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Investment Incentives, Benefits and Guarantees
The Ghana Investment Promotion Centre Act, 1994, provides for automatic incentives and benefits as follows:
There is custom duty exemption for agricultural, and industrial plant, machinery and equipment imported for investment purposes as contained in chapters 82, 84, 85, and 92 of the Customs Harmonized Commodity and Tariff Code. However, with the exception of goods imported specifically for the Educational, Health and Agricultural sectors, all import duty-exempted goods attract the relevant processing and/or other related fees or levies ranging between 0.5% and 1.0%. The following attract concessionary duty as follows:
2 Income Tax Incentives
(A) Corporate Tax
Notes “Non-Traditional Goods” means
(B) Exemptions
(C) Capital Allowances
Note: Unutilised capital allowances are carried forward indefinitely. 3 Carry Forward Losses
Tax losses are carried forward for five years and is lost if unutilised after the lapse of the fifth year. Only businesses involved in Manufacturing mainly for export, farming and mining have this right. 4. Investment Guarantees i. Free Transferability of Capital, Profits and Dividends
The GIPC Act 478 provides guarantees to all enterprises, including free transferability through any authorized dealer bank in freely convertible currency of dividends or net profits attributable to the investment; payments in respect of loan servicing where a foreign loan has been obtained; remittance of proceeds (net of all taxes and other obligations) in the event of sale or liquidation of the enterprise or any interest attributable to the investment. Guarantees against expropriation of private investments provided under Act 478 are buttressed by the constitution. ii. Insurance Against Non-Commercial Risks
Ghana is a signatory to the World Bank’s Multilateral Investment Guarantee Agency (MIGA) Convention. This Convention guarantees coverage (insurance) against non-commercial risks such as transfer restrictions, breach of contract, expropriation, war and civil disobedience. iii.Double Taxation Agreements
Ghana also uses Double Taxation Agreements (DTA) to rationalise tax obligations of investors who come from global tax sourced jurisdictions with a view to saving the investors the incidence of double taxation. Ghana has to date signed and ratified DTAs with France and the United Kingdom. Another DTA has been signed and ratified with the Republic of Germany. It has also concluded (but yet to sign and ratify) same with Belgium, Italy and Yugoslavia. iv. Investment Promotion and Protection Agreements
Ghana offers commitments at the bilateral level to protect investors and their investments. To date, Ghana has concluded 21 Investment Promotion and Protection Agreements (IPPAs). Some of these have been ratified while others are still awaiting ratification. Another 19 are pending for conclusion. The countries with whom the agreements have been signed and ratified are: The United Kingdom The People’s Republic Of China
The Kingdom of The Netherlands The Kingdom of Denmark
The Republic of Germany The Swiss Confederation
The Republic of Malaysia.
The countries with whom agreements have been signed but awaiting ratification are: The Republic of La Cote d’Ivoire The Republic of Egypt The United States of America The Republic of France The Republic of Zambia The Republic of Cuba
The Republic of Yugoslavia The Republic of Mauritania
The Republic of Guinea The Republic of South Africa
The Republic of The Republic of Benin The Republic of India The Republic of Burkina Faso.
The countries with agreements pending are: The Republic of South Korea Canada
The Republic of Pakistan The Republic of Ethiopia
The Republic of Israel The Republic of Turkey
The Republic of Jamaica The Republic of Nigeria
Belgium The Republic of Indonesia
The Republic of Philippines The Republic of Mauritania The Czech Republic The Republic of Australia
The Republic Singapore The Kingdom of Morocco The Republic of Togo The Republic of Finland The Kingdom of Spain.
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