An individual’s liability to income tax in Ghana is determined by his/her residency status Income tax is levied at progressive rates on an individual’s taxable income for the year.
Resident individuals are taxed on their global income, irrespective of source. Non-resident individuals are taxed on incomes that have sources in Ghana.
An individual’s assessable income that is subject to tax will be dependent on the residency status;
According to the Income Tax Act 2015 (Act 896) there is no threshold/minimum number of days that exempts the employee from the requirements to file tax returns and pay tax in Ghana.
All earnings, whether in cash or in the form of a benefit-in-kind, made by an employer to an employee are taxable unless specifically exempted in accordance with the Ghana tax laws.
For Residential Employees
|Chargeable Income||Rate Applicable|
Tax rates for Non-resident Employees
Non-residents are subject to tax on their employment income at a flat rate of 20%.
Every employer under the National Pensions Act 2008, (Act 766), is required to pay eighteen and half percent (18.5%) of the basic salary of every employee to a mandatory Social Security scheme on or before the 14th day of the month following the month in which the deductions are made. The eighteen and half percent (18.5%) is made up of thirteen percent (13%) from the employer and five and half percent (5.5%) from the employee. These contributions are further divided into payment to Social Security and National Insurance Scheme (SSNIT) – “Tier 1” Scheme and the “Tier 2” Scheme. The thirteen and half percent (13.5%) of the contributions is remitted to SSNIT, which ultimately retains eleven percent (11%) and remits two and half (2.5%) to the National Health Insurance Authority as National Health Insurance Levy. The remaining five percent (5%) is remitted to the Tier 2 which is privately managed by a Fund Manager.
Additionally, the law makes provision for a further voluntary contribution by either the employer or the employee alone or both up to a maximum of sixteen and half percent (16.5%) of the basic salary of the employee to a “Tier 3” Scheme. The total of all these contributions (35% of the employees’ base pay – both the mandatory and voluntary contributions) are allowed for tax deduction purposes in the hands of both the employees and employers.
Failure to comply will expose the Company to a penalty of 3 percent of the contribution unpaid together with the contribution, for each month of default.
As required by law, employers are required to contribute to both the Tiers 1 and 2 for all employees.
Notwithstanding the above, the National Pensions Regulatory Authority (NPRA) has specified that expatriates who can demonstrate that they are already contributing to social security scheme in their home countries and will be on assignment for less than 36 months in Ghana have the opportunity to apply to the regulatory body for an exemption from contributing to the scheme in Ghana. Though they are yet to specify the documents to be attached to the application, the following documents may be relevant.
An employer shall, not later than the 30th of April following the end of every year of assessment, furnish a return on the total assessable income derived by each employee from the employment.
Where amounts withheld during the year are insufficient to meet the employee’s tax liability, the employer is required to withhold and pay within fifteen days after the year of assessment, that is, by 15th January of each year, the correct taxes arising from the employment of a person.
Employment income is subject to tax and social security withholding under the PAYE system. If an individual is taxable on employment income, the obligation to withhold rests with either the employer or, if the employer is not operating withholding, it rests with the “host” employer.
|N. Double Tax Treaties|
|Country||Dividends||Interests||Royalties||Management Fees and Tech. Fees|
|United Kingdom||7.5^ / 15^^||12.5||12.5||10|
|France||5* / 7.5** / 15^^||10* / 12.5**||10* / 12.5**||10|
|Netherland||5^ / 10^^||8||8||8|
|Germany||5^ / 15^^||10||8||8|
|Italy||5^ / 15^^||10||10||10|
|South AFrica||5^ / 15^^||5# / 10^^||10||10|
|Belgium||5^ / 10^^||10||10||10|
|Swiss Confederation||5^ / 15^^||10||8||8|
* If the company paying the Dividend, Interest or Royalty is a resident of France
** If the company paying the Dividend, Interest or Royalty is a resident of Ghana
^ If the beneficial owner is a company which holds directly at least 10% of the capital of the company paying the dividend
^^ In all other cases
# If the Interest is derived by a Bank which is a resident of the other contracting state
∞ If the beneficial owner is the other contracting state or the central bank of the other state or any national agency or any agency (including a financial institution owned or controlled by the government of that other state.
α If the beneficial owner is a pension fund or other similar institution providing pension or other similar institutions where it is established and recognised for tax purposes in accordance with the law of that other state
By virtue of Act 896 and the Non-discrimination clause under the Double Taxation Treaties, where the tax rates above exceed the general tax rate under “Payments to Non-Residents” the general tax rate applies.
A foreign permanent establishment means a fixed place of business of a resident person situated in a foreign country where the business is conducted continuously for at least six months, but excludes any place at which only activities of a preparatory or auxiliary nature are conducted;
A Ghanaian permanent establishment includes
The provision of goods and services in Ghana, are liable to the Value Added Tax (VAT)/National Health Insurance Levy (NHIL) of 17.5%, however, there are situations where certain tax payers are waived from paying this tax. In that situation, the tax payer who has been granted such waiver would be issued with VAT Relief Purchase Order (VPROs), which constitutes a waiver of the VAT/NHIL.
The coming into effect of Value Added Tax (Amendment) Act, 2017 (Act 948) with gazette notification on 7 April 2017 has introduced a 3% VAT Flat Rate Scheme on taxable supply for wholesalers and retailers.
In Ghana, transfer pricing implications could arise when an employee is being paid by an entity in one jurisdiction but performing services for the benefit of an entity in another jurisdiction; in other words, a cross-border benefit is being provided. This will also be dependent on the nature and complexity of the services performed.
Transfer pricing is used to shift tax liabilities among associated persons to obtain the best overall tax outcome. The Transfer Pricing Regulations, 2012 (LI 2188) empowers the Commissioner to distribute, apportion, or allocate any income, deductions, or credits between associated persons so as to reflect the chargeable income the persons would have realised in an arm’s length transaction.
The following are the requirements for work permit as per the Ghanaian laws:
Work permits must be renewed yearly.
© 2018 KPMG a partnerships established under Ghanaian law and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved.