LawSikho has created a telegram group for exchanging legal knowledge, referrals and various opportunities. Value Added Tax (VAT), National Health Insurance Levy (NHIL), and Ghana Education Trust Fund Levy (GETFund). He added that NGOs also pay taxes and are checked by the Ghana Revenue Authority (GRA). Allowable deductions include the following: Interest incurred by a person in borrowing money or in the production of income; Digital Services Registration for Non-Resident, Integrated Customs Management System (ICUMS). Annual income tax rates (Effective January 2022) Find below, Monthly income tax rates (Effective January 2022) Find below. To achieve the intended purposes, NGOs require funding and normally this is in the form of contributions and grants that have been derived from other profit-making activities, that would have been taxed already. a. (NGO Act Section 46 (1)). Do your tax with TaxTim and WIN R10,000 T&C's apply. Employees of . Medical services, essential drugs as listed under Chapter 30 of the HS Code produced or supplied in Ghana, specified active ingredients for essential drugs, and selected imported special drugs determined by the Minister for Health and approved by Parliament. Business Income of a Religious Organisation. A recommended letter from the district, municipal or metropolitan assembly responsible for the area where your NGO is to be located. the name was changed in 2007 to Sports and Youth Development Organization Ghana. Therefore, whenever a religious organisation makes payments for, a. Failure to withhold taxes is an infringement of the law which exposes the organisation to penalties and interest surcharges. . Therefore, a religious organisation registered as such with the Registrar of Companies is separate from the founder(s), religious leaders, or employees of the company. He is required by Article 23 of the Constitution 1992 to comply with the requirements imposed on him by Section 1(1) of Act 915 to administer and give effect to the tax laws of Ghana. The entity has a written constitution that prohibits that entity from, i.engaging in a party political activity, supporting a political party or using its platform to engage in party politics, ii. Flowing from the foregoing, it is imperative that there should be a paradigm shift in our deliberation on the position of the law with regards to taxation of religious organisations. Address description of the subscriber. Hence, you should know the various taxes to pay and the rates. In addition, certain tax obligations or costs will normally not be exempted - for example, payroll taxes on employees, withholding taxes on suppliers, stamp duty on various legal instruments and indirect taxes on supplies of certain services (for example, telecommunications, electricity). Any excess revenue (surplus) remaining after all the expenditures of a religious organisation in any year has to be retained and applied in the future to the companys purposes. And political interpretation of the exercise only further calls attention to those who are most affected and their aversion to comply with tax laws. But, he's put the right spin on his tax situation by . c.The rental of premises for commercial purpose is considered as rent. I hope it wouldnt take a court to compel the CG to do what he is supposed to do. In particular, the religious organisations and their associated stakeholders who are required to pay the applicable taxes and/or comply with the law are unaware of the responsibilities they have as operating persons in Ghana. So, in a word do remember to file the returns even if no tax is payable! The CG is appointed by the President in compliance with section 13(1) of the Ghana Revenue Authority Act, 2009, Act 791. Are religious leaders or founders, and employees of religious organisations required to pay taxes and/or comply with the tax laws of Ghana? Notwithstanding the fact that a religious organisation is not required to pay income taxes on receipts incidental to their objects, the law requires them to file their corporate income tax returns with the Ghana Revenue Authority within four month after each financial year of the organisation. The payment of the withheld tax and filing of the withholding tax return must be done by 15 September 2018. Average salary in Ghana is 306,223 GHS per year. NGO staff receive a salary for the work they do. they are socially, politically, economically educationally and even morally helpful to the country. Copyright 2016, All Rights Reserved. The person or organization will get a deduction of 50% of donation amount from the Taxable Income. In Ghana, tax is deducted from an employee's personal income at source through a 'pay-as-you-earn' scheme. As was said by Ms Sophia Akuffo, JSC (as she then was), in the case of Atta Barfour v Tema Development Corporation, it is a basic principle that equity aids the vigilant and not the indolent. Therefore, where the Ghana Revenue Authority continues to sit and watch, and fail to enforce the law, it cannot put blame on the religious fraternity. Section 97(4) of Act 896 provides that income accruing to or derived by a charitable organisation is exempt from tax. Section 97(5) provides that Section 97(4) does not apply to business income of the charitable organisation [Emphasis mine]. Ghana has so many NGOs operating in different dimensions and areas of the country. SSBI's are not required to pay gift or inheritance taxes, as long as they apply for exemptions thereof by filing their gift taxes. Income Tax Exemptions are the amounts that are reduced or removed from Income amounts because they are exempt from taxation. Privacy Policy these are taxable services). Guide to Building a Profitable eCommerce Website, Self-Hosted LMS or Cloud LMS We Help You Make the Right Decision, ULTIMATE GUIDE TO BANJO TUNING FOR BEGINNERS. The CG is, therefore, an administrative officer within the meaning of Article 23 of the Constitution, 1992. iii. operation of a bookshop; and. The learned judge also referred to the South African case of Chancellor, Master and Scholars of the University of Oxfordv. Commissioner for Inland Revenue, Republic of South Africa to support his position. Application letter on the organizations official letterhead, Memorandum of understanding between the NGO and the Government. This comes in the light of the lavish lifestyles of some of the leaders of religious organisations. Partners in Health, Oxfam, BRAC, International Rescue Committee, PATH, CARE International, Mdecins Sans Frontires, Danish Refugee Council and Ushahidi make up the top ten. gifts from church members in the United Kingdom, etc. In 1961 (fourteen years later), the Income Tax Ordinance introduced the concept of exemption from payment of income taxes by ecclesiastical or charitable organisations, Christian Council of Churches, the Muslim Council, et al. : DSD/6634. They are typically nonprofit entities, and many of them are active in humanitarianism or the social sciences; they can also include clubs and associations that provide services to their members and others. The NGOs which cannot generate their own income are completely depends on funders to pay their employer cost. The Company is working in Secretarial Services, Associations business activities. All businesses registering with the GRA, must do so at the nearest GRA district office closest to the project location. The salary in NGOs are totally depends on NGOs income and investments. But this is a general mis-conception that we tend to have because of the truth of it being a non-profit organisation. Calculating taxes can be tedious, even more so if you are not sure about the rates and percentages. ii. Providential Aid Organization is situated in Kumasi, Ghana. Well, essentially there is a two step process in terms of (i) recognition as a charitable organisation and (ii) minimum annual expenditure on the organisations activities. Please feel free to contact us for your Customs classifications and validation, Copyright Notice Tax Calculator: If you are a contractor and want a calculation on your tax and net retention in Ghana, we can supply it to you free of charge. Annual income tax rates (Effective January 2022) , Monthly income tax rates (Effective January 2022) . Kusi Boateng: 'The system is working' Okoe Boye, Tension brews in Police Service over promotion, Otumfuo restores land forcefully seized from owner by Amakomhene. TAX LIABILITY OF NGOs: All voluntary or charitable organisation as defined U/S.2 (15) of the Act has the liability to pay service tax on the income actually received by them, except for that donation which has been specified to be 'corpus' by the donor in writing. It must be pointed out that educational institutions and religious institutions under enactments in Ghana prior to the year 2016 were considered as exempt organisations for tax purposes. In this instance, though, this cynicism is wrong. Rational Choice Theory Examples In Movies, Everfi Ignition Program, Mature Paperbark Maple For Sale, Ethiopia Yirgacheffe Starbucks, Publix Emerald Isle, Passion For Learning, Cheapest Stolichnaya Vodka, . Green Earth Organisation is situated in Accra, Ghana. A deduction to the extent of 100% of the contribution made if it has been made to the following: a) The National Defence Fund or the Prime Ministers National Relief Fund, b) The Prime Ministers Armenia Earthquake Relief Fund, c) The Africa (Public Contribution-India) Fund, d) The National Foundation for Communal Harmony, e) The Chief Ministers Earthquake Relief Fund, Maharashtra, f) The National Blood Transfusion Council, k) The Andhra Pradesh Chief Ministers Cyclone Relief Fund, 1996, m) The Chief Ministers Relief Fund or Lieutenant Governors Relief Fund, in respect of any State or Union Territory, as the case may be, subject to certain conditions, n) The University or educational institution of national eminence approved by the prescribed authority, o) The National Sports Fund to be set up by the Central Government, p) The National Cultural Fund set up by the Central Government, q) The Fund for Technology Development and Application set up by the Central Government, r) The national trust for welfare of persons with autism, mental retardation, cerebral palsy and multiple disabilities. Africa Health Research Organization is situated in PO Box AN6731, Ghana. Those earning above $700 should be having 3,5 percent of $700, which is $24,50, deducted from their salary. It is based in Accra Ghana. Whether you're a contractor or a permanent employee, you have to pay tax on all of your earnings whilst you're in the country. they have been specified in the law, or in any other case, the procedure to enforce such exemption has been followed). The granting, assignment or surrender of an interest in land or buildings intended to be used for the purpose of dwelling; the right to occupy land or buildings excluding hotel accommodation, warehousing, storage and similar occupancy incidental to the provision of the related services. My NGO engages in the production and sale of artefacts as a fund raising activity but auditors wants to classify that income as business income subject to tax. Further, accountability, transparency and enforcement of the law may become easier as the Ghana Revenue Authority can easily corroborate information provided by taxpayers in support of filed returns. First, in some cases, it is apparent that although personal income taxes are deducted at source, some employers may not remit the taxes to the state accurately and promptly; aided perhaps by corrupt tax officials. Therefore, the vehicle of operation should not be by a company with shares. This write-up, therefore is simply to. One of the grievous misconceptions in the sector is the common assumption that all the charitable activities carried out by an NGO are exempt from GST. b. To this end, the following sectors deserve the attention of the Internal Revenue Service (IRS): manufacturing (small and medium size firms), the hospitality enterprises, construction and transportation sectors, and professional service providers. The poverty rate is estimated to have slightly increased from 25 percent in 2019 to 25.5 percent in 2020. Businesses exempted from corporate tax are still required to register their business with the GRA to pay income tax. Pay as You Earn (PAYE): The law exempts NGOs as an entity from paying taxes on non-profit related income as explained above. List of Grant Funding for Individuals & Grants for NGOs. Section 10(2) of Act 179 goes on to provide for sanction for officers, members of the company and the company itself should it carry out activities for the purpose of making profit. In Ghana, tax is deducted from an employee's personal income at source through a 'pay-as-you-earn' scheme. Please feel free to contact us for your Customs classifications and validation, Copyright Notice provision of services (such as hiring out of venues and facilities of the religious organisation); v.selling of in-house expertise to interested persons (e.g. Where the Commissioner has established that the company or NGO is exempt, then the NGO is exempted from paying corporate taxes. It should be noted that in a situation where the assets are in the name of the church but are being used for the personal benefit of the pastor, the collateral benefit or benefit in kind should be assessed to tax in the hands of the pastor as required by law. Are we condoning contravention of Act 179? Most Not-for-profits / NGOs are not within the tax net of the central government. And in the advanced economies they are called Charities. Such tax cheating can be overcome (not eliminated) through sting operations and random audits. Registering a Sole Proprietorship Business in 2023, How Foreign Investors Can Register a Business with the GIPC in 2023, How a Foreigner can Obtain Visa on Arrival to Nigeria 2023, How to Obtain a Ghana Work and Residence Permit in 2023, Nature of Business (Give a brief description of the companys business activities, Personal details of Executive Council Members, secretary and subscribers (nationality, date of birth, occupation, contact, email and residential address), Tax Identification Number of Executive Council Members, Secretary and Subscribers, Personal details of the secretary (Name, Residential Address, Postal Address, Mobile Number and qualification), Purpose of Beneficial Ownership Information (You select Company Registration). On the assumption that this represents payment to the photographer for the whole year, the payment is exempt from tax. Lack of enforcement by one agency, may have a repelling effect on the other. This legal status makes it easier for NGOs to operate, as they are not required to pay tax on the funding they receive from government bodies, donors, and other sources. Now we know NGO workers get paid, let . Third, because the tax burden is borne by the few, it is to be expected that the actual rates may be high in order to raise any needed revenue and a higher rate itself discourages compliance. g.Investigation of non-compliance with charity rules; h.Establishment of charity courts; and, i. It is for the organisation, simpliciter. Gifts derived in course of employment, business and investment; Now, where a religious leader acquires property or makes investment in his own name, the question that must be asked is; what is the source of income of the person? With the above settled, the next question of interest is: what are the sources of income of the pastor that enabled him to buy the vehicles, house and shares? The church is required to withhold tax of US$30 on payments to the supplier and pay same to the Ghana Revenue Authority. Speaking in the same interview, the CEO of KankoAssociates, Mary Tobbin Osei supported Mr Nkaws position, as a donor, adding that NGOs are unbending when it comes to accountability. Of government employees, withholding taxes covered about 68% of those who worked in the utilities. The net amount due to the supplier is US$970. Supply of goods such as books, anointing oil, etc. Secondly, the organisation should have a public character. For new business tax registration, provisional tax assessment is determined by the GRA office in consideration of the objects of the business, stated capital and the nationality of the shareholders. Alcoholic beverages bottled, canned, contained in kegs for sale or packaged in any other form; Non-alcoholic carbonated beverages bottled, canned or packaged in any other form. 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