In this Act, unless the context otherwise requires,
"application to a different use" in relation to goods and services, includes applying the goods or services to personal use or to use by a relative or any other non-business use;
"auctioneer" means a person who is
(a) qualified under the Auction Sales Act, 1989 (P.N.D.C.L. 230) or any other applicable law as an
auctioneer; and
(b) an agent for and on behalf of another person engaged in a taxable activity that pertains to the supply of goods by auction;
"business"
(a) includes
(i) a trade, profession, vocation or isolated arrangement with a business character; and
(ii) a past, present or prospective business; but
(b) excludes an employment;
"cash value" in relation to a supply of goods under a credit agreement, means
(a) where the seller or lessor is a bank or other financial institution, an amount equal to the sum of
(i) the consideration paid by the bank or other financial institution for the goods or the open market value of the supply of the goods to the bank or other financial institution, whichever is the greater; and
(ii) any consideration for the erection, construction, assembly, or installation of the goods borne by the bank or other financial institution; or
(b) where the seller or lessor is a dealer, an amount equal to the sum of
(i) the consideration at which the goods are normally sold by the dealer for cash; and
(ii) any consideration for the erection, construction, assembly, or installation of the goods borne by the dealer;
"Certified Invoicing System" means an electronic invoicing system certified by the Commissioner-General in accordance with this Act;
"charitable organisation" means an entity approved by the Commissioner-General that
(a) is established to operate as
(i) a charitable institution of a public nature;
(ii) a religious institution of a public nature; or
(iii) a body of persons formed for the purpose of promoting social activities; and
(b) has a written constitution that prohibits the entity from
(i) engaging in a political party activity, supporting a political party or using the platform of the entity to engage in party politics;
(ii) any function other than the functions specified in paragraph (a}; and
(iii) conferring a private benefit, other than in pursuit of a function of the entity specified in paragraph (a);
"civil engineering public works" means the construction, maintenance, reconstruction, demolition, repair or renovation of a building, structure, surface or system, including site preparation, excavation, erection, assembly, installation of plant, fixing of equipment, laying out of materials, decoration and finishing, and any incidental service provided in connection with the construction, maintenance, reconstruction, demolition, repair or renovation of a building, structure, surface or system such as schools, roads, dams, bridges, railroads and hospitals, for public use and paid for with public funds;
"commercial rental establishment" means
(a) accommodation in a hotel, motel, inn, boarding house, guesthouse, hostel or similar establishment in which lodging is regularly or normally provided to five or more persons on a daily, weekly, monthly, or other periodic charge;
(b) accommodation in a house, flat, apartment, or room, other than an accommodation in respect of which the provisions of paragraph (a) or (c) of this definition apply
(i) which is regularly or systematically leased or held for lease as residential accommodation for continuous periods of not more than forty-five days in the case of each occupant of the house, flat, apartment or room; or
(ii) which is leased with utilities and furnishings provided by the lessor;
(c) accommodation in a house, flat, apartment, room, caravan, houseboat, tent or caravan or camping site which constitutes an asset, including a leased asset of a business undertaking or a separately identifiable part of a business undertaking carried on by a person who
(i) leases or holds for leasing as residential accommodation, a house, flat, apartment, room, caravan, houseboat, tent or caravan or camping site in the course of the business undertaking; and
(ii) regularly or normally leases or holds for lease as residential accommodation, the house, flat,
apartment, room, caravan, houseboat, tent or caravan or camping site for continuous periods of not more than forty-five days in the case of each occupant;
(d) any other accommodation designated by the Minister by Regulations to be a commercial rental
establishment other than the accommodation specified under paragraphs (e), (I) and (g);
(e) accommodation in a boarding establishment or hostel operated by an employer solely or mainly for the benefit of the employees of that employer or a related person or dependant of that employer, if the establishment or hostel is not operated for the purpose of making profits from the establishment or hostel for the employer or a person related to the employer;
(f) accommodation in a boarding establishment or hostel operated by
(i) a local authority, or
(ii) an educational establishment approved by the Minister responsible for Education otherwise than for the purpose of making profits from the establishment or hostel; or
(g) accommodation in a registered hospital, maternity home, nursing home, or clinic;
"Commissioner-General" means the Commissioner-General appointed under section 13 of the Ghana Revenue Authority Act, 2009 (Act 791);
"company" means a body incorporated under the laws of Ghana or elsewhere, including
(a) a friendly society, building society or similar society;
(b) a pension fund, provident fund, retirement fund, superannuation fund or similar fund; and
(c) a government, a political subdivision of a government or a public international organisation; but does not include a partnership or a trust;
"consideration," in relation to a supply of goods or services and an import of services,
(a) includes
(i) the total amount in money or in kind paid or payable for the supply by any person, directly or indirectly; and
(ii) duties, levies, fees and charges paid or payable on, or by reason of the supply or import of services, other than the Tax; and
(b) excludes
(i) a deposit other than a deposit on a returnable container; and
(ii) any discount or rebate allowed and accounted for at the time of the supply or import of services;
"conveyance" means a ship, an aircraft or a vehicle;
"credit agreement" means a hire purchase agreement or a finance lease;
"currency point" means one Ghana Cedi;
"customs value" has the meaning assigned to it in sections 67 and 68 of the Customs Act, 2015 (Act 891);
"day" means a calendar day, except as otherwise provided;
"deductible input tax" has the meaning assigned to it in section 49;
"digital service" includes
(a) social networking;
(b) cloud services;
(c) video or audio streaming;
(d) digital marketplace operations;
(e) online advertisement services;
(f) distance maintenance of programmes or equipment;
(g) a supply of software or software updates;
(h) virtual asset management services; and
(i) digital asset management services;
"dwelling" means a building, premises, structure, place or any part of the building, premises, structure or place which is
(a) not a commercial rental establishment; and
(b) used predominantly as a place of residence or abode of a natural person or is intended for use as a place of residence or abode of a natural person, together with any appurtenances belonging to the place and enjoyed with the place;
"education services" means the services supplied to pupils or students as part of the education programme provided by any one of the following establishments that is duly registered or licensed by the Minister responsible for Education:
(a) a day care provider, including an adult day care provider;
(b) a pre-primary, primary, or secondary school;
(c) a technical college, community college or university;
(d) an educational institution established for the promotion of adult education, vocational training or technical education; or
(e) an institution established for the education or training of physically or mentally challenged persons;
"employment" means a contract of service, whether express or implied and where express, whether in writing or oral, including
(a) the position of an individual in the employment of another person; or
(b) the holding of or acting in any office or position entitling the holder to a fixed ascertainable remuneration other than an office or a position as a director of a company or a manager of a body of persons or as a partner in a partnership;
"entity" means a company, partnership or trust, but does not include an individual;
"estate developer" means a commercial establishment or an individual engaged in the business of construction or renovation and supply of immovable property;
"exempt import" has the meaning assigned to it in section 37;
"exempt supply" means a supply of goods or services to which section 35 applies;
"export country", as used in the Second Schedule, includes a country other than Ghana and any place which is not situated in the country;
"exports from this country," in relation to any movable goods, means goods supplied by a registered person under a sale or a credit agreement, subject to the definition for "export country"
(a) consigned or delivered by the registered person to the recipient at an address in an export country as evidenced by documentary proof acceptable to the Commissioner-General; or
(b) delivered by the registered person to the owner or charterer of a foreign-going aircraft or foreign-going vessel when the aircraft or vessel is going to a destination in an export country and the goods are for use or consumption in the aircraft or vessel;
"finance lease" in relation to goods, means a lease of goods, where
(a) the lease term exceeds seventy-five per cent of the expected life of the goods;
(b) the lessee has an option to purchase the goods for a fixed or determinable price at the expiration of the lease; or
(c) the estimated residual value of the goods to the lessor at the expiration of the lease term, and the period of any option to renew, is less than twenty per cent of the open market value of the goods at the commencement of the lease;
"financial institution" means
(a) a bank regulated under the Banks and Specialised Deposit-Taking Institutions Act, 2016 (Act 930);
(b) a non-banking financial institution regulated under the Non-Banking Financial Institutions Act, 2008 (Act 774); or
(c) any other category of persons prescribed by Regulations;
"financial services" means
(a) the provision of insurance;
(b) the issue, transfer, receipt of, or dealing with money whether in domestic or foreign currency or any note or order of payment of money;
(c) the provision of credit; or
(d) the operation of a bank account or an account with a similar institution;
"foreign-going aircraft" means an aircraft engaged in the transportation for consideration of passengers or goods wholly or mainly on flights between
(a) an airport in the country and an airport in an export country; or
(b) airports in export countries;
"foreign-going vessel" means a vessel engaged in the transportation for consideration of passengers or goods wholly or mainly on voyages between
(a) a seaport in the country and a seaport in an export country; or
(b) seaports in export countries;
"free zone" means an area or building declared as a free zone under the Free Zone Act, 1995 (Act 504), including a single factory zone, a free port, a free airport, a free river or lake port;
"free zone developer" means a person who acquires a free zone and is licensed to use or uses the free zone for operations permitted under the Free Zone Act, 1995 (Act 504);
"free zone enterprise" means an industry, project, undertaking or business for commercial purposes licensed to carry out operations in a free zone under the Free Zone Act, 1995 (Act 504);
"Ghana Revenue Authority" means the Authority established under section 1 of the Ghana Revenue Authority Act, 2009 (Act 791);
"goods" include movable and immovable tangible property, thermal and electrical energy, heating, gas, refrigeration, air conditioning and water, but does not include money;
"haulage" means the act, process or business of transporting goods for others or oneself by road, rail, water or air;
"hire purchase agreement" means a hire purchase agreement within the meaning of the Hire Purchase Act, 1974 (N.R.C.D. 292);
"import" means
(a) in the case of goods, to bring or cause to be brought into the country from a foreign country or place; or
(b) in the case of services, a supply of services to a resident person by
(i) a non-resident person, or
(ii) a resident person from a business carried on by the resident person outside the country,
to the extent that the services are utilised or consumed in the country other than to make taxable supplies;
"import declaration" means a statutory form filed or to be filed with respect to imported goods at the time of entry;
"importer," in relation to
(a) an import of goods, includes the person who owns the goods or any other person who is for the time being in possession of or beneficially interested in the goods; and
(b) goods imported by means of a pipeline, includes the owner of the pipeline;
"import of services" means a supply of services to a resident person by
(a) a non-resident person,
(b) a resident person from a business carried on by the resident person outside the country,
(c) a free zone developer, or
(d) a free zone enterprise to the extent that the services are utilised or consumed in the country other than to make taxable supplies;
"incapacitated person" means an individual under the age of eighteen years or an individual who, by reason of mental ill-health, is incapable of managing the affairs of that individual;
"input tax" means tax payable by a taxable person on
(a) an acquisition of a taxable supply of goods and services; or
(b) a taxable import;
"kerosene" includes Aviation Turbine Kerosene;
"kits" means the knocked down components for the manufacture of automobiles;
"lay-away agreement" means a sale transaction where goods are reserved by payment of a deposit and subsequently made available on full payment for the goods;
"medical services" means a supply of a medical, dental, nursing, midwifery or paramedical service where the service is performed by or under the supervision and control of a person who is registered as qualified by the Minister responsible for Health to perform that service, other than a spa, gymnasium or other similar service;
"medical supplies" means equipment and accessories for the supply of medical services as approved by the Minister responsible for Finance in consultation with the Minister responsible for Health;
"Minister" means the Minister responsible for Finance;
"money" means
(a) a coin or paper currency recognised in the country as legal tender; or
(b) a bill of exchange, promissory note, bank draft, postal order, money order, or similar instrument
other than an item of numismatic interest;
"non-life insurance" means the provision of non-life insurance other than motor vehicle insurance;
"non-resident" means a person who is not a resident of the country;
"non-traditional product" means product other than traditional product;
"officer" means
(a) the Commissioner-General appointed under section 13 of the Ghana Revenue Authority Act, 2009 (Act 791); or
(b) a Commissioner or other member of staff appointed under subsection (1) of section 16 of Act 791 to whom the functions of the Ghana Revenue Authority may be delegated;
"open market value" has the meaning assigned to it in section 44;
"output tax" means the Tax chargeable under subsection (1) of section 1 and any other section of this Act in respect of a taxable supply;
"penalty unit" has the meaning assigned in section 2 7 of the Interpretation Act, 2009 (Act 792);
"person" means an individual or entity;
"pharmaceuticals" mean the essential drugs listed under Chapter 30 of the Harmonised Systems Commodities Classification Code, 2022;
"positive rate" means a rate that is greater than zero;
"promoter of public entertainment" means a person who arranges the staging of public entertainment, but does not include entertainment organised by
(a) an educational institution approved by the Commissioner-General;
(b) the board of management or a parent teacher association of an educational institution approved by the Commissioner-General;
(c) a religious organisation approved by the Commissioner-General; or
(d) a charitable organisation approved by the Commissioner-General;
"public entertainment" means a musical entertainment, theatrical performance, comedy show, dance performance, circus show, or show connected with a festival, or any similar event to which the public is invited;
"public funds" means
(a) the Consolidated Fund;
(b) the Contingency Fund; or
(c) any other public fund as may be established by or under the authority of an Act of Parliament;
"recipient" means the person to whom a supply or import is made;
"registered" means registered under section 6;
"related person" means
(a) a natural person and a relative of that natural person;
(b) a trust and a person who is or may be a beneficiary in respect of that trust or whose relative is or may be a beneficiary;
(c) a partnership or company other than a stock company and a member of that partnership or
company who, on account of shares personally held together with shares or other membership interests held by persons who are related to that member under another provision of this definition, owns twenty-five percent or more of the rights to income or capital of the partnership or company;
(d) a shareholder in a stock company and the stock company if the shareholder on account of shares personally held together with shares held by persons who are related to the shareholder under a provision of this definition and the shareholder
(i) controls twenty five percent or more of the voting power in the stock company; or
(ii) owns twenty five percent or more of the rights to dividends or of the rights to capital; or
(e) two companies, if a person, either alone or together with a person who is related to that person under another provision of this definition
(i) controls twenty-five per cent or more of the voting power in both companies; or
(ii) owns twenty-five per cent or more of the rights to dividends or of the rights to capital in both
companies; and, for the purposes of paragraphs (c) and (d) a person is treated as owning, on a pro rata basis, shares or other membership interests which are owned or controlled by the person indirectly through one or more interposed persons;
"relative", in relation to an individual, means the child, spouse, parent, grandparent, grandchild, sibling, aunt, uncle, nephew, niece, first cousin or ancestor of the individual, including by way of marriage or adoption;
"representative" has the meaning assigned to it in section 70;
"resident person" has the meaning assigned to it under section 101 of the Income Tax Act, 2015 (Act 896);
"return" means a return of tax due or a claim for tax refund under this Act;
"returnable container" means a container
(a) that belongs to a class of containers specified 1n Regulations made under this Act;
(b) for which a deposit is charged by the supplier, and
(c) for which the deposit is required by law or agreement to be refunded or allowed as credit to the person returning the container;
"services" means anything other than goods or money;
"supplier" in relation to a supply, means the person making the supply;
"Tax" means the Value Added Tax imposed under section 1, including any amount to the extent that the amount is treated as Value Added Tax for the purposes of this Act;
"taxable activity" has the meaning assigned to it in section 5;
"taxable person" has the meaning assigned to it in section 4;
"taxable supply" has the meaning assigned to it in section 33;
"taxable transaction" means a taxable supply or an import of goods or services that is subject to the Tax under this Act;
"tax fraction" in relation to a taxable supply, means the fraction calculated in accordance with the following formula:
R/(100 + R),
where "R" is the percentage rate of the Tax, expressed as a whole number, applicable to the taxable supply;
"tax invoice" means an invoice issued on a supply of taxable goods and services in accordance with this Act and Regulations made under this Act, and may be in the nature of
(a) an electronic invoice issued through a Certified Invoicing System for a supply of goods or services by a taxable person; or
(b) any other invoice approved by the Commissioner-General;
"tax period" means one calendar month;
"token" means a digital or physical voucher, code, representation or instrument that
(a) can be redeemed or exchanged by a holder for goods, services or cash; or
(b) represents a right or entitlement to receive goods or services, whether in full or partial satisfaction of the value of the voucher, code, representation or instrument;
"traditional product" includes
(a) cocoa beans;
(b) lumber and logs;
(c) unprocessed gold or other minerals;
(d) electricity; and
(e) petroleum, crude oil or natural gas;
"trust" means an arrangement under which a trustee holds assets; and
"trustee" means an individual or a body corporate that holds assets in a fiduciary capacity for the benefit of identifiable persons or for some object permitted by law and
(a) whether or not
(i) the assets are held alone or jointly with other individuals or bodies corporate; or
(ii) the individual or body corporate is appointed or constituted as trustee by personal act, by will,
by order or declaration of a court or by other operation of law; and
(b) includes Repeals and savings
(i) an executor, an administrator, a tutor or a curator;
(ii) a liquidator, a receiver, a trustee in bankruptcy or a judicial manager;
(iii) a person who has the administration or control of assets subject to a usufruct, fideicommissum
or other limited interest;
(iv) a person who manages the assets of an incapacitated individual; and
(v) a person who manages assets under a private foundation or other similar arrangement.