A Lawyer Bobby Banson has warned businesses in Ghana to be cautious of whistle blowers and personnel within the Ghana Revenue Authority who visit their companies as ‘helpers’ seeking to get information with regards to their revenue and tax needs with the intent of providing efficient aid in that regard.
Touching on the theme, “The power and limits of the GRA; How to mount a legal challenge to an action by the GRA” at the Spain-Ghana Chamber of Commerce Breakfast meeting, Mr. Banson noted how some personnel of the Ghana Revenue Authority sometimes overstep their bounds while meting out their duties; posing as collaborators but merely knowing what they stand to gain.
He explained that these persons only act as wanting to help because of their knowledge of a ‘whistle blower policy’ under the GRA where they are given some extra monies (20%) of monies charged businesses when they bring ‘intel’ from those companies to them (GRA).
“Trust me 99.999% they are not on your side. Because one thing that they don’t tell you, is that they have a reward policy that gives them a percentage of what they get from you. They have a whistle blower policy that if they come to you and they are able to get ten million cedis somebody sitting there will be referred to as the person who gave them the information and the person will be entitled to 20% … don’t trust them because they stand to benefit financially in addition to their salary.
Clarifying the limits and responsibilities of the GRA, he noted that the authority is mandated to provide a notice of assessment at least 30 days before they act in as far as freezing accounts and other actions are concerned.
He noted that though government has the right to collect and assess tax, the Ghana Revenue Authority’s power is limited.
“Government has the right to collect tax and assess tax. If they assess you and you don’t pay, they have the right to enforce their assessments. That will be to freeze your bank account, to seize your assets and have them sold in satisfaction of your debt. But these powers are limited because there are laws that work in the country.”
He added without an order from the magistrate court the Ghana Revenue Authority cannot by law, seal the premises of the company or take away its assets.
“If you’re served with the assessment, you have a period of 30 days to appeal and once you file the appeal, you have a 60 day window within which the GRA can come back to you and carry out their assessment as often as possible. But they cannot come and seal your premises and take your assets unless they have an order from magistrate of a court.”
General Secretary of Spain-Ghana Chamber of Commerce Ingrid Asensio Ramos spoke to www.ghanaweb.com on some challenges facing the foreign businesses in Ghana.
She hinted that the Spain-Ghana Chamber of Commerce interactions with government have been ongoing to reach a consensus on how to resolve this challenges.
“Taxation is a hot topic for business companies here in Ghana…there are lots of challenges for them as they do not understand the country…that is why this event is been organized to help them through this challenges."
The Spain-Ghana Chamber of Commerce breakfast meeting held on the 19th, June 2019, was organized to educate business owners and organizations on the powers and limit of the Ghana Revenue Authority.
A section of stakeholders shared the challenges they face in the hands of the GRA agents. They are however calling on government to limit the aggression of the GRA staff.
