b) John Smith, a prospective investor in Ghana, is undecided whether to invest in farming or agro processing. He has contacted you on the tax implications of the two businesses he intends to invest in.

Required:
What advice would you give to John Smith to enable him to make a firm decision? (10 marks)

Tax Implications for Farming vs. Agro Processing in Ghana:

  1. Tax Holidays for Farming:
    • Tree Crops: A 10-year tax holiday starting from the first harvest.
    • Cattle: A 10-year tax holiday starting from the commencement of business operations.
    • Livestock, Fish, and Cash Crops: A 5-year tax holiday starting from the commencement of business operations.
    • Cocoa Farming: Income from cocoa farming enjoys an indefinite tax exemption.
  2. Tax Holidays for Agro Processing:
    • Businesses Established Before 2004: A 3-year tax holiday.
    • Businesses Established After 2004: A 5-year tax holiday starting from the commencement of business operations.
    • Companies Producing Cocoa By-products: A 5-year tax holiday starting from the commencement of business operations.
  3. Post-Holiday Tax Rates:
    • For Agro Processing Companies:
      • Located in Accra and Tema: Taxed at a rate of 20%.
      • Located in Regional Capitals (excluding Upper East, Upper West, and Northern Regions): Taxed at a rate of 10%.
      • Located in Upper East, Upper West, and Northern Regional Capitals: Enjoy a 0% tax rate.
  4. Other Incentives:
    • Carryover of Losses: Both farming and agro-processing businesses can carry over losses for up to 5 years following the year in which the loss was incurred.
    • Employee Housing: For farming businesses, the rent element for employees residing on the farm is excluded from the determination of their income for tax purposes.

Definitions:

  • Tree Crops: Includes crops like coconut, coffee, oil palm, rubber, and sheanut.
  • Cash Crops: Includes crops like cassava, maize, pineapple, rice, and yam.
  • Processing Business: Refers to the business of converting crops, fish, or livestock produced in Ghana into edible canned or other packaged products other than in their raw state.
  • Farming Business: Refers to the business of producing crops, fish, or livestock.

Advice Summary:

  • If John Smith is looking for long-term tax exemptions, farming offers extended tax holidays, especially for tree crops and cocoa. However, agro processing provides significant incentives, particularly if located in specific regions, with lower tax rates post-holiday.