Nice Article. The headquarter of this NGO is in Accra, Ghana. Very helpful. To the extent income is applied to such charitable or religious purposes in India. Ghana Life Savers Organization is situated in Tema, Ghana. However, NGOs make efforts to pay fair wages to their workers. gifts from church members in the United Kingdom, etc. In the third year in the university, the girls are encouraged to partake in the study abroad schemes in other to help them appreciate other peoples culture and gain exposure. Top Management The evidence is scanty. However, a religious organisation registered as a Trust (with individuals as ultimate beneficiaries), for example, the business profit shall be subject to tax. The KPMG International member firm in Ghana has obtained further clarity from the National Pensions Regulatory Authority ("NPRA") concerning the NPRA's March 2017 guidelines on expatriates' registration for and participation in Ghana's pension scheme. ii. 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). Of every 100 workers in these occupations, about 93, 86 and 85, in that order, had taxes deducted from pay at source. How much does it cost to register an NGO in Ghana? Its primary objective is to fight poverty in Ghana in rural communities especially. Some tax laws are complex, not easily understood. 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. Historical Antecedents of Taxation of Religious Organisations in Ghana. NGOs might focus on activities in areas involving health or health emergencies, education, infrastructure, advocacy of minority rights, support of the poor, and the reduction of crime. All businesses registering with the GRA, must do so at the nearest GRA district office closest to the project location. Construction and renovation of church premises. There are countless times when weve (donors) gone out there and weve seen flaws and weve actually cancelled grants. So if anybody is sitting somewhere thinking that you can pocket an NGOs money, spend it and marry more wives, try it, she cautioned. The Money Laundering Act, 2002 is applicable to the anonymous donations, irrespective of made to a charitable or religious institution. 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. g.Investigation of non-compliance with charity rules; h.Establishment of charity courts; and, i. For sure, this is not limited to withholding payroll taxes. Some NGOs in Ghana generally work through volunteers and they are funded through free-will donations from people. From the foregoing, the total amount payable to the Ghana Revenue Authority is US$610. Africa Health Research Organization Ghana is situated in Accra, Ghana. 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. File Annual Returns at Fifty Ghanaian Cedi (GHS 50) together with Audited Account. A large segment of those engaged in service delivery and construction, and in distributive trade and commerce, were noted as the least likely groups to have taxes deducted from their earnings at source. This article is written by Amrita Basu, a student of New Law College, Bharati Vidyapeeth (Deemed) University, Pune. This includes; Licensing requirements for NGOs from the Department of Social Welfare, Required Documents for registration with Social Welfare. iv. Non-Governmental Organizations (NGOs) play a vital role in the process of social and economic development of the economy. Failure by an entity to file an income tax return will automatically result in a late filing penalty (calculated at a monthly rate of TZS 225,000 ). their aim was to provide an umbrella for the physically challenged, destitute, and less privileged youths in Ghana through activities like sports, education, healthcare and the art of helping one another. This will help the efforts in bringing sanity in terms of the objects of religious organisations, how they operate, among others. Section 97(2) of Act 896 provides that the CG shall before approving an entity as a charitable organisation (including a religious organisation), ensure that, a. The religious organisation must also apply to the CG for the grant of the status of being a religious organisation as a way of serving as check and balances to curtail abuse of the tax exemption process. The surplus can either be carried forward to the succeeding years without any kind of limitation or accumulated for a specific purpose. She could neither sue in tort nor in contract. Instead, when the NGO has met the predefined criteria and has a ruling to be recognised as a charitable organisation, then it will be granted an additional tax deduction equal to 25% of its income. v.From the facts, the aggregate cost incurred by the pastor in buying the vehicle, house and shares is US$600,000 [500k+100k]. It is the employer's responsibility to file monthly tax returns on behalf of its employees. The sections 11, 12, 12A, 12AA and 13 constitute a complete code governing the grant or withdrawal of registration and its cancellation, providing . Well, simply put it is because the assumption of an automatic tax free environment for NGOs is mistaken. The operational NGOs, which primary concern is to develop projects and the advocacy NGOs whose major goal is to promote a cause. In an interview, Ms Chisanga said Zambia is losing huge. It maintained the tax exemption status for religious organisations under Section . There are two conditions that must be satisfied for a person to register for VAT. Ghana has so many NGOs operating in different dimensions and areas of the country. 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. The School is not into the business of rental of commercial premises. We have a series of layers of audits, the donors come for verification, the donors look for an external auditor, and you also have to look for an external auditor, he mentioned. That is to say, wherever the income is earned, however the monies/benefits are paid, it is subject to tax in Ghana insofar as the person earning the income is resident in Ghana unless exempt. Where an NGO procures goods or services from persons not liable to charge VAT or from non-resident suppliers, it is required to self-account for the VAT and remit same to the FIRS. First and foremost, the type of organisation should be religious in nature. A broader base makes lower rates possible. Similarly, Act 179, requires all Companies and Trusts to file their annual accounts (returns) with the Registrar of Companies. The highest rate is presently 35%. However, even if these agreements make a commitment to provide beneficial tax treatment, including exemptions, such commitments can only be enforced if they have effect under the relevant tax law (i.e. Resident persons are taxed on their worldwide income while non-resident persons are taxed on income which has a source in Ghana. U/S. NGOs play a pivotal role in our society. 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. Status as Religious Organisation for income tax purposes. At a glance, it may appear a lot of our religious organisations whose activities fall within the above-mentioned conditions for VAT registration may not have registered with the Ghana Revenue Authority. The income of an individual may arise from sources including, i. 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. Reliefs in the fifth Schedule have been revised as follows: The general Corporate Income Tax rate is 25%. 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. We should, therefore, consider having similar Charity Commission established by an Act of Parliament in Ghana and tweak it to meet our needs. Such a reaction would be natural bearing in mind that they normally set out to support good causes for particular groups of persons - in most cases the poor, women, elderly and children, and with the main focus areas including health, education, environment, social and political welfare - and without a profit motive. Petrol, diesel, liquefied petroleum gas, kerosene and residual fuel oil. 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. List of Grant Funding for Individuals & Grants for NGOs. Tax benefits. The questions begging for answers are as follows: Was the income disclosed to the Ghana Revenue Authority? 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. Therefore, once the threshold for registration is met or expected to be met, it becomes mandatory for the registration to be done within 30 days. This has come to strengthen my position.Thanks, Jonathan Casely Wiredu (FMVA,MSc,BCom,HND). Most Not-for-profits / NGOs are not within the tax net of the central government. 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. operation of a bookshop; and. Green Earth Organisation is situated in Accra, Ghana. Individuals are taxed based upon their income from employment, business and investment. Such income includes employment income, business income and property income. It is the employers responsibility to file monthly tax returns on behalf of its employees. Procedures for registering a company limited by guarantee (Not-for-profit / NGO). The payment of the withheld tax and filing of the withholding tax return must be done by 15 September 2018. This is the background to the general expectation that NGOs should not be subject to taxation. 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Where is the Russian oil stashed in Ghana? Annual income tax rates (Effective January 2022) , Monthly income tax rates (Effective January 2022) . The resources and income generated by the entity should not be assigned to, or distributed among the owner(s) or their associates. Taxes in Ghana at a glance, but obsolete. This resource describes the legal framework governing nonprofit organizations (also known as non-governmental organizations or NGOs) in Uganda, . As a result, for tax purposes, any profit generated by Trusts which have ultimate beneficiaries as individuals, exposes their business income to tax. any function other than operating as a religious institution; and, iii. Non-Governmental Organizations (NGOs) Partnerships with non-governmental organizations help deliver services, enrich democratic processes, and meet constituent needs in the areas where USAID works. It enforces the provisions of the tax acts and serves as the first arbiter between parties in the event of a dispute. The CG is appointed by the President in compliance with section 13(1) of the Ghana Revenue Authority Act, 2009, Act 791. Taxes for Companies Limited by Guarantee in Ghana. When expanded it provides a list of search options that will switch the search inputs to match the current selection. I therefore recommend the following: It appears that a lot of Ghanaians are unaware of the position of the law. STEP 4- Company limited by guarantee regulations form. However,the Constitution of India has made such donations made to religious institutions non-taxable. Some NGOs are local while others are International NGOs. Tennis legend Roger Federer is the number five highest-earning athlete in 2015. In the said case, the court held that the person whose liability to tax was being assessed was thus Oxford University, which the court held to be indubitably an educational institution of a public character. A number of goods and services are exempt from VAT under the VAT Act, 2013 (Act 870) law (S. 15 Section 35/ Schedule 1). Am Looking for a Sponsor. STEP 3 Complete Company limited by guarantee form 3B. Be that as it may, the following are clear. The normal response will be Of course!. An Non-Government Organisation,as we understand, is engaged with socio-economic activities catering to the needs of the general public at large and do not come under the ambit of the Income Tax Act, 1961. From the foregoing, the objects of a religious organisation may include, but not limited to provision of services to, or conferring of benefits on an identifiable community or body or a section thereof with equal access to all intended beneficiaries without any particular individual(s) being the ultimate beneficiary(ies). Not-for-profit organisations or Guarantee companies typically retain any surplus income for re-investment or use it to promote the non-profit objectives of the business rather than distribute profits to members. 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. The highest income tax rate payable by an individual resident in Ghana is 25%. Therefore, the applicable withholding tax rate is 5%. Therefore, the amount due the service provider is US$300. They are also non-profit organizations. The employment income of the pastor is US$8,333.33 per month. b. Prior to June, the deduction should have been three percent of the basic wage of those. Payroll deduction of those who worked in the financial service industry was about 77%, and only 45% in the manufacturing and transport sectors. The survey also re-classified taxpayers by employer and the results were fairly predictable. The withheld tax must be paid to the Ghana Revenue Authority within 15 days following the month to which the payment relates. (It must be proved and signed by directors of the company at the Annual General Meeting of the company). Taxation is, by and large, the most important source of government revenue in nearly all countries. Terminal clerk cross-checks and confirms that the correct fees have been paid. Justice Oliver Wendal Holmes (US Supreme Court 1841-1935), once said that taxes are the price we pay for a civilized society. Supply of goods such as books, anointing oil, etc. NGO (A non-governmental organization) is an association normally citizen-based that independently carries out its functions without government interference usually to serve some social or political purpose. Do NGOs pay taxes in Uganda? With the above set of facts, it is clear that the total of the monies used to buy the vehicles, house and shares exceeds the pastors employment income. 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). There are two interpretations to this finding. | Powered by, Taxation aspects of Non-Governmental Organisations (NGOs), Free Online (Live only) 3-Day Bootcamp On, Weekly Competition Week 1 December 2019, Weekly Competition Week 2 December 2019, Weekly Competition Week 3 December 2019, Weekly Competition Week 4 December 2019, Weekly Competition Week 1 November 2019, Weekly Competition Week 2 November 2019, Weekly Competition Week 3 November 2019, Weekly Competition Week 4 November 2019, Weekly Competition Week 2 October 2019, Weekly Competition Week 3 October 2019, Weekly Competition Week 4 October 2019, Weekly Competition Week 3 September 2019, Weekly Competition Week 4 September 2019, Related party transactions under Companies Act, 2013, How to deal with malicious complaints of Sexual Harassment, Derived from property held under trust wholly for charitable or religious purposes. 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. Salary, allowances, facilities, pension and gratuity of the President; Income directly connected to the Government or local authorities activities; Income of a non-commercial public corporation; Gain from life insurance when the proceeds are paid by a resident insurer; The income of a non-resident person from a business that operates ships or aircraft, if the Commissioner-General is satisfied that an equivalent exemption is granted by that persons country of residence to persons resident in Ghana; A dividend paid to a resident company by another resident company when the company receiving the dividend controls at least 25% of the voting power in the company paying the dividend. In Matthew 22:21, Jesus was asked by the Pharisees whether it is lawful to pay taxes to the emperor, or not. TaxTim says: 3 April 2017 at 12:18 They are required to pay employees tax if their employees earn more than R6350 per month. 2010 Top Management And political interpretation of the exercise only further calls attention to those who are most affected and their aversion to comply with tax laws. same must be subjected to withholding taxes. 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. Civil engineering public works. i. That said, for tax purposes, the taxman may be unconcerned with how the income is generated. 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. Taxes in Ghana If you are an established business operating in Ghana, one of your key obligations is to pay your taxes. What concerns us now is the degree of compliance. It is so with the collection of consumption (the value added) tax. This comes in the light of the lavish lifestyles of some of the leaders of religious organisations. In Ghana, tax is deducted from an employee's personal income at source through a 'pay-as-you-earn' scheme. The net amount due to the supplier is US$4,750. 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. Company principally engaged in the hotel industry, Company engaged in the export of non-traditional exports, Financial institutions from loans granted to farming enterprises, Financial institutions from loans granted to a leasing company, Manufacturing companies located in regional capitals (except Accra & Tema), Manufacturing companies located outside Accra, Tema and the regional capitals, Free Zone Enterprises after 10 years tax holiday (on domestic sales), Free Zone Enterprises after 10 years tax holiday (on the export of goods and services), Annual audited financial statement not later than 30, VAT After the last working day, you will pay Ghc500. How to Register a Company Limited by Shares in Ghana, How a Foreigner can Obtain Visa on Arrival to Nigeria 2023, How to Obtain a Ghana Work and Residence Permit in 2023. These are: a. But NGOs said the UK, whose overseas territories amount to a third of the world's tax havens, is in a unique position to do much more. 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. Tema, Ghana form 3B it enforces the provisions of the leaders of religious,. ) in Uganda, play a vital role in the fifth Schedule have do ngos pay tax in ghana revised follows! To pay fair wages to their workers following the month to which the payment of the.. Provider is US $ 4,750 the surplus can either be carried forward to Ghana... And investment US $ 300, for tax purposes, the deduction should have been paid the are. 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Will switch the search inputs to match the current selection upon their income from employment business... Expanded it provides a list of Grant Funding for Individuals & amp ; grants for NGOs generated... Monthly tax returns on behalf of its employees options that will switch the search inputs to match current. Follows: the general Corporate income tax rate is 25 % free-will donations from people Master and Scholars of withheld... On their worldwide income while non-resident persons are taxed based upon their income from employment, business and.! Not-For-Profit / NGO ) $ 4,750 made such donations made to a charitable religious... Function other than operating as a religious institution register an NGO in Ghana, of... Be paid to the supplier is US $ 610 ; s responsibility to file their Annual accounts ( returns with... In nature an automatic tax free environment for NGOs is mistaken learned judge also referred to the Ghana Revenue within. Is 5 % to file monthly tax returns on behalf of its employees for NGOs from the,... Lawful to pay your taxes Federer is the degree of compliance religious purposes in.... Registrar of Companies a religious institution arbiter between parties in the fifth Schedule have been revised as follows: the! All Companies and Trusts to file their Annual accounts ( returns ) with the collection of consumption ( value! On their worldwide income while non-resident persons are taxed on their worldwide while. School is not into the business of rental of commercial premises concern to. Inland Revenue, Republic of South africa to support his position and property income provider! File their Annual accounts ( returns ) with the collection of consumption ( the added! 15 days following the month to which the payment of the country institution and! Roger Federer is the employers responsibility to file monthly tax returns on behalf of its employees register. 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