Question Tag: Business Restrictions

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You are an external consultant to the Ministry of Trade and Industry. The Minister has received a delegation of both foreigners and Ghanaians to deliberate on investment opportunities available in Ghana.

Required:
i) Business activities that cannot be engaged in by foreigners. (5 marks)
ii) The tax benefits of establishing a sole proprietorship business as against a limited liability company. (5 marks)

i) Business Activities that Cannot Be Engaged in by Foreigners
A person who is not a citizen or an enterprise that is not wholly owned by Ghanaian citizens shall not invest or participate in the following activities:

  • The sale of goods or provision of services in a market, petty trading, hawking, or selling of goods in a stall.
  • The operation of taxi or car hire service in an enterprise that has a fleet of fewer than 25 vehicles.
  • The operation of a beauty salon or barber shop.
  • The printing of recharge scratch cards for telecommunications services.
  • The production of exercise books and other basic stationery.
  • The retail of finished pharmaceutical products.
  • The production, supply, and retail of sachet water.
  • All aspects of pool betting business and lotteries except football pools.

(5 marks)

ii) Tax Benefits of Establishing a Sole Proprietorship Business as Against a Limited Liability Company

  • Personal Reliefs: Sole proprietors enjoy personal reliefs, which help reduce their tax liabilities, whereas limited liability companies do not enjoy such benefits.
  • Pension Contributions: Sole proprietors can contribute to pension schemes (up to 35% of declared income), which helps reduce their tax burden, while limited liability companies do not enjoy this benefit.
  • Interest Income: Interest received by sole proprietors from resident financial institutions is exempt from tax, but companies pay an 8% tax on such interest.
  • Tax on Other Interest Income: Sole proprietors pay 1% tax on interest received from non-resident financial institutions, whereas companies pay an 8% tax.
  • No Stamp Duty: Establishing a sole proprietorship does not require the payment of stamp duty, unlike limited liability companies that need to pay stamp duty during their registration process.

(5 marks)