Question Tag: Tax Returns

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Paa Tee is a sole proprietor and has not filed his tax returns for 2018 year of assessment as at April 1, 2019. He has approached you to file his tax returns for him and from all indications, he has paid all his taxes based on the self-assessment estimate.

Required:
i) What steps (if any) will you take to enable Paa Tee file his tax return and are there any financial implications in filing? (2 marks)
ii) What factors may give rise to an adjusted assessment by the Commissioner-General?

i) I would help Paa Tee apply for an extension if there are valid reasons for doing so, but the application must be made before the deadline of 30th April 2019. There is no financial implication if the filing is done on or before 30th April 2019, or if an extension is granted by the Ghana Revenue Authority.
(2 marks)

ii) The factors that may give rise to an adjusted assessment by the Commissioner-General are:

  • Failure to file a tax return.
  • Discovery of a case of fraud.
  • Willful default.
  • Serious omission.

i) Under what circumstances would the Commissioner-General of Ghana Revenue Authority, by notice, require a person to file a tax return before the due date for filing of tax returns? (4 marks)

ii) What are the powers of the Commissioner-General if a taxpayer fails to file tax return on time? (3 marks)

i) Circumstances for Early Filing Requirement:

    The Commissioner-General may, by notice, require a person to file a tax return before the due date for filing of tax returns if:

  • The person becomes bankrupt, is wound-up, or goes into liquidation.
  • The Commissioner-General believes on reasonable grounds that the person is about to leave the country indefinitely.
  • The person is otherwise about to cease activity or business in the country.
  • The person has committed an offense under a tax law.
  • The Commissioner-General considers it appropriate, including cases where the person fails to maintain adequate documentation.

ii) Powers of the Commissioner-General When Tax Returns Are Not Filed on Time:
If a person fails to file a tax return by the due date required by a tax law:

  • The Commissioner-General may appoint another person to prepare and file any information that the Commissioner-General may require, including information required by the return.
  • The Commissioner-General shall make an assessment of the tax liability of the person as required by the tax law, including by way of adjusted assessment, using any information in the possession of the Commissioner-General, including information obtained as described above.