(a). CinequaNon Plc, a UK entity, is planning to build a new processing facility in Ghana. The Chief Executive in a meeting with Management needs to decide either to cite the facility in Accra or Kumasi. Market intelligence has no preference for citing the facility in Kumasi or Accra since information gathered indicate that business activities would largely be same in Kumasi and Accra for the next 10 years.

The following forecast information is relevant for the decision process being considered by management.

Kumasi GH $\phi$ Accra GH $\phi$
Expected Gross Receipts $2,500,000$ $2,500,000$
Payroll Expenses 200,000 250,000
Production costs including depreciation. 850,000 800,000

The erection of the factory structures and installation of equipment will cost GH $2,000,000 with attributable labour cost of GH $200,000. CinequaNon Inc intends to depreciate the equipment over a ten (10) year period.

Required: Calculate CinequaNon’s income tax liability for each proposed location for the first year.

(b). Would you advice for the facility to be cited in Nsawan taking into consideration the fact that Nsawam, it very close to Accra.

(c). Discuss three (3) non tax factors that CinequaNon UK Plc may consider in the decision process to locate either in Kumasi or in Accra.

(d). As a Chartered Tax Advisor, you receive a note from a client who requires to seek clarification on some tax issues relating to his line of business. The note is as detailed below.

Facts:

  1. Company X has purchased a teak concession from the Forestry Commission to fell for the logs.
  2. Company Y has contracted to purchase the teak timber from company X.
  3. Company Y pays VAT on the local purchase of teak on invoices issued by Company X.
  4. Company Y exports 100% of the teak to Company Z Overseas Plc., registered and operating in the Netherlands.

Query: Can company Y claim refund of such input VAT from the VAT authorities since company Y does not have any other business other than exporting of teak.

Required: As a Chartered Tax Advisor, kindly respond to the concerns raised by the client.

Income Tax Liability at both locations: CinequaNon Ghana Ltd. Tax Computation for year 1

Kumasi GHC Accra GHC
Gross Sales 2,500,000 2,500,000
Less:
Production costs 850,000 800,000
Payroll cost 200,000 250,000
1,050,000 1,050,000
Profit 1,450,000 1,450,000
Add Back: Depreciation 220,000 220,000
Adjusted Profits 1,670,000 1,670,000
Less capital Allowance 440,000 440,000
Chargeable Income 1,230,000 1,230,000
Tax payable (0.25 × 0.75), 0.25 230,625 307,500

The taxes due for year 1 under the two locations are: Kumasi GHC230,625 Accra GHC307,500 The tax differential is caused by location tax rate differentials implemented by Act 592.

Computation of capital allowances –

Cost GHC
Factory Structures and Equipment 2,000,000
Labour 200,000
2,200,000
Dep/Cap allowance @ 20% 440,000
Residue/Bal c/f 1,760,000

(b). Tax Computation for year 1

GHC
Gross Sales 2,500,000
Less:
Production costs 800,000
Payroll cost 250,000
1,050,000
Profit 1,450,000
Add Back: Depreciation 220,000
Adjusted Profits 1,670,000
Less capital Allowance 440,000
Chargeable Income 1,230,000
Tax payable (0.25 × 0.50) 152,750

I would advise that the facility be cited at Nsawam since the tax incentive for locating at Nsawam overruns two times locating in Accra and 50% less than locating in Kumasi.

(c). the three non-tax factors will include:

i. Accessibility to and location of market

ii. Distribution Cost

iii. Raw material source

iv. Labour pool

v. Infrastructural development

vi. Cost of operation etc

vii. Competition.

(d).Yes, Coy Y can claim the VAT paid on the purchase of logs from the GRA. Coy Y’s VAT charge is ZERO whiles its input VAT is real. Therefore Coy Y will be in a perpetual credit position if the GRA does not refund the VAT paid on the logs.

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