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             ACTS OF GHANA

                                                 FOURTH   REPUBLIC

 

Internal Revenue (Amendment) (No .2) Act   Act 871

ARRANGEMENT OF SECTIONS

Section

1.Section llA of Act 592 inserted

2.Imposition of Capital Gains Tax

3.First Schedule to Act 592 amended

4.Interpretation

THE"EIGHT HUNDRED AND SEVENTY-FIRST

                                                             ACT

OF THE PARLIAMENT OF THE REPUBLIC OF GHANA

ENTITLED

INTERNAL REVENUE (AMENDMENT) (NO.2) ACT, 2013   ACT 871

AN ACT to amend the Internal Revenue Act, 2000 (Act 592) to provide for the imposition of Capital Gains Tax on petroleum operations, to amend the withholding tax rates for non-residents; to amend the tax rates for free zone enterprises at the end of their ten year tax holiday and to provide for related matters.

DATE OF ASSENT: 30th December, 2013

PASSED by Parliament and assented to by the President:

Section II A of Act 592 inserted

1. The Internal Revenue Act, 2000 (Act 592) referred to in this Act as the "principal enactment" is amended by the insertion after section 11 of

'Taxation of Free Zone Enterprises

Ll A, A free zone developer or enterprise granted a licence under the Free Zones Act, 1995 (Act 504) is exempt from the payment of income tax on profits for the first ten years from the date of commencement of operations.".

Imposition of Capital Gains Tax

2. Despite any enactment to the contrary, the provisions of Chapter Two of the principal enactment relating to Capital Gains Tax apply to petroleum operations.

First Schedule of Act 592 amended

3. The First Schedule to the principal enactment is amended

(a) in paragraph 2 of Part One by the substitution for" 15%" of "20%"; and

(b) in Part Two by

(i) the substitution for paragraph 1 of

"1. Subject to paragraphs 3, 4, 5 and 6B of this Part, the income tax rate applicable to companies (other than a company principally engaged in the hotel industry) and income from goods and services provided to the domestic market by free zone enterprises after their tax holiday are:

Nature of income      Rate of Income Tax (for every cedi)

Income from the export of - non traditional goods

Other income 8% 25%

 (ii) the insertion after paragraph 6A of Part Two of "6B The income tax rate applicable to exports of a free zone enterprise outside the domestic market shall not exceed 8% ;

(c) in Part Five

(i) by the substitution for "10%" of "15%" in para- graph (b),

(ii) by the substitution for "15%" of "20%" in para- graph (c);

(d) in Part Seven by the substitution for "10%" of 15%; and

(e) in Part Eight by the substitution for "15%" of "20%".

Interpretation

4. In this Act, unless the context otherwise requires,

"petroleum operations" means exploration, development or production operations, including operations for the sale, export or disposal without sale of petroleum being operations carried out by a contractor.              

Date of Gazette notification: 31st December, 2013. ·

GPCLI ASSEMBLY PRESS, ACCRA. GPCLI A6401l,200/1212013

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