Topic: Tax administration in Ghana

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AT – Nov 2024 – L3 – Q5a – Transfer Pricing Documentation and Compliance

Explain the required transfer pricing documentation and exemptions under Ghana’s Transfer Pricing Regulations, 2020 (L.I. 2412).

Question

You are a Senior Transfer Pricing Associate of Fameye and Associates. You have received the following email from a former client, Asew LTD, who has received a Transfer Pricing audit assessment from the Ghana Revenue Authority (GRA) for the 2021, 2022, and 2023 years of assessment.

Subject: Transfer Pricing Compliance Assistance

Hello Team,

I came to the office today and received a letter from the GRA regarding a tax assessment on transfer pricing issues. According to the letter, our company owes the GRA some penalties for non-compliance with the transfer pricing regulations. I am confused as to what our compliance obligations are. I would need your assistance on how we can comply with the transfer pricing laws of Ghana.

I hope to hear from you soon.

Kind regards,

Nii Armaah
Managing Director, Asew LTD

Required:

In line with the provisions of the Transfer Pricing Regulations, 2020 (L.I. 2412), draft a response for the review of your Tax Partner, covering the following:

(i) The required transfer pricing documentation that must be maintained by companies in Ghana under the three-tier transfer pricing documentation requirements, including the time by which these must be filed with the GRA, where applicable. (ii) TWO conditions or circumstances under which a company may be exempted from compliance with any of the above documentation requirements.

Answer

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Tags: Documentation, Ghana Revenue Authority, Multinational Entities, Tax Compliance, Tax Regulations, Transfer Pricing
Level: Level 3

Topic: Tax administration in Ghana
Series: Nov 2024

AT – Nov 2024 – L3 – Q4b – Crowding Out Effect in Fiscal Policy

Explain the concept of ‘Crowding Out’ in fiscal policy, using relevant examples.

Question

Expansionary Fiscal Policy has been criticised on the grounds that it can lead to ‘Crowding Out’.

Required:

Explain with appropriate examples what is meant by ‘Crowding Out’ as used under Fiscal Policy.

Answer

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Tags: Crowding Out, Economic growth, Fiscal Policy, Government Spending, Private Sector, Public Finance
Level: Level 3

Topic: Fiscal Policy, Tax administration in Ghana
Series: Nov 2024

AT – Nov 2024 – L3 – Q4a – Value Added Tax Deductibility

Determine the deductible input VAT for a VAT-registered company operating multiple business divisions under different VAT treatments.

Question

The two scenarios below relate to ClearTel LTD, a VAT-registered company in Ghana. Each scenario is an independent scenario and should be considered separately.

Scenario 1

ClearTel LTD operates three divisions (XYZ). Division X deals in the sale of computers and mobile phones. Division Y deals in the sale of locally-manufactured sanitary towels. Division Z is into the supply of fertilizers to farmers in Ghana.

Revenue from each division for 2024 is shown below:

Division	Description	Revenue (GH¢)
X	Computers and mobile phones	1,005,700
Y	Sale of locally-manufactured sanitary towels	2,500,000
Z	Supply of fertilizers to farmers	78,800,000

ClearTel LTD has incurred total input VAT of GH¢50,500,000, and the Finance Manager of the company is unable to determine specifically which division of the business this input VAT amount relates to.

Required:

Determine the amount of input VAT ClearTel LTD can deduct, in line with the provisions of the Value Added Tax Act, 2013 (Act 870 as amended). Justify your answer

Answer

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Tags: Deductibility, Exempt supplies, Input Tax, Mixed Taxation, VAT, Zero-rated supplies
Level: Level 3

Topic: Tax administration in Ghana, Value-Added Tax (VAT)
Series: Nov 2024

AT – Nov 2024 – L3 – Q3b – Prohibitions on Representation and Tax Advice

Explain the prohibitions on representation and tax advice in relation to tax consultants under the Revenue Administration Act, 2016 (Act 915).

Question

With reference to the Revenue Administration Act, 2016 (Act 915), what constitutes prohibitions on representation and tax advice in relation to tax consultants?

Answer

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Tags: ICAG Regulations, Legal Framework, Revenue Administration Act, Tax advice, Tax Compliance, Tax Consultants, Tax Representation
Level: Level 3

Topic: Tax administration in Ghana
Series: Nov 2024

AT – Nov 2024 – L3 – Q3a – Tax Planning and Objection to Tax Assessment

Advise Poyooyo LTD on provisions in tax laws to challenge a disputed tax liability.

Question

The Directors of Poyooyo LTD have heard of the Maxims of Tax Planning, which outline strategies for minimizing tax liabilities legally.

In a recent visit by the Domestic Tax Revenue Division of the Ghana Revenue Authority (GRA), the Large Taxpayers Office (LTO) in Accra conducted a tax audit on the company, resulting in tax assessments raised against Poyooyo LTD for settlement.

Management of the company, in their last meeting with the directors, presented the outcome of the tax audit and strongly argued that the assessment was erroneous. They claimed that the liabilities raised were based on legitimate tax planning strategies the company employed.

They believe that the company is in full compliance with the tax laws and should not be required to settle the tax liabilities assessed. However, payment of the liability would significantly impact the company’s cash flow and disrupt its operations.

Poyooyo LTD has approached your tax consulting firm for assistance and guidance.

Required:

Advise Poyooyo LTD on the provisions of the tax laws that could be taken advantage of to avert the payment of the liability.

Answer

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Tags: Appeals, Objection, Revenue Administration Act, Tax Audit, Tax Liability, Tax Planning
Level: Level 3

Topic: Tax administration in Ghana, Tax planning
Series: Nov 2024

AT – Nov 2024 – L3 – Q2c – Extension of Time and Early Filing of Tax Returns

Explain the conditions for tax return extension and early filing requirements.

Question

Akosua Sokode has set up a small business to sell cosmetics in Accra. She just called you, an associate member of the Institute of Chartered Accountants Ghana, to seek your advice on tax returns and payment of taxes. Akosua Sokode told you that she cannot meet her tax payment deadlines and cannot file tax returns by the due dates. She also confided in you that maintenance of documents is a big problem for her.

Required:

Address the concerns of Akosua Sokode by briefing her on the following:

i) THREE factors regarding the extension of time for filing tax returns.

ii) TWO circumstances under which the Commissioner-General may request for filing of tax returns before the due date.

Answer

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Tags: Commissioner-General, Compliance, Filing Deadlines, Revenue Administration Act, Tax Policy, Tax Returns
Level: Level 3

Topic: Tax administration in Ghana
Series: Nov 2024

AT – Nov 2024 – L3 – Q1b – Challenges in Tax Reforms in Ghana

Analyze two key challenges in tax reforms in Ghana.

Question

Countries, including Ghana, have embarked on various tax reforms geared towards improving tax revenue to help provide infrastructure and guarantee sustainable growth. Tax administration in Ghana has therefore seen a number of reforms over the years, including restoring the tax base, improving tax administration, and the integration of the Revenue Agencies into an Authority to act as a one-stop shop as per the Ghana Revenue Authority Act, 2009 (Act 791).

Required:
In reference to the statement above, analyze TWO challenges (key issues) on tax reforms in Ghana.

Answer

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Tags: Compliance, Fiscal Policy, policy implementation, Revenue Administration, Tax Base Expansion, Tax Law Challenges, Tax reforms
Level: Level 3

Topic: Tax administration in Ghana
Series: Nov 2024

PT – May 2020 – L2 – Q5c – Withholding Tax Administration

This question requires the computation of the penalty for late filing of withholding tax returns by Adamu Ltd.

Question

The following unstructured invoice has been forwarded to Adamu Ltd from Asigra Ltd, a standard rated supplier:
Goods invoiced (VAT inclusive) GH¢3,000,000 The above transactions relate to payment for goods in January 2019.
Required:
i) Compute the withholding tax payable by Adamu Ltd.
(2 marks)
Assuming Adamu Ltd filed the withholding tax return 12 days after the due date,
ii) compute the penalty payable.
(3 marks)

Answer

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Tags: Ghana Revenue Authority, Late Filing Penalty, Withholding Tax
Level: Level 2

Topic: Penalties, Tax administration in Ghana
Series: MAY 2020

AT – Nov 2018 – L3 – Q5c – Tax administration, Minerals and mining

Explanation of how revenue from a shared processing facility is accounted for tax purposes in mining operations.

Question

A mining company with two contracts operating in the Western and Ashanti Regions of Ghana has one processing facility for its mining operations from both contracts. This has engaged the attention of the Ghana Revenue Authority for some time now regarding how to handle its activities for tax purposes.

Required:
As a final-level tax candidate, how will revenue received from a shared processing facility by a mining company be accounted for tax purposes?

Answer

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Tags: Mineral Operations, Mining Taxation, Revenue Allocation, Shared Processing
Level: Level 3

Topic: Minerals and mining, Tax administration in Ghana
Series: NOV 2018

AT – Nov 2018 – L3 – Q4c – Tax administration

Explanation of the objectives and effects of tax amnesty on government revenue.

Question

As part of tax administration, the government rolls out tax amnesty from time to time.

Required:
i) What does tax amnesty seek to serve? (2 marks)
ii) What are the effects of tax amnesty on revenue? (2 marks)

Answer

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Tags: Penalties, Revenue Collection, Tax Amnesty, Tax Compliance
Level: Level 3

Topic: Tax administration in Ghana
Series: NOV 2018

AT – Aug 2022 – L3 – Q1c – Tax administration in Ghana

Circumstances under which the Commissioner-General can re-characterise transactions to protect revenue.

Question

In tax administration, the Commissioner-General has the mandate to protect revenue collected and collectible. As part of ensuring the protection of revenue, the Commissioner-General has the mandate to re-characterise or disregard any transaction that has the effect of eroding tax gains.

Required:
In accordance with the tax provision, under what circumstances will the Commissioner-General re-characterise any transaction?
(4 marks)

Answer

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Tags: Commissioner-General, Re-characterisation, Revenue protection, Tax avoidance
Level: Level 3

Topic: Tax administration in Ghana
Series: AUG 2022

AT – Nov 2021 – L3 – Q5b – Tax administration in Ghana

Discuss challenges taxpayers face in complying with tax laws and propose interventions to improve voluntary tax compliance.

Question

The world over is moving towards voluntary tax compliance. The Minister for Finance in his budget statement tasked Ghana Revenue Authority (GRA) to leverage on voluntary tax compliance. GRA intends to task students on the kind of intervention it needs to roll out to achieve Voluntary Tax Compliance.

Required:
Write formally to the Commissioner-General on why taxpayers find it difficult to comply with the tax laws and possible interventions to make taxpayers comply with their obligations.
(10 marks)

Answer

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Tags: Tax compliance interventions, Taxpayer challenges, Voluntary tax compliance
Level: Level 3

Topic: Tax administration in Ghana
Series: NOV 2021

AT – May 2020 – L3 – Q5a – Tax administration in Ghana

Respond to Mmabia University's request for clarification on the taxability of its profits as a private university in Ghana.

Question

Mmabia University has written to a financial consultancy firm you work for requesting for a clarification in respect of the taxability or otherwise of its profits. The Financial Controller Bubu Moon signed the letter. It indicated that per the University’s understanding, Mmabia is not liable to tax as Government has amended the laws exempting private universities from payment of taxes.

The Financial Controller indicated in his letter that the response from your firm would be shared with other universities to take note also.

The Manager in charge of tax has invited you as his team member to respond to this request for clarification on the matter as expressed by Mmabia University to help clarify the matter better.

Required: Write a response on the clarification setting straight the tax provision on the matter and also, comment on the decision to share the response with other universities.

Answer

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Tags: Educational institutions, Private universities, Tax Administration, Tax exemption
Level: Level 3

Topic: Tax administration in Ghana
Series: MAY 2020

AT – NOV 2021 – L3 – Q2a – Tax Administration in Ghana

Write to Commissioner-General about activities reserved for Ghanaians and justification for taxing all businesses regardless of ownership.

Question

Ghana Union Traders Association (GUTA) has expressed their dissatisfaction with the government and the Ghana Revenue Authority (GRA) on handling activities of non- Ghanaians who choose to engage in business reserved for only Ghanaians. They have consequently threatened not to honour their tax obligation until their concerns are addressed.

Required:

Write to the Commissioner-General indicating the areas of activities that are preserved for only Ghanaians and why you think the Commissioner-General is right in taxing all businesses irrespective of their ownership except as exempt by law. (6 marks)

Answer

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Tags: GRA, GUTA, Non-Ghanaian businesses, Reserved Activities, Tax Administration
Level: Level 3

Topic: Tax administration in Ghana
Series: NOV 2021

AT – May 2020 – L3 – Q2a – Tax administration in Ghana

Explanation of five transfer pricing methods approved by LI 2188 and OECD guidelines.

Question

In July 2012, Ghana introduced new transfer pricing rules and guidelines through Transfer Pricing Regulations, 2012 (LI 2188). The transfer pricing rules require the use of the “most appropriate” method to price related party transactions. Similar to the Organisation for Economic Co-operation and Development (OECD) guidelines, the transfer pricing methods approved by the LI 2188, among others, are:

i) The Comparable Uncontrolled Price method; ii) The Resale Price method; iii) The Cost-Plus method; iv) The Transactional Profit Split method; and the v) Transactional Net Margin Method.

Required: Explain the transfer pricing methods stated above.

Answer

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Topic: Tax administration in Ghana
Series: MAY 2020

AT – MAR 2024 – L3 – Q5b – Tax Administration in Ghana

Discusses the restrictions on foreign business activities and the tax benefits of sole proprietorship versus limited liability companies.

Question

You are an external consultant to the Ministry of Trade and Industry. The Minister has received a delegation of both foreigners and Ghanaians to deliberate on investment opportunities available in Ghana.

Required:
i) Business activities that cannot be engaged in by foreigners. (5 marks)
ii) The tax benefits of establishing a sole proprietorship business as against a limited liability company. (5 marks)

Answer

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Tags: Business Restrictions, Business Structures, Foreign Investment, Foreigners, Limited Liability Company, Sole Proprietorship, Tax Benefits
Level: Level 3

Topic: Tax administration in Ghana
Series: MAR 2024

AT – Nov 2020 – L3 – Q1 – Tax administration in Ghana | Business Income – Corporate Income Tax

A report on tax incentives for Free Zone Enterprises, tax implications for local sales, and requirements for foreign investors to start trading in Ghana.

Question

Esther Naah, a Ghanaian by birth, has spent most of her life in the United Kingdom. She has made a lot of savings and would want to invest in Ghana. She has heard of the Ghana Free Zone Authority and been told that the rationale behind the free trade zone is the development of disadvantaged regions. You work in a Tax Consulting firm and your Managing Partner has called on you to brief Esther, on the following issues during her next appointment to the Tax Consulting firm.

Required: Draft a report that will incorporate the following:

a) Tax incentives and benefits for Free Zone Enterprises.
(10 marks)

b) What will be the tax implication if the Free Zone Enterprise sells into the local markets?
(4 marks)

c) What are the requirements a foreigner should meet in order to start a trade in Ghana?
(6 marks)

Answer

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Tags: Capital requirement, Corporate Income Tax, Foreign investors, Free Zone Enterprises, Ghana Investment Promotion Center (GIPC), Local sales, Tax Incentives
Level: Level 3

Topic: Business income - Corporate income tax, Tax administration in Ghana
Series: NOV 2020

AT – Dec 2023 – L3 – Q5b – Tax administration in Ghana

Discussing the legal requirements for payment of 30% before an objection to a tax assessment is determined by the Commissioner-General.

Question

The Ghana Revenue Authority insists on the payment of 30% before an objection is determined by the Commissioner-General.

Required:
What is the position of the tax law on this assertion?

Answer

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Tags: Commissioner-General, Objection to tax assessment, Payment before objection, Tax disputes
Level: Level 3

Topic: Tax administration in Ghana
Series: DEC 2023

AT – Dec 2023 – L3 – Q5a – Tax administration in Ghana

Discussing the circumstances where withholding tax applies on payments and identifying transactions that are exempt from withholding tax.

Question

Lakeside Exploration Ghana Ltd and Gasoil Energy Extraction Ltd are joint venture
partners who have 50% and 35% interest respectively in the Volta Offshore Field Ghana
Ltd. The agreement between the joint venture partners and the Government of Ghana
provides for Royalty of 5%, Initial Carried Interest of 10%, Additional Participating
Interest of 5%, and corporate tax rate of 35%.
Production commenced in the Volta Offshore Field Ghana Ltd in 2021. Information
available on the Volta Offshore Field Ghana Ltd is as follows:

Exploration Costs GH¢500,000,000
Development Cost GH¢4,000,000,000
Average production cost per barrel GH¢10
Average Price of crude oil per barrel GH¢50
Actual oil Production in 2021 100,000,000 barrels
Required:
i) State FOUR (4) payments or transactions on which withholding tax is applicable.
ii) Identify FOUR (4) payments or transactions that are exempt from withholding tax.

Answer

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Tags: Tax Administration, Tax Exemptions, Tax payments, Withholding Tax
Level: Level 3

Topic: Tax administration in Ghana
Series: DEC 2023

AT – Mar 2024 – L3 – Q2b – Tax administration in Ghana

Identifying categories of persons benefiting from locational tax policies and their respective tax benefits.

Question

Location of certain businesses creates value addition to owners of businesses. In light of the government agenda to accelerate development across certain geographical locations, tax policies are often used to create that drive in response to the 1992 Constitution that requires balanced growth of the country.

Required:
Identify THREE (3) categories of persons that stand to benefit from locational incentives and state their respective benefits.

Answer

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Tags: Agro Processing, Farming, Locational tax benefits, Tax rebates
Level: Level 3