Value Added Tax (Amendment) (No.2), 2008                     Act 765

ARRANGEMENT OF SECTIONS

Sections

1.      Section 25 of Act 546 amended

2.      Section 68 of Act 546 amended

3.      First Schedule to Act 546 amended

4.      First Schedule A to Act 546 repealed

5.      First Schedule B to Act 546 amended

6.      Second Schedule to Act 546 amended

7.      Fifth Schedule to Act 546 amended

 

                                        ACT

OF THE PARLIAMENT OF THE REPUBLIC OF GHANA

ENTITLED

                                             VALUE ADDED TAX (AMENDMENT) (NO.2) ACT, 2008

An Act to amend the Value Added Tax Act, 1998 (Act 546), to zero-rate locally produced pharmaceuticals, and to provide for related matters.

DATE OF ASSENT: 13TH NOVEMBER 2008

ENACTED by the President and Parliament:

Section 25 of Act 546 amended

1. Subsection 1 of section 25 of the Value Added Tax Act, 1998 (Act 546) referred to as the principal enactment is further amended by the substitution for paragraph (b) of

"(b) the supplies specified in items 2,3,4 and 5 of the Second Schedule to this Act where the Commissioner may refund the excess credit to the taxable person".

Section 68 of Act 546 amended

2. The principal enactment is amended in section 68 by the deletion of subsection (2) and the insertion of

"(2) Where a person who qualifies as a taxable person fails to apply for registration, the Commissioner may notify and direct the person in writing to apply to be registered within thirty days after service of the notice on that person.

(3) Where a person notified by the Commissioner fails to apply for registration, the Commissioner may issue a warrant as in Form B of the Fifth Schedule to lock up or seal off the business premises of that person until the person applies for registration.

(4) The Commissioner or an officer in the discharge of duties under this section or another section of this Act may seek the assistance of a police officer".

First Schedule to Act 546 amended

3. The First Schedule to the principal enactment is amended

(a) by the substitution for items No. 12 and description of

 

"Item No.	Description
12. Medical supplies and service Pharmaceuticals	(a) Medical Services
	(b) Pharmaceuticals:           (i) Essential drugs as listed under Chapter 30 of the Harmonised Systems Commodities Classifi­cation Code, 1999, supplied by retail in Ghana            (ii) Imported special drugs deter­mined by the Minister for Health and approved by Parliament as specified in First Schedule J>.:'

                      (b) by the addition of a new description (e) under item no. 14 "(e) agriculture (excluding locally manufactured agricul­tural machinery and other agricultural implements or tools.)"

First Schedule A to Act 546 repealed

4. The principal enactment is amended by the repeal of First Schedule A.

First Schedule B to Act 546 amended

5. The principal enactment is amended in First Schedule B by the re­numbering of First Schedule B as First Schedule A.

Second Schedule to Act 546 amended

6. The principal enactment is amended in the Second Schedule by the addition of item no. 5.

"5. Locally produced pharmaceuticals as determined by the Minister for Health and approved by Parliament".

Fifth Schedule to Act 546 amended

7. The fifth Schedule to the principal enactment is amended by the addition of a new Form B after Form A.