Value Added Tax (Amendment) (No. 2) Act, 2017 (Act 954)

This section amends section 5 of Act 870 by deleting the words "lotteries and" from paragraph (d) of subsection (2).

Jurisdiction: Ghana
Instrument: Act or statute
Citation: Act 954
Version: Undated source snapshot
Language: en
Official source: View official record ↗

place of supply returns tax administration tax payment taxable supplies telecommunications value added tax withholding withholding VAT

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This section amends section 5 of Act 870 by deleting the words "lotteries and" from paragraph (d) of subsection (2). For certain telecommunications services, the place of supply is tied to where the relevant facility or instrument is ordinarily situated, or where the effective use and enjoyment occurs. The Commissioner-General may appoint a VAT withholding agent in writing, and that agent must withhold 7% from certain VAT payments and issue a credit certificate at payment time. This section amends Section 48 by adding a condition for certain supplies made in Ghana: the taxable person must possess a Withholding Value Added Tax Credit Certificate issued under the Act. A Value Added Tax Withholding Agent must file prescribed returns and pay the withheld amount to the Commissioner-General by the 15th day of the following month.

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Provisions of Value Added Tax (Amendment) (No. 2) Act, 2017 (Act 954)

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1
Section 5 of Act 870 amended
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This section amends section 5 of Act 870 by deleting the words "lotteries and" from paragraph (d) of subsection (2).

Section 1—Section 5 of Act 870 amended The Value Added Tax Act, 2013 (Act 870), referred to in this Act as the "principal enactment", is amended in paragraph (d) of subsection (2) of section 5 by the deletion of "lotteries and".
2
Section 42 of Act 870 amended
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For certain telecommunications services, the place of supply is tied to where the relevant facility or instrument is ordinarily situated, or where the effective use and enjoyment occurs.

Section 2—Section 42 of Act 870 amended Section 42 of the principal enactment is amended by the deletion of subsection (11) and the insertion of "(11) In the case of telecommunications service described in paragraph (b) of subsection (2) of section 16, the place of supply is (a) the place where the facility or instrument for the emission, transmission or reception of the service in respect of which the invoice for the supply is issued or is to be issued, is ordinarily situated; or (b) the place where the effective use and enjoyment occurs".
3
Sections 47A and 47B inserted
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The Commissioner-General may appoint a VAT withholding agent in writing, and that agent must withhold 7% from certain VAT payments and issue a credit certificate at payment time.

Section 3—Sections 47A and 47B inserted The principal enactment is amended by the insertion after section 47 of 47A. "Appointment of Value Added Tax Withholding Agent 3 The Commissioner-General may in writing appoint a Value Added Tax Withholding Agent for the Authority. 47B. Duties of a Value Added Tax Withholding Agent A Value Added Tax Withholding Agent shall (a) withhold from the payment to a registered Value Added Tax trader, seven percent of the taxable output value of standard rated supplies; and (b) at the time of making payment for the standard rated supplies, issue a Withholding Value Added Tax Credit Certificate in the form prescribed by the Commissioner-General to the supplier. 47C. Scope of Value Added Tax Withholding Agent The scope of a Value Added Tax Withholding Agent shall include (a) Value Added Tax registered entities whose supplies are zero-rated; and (b) selected Government and other Value Added Tax registered entities.".
4
Section 48 of Act 870 amended
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This section amends Section 48 by adding a condition for certain supplies made in Ghana: the taxable person must possess a Withholding Value Added Tax Credit Certificate issued under the Act.

Section 4—Section 48 of Act 870 amended Section 48 of the principal enactment is amended by (a) the insertion after subparagraph (iii) of paragraph (a) of subsection (1) of "(iv) in respect of supplies made in Ghana, the taxable person is in possession of a Withholding Value Added Tax Credit Certificate issued under this Act; and (b) the renumbering of subparagraph (iv) of paragraph (a) of subsection (1) as (v).".
5
Section 52 of Act 870 amended
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A Value Added Tax Withholding Agent must file prescribed returns and pay the withheld amount to the Commissioner-General by the 15th day of the following month.

Section 5—Section 52 of Act 870 amended Section 52 of the principal enactment is amended by the addition of subsection (9) "(9) Despite subsections (4) and (5), a Value Added Tax Withholding Agent shall, not later than the 15th day of the month immediately following the month to which the returns relate, (a) submit to the Commissioner-General returns relating to the Value Added tax withheld under section 47B for each period in accordance with the prescribed form; and (b) pay the amount withheld for each period to the Commissioner-General.".
6
First Schedule to Act 870 amended
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The First Schedule is amended to add a new paragraph about a stake in the National Lotto organised by the National Lottery Authority.

Section 6—First Schedule to Act 870 amended The First Schedule to the principal enactment is amended by the addition of the following new paragraph: "24. (1) A stake in the National Lotto organised by the National Lottery Authority. (2) For purposes of this paragraph, "National Lotto" has the meaning assigned in section 56 of the National Lotto Act, 2006 (Act 722).". Date of Gazette Notification: 29th December, 2017.

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Value Added Tax (Amendment) (No. 2) Act, 2017 (Act 954)

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Provisions of Value Added Tax (Amendment) (No. 2) Act, 2017 (Act 954)

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