Question Tag: Free Zone Enterprise

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Orga Ltd has the following information relating to its operation as a Free Zone Enterprise for the 2020 year of assessment with a basis period from January to December each year:

Description Amount (GH¢)
Revenue 35,000,000
Cost (21,000,000)
Profit 14,000,000

Additional information:

  • Depreciation of GH¢200,000 has been added to the cost above.
  • Revenue: Local sales GH¢25,000,000; Exports GH¢10,000,000.
  • The Managing Director was provided with a mini bar and a swimming pool as part of his employment package costing GH¢1,200,000 in his private residence. The employer added only GH¢200,000 as part of the employment income for tax purposes. The total cost has been adjusted to the cost above.
  • The dividend received from the United States of America net of taxes of 10% was GH¢22,500. This income has not yet been recorded, although it has been credited in the bank statement.
  • The excess proceeds from the sale of a depreciable asset over the written down value amount to GH¢300,000. This has not yet been recorded in the company’s accounts.

Required:
i) Compute the tax payable. (6 marks)
ii) Explain the tax treatment of the cost of the swimming pool and mini bar. (2 marks)

i) Computation of Tax Payable

Description Amount (GH¢)
Profit for the year (given) 14,000,000
Add back non-allowable expenses:
Depreciation 200,000
Domestic expenditure (Swimming pool & minibar) 1,000,000
Adjusted profit 15,200,000
Add other income:
Dividend (grossed up from GH¢22,500) 25,000
Excess of proceeds over WDV 300,000
Chargeable income 15,525,000

Tax computation (Local sales and exports):

Description Local Sales Exports
Chargeable income allocation 11,089,285.71 4,435,714.29
Tax rate 25% 15%
Tax payable 2,772,321.43 665,357.14
Total tax payable GH¢3,437,678.57

ii) Tax Treatment of Swimming Pool and Mini Bar
The cost of the swimming pool and mini bar is considered domestic expenditure and is generally not allowable for tax purposes. However, since the company added GH¢200,000 to the Managing Director’s employment income, that portion is allowable for tax purposes. The remaining GH¢1,000,000 must be added back to the company’s income for tax purposes.

ABG Ltd is a Free Zone Enterprise established in the year 2011. The company is part of Akafina Group of Companies with subsidiaries located in Accra, Kumasi, Ayanfuri, Tema, and Bodie. The following information is relevant to the operations of Akafina Group of Companies:

Taxable Profit for the Year Ended 31 December 2022 Location Activity GH¢ million
ABG Ltd Accra Manufacturing 28
Adooso Ltd Tema Manufacturing 13
Brefa Ltd Kumasi Manufacturing 14
Crame Ltd Bodie Manufacturing 22
Didie Ltd Ayanfuri Manufacturing 33
Frankaa Ltd Accra Manufacturing 14
Greda Ltd (established since 2010) Agriculture 20

Required:
Compute the tax payable by each company and explain the type of tax incentives they may enjoy.

Computation of Tax Payable by Akafina Group of Companies (Year of Assessment 2022):

Explanation of Tax Incentives:

  1. ABG Ltd:
    As a Free Zone Enterprise established in 2011, ABG Ltd enjoyed a 10-year tax holiday. Post the holiday period, the company now pays tax at a reduced rate of 15% on income earned from its export activities.
  2. Adooso Ltd and Frankaa Ltd:
    These companies are located in Accra and Tema, where there are no tax incentives. They pay the standard corporate tax rate of 25%.
  3. Brefa Ltd:
    Located in Kumasi, Brefa Ltd benefits from a 25% rebate on the standard corporate tax rate, reducing its rate to 18.75%. This incentive is aimed at encouraging businesses to operate in regional capitals other than Accra and Tema.
  4. Crame Ltd and Didie Ltd:
    Both companies are located in less developed areas (Bodie and Ayanfuri, respectively) and enjoy a 50% rebate on the standard corporate tax rate, reducing their rate to 12.5%.
  5. Greda Ltd:
    Greda Ltd, engaged in agriculture and established since 2010, benefits from a temporary tax concession, paying only 1% corporate tax on its profits to promote agriculture.

The following is the extract of financial statements – Financial position as at 31 December 2018 of the following companies:

Item Tiika (GH¢) Taaka (GH¢)
Stated Capital 1,000,000 1,000,000
Retained Earnings 600,000 600,000
Share Deals 30,000 30,000
Total Equity 1,630,000 1,630,000

Tiika is a Free Zone company, resident in Ghana. Taaka is also a company resident in Ghana, and both companies are engaged in the sale of tiles.

A Ghanaian who was living in the United States for a very long time has relocated to Ghana and has sought your opinion as a student of taxation to advise on the company to buy shares in. Your background checks indicate that the two companies have huge prospects.

Required:

Which of the companies will you advise this Ghanaian to invest in and why?

Investment Recommendation:

  • Tiika Ltd: As a Free Zone enterprise, Tiika Ltd operates in a non-custom-controlled territory and pays tax at the rate of 15% on its income derived from exports. Local sales are taxed at the rate of 25%.
  • Taaka Ltd: Taaka Ltd, operating within Ghana, is subject to a tax rate of 25% on its income.

Tax Benefits for Shareholders:

  1. Dividends Exemption: Dividends paid to shareholders by a Free Zone enterprise like Tiika Ltd are exempt from tax.
  2. Capital Growth Potential: Shareholders in Tiika Ltd stand to benefit from potential profits on exports, which could lead to significant capital growth due to the lower tax rate on exports.
  3. Lower Taxation on Income: The lower tax rate for Tiika Ltd’s export income makes it a more attractive investment compared to Taaka Ltd, which is taxed at a higher rate.

Conclusion:

Based on the tax benefits and the potential for higher capital gains from export operations, I would advise the investor to invest in Tiika Ltd. The Free Zone enterprise status provides significant tax advantages that would result in higher returns on investment, especially from dividends and capital growth.