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INTERNAL REVENUE (REGISTRATION OF
BUSINESS) ACT, 2005 (ACT 684)
ARRANGEMENT OF SECTIONS
Section
1. Registration of Business
2. Application for Registration
3. Issue of Certificate
4. Display of Certificate
5. Power to Enter Premises
6. Categories of Self-employed
persons
7. Other Offences
8. Offences by bodies of persons
9. Regulations
10. Interpretation
11. Repeals
12. Commencement
SCHEDULE
Schedule
THE SIX HUNDRED AND EIGHTY-FOURTH
ACT OF THE PARLIAMENT OF THE
REPUBLIC OF GHANA
ENTITLED
INTERNAL REVENUE (REGISTRATION OF
BUSINESS) ACT, 2005
AN ACT to re-enact with amendments
the law relating to registration
of business for income tax
purposes and to provide for
connected matters.
DATE OF ASSENT: 6th January, 2005
BE IT ENACTED by Parliament as
follows:
Section 1—Registration of Business
(1) A person shall not carry on
any business unless that person
has registered the business with
the Commissioner.
(2) There shall be paid for the
registration the fees specified in
the Schedule to this Act or such
other fee as the Commissioner
shall prescribe.
(3) A person who contravenes
subsection (1) commits an offence
and is liable on summary
conviction to a fine not exceeding
100 penalty units or imprisonment
for a term not exceeding 3 months
and where the offence is continued
after conviction, to a further
fine of 20 penalty units for each
day the offence is continued.
(4) Notwithstanding subsection
(3), prosecution shall not proceed
under this section where the
person pays to the Commissioner
the prescribed registration fee
and a penalty which shall be 100%
of the registration fee.
Section 2—Application for
Registration
An application for registration of
any business shall be in such form
as the Commissioner shall
prescribe.
Section 3—Issue of Certificate
Upon the submission of payment of
the fee, the Commissioner shall
issue a certificate of
registration.
Section 4—Display of Certificate
(1) Subject to subsection (2) of
this section, a person to whom a
certificate of registration has
been issued under this Act shall
display the certificate
conspicuously on premises of the
principal place of business.
(2) Where a person carries on a
business at more than one place, a
photocopy of the certificate shall
be exhibited at that other place.
(3) A person who contravenes
sub-section (1) or (2) commits an
offence and is liable on summary
conviction to a fine of not less
than 25 penalty units and not more
than 50 penalty units or to a term
of imprisonment of not more than
three months.
Section 5—Power to Enter Premises
(1) The Commissioner or any person
authorised by the Commissioner may
enter any premises or place where
any business is carried on for the
purpose of enforcing the
provisions of this Act.
(2) The Commissioner may request
the assistance of any police
officer for the purpose of
entering any business premises to
inspect a certificate of
registration.
(3) A person who obstructs the
Commissioner or any person
authorised by the Commissioner in
the performance of a duty under
sub-section (1) commits an offence
and is liable on summary
conviction to a fine of not more
than 100 penalty units or to a
term of imprisonment of not more
than 3 months.
Section 6—Categories of
Self-employed persons
(1) The Commissioner may determine
the categories of business of the
employed persons and the
registration fees payable by the
categories.
(2) Where there is doubt as to
whether a business falls into one
category or the order that doubt
shall be resolved by the
Commissioner.
Section 7—Other Offences
Any person who makes a statement
(a) in respect of an application
under this Act; or
(b) to an authorised person in
response to a request for
information in the performance of
that person's functions under this
Act,
which is false, commits an offence
and is liable on summary
conviction to a fine of not more
than 100 penalty units or to a
term of imprisonment of not more
than 12 months or to both.
Section 8—Offences by bodies of
persons
(1) Where an offence is committed
under this Act by a body of
persons, every director, manager,
partner or officer of that body
corporate whose act or omission
resulted in the contravention of
that offence is liable on summary
conviction to the penalty provided
in respect of that offence.
(2) A person shall not be treated
as having committed an offence
under subsection (1) if that
person proves that the offence was
committed without that persons
knowledge or connivance and that
that person exercised due
diligence to prevent the
commission of the offence having
regard to all the circumstances.
Section 9—Regulations
The Minister responsible for
Finance may by legislative
instrument make regulations for
the purposes of giving effect to
the provisions of this Act and
especially for amending the
Schedule to this Act.
Section 10—Interpretation
In this Act, unless the context
otherwise requires
"business" includes any trade,
profession or vocation, but not
employment.
"Commissioner" means the
Commissioner of Internal Revenue.
Section 11—Repeals
The following enactments or parts
of enactments are hereby repealed:
(1) Income Tax (Registration of
Trade, Business, Profession or
Vocation) Law, 1988 (PNDCL 156).
(2) Paragraphs 2, 4, 5, and 9 of
the Sixth Schedule of the Local
Government Act, 1993 (Act 462).
Section 12—Commencement
This Act shall come into force on
1st January, 2005.
SCHEDULE
Section 1(2)
|
Categories |
Registration Fees |
|
1. Companies
2. Professionals (Lawyers,
Dentists, Doctors, Engineers,
Accountants, Pharmacists,
Valuers, Architects and
analogous professionals)
3. Self employed persons other
than professions
4. Small scale self-employed
person
¢50,000.00 |
¢100,000.00
¢100,000.00
¢75,000.00
¢50,000.00 |
Date of Gazette notification: 14th
January2005
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 |
