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Regulation 3Scholarships
Any amount expended by any company or body of persons during a year of assessment under a scheme
of scholarship approved by the Government for a technical, professional or other course of study may be
deducted in calculating the chargeable income of that company or body of persons for the year.
the loss is made to the Commissioner in writing within twelve months after the end of the basis
period in which the loss was incurred.
(b) may reduce the amount of rent included in calculating the lessor's income by a capital amount
determined in accordance with guidelines issued by the Commissioner.
(4) The capital amount determined under paragraph (b) of sub-regulation (3) shall not exceed the actual
cost of the asset at the end of the lease term.
(5) If in respect of any particular basis period the capital amount determined under paragraph (b) of
sub-regulation (3) is not deducted in calculating the lessor's income that amount shall not be carried
forward.
PART IIEXEMPTIONS
PART IIIINSURANCE
from or incurred in Ghana, as the case requires, and a loss from one calculation shall not be set against
income from the other calculation.
payment is made, consider whether that estimate is still accurate and, if not, make a new estimate
under paragraph (a).
(3) In making an estimate under sub-regulation (2), an employer shall not take into account
(a) any tax reliefs of the employee unless the employee has provided the employer with a tax reliefs
card in accordance with sub-regulation (2) of regulation 32 prior to the estimate; or
(b) any life insurance premiums mentioned in paragraph (a) of sub-regulation (1) of regulation 33
unless the employee has provided the employer with a copy of the receipt as mentioned in that
paragraph prior to the estimate.
(4) On application in writing, the Commissioner may adjust the amount to be withheld under
sub-regulation (1) where the employees qualifying employment income will include an amount that
does not have a source in Ghana.
not required to withhold tax from the payment under sub-regulation (1) or (2),
(a) the payment shall be included in calculating the employees income from the employment; and
(b) the employer shall withhold tax from the payment in accordance with the provisions of this
Division.
(5) For the purposes of this regulation, an employee is a qualifying junior employee for a year of
assessment if the employee is a junior staff member whose qualifying employment income from the
employment for the year does not exceed 6000 currency points.
(i) where the employee is a resident individual, the highest rate mentioned in paragraph 1 of Part I of
the First Schedule of the Act; and
(ii) where the employee is a non-resident individual, the rate mentioned in paragraph 2 of Part I of
the First Schedule of the Act.
(2) Where
(a) an employer is required to withhold tax in accordance with regulation 27 at the rate mentioned in
subparagraph (i) of paragraph (b) of sub-regulation (1) from qualifying cash payments made to an
employee during a year of assessment; and
(b) withholding at that rate would cause hardship for the employee by reason that none of the
employee's chargeable income for the year is likely to be taxed at that rate,
the Commissioner may, on application from the employee, reduce the rate at which the secondary
employer must withhold tax in accordance with sub-regulation (3).
(3) Where an employee applies to the Commissioner for a reduction of tax rate by reason of hardship
under sub-regulation (2) the Commissioner shall apply the following rates
(a) where the income from the secondary employment does not exceed 2,400,000 per annum at a flat
rate of 15%.
(b) where the income from the secondary employment exceeds 2,400,000 but does not exceed
5,400,000 per annum at a flat rate of 20% and
(c) where the income from the secondary employment exceeds 5,400,000 per annum at a flat rate of
30%.
(4) For purposes of these Regulations a person will be said to suffer a hardship under sub-regulation (2)
where the tax payable on the aggregate income from that persons primary and secondary
employment in the year of assessment is 50% higher than that which that person would otherwise be
liable to pay in respect of that income under the provision of Section 1(2) of the Act.
(5) Where an employee has a primary employment that ceases during a year of assessment and, after that
cessation, provides a different employer with the employees tax reliefs card current for the year and
filled out in accordance with regulation 34, the different employer becomes the employees primary
employer.
(a) an individual has two or more employments at any one time during a year of assessment;
(b) all of the individuals employers are of the type referred to in sub-regulation (2) of regulation 26;
and
(c) the individual has no assessable income from any business or investment for the year,
the individual is not obliged to, but may, lodge a return of income for the year under section 72 of the
Act.
(2) Until such time as an individual referred to in sub-regulation (1) files a return of income, the
individuals tax liability for the year with respect to that individual's chargeable income is equal to
(a) the amounts required to be withheld from qualifying cash payments made to the individual during
the year under regulation 27; plus
(b) any amount payable by an employer for the year in respect of the individual under sub-regulation
(3) of regulation 29.
(3) An individual with two or more employments at any one time during a year of assessment that does
not fall within sub-regulation (1) shall furnish a return of income for the year in accordance with
section 72 of the Act.
Regulation 38Definitions
In this Division,
employees employment tax liability has the meaning in regulation 30;
primary employment with respect to an employee means the employment with respect to which the
employee has a declaration existing under regulation 31;
qualifying cash payment has the meaning in regulation 29;
qualifying employment income from an employment for a year of assessment is equal to the total of all
amounts
(a) that are required to be included in ascertaining the income of the employee from the employment
for the year; and
(b) that either have a source in Ghana or that are received by a resident individual during the year;
secondary employment with respect to an employee means any employment that is not the primary
employment of the employee;
substantiated retirement contributions of an employee for a year of assessment has the meaning in
regulation 33; and
tax reliefs and tax reliefs card of an employee for a year of assessment have the meanings in
regulation 32.
IV, paragraph 3, sub-paragraph (c) of the First Schedule to the Act shall be 7.5%.
PART VIADMINISTRATION
PART XINTERPRETATION
Regulation 46Interpretation
(1) In these Regulations, the Act means the Internal Revenue Act, 2000 (Act 592).
(2) Expressions used in these Regulations that are used in the Act have, unless the context otherwise
requires, the same meaning in these Regulations as they have in the Act.
(ii) any capital allowances that may have been granted to the person in respect of the asset prior to
the year of assessment 2001 under the Third Schedule of the Act assuming
(A) the Act as passed was in force during the year of assessment in which the asset was acquired;
(B) the asset was placed in a pool of depreciable assets by itself; and
(C) the person claimed the allowances and was taxable with respect to the income of the business.
(3) A person shall not be granted any capital allowances with respect to a foreign exchange loss of a
capital nature referred to in subsection (2) of section 21 of the Act that was incurred prior to the Act
coming into force.
Regulation 48Self-assessment
For the purposes of subsection (3) of section 78 of the Act, the Commissioner may permit an estimate
under subsection (2) of that section to be furnished by a person at any time prior to the date by which the
person must pay the first instalment under section 80 of the Act.
Regulation 50Commencement
These Regulations shall come into force on 1st July, 2001.
SCHEDULES
SCHEDULE ONE
Regulation 1
Step 1 Identify each of the persons businesses, employments, and investments
conducted during any basis period ending within the year.
Step 2 Calculate separately for each business, employment, and investment
identified, the income of the person from that business, employment, or
investment for each basis period ending within the year.
Step 3 To calculate the income of the person from a business, employment, or
investment, work out according to ordinary accounting rules the gains or
profits from that business, employment, or investment, as the case requires.
Step 4 Adjust the gains or profits worked out to ensure that all amounts required to
be included by sections 7, 8, and 9 of the Act, as the case requires, are
included in the calculation but exclude any payment subject to final tax
under section 2 or 3 of the Act or regulation 28 of these Regulations.
Step 5 Adjust the gains or profits worked out to ensure that any amount deducted in
the calculation is only deducted in accordance with Division III of Part III of
Chapter I of the Act but do not deduct any amount that relates to a payment
subject to final tax under section 2 or 3 of the Act.
Step 6 The gains or profits of the person from the business, employment, or
investment as worked out under Step 3 and adjusted under Step 4 and Step 5
is the income of the person from that business, employment, or investment,
as the case requires.
Step 7 Determine whether the income from any such business, employment, or
investment has the necessary connection with Ghana as provided for by
section 6 of the Act and whether the income is exempt income.
Step 8 Any income from a business, employment, or investment for a basis period
ending within the year that has the necessary connection with Ghana and
that is not exempt income is the assessable income of the person from the
business, employment, or investment for the year.
Step 9 Aggregate the assessable income of the person for the year from each
business, employment, and investment.
Step 10 Reduce the aggregate in Step 9 by any deductions available for the year
under regulations 2, 3, 4, 5, and 6 and, where the person is an individual, any
deductions available for the year under sections 39, 57, and 60 of the Act.
Step 11 The resulting amount is the persons chargeable income for the year.
SCHEDULE TWO
Regulation 25
TAX INSTALMENTS PAYABLE BY MEMBERS OF CERTAIN ASSOCIATIONS
1. The associations, occupational groups, and classes of persons mentioned in sub-regulation (1) of
regulation 25 are
Association or Occupational Group Class of Persons
Type 1 The Ghana Private Road Transport Union, the Ghana Any person who owns a vehicle of the
Co-operative Transport Association, the Progressive type referred to in paragraph 2 of this
Transport Owners Association and any similar Schedule.
organisation or association or their agents identified by
the Commissioner that operates at any lorry park, taxi
rank, or similar place
2. The tax to be collected from and payable by Type 1 class persons is as follows:
Owner of Rate of Tax
(b) in the case of persons falling within items 6, 7, 8, 9, 10, 11, and 12 of the table, at the start of each
trip.
4. The tax to be collected from and payable by Type 2, 3, 4, 5, 6, 7, and 8 class of persons is as follows:
Class of Persons Sub-class of Persons Rate
Type 2 1 Machine 1,250 per week
2-3 Machines 2,250 per week
4-5 Machines 3,200 per week
Above 5 Machines 4,200 per week
5. The tax payable in accordance with paragraph 4 shall be paid during the course of the week or month
in which payment is to be made.
6. The tax to be collected from and payable by Type 9 class of persons is as follows:
7. The tax payable in accordance with paragraph 6 shall be paid during the course of the week the
drums are sold or the alcohol is retailed.
SCHEDULE THREE
Regulation 47
Step 1 Separately for each business of the person, identify depreciable assets owned
by the person as at the end of the person's last basis period ending within the
year of assessment 2000 that are used by the person in carrying on the
business.
Step 2 Work out in accordance with sub-regulation (2) the residual value of each
depreciable asset as at the time referred to in Step 1.
Step 3 Identify the class of each depreciable asset in accordance with paragraph 2 of
the Third Schedule of the Act.
Step 4 Separately for each business and each of the persons Class 1, 2, 3, and 4
depreciable assets, add together the residual values of the assets of that Class.
Step 5 The result is treated as the written down value of the Class 1, 2, 3, or 4 pool of
depreciable assets, as the case requires, as at the time referred to in Step 1.
Step 6 Add to the written down value of the pool as at the time referred to in Step 1,
the cost base of assets added to the pool after that time but before the end of
the first basis period.
Step 7 Reduce the result, but not below zero, by any consideration received from the
realisation of an asset from the pool during the first basis period. (Any excess
of amounts so received is treated in accordance with subparagraph (4) of
paragraph 3 of the Third Schedule of the Act).
Step 8 The result, if any, is the written down value of the pool at the end of the first
basis period to which the formula in subparagraph (1) of paragraph 3 of the
Third Schedule of the Act shall be applied.
Step 9 In the case of a Class 5 or 6 depreciable asset and subject to the modifications
in Step 10, apply paragraph 4 of the Third Schedule of the Act using the cost
base of the asset worked out in accordance with section 99 of the Act.
Step 10 In applying the limit in subparagraph (3) of paragraph 4 of the Third Schedule
of the Act and for the purposes of the definition of written down value in
subparagraph (4) of that paragraph, capital allowances granted to a person for
the asset includes the excess of the cost base of the asset over the residual
value of the asset as at the end of the person's last basis period ending within
the year of assessment 2000.
YAW OSAFO-MAAFO
Minister responsible for Finance
Endnotes
1 (Popup - Popup)
Same in the original but it should be sub-regulation 2.
following:
"2. The tax to be collected from and payable by Type 1 class of persons is as follows:
Owner of Rate of Tax
1. Taxi and cars on hire within town 5,000 per week
2. "Trotro" vehicles 19 seats and less 5,000 per week
3. "Trotro" vehicles 20 to 34 seats 7,500 per week
4. "Trotro" vehicles 35 seats and more 10,000 per week
5. Light dry cargo service (Market Service) 7,500 per week
6. "One pound one pound" cars 50 per 1,000 fare per trip
7. Mini buses other than "trotro" 50 per 1,000 fare per trip
8. Long distance passenger buses 50 per 1,000 fare per trip
9. Container trucks in Accra-Tema 50 per 1,000 charge per trip
10. Long distance cargo trucks and articulated 50 per 1,000 charge per trip
vehicles
11. Wet cargo vehicles including water tankers 50 per 1,000 charge per trip
12. Tipper trucks 50 per 1,000 charge per trip
SCHEDULE FOUR
(Regulation 16(5))
1. Companies
2. Financial Institutions
3. Partnerships
4. Educational Institutions
5. Medical establishments
6. Public Boards and Corporations
7. Ministries
8. Departments of Ministries
9. Government Agencies
10. Co-operative Societies
11. Diplomatic Missions
12. Consular offices
"SCHEDULE FIVE
Regulation 25A
QUARTERLY TAX PAYABLE BY OWNERS OF COMMERCIAL VEHICLES
The tax to be collected from and payable by the class of persons referred to in subregulation 1 of
regulation 25A
YAW OSAFO-MARFO, MP
Minister for Finance
under Regulation 25A(7) with respect to any class of taxable persons as may be determined by
the Commissioner in appropriate cases.
Type 6 HAIRDRESSERS
Category ALarge Kiosk 250,000
" BMedium " 150,000
" CSmall " 100,000
Type 7 GARAGE OWNERS
Category ACities 250,000
" BUrban 150,000
" CRural 100,000
Type 8 DIAMOND/GOLD WINNERS &
BUYERS
Category ALicensee 250,000
" BSub Agent 150,000
(b) by the insertion after paragraph 1 of the following new paragraph " 2. The rates in this Schedule
shall apply to any person operating in, under or from any garage, shed, shelter or similar place";
(c) by the substitution for paragraph 5 of the following new paragraph: "5. The tax payable in
accordance with paragraph 4 shall be quarterly in advance during each year of assessment."
2. The rates in this Schedule shall apply to any person operating in, under or from any garage, shed,
shelter or other similar place."
Regulation 7Commencement
These Regulations shall come into force on the 1st day of January, 2005.
HON. YAW OSAFO-MAAFO, M.P.
Minister Responsible for Finance
Endnotes
1 (Popup - Popup)
L
"SCHEDULE FIVE
Regulation 25A
QUARTERLY TAX PAYABLE BY OWNERS OF COMMERCIAL VEHICLES.
The tax to be collected from persons who own commercial vehicle referred to in sub regulation 1 of
regulation 25 A shall be payable as follows:
'TROTRO' VEHICLE
PETROL/KEROSENE/WATER TANKERS
DRY CARGO
TIPPER TRUCKS
HEAVY EQUIPMENT
Next 1,800,000 5%
(b) by the substitution for "32.5%" appearing in paragraph 1 of Part II under the "Rate of Income Tax" in
the box of "28%"
(c) by the substitution for "30%" appearing in paragraph 5 of Part II of "28%"
(d) by the substitution for "32.5%" appearing in Part III of "28%".
Regulation 3Commencement
These Regulations shall be deemed to have come into force on the 1st day of January, 2005.
HON. KWADWO BAAH WIREDU (MP)
Minister responsible for Finance.
Type 2 DRESSMAKERS/TAILORS
Category A Large Kiosk 150,000
B Medium Kiosk 100,000
C Small Kiosk 50,000
Type 5 BUTCHERS
Category A Large Kiosk 150,000
B Medium Kiosk 100,000
Category C Small Kiosk 50,000
D Table Top 30,000
Section 5Commencement
The regulations shall come into force on the 1st day of July, 2005.
HON. KWADWO BAAH WIREDU
Minister responsible for Finance
Next 2,400,000.00 5%
Up to minimum wage 0%
(c) by the substitution for 28% appearing in paragraph 1 of Part II under the Rate of Income Tax
in the box of 25%.
(d) by the substitution for 28% appearing in paragraph 5 of Part II of 25%.
(e) by the substitution for 25% appearing in paragraph 5A of Part II of 22%.
(f) by the insertion after paragraph 6 of Part II of the following new paragraph:
6A. A company which employs fresh graduates from any recognized tertiary institution in
Ghana shall be allowed a deduction from the tax on its income for a year of assessment an
amount equal to the rates set out as follows:
amended by the substitution for paragraphs (i) and (ii) in Regulation 28 (i) of the following:
(a) (i) in the case where the employee earns not more than 1,200 currency points per month from the
employment in respect of overtime, 2.5% of the gross amount of the payment; and
(ii) in the case where the employee earns more than 1,200 currency points per month but in any
case not exceeding 4000 currency points per month from the employment in respect of
overtime, 10% of the gross amount of the payment.
(b) by the substitution for 2,400 currency points in sub-regulation (5) of 9,600 currency points.
Section 2Commencement
These Regulations shall come into force on the first day of January 2006.
HON. KWADWO BAAH WIREDU
Minister of Finance and Economic Planning.
Regulation 2Revocation
The Internal Revenue (Amendment) Regulations, 2006 (L.I. 1819) is hereby revoked.
HON. KWADWO BAAH-WIREDU, (MP)
Minister for Finance and Economic Planning
Next 2,400,000.00 5%
Up to minimum wage 0%
(c) by the substitution for "28%" in paragraph 1 of Part II under the "Rate of Income Tax" in the box
of "25%".
(d) by the substitution for "25%" in paragraph 2 of Part II of "22%".
(e) by the substitution for "28%" in paragraph 5 of Part II of "25%"
(f) by the substitution for "25%" in paragraph 5A of Part II of "22%"
(g) by the insertion after paragraph 6 of Part II of the new paragraph:
"6A. A company which employs fresh graduates from any recognised tertiary institution in the
country is allowed a deduction from the tax on its income for a year of assessment of an amount
equal to the rates set out as follows:
Regulation 2Revocation
The Income Tax Rates (Amendment) Regulations, 2006 (L.I. 1820) is hereby revoked.
HON. KWADWO BAAH WIREDU
Minister responsible for Finance