Revenue Administration (Amendment) Act, 2022 - Act 1086

ARRANGEMENT OF SECTIONS

1. Section 33A inserted

2. Second Schedule to Act 915 amended

3. Third Schedule to Act 915 amended

PURPOSE

AN ACT to amend the Revenue Administration Act, 2016 (Act 915) to provide for the Commissioner-General to establish a monitoring mechanism to determine or verify the actual revenue collected by a taxpayer, to introduce the requirement for a tax clearance certificate, to provide for returns in respect of the realisation of an asset or a liability and for related matters

DATE OF ASSENT

29th December, 2022.

ACT

1. Section 33A inserted

The Revenue Administration Act, 2016 (Act 915) referred to in this Act as the "principal enactment" is amended by the insertion after section 33, of

"Access to physical network node 33A. (1) For the purposes of a tax law,

(a) the Commissioner-General may establish a monitoring mechanism to verify the actual revenue that accrues to a taxpayer for the purpose of computing taxes due under this Act; and

(b) a person shall provide the Commissioner-General or an authorised tax officer with physical access to the physical network node or infrastructure or system of that person at an equivalent point in the network or infrastructure or system where the system of the taxpayer is connected.

(2) A person who refuses to provide the Commissioner-General or a tax officer with physical access to the physical network node or infrastructure or system of that person as specified in paragraph (b) of subsection (I) is, in addition to the penalty provided in section 78, liable to pay to the Authority a penalty of five percent of the annual gross revenue of that person.

(3) This section has effect despite a provision in an enactment relating to confidentiality, privilege or the public interest with respect to the production of, or access to, a document.".

2. Second Schedule to Act 915 amended

The Ministries, Departments, and Agencies listed in the first column of the Second Schedule may retain and use an amount of Ten Billion, Six Hundred and Twenty-Seven Million, Six Hundred and Fifteen Thousand, Two Hundred and Sixty-Eight Ghana Cedis (GH¢10,627,615,268) indicated in the second column of the Second Schedule being a part of the total amount specified in section 1 during the financial year commencing on the 1st day of January, 2023 and ending on the 3pt day of December, 2023.

3. Payment of money on authorisation of Minister responsible for Finance

The Controller and Accountant-General may, on a warrant issued on the authority of the Minister responsible for Finance, pay out of the Consolidated Fund and other public funds during the financial year ending on the 31st day of December, 2023 any sum not exceeding the sum of Two Hundred and Twenty-Seven Billion, Seven Hundred and Twenty-One Million, One Hundred and Eighty-Two Thousand, Nine Hundred and Fifty-Eight Ghana Cedis (GH¢227,721,182,958) referred to in section 1.

4. Repeal

The Appropriation (No. 2) Act, 2021 (Act 1074) is repealed.

5. Commencement

This Act shall come into force on the 1st day of January, 2023.

SCHEDULES

You can see all schedules to the Act at https://mofep.gov.gh/publications/budget-statements