Ghana amends Customs Act to provide incentives for the automobile industry

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EY Global

2 Jun 2020 PDF
Subject Tax Alert
Categories Indirect Tax
Jurisdictions Ghana

Executive summary

Ghana’s Parliament passed The Customs (Amendment) Act, 2020, Act 1014 (the Act) into law on 30 April 2020 and it was assented to by the President on the same date. The Act provides incentives for automotive manufacturers and assemblers registered under the Ghana Automotive Manufacturing Development Program (GAMDP) and for related matters.

This Alert summarizes key provisions in the Act.

Detailed discussion

The Act was enacted to amend the Customs Act, 2015, Act 891 to provide incentives for automotive manufacturers and assemblers registered under the GAMDP, provide import exemptions for security agencies and officers of the security agencies as well as related matters.

The key amendments in the Act are summarized below.

Tax rebate

Automotive manufacturers or assemblers registered under the GAMDP will be granted a rebate of the import duty on fully built units imported from the original manufacturer of the fully built (which means completely built motor vehicles under the GAMDP) units by the Minister for Finance (the Minister).

Categories of rebate

a) Semi-knocked down assembly1

  • Rebates will be based on the assessed customs value of one complete kit.

b) Enhanced semi-knocked down assembly and completely knocked down manufacture2

  • Rebates will be based on the assessed customs value of the two complete kits.
Basis for the grant of rebate
  • The grant of rebate shall be based on a multiplier of the assessed customs value of a semi-knocked down kit or a completely knocked down kit.
  • The rebate granted is subject to a first review during or after the third year of the GAMDP.

Restrictions on importation of automobiles

The following cannot be imported into the country:

a) A right-hand steering motor vehicle without the approval of the Minister

b) A salvaged motor vehicle3

c) The following motor vehicles over 10 years of age:

i. Motor cars and other motor vehicles principally designed for the transport of persons, other than those under Harmonized Schedule (HS) heading 87.02, including station wagons and racing cars with HS heading 87.03

ii. Motor vehicles not exceeding five tons for the transport of goods with HS heading 87.04

Commencement

The date for the imposition of import duty on motor vehicles indicated under HS headings 87.03 to 87.04 of Chapter 87 of section XVII of the First Schedule shall be specified by the Minister in a legislative instrument. However, the date shall not be earlier than six months after:

a) The new motor vehicles manufactured under the GAMDP are made available.

b) Arrangements have been made for the motor vehicles to be sold in accordance with the investment plans of the automotive manufacturers and assemblers registered under the GAMDP.

The date on which a motor vehicle over 10 years of age shall not be imported in the country shall be specified by the Minister in consultation with the Minister for Trade in a legislative instrument. Nonetheless, the date shall not be earlier than six months after the first vehicle has been assembled under the GAMDP.

The prohibition against the importation of salvaged motor vehicles into the country will be effective six months after the date of the coming into force of the Act.

Applicable import duty
Security agencies

For additional information with respect to this Alert, please contact the following:

Ernst & Young Advisory Services Limited, Accra
  • Robin McCone 
  • Isaac Sarpong 
Ernst & Young Advisory Services (Pty) Ltd., Africa ITTS Leader, Johannesburg
  • Marius Leivestad 
Ernst & Young Société d’Avocats, Pan African Tax – Transfer Pricing Desk, Paris
  • Bruno Messerschmitt 
  • Alexis Popov 
Ernst & Young LLP (United Kingdom), Pan African Tax Desk, London
  • Rendani Neluvhalani 
  • Byron Thomas
Ernst & Young LLP (United States), Pan African Tax Desk, New York
  • Brigitte Keirby-Smith 
  • Dele Olagun-Samuel