a) Selassi Afolabi was employed as the Personnel Manager of Tano North District Assembly on 1 March 2021 on salary scale of GH¢72,000, which is expected to increase by GH¢4,000 annually to a maximum of GH¢84,000. As part of his conditions of employment, he is entitled to the following: i) He has a fully furnished accommodation. ii) He has a vehicle, fuel and driver for official use only. iii) Risk allowance of GH¢2,000 a month. iv) Inconvenience allowance of GH¢1,500 a month. v) Professional allowance of GH¢2,500 a month. vi) He was paid a bonus of GH¢16,000. vii) He had the services of a gardener who receives monthly salary of GH¢800, paid by the employer. viii) He is divorced with three children who are schooling in government approved schools in Ghana. ix) He contributes 5.5% of his salary to the Social Security Scheme. x) He contributes 8% of his salary to an approved Provident Fund and his employers also contributes 10% on his behalf to the Provident Fund. xi) He received a net dividend of GH¢12,800 in 2023 from shares owned in a resident company. xii) He received a director’s fee of GH¢16,000 net of 20% WHT in 2023 from being a Board member in a private company.

Required: Determine his chargeable income for the 2023 year of assessment.

b) Adwoa Ntowbea is an investor in several companies in Ghana and abroad. Below are details of ordinary share dealing of Adwoa Ntowbea in Amaraaba LTD, a limited liability company in Ghana which is not listed on the Ghana Stock Exchange.

 

Date Details
1 Jan 2023 Bought 500 shares at GH¢11 each
18 Sept 2023 Bought 1500 shares at GH¢12 each
30 Dec 2023 Bought 800 shares at GH¢10 each
19 Nov 2024 Sold 500 shares for GH¢12 each

Required: i) Determine the gains on the shares sold

ii) Determine the tax, if any, on the shares sold.

iii) Explain the withholding tax regime on realization of capital assets.

iv) What are the tax return requirements on realization of capital gains?

a)

SELASSI AFOLABI COMPUTATION OF CHARGEABLE INCOME FOR 2023 Y/A (1/1/23 – 31/12/23)

 

Description GH¢
Basic Salary
1/3/21-28/2/22 72,000
1/3/22-28/2/23 76,000 × 2/12 12,667
1/3/23-28/2/24 80,000 × 10/12 66,667
79,334
Risk Allowance 24,000
Inconvenience Allowance 18,000
Professional Allowance 30,000
Excess Bonus: Amount paid 16,000
15% × 79,334 11,900
4,100
Employer Retirement Contribution to PF 7,933
SSF 10,313
TOTAL CASH EMOLUMENT 173,680
Add Benefits in Kind:
Accommodation 10% × 173,680 17,368
191,048
Other Income
Directors Fees 16,000 / 0.8 20,000
211,048
Less Reliefs / Deductions
Social Security Contribution: Employee 5.5% * 79,334 4,363
Employer 13% × 79,334 10,313
Provident Fund 16.5% × 79,334 13,090
Child Education 3 × 600 1,800
Marriage Responsibility Allowance 1,200
30,766
Chargeable Income 180,282

(b) Gain

 

Description GH¢
Consideration Received (500 × 12) 6,000.00
Less Cost
Cost 500 × 11 = 5,500
Cost 1500 × 12 = 18,000
Cost 800 × 10 = 8,000
Total cost = 31,500
Cost apportioned (500 / 2,800) × 31,500 5,625.00
Gain 375.00

(ii)

Tax @ 25% * 375 = 93.75                                                                                                                                                                                                                                                                                                                                                                                                                                           (iii)

A resident person shall withhold tax where that person pays consideration to another person in respect of realization of an asset and the payment has a source in Ghana.

(iv)

A person must submit a return to the GRA which contains a summary of taxes payable on capital gains on chargeable assets.