FOURTH
REPUBLIC
ACT 810
ACT
OF THE PARLIAMENT OF THE REPUBLIC OF GHANA
ENTITLED
VALUE ADDED TAX (AMENDMENT) ACT, 2010
AN
ACT to amend the Value Added Tax Act, 1998 (Act
546) to
revise
and expand the coverage of the threshold for
registration;
and
re-classify
locally produced pharmaceuticals, locally produced
text-books
and
locally manufactured agricultural machinery and
tools as
exempt
supplies.
DATE OF ASSENT:
PASSED by Parliament and assented to by the President:
Section 3 of Act 546 amended
1.
The
Value
Added Tax Act, 1998 (Act 546) as
amended
and
referred
to
in
this
Act as the principal enactment is further
amended
in
section
3
by
the
substitution for subsection (2) of
(2)
A person to whom subsection (1) (b) of section
5
applies
shall
account for the Value Added Tax payable under this
section
at a flat rate of 3% calculated
on the value of the taxable supply.
Section
5
of
Act
546 amended
2.
The
Value
Added Tax Act, 1998 (Act 546) referred to in this
Act as
the
principal
enactment is amended in section 5 by the
substitution for
subsection
(1)
of
"Registration
as taxable
person
(1)
Aperson is registrable as a taxable person if that
person is a person who makes taxable supply of goods
or services and
has
a business turnover that exceeds
(a)
GH˘90,OOO.OO over a twelve month period; (b)
GH˘67,500.00 over a nine month period; (c)
GH˘45,OOO.OO over a six month period;
or
(d) GH˘22,500.00 over a three month period
whichever is achieved earliest."
(2)
A person whose business turnover is below GH˘90,OOO.OO
but exceeds GH˘lO,OOO.OO
over a twelve month period or a proportionate
part thereof is
registrable as a taxable person and shall charge and
account for the tax as provided under subsection
(2) of section 3 of this Act."
Section 25 of Act 546 amended
3.
Section 25 of the Principal enactment is amended by
the deletion of subsection 1 (b)
Section 62 of Act 546 amended
4.
The
principal enactment is amended by the substitution
for section 62
of
"Obstruction of officer of the Service
62.
A
person
who
(a)
obstructs the Commissioner or an Officer authorised
by the Commissioner in the performance of functions
under this Act;
(b)
assaults or refuses to grant access to that person's
premises to the officer in the performance of functions
(c)
breaks into any premises sealed under the warrant of
the Commissioner;
or
(d)
interferes
with any property on which a warrant of distress has
been executed.
commits an offence and is liable on summary
conviction to a fine of not less than one hundred
penalty units or more than eight hundred penalty
units or three
times
the
amount of tax or revenue involved,
whichever is higher,
or
to
a
term of imprisonment of not more than five years or
to both."
First Schedule of Act 546 amended
5.
First Schedule to the principal enactment is amended
(a) by the substitution for item No.
12
of
"12.
Transportation includes transportation by bus
and
similar vehicles,
train,
boat and air but excluding haulage and vehicle hiring;"
(b)
by
the insertion after item 24 of
26.Agricultural
Machinery
"25
Pharmaceuticals Locally produced pharmaceuticals as
determined by the Minister for Health and approved
by Parliament.
Locally produced textbooks and exercise books as
determined by the Minister for Education and
approved
by
Parliament.
Locally manufactured agricultural machinery and
other agricultural implements and tools."
Second Schedule of Act 546 amended
6.
The
principal enactment is amended in the Second
Schedule by the deletion of items numbered 3,4 and
5.
L.I.
1817 revoked
7.
The Ghana Investment Promotion Centre (Promotion of
Tourism) Instrument 2005 (L.I.
1817) is hereby revoked.
8.
Section 25 of the principal enactment s amended by
the deletion of subsection
(l)(b).
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