- 20 Marks
Question
Crystal Mining Ltd is a resident mining company operating in two mining areas in the Eastern and Western parts of Ghana under the name Alpha Ltd and Beta Ltd respectively. Crystal Mining Ltd has a shared processing facility for the two mining areas.
As part of efforts to increase its market share in the sector, it acquired a 40% stake in the operation of Omega Ltd, also a mining company in the Western part of Ghana.
Omega Ltd’s operations are in their early years, hoping to start production in the next three years. Crystal Mining Ltd commenced commercial operations in 2021.
The operational activity of Crystal Mining Ltd for the 2021 year of assessment is as follows:
| Description | GH¢ |
|---|---|
| Gross Revenue | 1,000,000,000 |
| Cost of Operation | (300,000,000) |
| Gross Operating Margin | 700,000,000 |
| Operating and Other Costs | (340,000,000) |
| Net Margin | 360,000,000 |
| Add: Interest (net of taxes) on current account | 1,000,000 |
Additional Information:
- Gross Revenue included the sale of an asset worth GH¢2,000,000, whose cost of acquisition was GH¢1,287,000.
- Gross dividend of GH¢400,000 was received from Axum Ltd, a company resident in Ghana, in which Crystal Mining Ltd holds 40% voting power. Axum Ltd engages in commerce. The dividend was added to the gross revenue above.
- Revenue from tailings amounting to GH¢1,000,000 was added to the cost of operation.
- Included in the cost of operation is the excess of financial cost from derivative of GH¢2,000,000 over financial gain from hedged arrangement of GH¢890,000.
- For the acquisition of a 40% stake in Omega Ltd, Crystal Mining Ltd paid GH¢4,000,000. The amount was added to the cost of operation.
- Research and development cost amounting to GH¢1,000,000 has been included in operational cost.
- Depreciation, depletion, and amortization of GH¢6,000,000 were included in the operational cost above.
- Overburdening stripping and shaft sinking cost of GH¢3,000,000 was added to Gross Revenue as a way of tax planning, according to the accountant. This cost was incurred prior to access to the resource in 2021.
- Further information:
- Reconnaissance and prospecting cost up to 2020 in respect of Alpha Ltd amounted to GH¢80,000,000 and was added to the cost of operation.
- Reconnaissance and prospecting cost up to 2020 in respect of Beta Ltd amounted to GH¢78,000,000 and was added to the cost of operation.
- Apart from Pay As You Earn (PAYE) from the staff, Crystal Mining Ltd has never paid taxes to the Ghana Government. This is a big concern to the Ministry of Lands and Natural Resources.
Required:
a) Compute the taxes payable by Crystal Mining Ltd and state any assumptions if any. (16 marks)
b) Advise the management of the company on when it must pay its taxes to the Ghana Revenue Authority. (2 marks)
c) What are the sanctions for non-adherence to the obligation of payment of taxes? (2 marks)
Answer
a) Computation of Taxes Payable by Crystal Mining Ltd for the 2021 Year of Assessment
Basis Period: January 1 – December 31, 2021

c) Sanctions for Non-Adherence to Payment of Taxes
If Crystal Mining Ltd fails to pay its taxes as required, the following sanctions may be imposed:
- Interest on Late Payment:
- The Ghana Revenue Authority (GRA) may impose interest on the unpaid taxes. The interest is calculated at 125% of the statutory rate and compounded monthly.
- Penalties:
- Failure to pay taxes on time may result in the imposition of penalties by the GRA, in addition to interest charges. Persistent non-compliance can also lead to further enforcement actions, including legal proceedings or the seizure of assets.
- Tags: Capital Allowance, Corporate Tax, Mining operations, Tax computation
- Level: Level 3
- Topic: Minerals and mining
- Series: MAR 2023
- Uploader: Theophilus