Law of Corporate Taxation

Notes

Cases
Resources
Introduction to the Law of Taxation

This note will briefly discuss the meaning of a tax and its characteristics.

Reasons for the Imposition of Taxes

This note will discuss various reasons for why taxes are imposed. The reasons include revenue generation, redistribution of wealth, discouraging consumers from consuming some goods, among others.

Sources of Tax Law in Ghana

This note will briefly discuss the sources of tax law in Ghana. The sources include the Constitution, 1992; the Income Tax Act, 2015 (Act 896); the Ghana Revenue Authority Act, 2009 (Act 791); and others.

Elements of a Good Tax System and Principles of Taxation

This note will discuss the elements that underpin a good tax system. These elements, described as maxims by Adam Smith in The Wealth of Nations (2005), are equity, certainty of imposition, convenience of payment, and economy in collection. The note will also discuss the benefit principle and the ability-to-pay principle.

Classification of Taxes

There are various systems for the classification of taxes. These systems include classification according to tax base, the manner in which tax liability is borne, and the tax rate structure. These systems of classification are now discussed.

Taxation as a Legal Concept

This note will discuss the fact that taxation is a legal concept and the power to impose taxes must be expressly conferred by a legal instrument.

Interpretation of Tax Statutes

This note will discuss the rules that govern the interpretation of statutes by which taxes are imposed and why there is a need to have such rules.

Introduction to Taxation of Partnership

This note will discuss the meaning of a partnership in Ghana.

Principles of Taxation of Partnerships in Ghana

This note discusses various provisions on the taxation of partnerships in Ghana, particularly those in Section 52 of the Income Tax Act, 2015 (Act 896).

Taxation of Partners

In a previous note, it was emphasised that the partnership's chargeable income is not taxable. It was highlighted in that note that when the income of the partnership is shared to the partners, the partners are liable to pay income tax. In this note, we will discuss what is included in calculating the income of a partner from a partnership.

Introduction to Taxation of Companies

This note will examine the meaning of a company, its recognition as an entity that is separate from its shareholders, the company as a taxable person, and how a company must account for income and expenditure for tax purposes.

Calculating Chargeable Income – Allowable Deductions

This note discusses the various amounts that can be deducted from assessable income to arrive at a person's chargeable income.

Taxation of Shareholders

This note discusses the rules governing the taxation of shareholders under Section 59 of the Income Tax Act, 2015 (Act 896).

Introduction to Tax Administration in Ghana

This note will discuss the meaning of tax administration, the main source of law for tax administration in Ghana, the Ghana Revenue Authority as the administrative authority, and highlight the sub-topics that will be discussed in subsequent notes.

Tax Administration – Tax Recovery

This note discusses the meaning of tax recovery, the recognition of tax as a debt due to the government, and the tax recovery measures available to the Commissioner-General.