Sitting for less than 30 minutes on Tuesday, Parliament passed a law, which after the President's assent, would make it
obligatory for any person who makes profit or repatriates the profit to
withhold a final tax on the gross amount in accordance with a prescribed
rate.
Known as Internal Revenue (Amendment) Bill, the law amends sections
of Act 592, and by the amendment, makes it mandatory for a person who makes
payment to or for a non-resident person in respect of any of the prescribed businesses to withhold a final tax on the gross amount in accordance with a prescribed rate.
The passage of the Bill would make it obligatory for persons who are partners of non-resident persons to withhold tax on payment of fees under contract in respect of shipping, air transport and telecommunication business.
The Bill also places an express obligation on branches of foreign companies, in respect of branch profits repatriated abroad, to withhold tax
and pay the withheld tax and pay the withheld amount to the Commissioner.
Section 66 of the outgoing Internal Revenue Act, 2000 (Act 592) on branch profits does not provide for any express obligation on the payer of profit repatriated to non-resident shareholders to withhold tax and pay the withheld amount to the Commissioner until discoveries of the payments are made through field audits.
Again, with respect to the business of shipping, air transport and telecommunication services under section 67 of Act 592; even though a rate
had been prescribed requiring the gross receipt to be subject to tax at a prescribed rate, there is no express obligation on the resident person to withhold tax on payment of fees under contract.
The new clause introduced in section 67, subsection 3 of Act 592, is
to correct the situation where the payer would withhold and pay the tax as
a final tax to the Commissioner, which under the outgoing legislation is not
so.
A Report from the Finance Committee of Parliament on the Bill said the
Bill would bring branch profits tax in harmony with the existing dividend tax which was at the rate of eight per cent.
When the House finally passed the Bill, there was a mix up of hollers as to whether to adjourn proceeding for the next day.
Mr Ebenezer Sekyi Hughes put the matter to adjourn to a second vote before finally determining a vote of aye as some members of the House spoke softly with one another that the day was still young.
After adjournment, Members of the House, mostly from the largest minority National Democratic Congress rushed and shook hands with Mr. Dan Abodakpi, MP for Keta, who was in the House for the first time, after his release from jail following a presidential pardon for his incarceration on a charge of causing financial loss to the State.
Mr. Kwamena Bartels, MP for Ablekuma North, from the Majority side moved from his seat, and in a move of welcome, shook and raised both hands with Mr Abodakpi, amidst a hearty chat.
Mr Abodakpi told the press who besieged the Minority Leader's office that he felt great, very happy to be back in Parliament to continue to represent his people and country.
He said, he was grateful to God and the President for the release from jail. "I believed in my innocence, but I did not know what instrument God would use for my release. I'm thankful to God for his grace and granting me freedom."
Mr Abodakpi said he never regretted serving the nation.
"It's an honour to be of service to this country," he said.
The MP, who is a former Minister for Trade and Industry, said he believed a number of innocent people were languishing in jail on wrong charges, and that they came out later hardened.
He promised to make a statement to the House on the need for some very major reforms in the prisons.