Africa energy and utilities - Tax guide 2019. conferring a private benefit on any person other than a benefit that is in pursuit of a function for which the entity is established, Act 896 does not define public nature. Redempta Maira is a Senior Manager, Tax Services at PwC. That dictum, of course, leaves open the debate on whether taxes are too high or too low relative to the protection and services that one derives from the state. As a result, for tax purposes, any profit generated by Trusts which have ultimate beneficiaries as individuals, exposes their business income to tax. Africa Health Research Organization is situated in PO Box AN6731, Ghana. Unlike before, all companies limited by guarantee were excluded from Corporate Taxes and Value Added Tax (VAT). Finally, the urgency of the exercise drives home the need to increase domestic revenue mobilization in order to be less dependent on external resources for development. b. Do NGOs pay tax in Ghana? A provisional tax assessment is raised on all businesses yearly, including new business registrations. Medical services, essential drugs as listed under Chapter 30 of the HS Code produced or supplied in Ghana, specified active ingredients for essential drugs, and selected imported special drugs determined by the Minister for Health and approved by Parliament. The following are important to take note of, one of legal frameworks governing the NGO sector is the Income Tax Act 1997. With the above set of facts, it is clear that the total of the monies used to buy the vehicles, house and shares exceeds the pastors employment income. Some NGOs in Ghana generally work through volunteers and they are funded through free-will donations from people. Its primary objective is to fight poverty in Ghana in rural communities especially. First and foremost, the type of organisation should be religious in nature. The purpose of the law with regards to the activities of religious organisations is to, among others, specifically empower the CG to approve an entity as a religious organisation, revoke the approval for a good cause or in contravention of the requirement of the law. A tax auditor must assess whether the annual income of the pastor is enough to fund the investments he made during the year after allowing for consumption expenditure, other capital expenditure incurred and savings he might have made in the course of the year. However, a religious organisation registered as a Trust (with individuals as ultimate beneficiaries), for example, the business profit shall be subject to tax. An honorarium, alongside other related expenses, is reported as taxable income using Form 1040 of IRS Schedule C. Related expenses may, for example, range from an air ticket to the . A summary of the goods and services which are exempt from VAT/NHIL and GETFund include: This classification includes all live animals such as cattle, sheep, goats, swine and poultry, but excludes horses, asses, mules, hinnies and similar exotic animals. The highest rate is presently 35%. iv. Income of religious leaders and/or employees of religious organisations. iv. Ghana Life Savers Organization is situated in Tema, Ghana. A Guide to Tax Work for NGOs - International Budget Partnership These are: a. Of every 100 workers in these occupations, about 93, 86 and 85, in that order, had taxes deducted from pay at source. 4. The views expressed do not necessarily represent those of PwC. (NGO Act Section 46 (1)). Consumer and industrial products and services. A broader base makes lower rates possible. It is for the organisation, simpliciter. Box WJ 305, Ngleshie Amanfro Ghana Post GPS Code: GS0163-6020 Tel: +233 (0)30 290 8466/7 Email: info@gsma.gov.gh Hence, you should know the various taxes to pay and the rates. As highlighted, taxation of the NGO sector is much more complicated than many initially assume. But NGOs said the UK, whose overseas territories amount to a third of the world's tax havens, is in a unique position to do much more. In Matthew 22:21, Jesus was asked by the Pharisees whether it is lawful to pay taxes to the emperor, or not. Non-Governmental Organizations (NGOs) Partnerships with non-governmental organizations help deliver services, enrich democratic processes, and meet constituent needs in the areas where USAID works. The questions I seek to address in this contribution are as follows: a. There is no reason to believe that the individuals who did not have taxes deducted at source are inherently non-tax complaint. After 14 years following the passage of the Income Tax Ordinance, then came the Income Tax Decree, 1975, S.M.C.D 5. 3. A number of goods and services are exempt from VAT under the VAT Act, 2013 (Act 870) law (S. 15 Section 35/ Schedule 1). Perhaps the area that can cause the most confusion is in relation to agreements entered into with Government entities, which frequently will include some commitments from the Government in relation to fiscal matters. b. NHIL is at a flat rate of 2.5%; GETFund is at a flat rate of 2.5%. Importer or agent pays fees and obtains a vehicle toll pass and a waybill from Ghana Ports and Harbors Authority (GPHA). This exemption excludes professional services such as architectural or surveying (i.e. Corporate tax is the tax imposed on the net income of the company, in other words, it is a levy placed on the profit of a firm to raise taxes. That is to say, wherever the income is earned, however the monies/benefits are paid, it is subject to tax in Ghana insofar as the person earning the income is resident in Ghana unless exempt. All businesses registering with the GRA, must do so at the nearest GRA district office closest to the project location. Therefore, the applicable withholding tax rate is 3%. Am Looking for a Sponsor. The Non Governmental Organisations Act which is the parent legislation on NGOs in Uganda is itself silent about taxation of NGOs. In order to be eligible for SSBI status an organization has to meet all conditions as set by the Dutch tax authorities. The income accruing to or derived by a charitable organisation is exempt from tax . The operational NGOs, which primary concern is to develop projects and the advocacy NGOs whose major goal is to promote a cause. Of government employees, withholding taxes covered about 68% of those who worked in the utilities. Top Management 2. Taxes in Ghana If you are an established business operating in Ghana, one of your key obligations is to pay your taxes. U/S. The most typical earning is 85,745 GHS. An entity of public character is required to have its membership open to the general public or an identifiable group of persons, to operate without profit motive, not to distribute profits generated from its charitable business and to have its profits ploughed back and used solely for the original charitable function. Machinery, apparatus, appliances and parts thereof, designed for use in. In particular, the religious organisations and their associated stakeholders who are required to pay the applicable taxes and/or comply with the law are unaware of the responsibilities they have as operating persons in Ghana. Widening and deepening compliance with payroll deductions (for both taxes and pension contributions) is easiest and cost-effective to administer. Considering the enormous powers of the CG, if he fails to enforce the law, who should we blame? Helping Street Children And Empower Local Womem. The organization is working in Associations business activities. A deduction shall be disallowed for an expense that is of a capital nature. ii. Articles of incorporation from the country of origin (if it is an external company). d.The procurement of food and drinks may constitute goods. Generally, NGO salaries are lower than in the private sector. The annual employment income of the pastor of US$100,000 [8,333.33*12months] is subject to employment income tax (PAYE) using the graduated scale. Who procured it and for what? The Ghana Revenue Authority (GRA) is the government body mandated to collect and assess taxes. Address description of the subscriber. Hse. v.From the facts, the aggregate cost incurred by the pastor in buying the vehicle, house and shares is US$600,000 [500k+100k]. Firstly, whilst it is true that in certain cases NGOs will have relief from income tax on the NGO entity itself, and from certain indirect taxes, any such relief is normally subject to conditions. Incidentally, even if there is no taxable income this does not negate the requirement to file an income tax return. These exemptions are to be outlined during filing. Women receive a salary of 260,912 GHS. The girls are placed in top corporations where they get work experience in their related areas during the summer breaks. Donation exceeding higher of: i) 5% of total donations received by trust or ii) Rs 1,00,000. The renovation is considered as works. Therefore, the vehicle of operation should not be by a company with shares. b. Sympathy International is owned and managed by a Ghanaian-owned Non- Governmental Organization (N.G.O). iii. Similarly, Act 179, requires all Companies and Trusts to file their annual accounts (returns) with the Registrar of Companies. Ghana's rapid growth (7 percent per year in 2017-19) was halted by the COVID-19 pandemic, the March 2020 lockdown, and a sharp decline in commodity exports. Furthermore, it will go a long way to help promote a charity sector geared towards their traditional role of helping the poor and needy whilst building the spiritual life of the people. They establish rules governing matters including, d.Trustees and board roles people and skills. Yet a wrong had been done her which needed righting. Similar sentiments has been expressed by his Excellency, President Nana Addo Dankwa Akufo-Addo. This appears not to be the case now. Lastly, the income thereof should not be for private benefit of individuals. All data are based on 700 salary surveys. The person or organization will get a deduction of 50% of donation amount from the Taxable Income. You can click on this link and join: https://t.me/joinchat/J_0YrBa4IBSHdpuTfQO_sA. Where the Commissioner has established that the company or NGO is exempt, then the NGO is exempted from paying corporate taxes. STEP 4- Company limited by guarantee constitution form, Name & TIN of members of the Executive Council. The 1947 Ordinance outlined the first provision of exemption from tax by charitable organisations including religious organisations. Annual income tax rates (Effective January 2022) , Monthly income tax rates (Effective January 2022) . The net amount due to the School is US$1,700. As was said by Ms Sophia Akuffo, JSC (as she then was), in the case of Atta Barfour v Tema Development Corporation, it is a basic principle that equity aids the vigilant and not the indolent. Therefore, where the Ghana Revenue Authority continues to sit and watch, and fail to enforce the law, it cannot put blame on the religious fraternity. The Income Tax Act, Chapter 340, Section 2(f) provides guidance on the types of economic activities that exempt organizations may engage in without becoming liable for . Non-Governmental Organizations (NGOs) play a vital role in the process of social and economic development of the economy. Such a reaction would be natural bearing in mind that they normally set out to support good causes for particular groups of persons - in most cases the poor, women, elderly and children, and with the main focus areas including health, education, environment, social and political welfare - and without a profit motive. LAASFUND was established in 2015. In 2017, the annual income generated by a church from. BECAUSE, THE LABOURERS I WILL ENGAGE THIS WEEK ARE NOT THE SAME LABOURERS I WILL ENGAGE NEXT WEEK. Pay processing fee of GHS270.00 at the in-house bank or via Online. In reality, this understanding may not be true in all the cases. PwC refers to the PwC network and/or one or more of its member firms, each of which is a separate legal entity. She could neither sue in tort nor in contract. PricewaterhouseCoopers 2008 Tax Facts and Figures 1 Income liable to tax Income tax is levied in each year of assessment on the total income of both resident and non-resident persons in Ghana. Tax Calculator: If you are a contractor and want a calculation on your tax and net retention in Ghana, we can supply it to you free of charge. However, NGOs like any other organization are subject to the tax regime of Uganda. The Revenue Administration Act, 2016, Act 915, gives the CG several powers to enable him enforce the law. In 1961 (fourteen years later), the Income Tax Ordinance introduced the concept of exemption from payment of income taxes by ecclesiastical or charitable organisations, Christian Council of Churches, the Muslim Council, et al. Salary, allowances, facilities, pension and gratuity of the President; Income directly connected to the Government or local authorities activities; Income of a non-commercial public corporation; Gain from life insurance when the proceeds are paid by a resident insurer; The income of a non-resident person from a business that operates ships or aircraft, if the Commissioner-General is satisfied that an equivalent exemption is granted by that persons country of residence to persons resident in Ghana; A dividend paid to a resident company by another resident company when the company receiving the dividend controls at least 25% of the voting power in the company paying the dividend. What are the other tax obligations of NGOs? Hence my question: who pays taxes in Ghana? Salaries are different between men and women. Privacy Policy But based on the very nature of government expenditure-process and on the ability to pay, many would reasonably argue that those employed in other areas of the private sector must be equally tax compliant. Most Not-for-profits / NGOs are not within the tax net of the central government. But the big deal here is that you still have to pay them. A public trust with an income of atleast 50,000 rupees or less or more than 50,000 needs to file a return to income every financial year.Further, if the voluntary organization in question has not been registered U/S.12A of the Act and earns an income that exceeds the minimum taxable limit then its total income and the corpus fund will be taxable on the amount excess. This is in compliance with Section 124 of Act 896. No mention was made of other religious organisations. Partners in Health, Oxfam, BRAC, International Rescue Committee, PATH, CARE International, Mdecins Sans Frontires, Danish Refugee Council and Ushahidi make up the top ten. Allowable deductions include the following: Interest incurred by a person in borrowing money or in the production of income; Digital Services Registration for Non-Resident, Integrated Customs Management System (ICUMS). Taxation is, by and large, the most important source of government revenue in nearly all countries. publishing, and training); vi. Thanks. It is based in Accra Ghana. Other donations to the church amounted to US$800,000. they have been specified in the law, or in any other case, the procedure to enforce such exemption has been followed). Those earning above $700 should be having 3,5 percent of $700, which is $24,50, deducted from their salary. The tax withheld must be filed and payment made by the 15, NGO as a Corporate Shareholder of a Company Limited by Shares, Annual General Meetings for Company Limited by Guarantee, A complete annual returns form from Registrar Generals Department. Taxable supplies include sale of anointing oil, bottled water, consultancy services, rental of premises, training, sale of magazines, diaries, calendars, stationery, Bible, and Quran. Governing Board, Click on the representative below to chat on WhatsApp or send us an email to info@gra.gov.gh, Copyright 2022, All Right Reserved, Ghana Revenue Authority. Youth World Travel Organization (YWTO) is situated in Ghana. Therefore, the applicable withholding tax rate is 5%. Please feel free to contact us for your Customs classifications and validation, Copyright Notice What are non governmental organizations in Ghana? ; US$5,000, b. NHIL and GETFund shall apply with the necessary modifications as may be required by law. Any other excisable product prescribed by the Finance Minister. Disclaimer of Warranty, About Us To this end, the following sectors deserve the attention of the Internal Revenue Service (IRS): manufacturing (small and medium size firms), the hospitality enterprises, construction and transportation sectors, and professional service providers. Employees of . Section 97(4) of Act 896 provides that income accruing to or derived by a charitable organisation is exempt from tax. Section 97(5) provides that Section 97(4) does not apply to business income of the charitable organisation [Emphasis mine]. 1. Third, there is a fundamental issue of whether we are sharing the tax burden fairly? Supply of goods such as books, anointing oil, etc. Osu Badu Street Dzorwulu. What makes tax evasion by persons and businesses possible is that it is difficult to track through payroll records, most often inadequately kept, and it is difficult to assess profits from proprietary businesses. Your answer is as good as mine. The church is required to withhold tax of US$30 on payments to the supplier and pay same to the Ghana Revenue Authority. Residents are subject to tax at rates ranging between 0% and 30% on the following annual graduated scale of income: Guide to Building a Profitable eCommerce Website, Self-Hosted LMS or Cloud LMS We Help You Make the Right Decision, ULTIMATE GUIDE TO BANJO TUNING FOR BEGINNERS. International Federation of Women Lawyers (FIDA), Ghana, Kantudu Youth For Education And Development (Kayed), Northern Childcare Voluntary Organisation, Northern Sector Action On Awareness Centre (Norsaac), Nsaba Ghana Schools (now located at Nsaba Ghana Community Projects), Oulamii Sooj African Drum & Dance Academy, Pro-Action Network in Education & Skill Training, Poverty Eradication, Youth Empowerment, And Wealth Creation, Regional Advisory Information & Network Systems, Science & Technology Advocacy Renaissance, The Hope Centre Mercy Ministries International, Volta Youth Soccer & Cultural Dancing Academy, Wunnam Northern Development Organisation, helping the less Privileged Children Through Quality Education, www.communityaidinternational.blogspot.com, Youth For Tradition International Exchange, Youth In Advancement In Community Development, Youth Embassy Net Organization (Free the Blind). In particular, whilst for an individual there is no filing obligation if there is no taxable income, for an entity (i.e. (All goods and services exempt from VAT are also exempt from the NHIL and GETFund). The Registrar of Companies appears not to be enforcing the law. Tax In Namibia. The first step in paying your business' taxes online from the comfort of your home or office is to visit the Ghana.GOV website. Therefore, the applicable withholding tax rate is 3%. conferring a private benefit, other than in pursuit of a function of the entity as a religious institution. Are religious leaders or founders, and employees of religious organisations required to pay taxes and/or comply with the tax laws of Ghana? Which started in 2005 as an organization aimed at promoting Baseball and Softball throughout Ghana. The pastor also travelled to the United Kingdom to preach in one of the branches of the church and received a gift equivalent to a value of US$50,000. Taxation of a resident person in Ghana is based upon the principle of worldwide taxation. Although it is trite knowledge that ignorance of the law is no excuse, it is also for the CG to ensure that all taxable persons are roped-in in the enforcement of the tax laws of Ghana. The normal response will be Of course!. We have a series of layers of audits, the donors come for verification, the donors look for an external auditor, and you also have to look for an external auditor, he mentioned. The School is not into the business of rental of commercial premises. Ms Chisanga was commenting on government's decision to issue statutory instrument 103 suspending tax exemption facility for NGOs. Income derived by overseas shippers or charterers carrying passengers, livestock, mail or goods out of PNG is taxable in PNG. A deduction to the extent of 100% of the contribution made if it has been made to the following: a) The National Defence Fund or the Prime Ministers National Relief Fund, b) The Prime Ministers Armenia Earthquake Relief Fund, c) The Africa (Public Contribution-India) Fund, d) The National Foundation for Communal Harmony, e) The Chief Ministers Earthquake Relief Fund, Maharashtra, f) The National Blood Transfusion Council, k) The Andhra Pradesh Chief Ministers Cyclone Relief Fund, 1996, m) The Chief Ministers Relief Fund or Lieutenant Governors Relief Fund, in respect of any State or Union Territory, as the case may be, subject to certain conditions, n) The University or educational institution of national eminence approved by the prescribed authority, o) The National Sports Fund to be set up by the Central Government, p) The National Cultural Fund set up by the Central Government, q) The Fund for Technology Development and Application set up by the Central Government, r) The national trust for welfare of persons with autism, mental retardation, cerebral palsy and multiple disabilities. 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