tax accounting - july 2013.pptx

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    TAX ACCOUNTING

    BY Dr. Akwasi .A. TWUMASIPhD,MIM,MSc,MBA,(Lond) CFC(Canada)

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    AN OVERVIEW OF TAX ACCOUNTING

    Tax Accounting is the method of accounting

    which focuses on tax issues. It is mainly an

    accounting for tax purposes. Generally, the

    preparations of tax accounting must be in

    accordance with the relevant tax statutes, tax

    regulations and tax laws. In this context, tax

    statutes in the case of Ghana are the InternalRevenue Act, 2000 (Act 592), Internal Revenue

    Regulation L.I. 1675 in respect of Direct Taxes.

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    Accounts must be prepared inaccordance with Generally Accepted

    Principles(GAAP)- The companys code

    of Ghana, the IFRS and IAS (Sec 25 of theInternal Revenue Act 2000 Act 592 as

    amended ).

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    TAX STATUTES

    Accounts must also be prepared inaccordance with the Tax Statutes. Theseare the Internal Revenue Act 2000 Act592 as amended, The Customs ExcisePreventive Service(CEPS) Managementlaw 1993 (PNDC Law 330) as amended

    and the Value Added Tax (VAT) Act 1998(Act 546 ).

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    METHODS OF TAX ACCOUNTING

    There are two major methods of TaxAccounting; The Accrual Method of

    Accounting and the Cash MethodAccounting. These methods areembodied in the Internal Revenue

    Act, 2000 (Act 592) sec. 25 27.Section 24 details some of theprinciples in Tax Accounting.

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    Recognition of Owings

    The Income Tax Form 21 of (GRA)Domestic

    Tax Division has a column for the choice of

    Cash Accounting or Accrual Accounting.

    Cash Accounting does not recognise Owings.

    Accrual Accounting recognises Owings.

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    Accounting year of corporate and

    non-corporate entities.

    The Act stipulates that whatever the method,the accounting year or the year of assessmentof all entities including individuals or

    partnerships shall be the calendar year ie 1stJanuary to 31st December. However, that of acompany or body of persons must be theaccounting year of the entity. For simplicity

    regarding assessments, most corporateentities have 1st Jan; to 31st December, as theiraccounting year.

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    Accounting Profit & Tax Profit

    Sales 1,000

    Less cost of sales 500

    Gross Profit 500

    Less adm. Exp:

    T & T 100

    Prov. Bad Debt 200

    Repairs 50 350

    Net Profit 150

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    TAX PROFIT

    Net Profit per accounts 150

    ADD. Back Prov. For Bad 200

    Adjusted Profit 350 (Tax Profit) Tax @ 25% 87.5

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    Accounting Profit & Tax Profit

    Sales 1,000

    Less cost of sales 500

    Gross Profit 500

    Less adm. Exp:

    T & T 100

    Prov. Bad Debt 200

    Repairs 50 150

    Tax Profit 350

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    Accounting Profit & Tax Profit

    Variables leading to the differences between

    accounting profit and tax profit;

    Provisions

    Dis-allowables

    Capital Expenditure

    Additional Income Income tax

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    In examining accounts for tax purposes Tax

    professionals centre mostly on the following tax

    issues as to whether the requisite tax has been

    levied and paid;

    1. Withholding tax

    2. Registration of business- Act 684 Schedule Sec 1(2)

    3. Capital allowance

    4. Allowable and disallowable expenditure (Sec 23)5. Additional Assets

    6. Additional Capital

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    6. Loans

    7. Debtors8. Creditors

    9. PAYE Particularly on directors feesand casual labour

    10. Retailers/Wholesalers Registration

    fees

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    11. Cash flow statement IR Act 2000

    Act 592 Sec 2512. Donations

    13. Stock14. Capital Gain and Disposal

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    Large Taxpayers issues:

    1. Expatriates

    2. Resident and non-resident persons

    3. Subsidiaries

    4. Take-overs

    5. Mergers

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    6.Thin capitalization

    7. Transfer Pricing

    8. Acquisitions-(Full & Part)

    9. Capital Gains Tax10. Loan

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    Tax Accounting Treatment of Withholding Tax

    One of the pertinent issues relevant

    to both the accountant and the tax

    practitioner is the application andtreatment of Withholding Tax.

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    Withholding Tax

    Withholding tax contributes between 40 to 50

    percent to Direct Tax Revenue, perhaps due to

    the nature of deduction and attention. The

    nature of deduction makes it partly direct taxas it is effected at source and paid to Direct

    Tax Office or Domestic Tax Division of Ghana

    Revenue Authority (GRA).

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    Withholding Tax is an upfront tax

    credit withheld by an agent of the

    commissioner from a payment to a

    payee for a transaction which

    according to the Internal RevenueAct 2000 Act 592 attracts

    withholding tax.

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    Withholding Tax Deduction

    The tax deduction is usually effected

    at source by the withholding tax

    agent and paid to the tax authorities.The tax paid stands to the credit of

    the tax payer who then receives a tax

    credit certificate from the tax officeon account.

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    A tax refund is only possible

    after the taxpayer has filed

    his or her tax returns andthe final assessment results

    to a refund.

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    Withholding Tax assessments are mainly

    provisional since the tax paid may not be

    final assessment. However per the Internal

    Revenue Act 2000, Act 592 Sec 81-86,

    some withholding taxes are final. Meaning,such incomes are not to be assessed again.

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    Withholding Tax

    Where a withholding tax is deemed

    final, it implies that the tax withheld

    is adequate for the payment of taxon the earned income and there

    cannot be any additional tax.

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    It must be emphasized that the major

    purpose of imposing withholding tax is

    simply to identify the tax payer. Once the

    taxpayer is clearly identified and responds

    appropriately to all tax obligations, it may

    not be appropriate for the tax

    authorities to continue the scheme.

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    Consequently, taxpayers who

    are in the good books of the taxauthorities could apply to the

    commissioner for exemption of

    payment of withholding tax.

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    (Withholding Taxes which are final) Ref: 2007

    Internal Revenue Act 2000 (Act 592) Section 81-86

    1. Dividend paid to a resident 8%

    2. Fees paid to a part time teacher, invigilator,

    supervisor, lecturer, or examination coordinator or

    supervisor

    10%

    3. Fees, emoluments, benefits paid in cash or in kind to

    a resident director, manager or board members of a

    company or a body of persons who is not a

    permanent employee

    10%

    4. Dividend and interest paid to a non-resident person 8%

    5. Royalties, natural resource payment and rent to a

    non-resident person

    10%

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    6. Management and technical service fees

    paid to a non-resident person

    15%

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    Withholding Taxes which are not final

    Interest paid to a resident personother than an individual 8%

    Commission paid to a residentinsurance, sales or canvassingagent 10%

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    Withholding taxes which are not final

    Endorsement fees paid to a resident person

    for recommending a product in an

    advertisement launched to promote the sale

    of a new product or to promote sales at theexpense of a competing product, in the

    electronic or print media or otherwise 10%

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    Withholding taxes which are not final

    10.Commission paid to a resident lotto receiveror agent 5%

    11.Payment for goods and services made to aresident person 5%

    12.Payment for goods and services made to anon-resident person15%

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    It should be noted that the withholding tax of

    5% on the supply or sale of goods does not

    apply where the goods constitute a stock-in-

    trade of both the purchaser and the vendor, or if

    the Commissioner grants an exemption inwriting for a good cause shown or is satisfied

    that the person has a good tax record.

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    A person provided with an exemption

    by the Commissioner will have toprovide on a quarterly basis a list of

    particulars of payments that wouldhave suffered withholding tax but for

    the exemption.

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    Generally Accepted Accounting

    Practice (GAAP)

    Refers to the approved methods, rules, practices

    and procedures embodied in the following

    documents which all financial statements must

    comply; The International Accounting Standards (IAS),

    International Financial Reporting Standards

    (IFRS), The Companys code for the regulation offinancial statements. Examples of International

    Financial Reporting Standard (IFRS)

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    Why IFRS & IAS

    In view of the considerable growth ininternational investment, it is desirable to havesimilar accounting methods worldwide to makeinvestment decision more comparable.

    The growth of multi-national organizations hasmade it imperative for standardization since mostof these companies produce financial statementscovering large number of countries.

    The need for harmonized accounting standardssince some countries may not afford their ownstandards - the issue of relevance and weight.

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    Before IFRS and IAS

    Up until 2005, SSAPS and FRS had precedence

    over IAS in the UK- Changed

    From 2005, it is mandatory for all listed

    companies within the EU preparing financialstatements to comply with the guidelines of IFRS

    and IAS. Meaning in the UK small companies may

    publish their accounts reference to the SSAPsand FRSs- Dual set of standards in the UK.

    The case of Ghana IFRS & IAS

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    Examples of IAS

    IAS 7- Cash flow statement

    IAS 8- Accounting policies

    IAS 10- Events after the balance sheet date

    IAS 11- Construction contracts

    IAS 16- Property, Plant & Equipment

    IAS 23- Borrowing costs

    IAS 36- Impairment of assets

    IAS 38- Intangible assets

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    Examples of IFRS

    IFRS 3- Business combination

    IFRS 5- Non-current assets held for sale &

    discontinued operations.

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    Undercast & Overcast leading to Tax

    Loss

    Overcast of opening stock Undercast of closing stock

    Overcast of purchases

    Overcast of Carriage Inwards

    Overcast of cost of production

    Overcast of expenses

    Overcast of Carriage Outwards

    Undercast of revenue eg.sales

    Overcast of return inwards

    Undercast of Return Outwards