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CUSTOMS AND
EXCISE (PETROLEUM TAXES AND
PETROLEUM RELATED LEVIES) ACT,
2005 (ACT 685)
ARRANGEMENT OF
SECTIONS
Section
1. Imposition
of ad valorem duty on petroleum
products
2. Imposition
of a fixed tax on petroleum
products
3. Imposition
of energy levy
4. Imposition
of hydrocarbon exploration levy
5. Imposition
of road levy
6. Cross
subsidy levy
7. Social
Impact mitigating levy
8. Application
of Customs, Excise and Preventive
Service Law to this Act
9.
Interpretation
10. Repeal
11.
Commencement
SCHEDULE
Schedule 1
Schedule 2—Road
Levy
Schedule
3—Cross subsidy levy
Schedule
4—Social impact mitigating levy
THE SIX
HUNDRED AND EIGHTY-FIFTH
ACT OF THE
PARLIAMENT OF THE REPUBLIC OF
GHANA
ENTITLED
THE CUSTOMS AND
EXCISE (PETROLEUM TAXES AND
PETROLEUM RELATED LEVIES) ACT,
2005
AN ACT to
revise duties, taxes and levies on
specified petroleum products and
to provide for related purposes.
DATE OF ASSENT:
23rd February, 2005.
ENACTED by the
President and Parliament
Section
1—Imposition of ad valorem duty on
petroleum products
(1) There is
imposed by this Act on the
petroleum products specified in
column 1 of Schedule 1 ad valorem
duty of 15% of the ex-refinery
price of the products.
(2) The ad
valorem duty shall be collected by
the Customs, Excise and Preventive
Service at the strategic storage
depots for petroleum products
provided for under the Energy
Commission Act, 1997 (Act 541).
Section
2—Imposition of a fixed tax on
petroleum products
(1) There is
imposed by this Act on the
petroleum products specified in
column 1 of Schedule 1 the fixed
amounts specified in relation to
them in column 2 of the Schedule
as petroleum tax per litre of the
products.
(2) The fixed
amounts shall be payable to the
supplier by the person to whom the
product is supplied.
(3) The
supplier is liable to account for
the amounts to the Commissioner of
Customs, Excise and Preventive
Service at the time and place as
the Commissioner shall determine.
Section
3—Imposition of Energy levy
(1) There is
imposed by this Act on every litre
of the petroleum products
specified in Schedule 1 other than
Liquified Petroleum Gas (LPG) an
energy levy of ¢5,00.
(2) The energy
levy is payable to the supplier by
the person to whom the product is
supplied at the time of the
supply.
(3) The
supplier is liable to account for
the energy levy to the
Commissioner of CEPS at the time
and place that the Commission
shall determine.
(4) The energy
fund shall constitute a part of
the moneys of the Energy Fund
established under the Energy
Commission Act, 1997 (Act 541) and
accordingly the Commissioner shall
submit the energy levy to the
Energy Commission.
Section
4—Imposition of hydrocarbon
exploration levy
(1) There is
imposed by this Act on every litre
of the petroleum products
specified in Schedule 1 other than
Liquified Petroleum Gas (LPG), a
hydrocarbon exploration levy of
¢10.00
(2) The
hydrocarbon exploration levy is
payable to the supplier by the
person to whom the products is
supplied at the time of the
supply.
(3) The
supplier is liable to account for
the energy levy to the
Commissioner of CEPS at the time
and place that the Commission
shall determine.
(4) The purpose
of the hydrocarbon exploration
levy is to provide money
(a) to
promote exploration of hydrocarbon
basins:
(b) to
store geological data on
hydrocarbon deposits in Ghana;
(c) to
assist with human resource
development in hydrocarbon
exploration
(5) The
hydrocarbon exploration levy shall
be paid into the accounts that the
Accountant-General shall direct.
Section
5—Imposition of road levy
(1) There is
imposed by this Act a road levy of
the amounts specified in column 2
of Schedule 2 in respect of the
petroleum products specified in
relation to them in column 1.
(2) The road
levy is payable to the supplier by
the person to whom the product is
supplied at the time of the
supply.
(3) The
supplier is liable to account for
the payment of the road levy to
the Commissioner of CEPS.
(4) The road
levy shall constitute a part of
the moneys of the Road Fund
established under the Road Fund
Act, 1997 (Act 536) and
accordingly the Commissioner shall
submit the road levy to the Road
Fund Board.
Section 6—Cross
subsidy levy
(1) There is
imposed by this Act a cross
subsidy levy of the amounts
specified in column 2 of Schedule
3 in respect of petroleum products
specified in relation to them in
column 1.
(2) The cross
subsidy levy is payable to the
supplier by the person to whom the
product is supplied at the time of
the supply.
(3) The
supplier is liable to account for
the payment of the cross subsidy
levy to the Commissioner of CEPS.
Section
7—Social impact mitigating levy
(1) There is
imposed by this Act a social
impact mitigating levy of the
amounts specified in column 2 of
Schedule 4 in respect of petroleum
products specified in relation to
them in column 1.
(2) The social
impact mitigating levy is payable
to the supplier by the person to
whom the product is supplied at
the time of the supply.
(3) The
supplier is liable to account for
the payment of the social impact
mitigating levy to the
Commissioner of CEPS.
Section
8—Application of Customs, Excise
and Preventive Service Law to this
Act
The Customs,
Excise and Preventive Service Law,
1993 (PNDCL.330) shall apply for
the purposes of collection of the
taxes and levies imposed by this
Act.
Section
9—Interpretation
In this Act
unless the context otherwise
requires
"CEPS" means
Customs, Excise and Preventive
Service;
"Commissioner"
means Commissioner of CEPS;
"hydrocarbon
exploration" means exploration in
respect of liquified or gaseous
substances composed principally of
hydrocarbons that occur naturally
in sub-soil, sea bed and includes
natural gas, crude oil shales, oil
sand substances commonly known in
the petroleum industry as gas
condensate and liquified petroleum
gas;
"supplier"
means a person who sells or
otherwise disposes of the
petroleum products specified in
Schedule 1.
Section
10—Repeal
(1) The
following enactments are repealed:
(a)
The Customs and Excise
(Petroleum Taxes and Petroleum
Related Levies) Act, 1998 (Act
544);
(b)
The Customs and Excise
(Petroleum Taxes and Related
Levies) (Amendment) Act 2001 (Act
593);
(c)
The Customs and Excise
(Petroleum Taxes and Petroleum
Related Levies) Act, 2001 (Act
603);
(d)
The Customs and Excise
Petroleum Taxes and Petroleum
Related Levies (Amendment) Act
2003 (Act 640)
(2) The
following Executive Instruments
are hereby revoked:
(a)
Customs and Excise
(Petroleum Taxes and Related
Petroleum Related Levies)
(Commencement) Instrument 2001
(E.I. 15);
(b)
Customs and Excise
(Petroleum Taxes and Petroleum
Related Levies) Commencement)
(No.2) Instrument, 2001 (E.I.19).
Section
11—Commencement
This Act shall
come into force on the 23rd day of
February 2005.
SCHEDULES
SCHEDULE 1
(Sections 1, 2,
3 and 4)
Petroleum
Products Specific Excise
Duty
1. Premium
Petrol ¢200.00
2. Gas
Oil ¢200.00
3. Residual
Fuel Oil ¢200.00
4. Kerosene
¢100.00
5. Premix Fuel
¢100.00
6. Marine Gas
Oil (local)
¢100.00
7. Liquified
Petroleum Gas (LPG)
¢100.00
SCHEDULE 2
(Section 5)
ROAD LEVY
Premium Petrol
¢600 per litre
Gas Oil ¢600
per litre
SCHEDULE 3
(Section 6)
CROSS SUBSIDY
LEVY
Premium Petrol
+¢500.00 per litre
Kerosene -¢484.49 per
litre
Gas Oil
-¢269.87 per litre
Residual
Fuel -¢139.37 per litre
Premix
Fuel -¢36.08 per
litre
Marine Gas Oil
(local) -¢622.87 per
litre
Liquified
Petroleum Gas (LPG) -¢1,840.42 per
kilogram
SCHEDULE 4
(Section 7)
SOCIAL IMPACT
MITIGATING LEVY
Premium
Petrol
¢442.56 per
litre
Date of Gazette
Notification: 23rd February, 2005. |
