So, in a word do remember to file the returns even if no tax is payable! With reference to the holding of the Chapel Hill School Limited (Supra) case, and considering the present state of all applicable laws, the income of a religious organisation established as a Company Limited by Guarantee or a Trust (with no individuals ultimately being the beneficiaries) in the performance of its objects, the business profit is not subject to tax in Ghana. Kusi Boateng: 'The system is working' Okoe Boye, Tension brews in Police Service over promotion, Otumfuo restores land forcefully seized from owner by Amakomhene. The first step in paying your business' taxes online from the comfort of your home or office is to visit the Ghana.GOV website. d.Taxation of the Business and Investment Income of Religious. On 1 January 2016, the Income Tax Act, 2015, Act 896 (as amended) came into force repealing Act 592 and saved Regulations, notices, and other acts lawfully done under the repealed law. Some NGOs are local while others are International NGOs. This is the law on taxation of income currently in force. Considering the enormous powers of the CG, if he fails to enforce the law, who should we blame? Any additional day is Gh, Income tax After each quarter (March, June, September, December), you pay Gh, Annual financial statements After the last working day of April, you will pay Gh, Copies of payment receipts for general and operational expenses, Custom import documents as evidence for importation, VAT invoices must agree with the Monthly VAT filings, Monthly VAT filings must agree with the reported Annual turnover figure in the financial statement. The pastor also travelled to the United Kingdom to preach in one of the branches of the church and received a gift equivalent to a value of US$50,000. NGOs can accept donations from private individuals, for-profit companies, charitable foundations, and governments, whether local, state, federal, or even foreign. The headquarter of this NGO is in Accra, Ghana. Most NGOs are not within the tax net of the central government (if at all they pay tax it may on some commodities) and in fact governments all over the world offer assistance in whichever way they can. If you own an SSBI, you also do not have to pay any profit tax. The Federal Inland Revenue Service (FIRS) recently issued Information Circular No. Supply of goods such as books, anointing oil, etc. Other donations to the church amounted to US$800,000. 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. Taxable in the same manner as voluntary contributions (without specific direction) as above. Income derived by overseas shippers or charterers carrying passengers, livestock, mail or goods out of PNG is taxable in PNG. PricewaterhouseCoopers 2008 Tax Facts and Figures 1 Income liable to tax Income tax is levied in each year of assessment on the total income of both resident and non-resident persons in Ghana. Personal income tax rates. https://www.myjoyonline.com/notion-that-people-set-up-ngos-to-enrich-themselves-false-stakeholder/-------https://www.myjoyonline.com/notion-that-people-set-up-ngos-to-enrich-themselves-false-stakeholder/, Daily: 0.30p | Weekly: GHS 2 | Monthly: GHs 9, Fake NGOs colluding with funding organisations for leaked funds AAG Country Director, African farmers, NGOs, faith leaders to demand end to failed Green Revolution, B-HECK Africa NGOs Alliance to honour Juabenhene, others for contribution to local governance, development, Budding entrepreneurs advised to steadily nurture their businesses, NGOs, CSOs join All-Africa Students Union against child labour, Gender-based violence, harassment at workplaces widespread in informal sector Survey, GES policy draft weakens civil societys ability to demand accountability CSOs, Nutrition and post-harvest losses sub-committee inaugurated in East Gonja, LIVE: Nigeria election 2023: Latest presidential and parliamentary results, We are not backing down unless there is force majeure Deputy EC chairman on CI, Ada Traditional Council calls on government to honour Atsu with monument, Ghana Card wont be used to vote in 2024 election Jean Mensa, Playback:Jean Mensa, Attafuah brief Parliament over controversial CI proposal, 2022 FIFA Awards: Real Madrids David Alaba racially abused after voting for Messi ahead of Benzema, Kwaku Agyeman Manu given 2 hours to appear before Health Committee over vaccines shortage, The Best Awards: I dont decide alone David Alaba explains voting Messi ahead of Benzema, Bola Tinubu wins Nigerias presidential election against Atiku Abubakar and Peter Obi, Ghana Police media blackout: How a nationwide veto is feeding speculation and disinformation, The 10 Youth Resource Centres that have become Bush Resource Centres, Ghana Month: Prime Minister Nkrumahs review of Ghana a year after Independence, Ghana Month 2023: Joy FM promises listeners top-class Ghanaian content, Gender gap in access to finance widened to 11% in 2021; BoG committed to closing it, Approval of new Ministers likely to be subjected to secret ballot. 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. Therefore, the applicable withholding tax rate is 15%. In practice, therefore there is the need for NGOs to ensure the office of the Minister for Finance is also involved in the process of negotiating contracts with the other relevant Ministry, so that the exemptions concluded can be gazetted. To be on the safe side, do your due diligence and research extensively. b. A relief is an allowance given to a resident individual to reduce his or her tax burden. f.Establishment of Charity Commission, The Corporate governance in the Charity industry in Ghana appears not to be robust enough to build trust that assures all and sundry that assets of these organisations are safeguarded. Redempta Maira is a Senior Manager, Tax Services at PwC. Condition of Use From time to time, the GRA may initiate a company audit. Copyright 2016, All Rights Reserved. A number of goods and services are exempt from VAT under the VAT Act, 2013 (Act 870) law (S. 15 Section 35/ Schedule 1). Careers This article is written by Amrita Basu, a student of New Law College, Bharati Vidyapeeth (Deemed) University, Pune. Section 97 of Act 896 covers the approval process of a religious organisation. The unreported (untaxed) income of the pastor can be derived as follows: 100,000+50,000+Undisclosed Income=500,000+100,000. All companies are required to file their monthly and annual tax returns. This combination undermines the growth of domestic revenues. In addition to all these, what has been made taxable are the kind of anonymous donations made by any organization or institutions or individual to a charitable organization at a rate of 30%. List of Grant Funding for Individuals & Grants for NGOs. Therefore, if we create a robust system where evidence of donations serves as a basis for deduction by individuals, it could make traceability of religious organisations income easier. 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. Non-resident individuals pay taxes at the flat rate of 25%. Should you have any comments, you may send it by email, [email protected]. The church is required to withhold tax of US$30 on payments to the supplier and pay same to the Ghana Revenue Authority. David Cameron has hosted "an all-out assault" on corruption . While the closure of businesses may appear draconian, not to mention the employment effects, some lessons should come out of it. Jesus responded Render unto Caesar the things that are Caesar's, and unto God the things that are God's. The survey also re-classified taxpayers by employer and the results were fairly predictable. This is because shares confers beneficial interest in a company to only identifiable members. Annual income tax rates (Effective January 2022) , Monthly income tax rates (Effective January 2022) . The net amount due to the School is US$1,700. Some paid up, some negotiated to settle years of overdue taxes to avoid the dishonour of business closure. The implication of the above definition was that, for any religious organisation to qualify for exemption, it should not only be described on paper as such, it must also act pari passu. After the investigation, the facts will speak for themselves. The supply of educational services at any level by an educational establishment approved by the Minister for Education. e.The photography services constitutes services. Many have argued that NGOs are not to pay any form of taxes at all since they are engaged in humanitarian services which earns no taxable income. What is the procedure for compulsory registration of a permanent establishment business in Ghana? Annual income tax rates (Effective January 2022) Find below, Monthly income tax rates (Effective January 2022) Find below. 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). An expense that is of a capital nature includes an expense that secures a benefit that lasts for more than twelve (12) months. For many in the latter category, the life style indicator of the proprietors suggests higher ability to pay. First and foremost, despite the provisions of the tax law, the question that needs answering is: whether or not it is legal for a religious organisation to engage in business for the purpose of making profit for which the tax law envisages taxing same? Second, if taxation is based on the benefit principle, that is, individuals must pay taxes according to their measure of benefits, then the evidence is that it is largely those employed in the public sector, in mining, and the financial sector, in that order, who see any benefits from paying taxes. More likely, it is their employers that may be at fault. NGOs are organizations that are independent of any government and help to promote economic growth, human rights and social progress. Similar sentiments has been expressed by his Excellency, President Nana Addo Dankwa Akufo-Addo. Procedures for registering a company limited by guarantee (Not-for-profit / NGO). All data are based on 700 salary surveys. The annual turnover figure must correspond with the companys sales book and bank statement sales deposits. Civil engineering public works. Taxes in Ghana at a glance, but obsolete. About 55 of every 100 people who worked in industries either earned below taxable income or their employers failed to recognize their earnings as taxable. As well as paying tax in Namibia, you might also still be eligible to pay some . 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 name was changed in 2007 to Sports and Youth Development Organization Ghana. So why the fuss about taxation of NGOs? The withheld tax must be paid to the Ghana Revenue Authority within 15 days following the month to which the payment relates. Am Looking for a Sponsor. After you are registered as an NGO, you can apply for tax exemption through your country's revenue agency. This is in compliance with Section 124 of Act 896. If an NGO, a Section 8 organisation, or a charitable trust wishes for their donations to be excluded from income tax liability, they can apply for registration under Section 12 A. Tax and duty can be waived on goods imported for a charitable purpose, or for use in a not-for-profit enterprise. 35AC of the Act if an NGO gets registered the central government approves of the scientific research programs/projects to be carried out by such organization. The more senior the job within the NGO, the higher the wages will be. An NGO is an exempt organization under the Act. The operational NGOs, which primary concern is to develop projects and the advocacy NGOs whose major goal is to promote a cause. The Ministry of Finance and Economic Planning is responsible for overseeing the GRA. 501 (c) (3) charitable nonprofit organizations typically are exempt from paying income and property taxes and donations to their work are deductible on federal and most state tax returns. The Income Tax Act, Chapter 340, Section 2(f) provides guidance on the types of economic activities that exempt organizations may engage in without becoming liable for . It enforces the provisions of the tax acts and serves as the first arbiter between parties in the event of a dispute. Failure to withhold taxes is an infringement of the law which exposes the organisation to penalties and interest surcharges. So if anybody is sitting somewhere thinking that you can pocket an NGOs money, spend it and marry more wives, try it, she cautioned. Treatment of an Honorarium as Employment Income. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Firmus Advisory is the Number One Business Consultancy in Ghana, 2022 All rights reserved by Firmus Advisory. 2. This has come to strengthen my position.Thanks, Jonathan Casely Wiredu (FMVA,MSc,BCom,HND). Adjacent. And it is widely believed that those who must enforce compliance are not without blame. An NGO doesn't have to pay tax just by . I say so because, how many of our religious organisations file their annual returns with the Registrar of Companies? By necessary implication, the route for undertaking religious organisations in Ghana may be by a Company Limited by Guarantee under the Companies Act, 1963, Act 179, or by a Trust registered under Trustees (Incorporation) Act, 1962, Act 106 with no particular individual(s) being ultimate beneficiary(ies). Address description of the subscriber. 2. No. They also have registered the Department of Social Development with National NGO Certificates of Recognitions with nos Reg. The commitment to paying taxes is low. (All goods and services exempt from VAT are also exempt from the NHIL and GETFund). Specifically; The Excise Tax Stamp is a specially designed stamp with digital and other security features which is affixed on excisable goods to show that taxes and duties have been paid or would be paid. Nice Article. Lastly, the income that is being exempted should not confer private benefit. Donation exceeding higher of: i) 5% of total donations received by trust or ii) Rs 1,00,000. Residents are subject to tax at rates ranging between 0% and 30% on the following annual graduated scale of income: The poverty rate is estimated to have slightly increased from 25 percent in 2019 to 25.5 percent in 2020. The Golden Opportunity Organization Ltd. is situated in Accra, Ghana. In Tanzania, NGOs can apply to be recognised as charitable organisations, subject to written applications filed with the Commissioner of TRA. The Department of Social Development under the Ministry of Gender, Children and Social Protection does not have the power and legal backing to deal with these pertinent issues. However, if an NGO working for women empowerment earns profit by selling off the handicrafts made by the women employed by them shall not be made taxable. By industry, the percentage of employees who had taxes deducted from their pay at source ranged from 92% of those in the mining sector to 25%t of those in the construction industry. Tax In Namibia. operation of commercial transport. PwC refers to the PwC network and/or one or more of its member firms, each of which is a separate legal entity. Please feel free to contact us for your Customs classifications and validation, Copyright Notice The answer is simple: insofar as a religious organisation satisfies the above 2 conditions, they must register and comply with the VAT Act, 2013, Act 870 (as amended) and its Related Regulations. The evidence is scanty. The TCCs serve as tax credits towards annual tax payable. The Revenue Administration Act, 2016, Act 915, gives the CG several powers to enable him enforce the law. In the case of Mould v. De Vine, Jiagge S. (as she then was) wrote, There was no alternative remedy available to the applicant. The CG is appointed by the President in compliance with section 13(1) of the Ghana Revenue Authority Act, 2009, Act 791. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Congratulations! A tax auditor must assess whether the annual income of the pastor is enough to fund the investments he made during the year after allowing for consumption expenditure, other capital expenditure incurred and savings he might have made in the course of the year. Hips Charity Organisation Education is situated in Accra, Ghana. Ghana has so many NGOs operating in different dimensions and areas of the country. c.The rental of premises for commercial purpose is considered as rent. To fund development, especially public infrastructure, with any stamp of country ownership and unburdened by donor conditionalities, requires that Ghana strengthens its ability to raise domestic tax revenue; however small. Tennis legend Roger Federer is the number five highest-earning athlete in 2015. Consumer and industrial products and services. This exemption excludes professional services such as architectural or surveying (i.e. Do your tax with TaxTim and WIN R10,000 T&C's apply. : 2021/01 ("the Circular") providing guidelines on the taxation of incomes of Non-Governmental Organisations (NGOs) and other statutory obligations on their operations and activities.This is pursuant to the relevant provisions of the Companies Income Tax (CIT) Act Cap. Income Tax Exemptions are the amounts that are reduced or removed from Income amounts because they are exempt from taxation. A deduction shall be disallowed for an expense that is of a capital nature. same must be subjected to withholding taxes. The official fee for registering a company limited by guarantee with the Department of Social Welfare is 1,200 for local NGOs and $1,200 for foreign NGOs who have their branches registered in Ghana. Privacy Policy If the business concerned is one that falls within the purview of the educational business carried out by an educational institution of a public character, then the income from that business will qualify for exemption from tax.. Unlike before, all companies limited by guarantee were excluded from Corporate Taxes and Value Added Tax (VAT). The survey also re-classified taxpayers by employer and the results were fairly predictable. However, contemporary rates are depending on the nature of business carried out by an entity, the location of the business and the specific industry in which it operates. From the foregoing, the total amount payable to the Ghana Revenue Authority is US$610. My understanding of Jesus statement Render unto Caesar that which is Caesar's" is that it unambiguously commands people to respect state authority and to pay the taxes it demands of them. The following incomes are subject to withholding tax at the rates specified in the table below; Interest (excluding individuals and resident financial institutions), Fees to resident individuals as invigilators, examiners and part-time teachers or lecturers, and endorsement fees to individuals, Fees or allowances to directors, managers, board members and trustees who are resident individuals, Commission to insurance, sales, canvassing and lotto agents who are individuals, Supply of services by an entity exceeding GH2,000 per annum, Supply of general services by an individual, Supply of goods exceeding GH2,000 per annum, Supply of works exceeding GH2,000 per annum, Payments for unprocessed precious minerals, Royalties, natural resources payments and rents, Income from telecommunication and transportation business. The tax withheld must be filed and payment made by the 15, NGO as a Corporate Shareholder of a Company Limited by Shares, Annual General Meetings for Company Limited by Guarantee, A complete annual returns form from Registrar Generals Department. Ms Chisanga was commenting on government's decision to issue statutory instrument 103 suspending tax exemption facility for NGOs. The payment relates of companies any comments, you may send it by email, kwasi.nyantakyi.owiredu gmail.com. Develop projects and the results were fairly predictable PNG is taxable in the same manner as voluntary (! Well as paying tax in Namibia, you might also still be eligible to pay and/or... Her tax burden local while others are International NGOs of business closure (! Amrita Basu, a student of New law College, Bharati Vidyapeeth ( Deemed University... The first arbiter between parties in the event of a dispute ; an all-out &! Services exempt from the NHIL and GETFund ) to a resident individual to his! 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