public lecture · 3/23/2016 3 objectives of income tax act, 2015(act 896) to revise and consolidate...
TRANSCRIPT
3/23/2016
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23/03/2016 1Presented by Edward A. Gyambrah( DC P&P GRA )
PUBLIC LECTURE
TOPIC: INCOME TAX ACT, 2015 (ACT 896); WHAT HAS CHANGED
23/03/2016 2Presented by Edward A. Gyambrah( DC P&P GRA )
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INTRODUCTION Income Tax Act,2015 (Act 896) is part of the
process of the reorganization of the tax laws after the Integration of revenue agencies
Is the last of the tax laws which deal with the charging provisions. The others are:
Value Added Tax Act, 2013 (Act 870)
Excise Duty Act, 2014 (Act 878)
Customs Act , 2015 (Act 891)
23/03/2016 3Presented by Edward A. Gyambrah( DC P&P GRA )
Proposed Revenue Administration Bill underway to deal with common administrative provisions
23/03/2016 4Presented by Edward A. Gyambrah( DC P&P GRA )
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Objectives of Income Tax Act, 2015(Act 896) To revise and consolidate the law relating to
income tax
Simplify the provisions
Make tax more user friendly
Retain provisions that are peculiar to income tax administration
Enhance efficiency and facilitate compliance
23/03/2016 5Presented by Edward A. Gyambrah( DC P&P GRA )
Broadening the tax base
Remove the narrow and distorted tax base of the Internal Revenue Act, (Act 592)
Rationalize, streamline and restrict tax concessions
Tackle erosion of the tax base
Align domestic tax rules with current international tax rules
23/03/2016 6Presented by Edward A. Gyambrah( DC P&P GRA )
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Some salient changes in Act 896Chargeable Income
The chargeable income shall be determined from each source separately.
business
investment
employment
(The concept of ring fencing of income is clearly stated)
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BASIS OF ASSESSMENT
Resident Person
Income of residents taxed on worldwide basis
Non- Resident Person
Income of non-residents remains that of source.
Non- Resident Person having Ghanaian Permanent Establishment
Income is taxed on worldwide basis
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Deductions (Sections 8-17)General deductibility principle applied
Exceptions:
Repairs and Improvements (Section 12)
Expenses for the repair or improvement of depreciable assets that are incurred in the production of income may be deducted irrespective of whether they are of a capital nature.
Deductions rule:
(a) should not exceed five per cent of the written down value of the pool at the end of the year and
(b) are allowed in the order in which the expenses are incurred
23/03/2016 9Presented by Edward A. Gyambrah( DC P&P GRA )
Excess expense for which a deduction is not allowed as a result of the limitation is added to the depreciation basis of the pool to which it relates.
Need to keep separate accounts for each capital assets on repairs and improvements.
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Research and Development Expenses (Section 13)
Research and development expenses may be deducted irrespective of whether or not they are of a capital nature.
23/03/2016 11Presented by Edward A. Gyambrah( DC P&P GRA )
Losses on Realisation of Assets and Liabilities ( Sections 15)A person may deduct
(a) Losses on the realisation of a capital asset of a business to the extent to which the asset was used in the production of income from the business;
(b) Losses from the realisation of a liability of a business:
in the case of a liability that is a debt obligation incurred in borrowing money, the money was used or an asset purchased with the money was used in the production of income from the business; and
23/03/2016 12Presented by Edward A. Gyambrah( DC P&P GRA )
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Interest and Financial Cost The Act separate Interest from Financial Cost
Financial cost are cost incurred with respect to:
A debt claim or debt obligation
A derivative instrument
A foreign currency instrument and
Any other instrument prescribed by Regulations
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Limit on Deduction of Financial Costs (section 15)
The amount of financial costs other than interest shall not exceed the sum of-
financial gains plus
50 percent of income of the person excluding financial gain or loss
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Financial costs for which a deduction is denied may be carried forward and treated as incurred during any of the following five years of assessment.
Draft PN is underway to explain.
23/03/2016 15Presented by Edward A. Gyambrah( DC P&P GRA )
Losses from a Business or Investment(Section 17)
Losses carry forward apply to all person.
a. Those in specified priority area for five years
b. In any other area for three years
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Rules of losses carry forward Ring fence the losses
Example
losses from exempt income shall be applied to that income only
Losses from reduced rate will only be deducted at the same rate.
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Business losses may be deducted in calculating income from an investment
Losses from an investment are deducted only in calculating income from an investment.
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Capital Allowance
5 classes instead 6
Assets in mineral and petroleum operations pool together.
1, 2, or 3 depreciable assets use thereducing balance method.
4 and 5 on straight line method.
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Capital allowance granted shall not be deferred.
Unused capital allowance may treated as part of business loss
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Capital Gain/Gifts Capital Gains and Gifts no longer separate chapters in the ITA
Modified and subsumed under employment, business or investment income and taxed accordingly.
Individuals may however elect to pay 15% tax on capital gains (now called “gain on realisation of an asset”
23/03/2016 21Presented by Edward A. Gyambrah( DC P&P GRA )
Compensation and Recovery Payments(Section 29) Compensation and recovery payments to be included
in calculating income of a person
taxability of judgment debts and other recoveries are now made clear in the income tax act
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Income from Business
Include:
a gain from the realization of capital assets and liabilities of the business
a gift received in respect of the business
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Income from Investment
Include :a gain from the realization of an
investment assetgift received in respect of the investmentNote
winnings from lottery in now treated as an investment activity. (winning in excess of GHc 2,592 p.a is taxed at rate of 5% final WHT)
23/03/2016 24Presented by Edward A. Gyambrah( DC P&P GRA )
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Arm’s length standard and arrangements
between associates (Section 31)
Apply to all related party transactions
Where an arrangement exists between persons who are in a controlled relationship, the persons shall calculate their income, and tax payable in accordance with the arm’s length standard.
23/03/2016 25Presented by Edward A. Gyambrah( DC P&P GRA )
Thin Capitalization rule(S33)
Debt-to-equity ratio is provided as 3:1
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Special Industries
The Act has certain specific provisions for the following Industries:
Petroleum operations (S63 – S76)
Minerals and Mining Operations (S77-S86)
Financial Institutions (S87- S92)
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SELF ASSESSMENT
Due date of Self Assessment Returns is by the date for payment of the first tax instalment.
Understating estimated tax payable by instalment
Liable to pay interest at 125% of BOG discount rate of the tax unpaid for the period for which the tax is outstanding compounded monthly
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MODIFIED TAXATION
Modified taxation is introduced for certain eligible resident individuals by-
(a) imposing presumptive tax on individuals that only have income from certain types of business
(b) applying a modified cash basis in calculating income from certain businesses
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Other modification
Act 896 (S. 47) exempts from tax, gains made fromrealization of assets from merger, amalgamation or re-organisation where there is a continuity of at least 50%of the underlying ownership.
A Private Ruling binds on the CG and also binds on theapplicant as far as the transaction in respect of whichthe ruling is given is concerned
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Act 896 makes provisions for amendment and revocation of Practice Notes and Private Rulings.
Despite the binding nature of the ruling by the CG, a taxpayer can challenge same in court
23/03/2016 31Presented by Edward A. Gyambrah( DC P&P GRA )
Request for information
Under Act 896 (S.137), the Commissioner- General isempowered to request information on clients of banks
Banks are under obligation to provide the informationon the banks records of the clients to the CG onrequest.
Note
Under Act 592, the GRA would have to go to court andget a court order before a bank can disclose/provideinformation of its clients on its records to the GRA.
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Quantification of loan benefits
Basis of quantifying interest on loans provided to employees by the employer is provided.
No quantification is needed if;
(ii) the term of the loan does not exceed twelve months, and
(iii) the aggregate amount of the loan and any similar loan outstanding at any time during the previous twelve months does not exceed three months basic salary,
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In any other case, a quarter of the amount by which the interest at the statutory rate exceed the interest paid.
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Withholding Taxes
THRESHOLD FOR WITHHOLDING TAX
Increase in the threshold for withholding tax fromGHC 500 to GHC 2,000 for supply of goods, works and services.
Withholding Transaction:
Goods
Works
Services
23/03/2016 35Presented by Edward A. Gyambrah( DC P&P GRA )
Definition of Goods “Goods” means objects of every kind and description
including raw materials, products and equipment and objects in solid, liquid or gaseous form, and electricity, as well as services incidental to the supply of the goods if the value of those incidental services does not exceed that of the goods themselves.
It also includes movable tangible property, thermal and electrical energy, heating, gas refrigeration, air conditioning, and water but does not include money.
23/03/2016 36Presented by Edward A. Gyambrah( DC P&P GRA )
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Definition of works “Works” is defined to include work associated with the
construction, reconstruction, demolition, repair or renovation of a building or structure or surface and includes site preparation, excavation, erection, assembly, installation of plant, fixing of equipment and laying out of materials, decoration and finishing and any incidental activity under a procurement contract.
23/03/2016 37Presented by Edward A. Gyambrah( DC P&P GRA )
Definition of Services “Service” means the furnishing of labour, time, or
effort not involving the delivery of specific end product other than reports, which are merely incidental to the required performance, and included consulting, professional and technical services but does not include, employment agreements or collective agreements,
They include scientific ,literary, artistic, training activities as well as activities of Physicians, Surgeons, lawyers, engineers, architects, surveyors, dentists, accountants, auditors and other such professional activities.
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Technical Service Means services which are tendered and contracted on
the basis of performance of a measureable physical output such as drilling, mapping, aerial photography, surveys, seismic investigations, maintenance of facilities or plant and similar operations.
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Consultancy Service Means services which are of intellectual and advisory
nature provided by firms or individuals using their professional skills to study, design and organize specific projects, advise clients, conducting training or transfer knowledge.
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Withholding TaxesWithholding Tax on Service Fee with a source in Ghanapaid to a Resident Individual (S. 116):
Fees or allowances to a resident director,manager, trustee or board member of acompany or trust 20%
Endorsement fee 10%
Fee on any other supply of services 7.5%
23/03/2016 41Presented by Edward A. Gyambrah( DC P&P GRA )
the supply of or use of goods 3%
the supply of works 5%
the supply of services7.5%
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Withholding Tax on payment by aresident person to non-resident withrespect to supply of:
Goods 20%
Works 20%
Any services 20%
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Withholding Tax from Investment Returns:
Dividend paid to any person 8%
Interest paid to an individual Exempt
Interest paid to all others 8%
Interest paid to a resident financial institution ishowever exempt from the withholding tax.
23/03/2016 44Presented by Edward A. Gyambrah( DC P&P GRA )
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TEMPORARY CONCESSIONSIndividuals and companies granted temporary concessions from tax in specified sectors are now required to pay 1% tax on their chargeable income during the period of concession
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Repeals and Savings
LI 1675 as amended is saved under this Act. The provisions in the LI shall be considered to have been made or done under this Act and shall continue to have effect until reviewed, cancelled or terminated
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Thanks
Comments and Questions
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