowable for tax purposes as it is related to the operational activities of the company. The AGM is considered a necessary business expense.
- The amounts spent on scholarships for shareholders’ children are not allowable for tax purposes. These expenses will be treated as deemed dividends, and a withholding tax at the rate of 8% will be imposed on these amounts. Such scholarships confer private benefits to shareholders and are thus disallowed as business expenses.
- Executive Directors’ Expenditure:
- The expenditure on security arrangements for the private residence of the Managing Director in 2020 is considered domestic expenditure and is not allowable for tax purposes. The Managing Director must treat this as a personal benefit, which is taxable under employment income.
- The recreational facilities built at the Deputy Managing Director’s private home in 2021 are also domestic in nature and are therefore disallowed for tax purposes. The Deputy Managing Director may be required to treat this benefit as part of his taxable income.
- Non-Executive Directors’ Expenditure:
- The amounts spent on providing employable skills for non-executive directors on the international arena when they exit their roles are also domestic expenditure and are disallowed for tax purposes. These expenditures are not directly related to the business operations of the company.
In summary, most of the expenditures are considered non-allowable for tax purposes, with the exception of the AGM expenses. Any expenses that confer private benefits to individuals, such as scholarships, security, or recreational facilities, are either disallowed or treated as employment income and subject to tax.
- Topic: Business income - Corporate income tax
- Series: MAR 2023
- Uploader: Theophilus