Ghana celebrated the “Year of Return with FANFARE” in 2019. The program was said to be a huge success.

The Year of Return Committee has asked you, a tax expert, to give a talk at the Ghana UK Based Achievement (GUBA) program to be held at the Accra International Conference Centre (AICC) on tax benefits for Ghanaians in the diaspora who are interested in doing business in Ghana.

Required:
Discuss the tax-efficient investment opportunities available to Ghanaians in the diaspora under the Income Tax Act, 2016 (Act 896). (10 marks)

The Income Tax Act, 2016 (Act 896) provides several tax-efficient investment opportunities for Ghanaians in the diaspora. These opportunities encourage investment in various sectors by offering reduced tax rates, tax holidays, and other forms of tax relief. Some key opportunities include:

  1. Temporary Concessions
    Ghanaians in the diaspora can benefit from temporary tax concessions available in priority sectors. These sectors include agriculture, manufacturing, and real estate development. The temporary concession allows businesses to pay reduced tax rates of 1% during the concession period. Specific examples include:

    • Tree crop farming: 10 years from harvest
    • Cattle farming: 10 years from the start of operations
    • Cash crops and livestock farming: 5 years from the start of operations
    • Agro-processing: 5 years from the start of operations
  2. Real Estate Development
    Real estate development enjoys significant tax incentives. Developers involved in affordable housing projects receive a 5-year tax holiday. After this period, the applicable tax rate is 25%.
  3. Venture Capital Financing
    Ghanaians in the diaspora who invest in venture capital financing companies can benefit from 10-year tax holidays on their income. Venture capital firms support small and medium enterprises (SMEs), which are key drivers of economic growth.
  4. Free Zones
    Investment in free zone enterprises offers attractive tax incentives. Free zone companies benefit from a 10-year tax holiday on profits derived from their export operations. After the holiday, they are taxed at a concessionary rate of 15% on export profits. However, income from domestic sales (up to the allowed percentage) is taxed at 25%.
  5. Locational Tax Incentives
    Investment in certain geographical areas of Ghana qualifies for locational tax incentives. For instance, businesses set up in regional capitals other than Accra and Tema benefit from reduced corporate tax rates of 18.75%, while businesses in other less-developed areas enjoy a tax rate of 12.5%.
  6. Investment in Agriculture
    Agriculture remains a key focus for tax incentives. Investors in agricultural projects, especially in priority sectors like tree crops, fisheries, and cattle farming, can benefit from tax holidays of up to 10 years. For example, tree crop farmers are exempt from tax for 10 years from the year of harvest.
  7. Indefinite Exemptions
    Certain investments benefit from indefinite exemptions from tax. These include:

    • Income from cocoa farming: Completely exempt from income tax
    • Real Estate Investment Trusts (REITs): Indefinite tax exemption on income generated from such trusts
    • Unit Trust Schemes and Mutual Funds: Indefinite tax exemptions for income earned through these vehicles
  8. Tax Holidays for Young Entrepreneurs
    Ghanaians in the diaspora, particularly those under the age of 35, who return to Ghana to establish businesses can benefit from 5-year tax holidays if they engage in priority sectors such as manufacturing or agriculture.
  9. Vehicle Assembly Incentives
    Investors in the vehicle assembly sector are given a 3-year tax holiday for assembling semi-knocked down vehicles and 10 years for complete-knocked down vehicle assembly. If an investor begins with semi-knocked down vehicles and later switches to complete-knocked down vehicles, a concessionary period of up to 10 years applies.

In conclusion, the Income Tax Act, 2016 (Act 896) provides a wide range of tax incentives aimed at encouraging Ghanaians in the diaspora to invest in Ghana. These incentives include tax holidays, reduced tax rates, and indefinite exemptions in key sectors such as agriculture, real estate, venture capital, and free zones. By taking advantage of these opportunities, Ghanaians in the diaspora can make tax-efficient investments while contributing to the economic growth of the country.