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VALUE ADDED TAX (AMENDMENT) (NO.2) ACT, 2017 Act 954
ARRANGEMENT OF SECTIONS
Section
1.
Section 5 of Act 870 amended
2.
Section 42 of Act 870 amended
3.
Sections 47 A and 47B inserted
4.
Section 48 of Act 870 amended
5.
Section 52 of Act 870 amended
6.
First Schedule to Act 870 amended
REPUBLIC OF GHANA
THE NINE HUNDRED
AND FIFTY-FOURTH
ACT
OF THE PARLIAMENT OF THE REPUBLIC OF GHANA
ENTITLED
VALUE ADDED TAX (AMENDMENT)(NO.
2) ACT, 2017 ACT 954
AN ACT to amend the Value Added Tax Act, 2013 (Act
870) to remove I the tax on stakes in the National
Lotto, to provide for the withholding from the
payment of Value Added Tax to registered Value Added
Tax traders and to provide for related matters.
DATE OF ASSENT: 29th December, 2017.
PASSED by Parliament and assented to by the
President:
Section 5 of Act 870 amended
1. The Value Added Tax Act, 2013 (Act 870), referred
to in this Act as the "principal enactment", is
amended in paragraph (d) of subsection (2) of
section 5 by the deletion of "lotteries and".
Section 42 of Act 870 amended
2. Section 42 of the principal enactment is amended
by the deletion of subsection (11) and the
insertion of "(11) In the case of telecommunications
service described
in paragraph (b) of subsection (2) of section
16, the place of supply is
(a)
the place where the facility or instrument for the
emission, transmission or reception of the service
in respect of which the invoice for the supply is
issued or is to be issued, is ordinarily situated;
or
(b)
the place where the effective use and enjoyment
occurs" .
"Appointment of Value Added Tax Withholding Agent
47A. The Commissioner-General may in writing appoint
a Vaiue Added Tax Withholding Agent for the
Authority.
Duties of a Value Added Tax Withholding Agent
47B. A Value Added Tax Withholding Agent shall
(a)
withhold from the payment to a registered Value
Added Tax trader, seven percent. of the taxable out-
put value of standard rated supplies; and
(b)
at the time of making payment for the standard rated
supplies, issue a Withholding Value Added Tax Credit
Certificate in the form prescribed by the
Commissioner-General to the supplier.
Sections 47A and 47B inserted 3.' The principal
enactment is amended by the insertion after section
I 47 of 47C. The scope of a Value Added Tax
Withholding Agent shall
include
(a)
Value Added Tax registered entities whose supplies
are zero-rated; and
(b)
selected Government and other Value Added Tax
registered entities.".
Section 48 of Act 870 amended
4. Section 48 of the principal enactment is amended
by
(a)
the insertion after subparagraph (iii) of paragraph
(a)
of subsection (1) of "(iv) in respect of supplies
made in Ghana, the taxable person is in possession
of a Withholding Value Added Tax Credit Certificate
issued tinder this Act.; and
(b)
the renumbering of subparagraph (iv) of paragraph
(a)
of subsection (1) as (v).".
Section 52 of Act 870 amended
5. Section 52 of the principal enactment is amended
by the addition of subsection (9)
"(9) Despite subsections (4) and (5), a Value Added
Tax Withholding Agent shall,not later than the 15th
day of the month immediately following the month to
which the returns relate,
(a)
submit to the Commissioner-General returns relating
to the Value Added tax withheld under section'47B
for each period in accordance with the prescribed
form; and
(b)
pay the amount withheld for each period to the
Commissioner-General." .
First Schedule to Act 870 amended
6.
The First Schedule to the principal enactment is
amended by the addition of the following new
paragraph:
"24. (1) A stake in the National Lotto organised by
the National Lottery Authority.
(2) For purposes of this paragraph, "National Lotto"
has the meaning assigned in section 56 of the
National Lotto Act, 2006 (Act 722).".
Date of Gazette notification: 29th December,
2017.
GPCL.
ASSEMBLY PRESS. ACCRA. GPCLlA937 11.500/12/2017
Website:
www.ghpublishingcornpany.com E-mail:
info@:ghpublishingcompany.com
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