MTN Ghana slammed with $773 million back-tax bill, but GRA says it’s all legal

The Ghana Revenue Authority (GRA) has defended a $773 million back-tax bill it imposed on telecommunications company MTN, stating that the action is in accordance with the laws and regulations in place. MTN had previously contested the bill, describing it as inaccurate.

In a statement, the GRA explained that the back-tax bill is a result of an audit conducted for the tax period of 2014 to 2018, as required by the Revenue Administration Act 2016. The GRA also emphasized that due process was followed in serving the Notice of Assessment and engaging with the company, and that MTN has been reminded of its right to object to any tax decision by the Commissioner-General.

It is important to note that the back-tax bill is not a final decision and MTN has the opportunity to contest the assessment and present evidence. The GRA has emphasized that its mandate is to ensure that all businesses pay the correct amount of taxes.

Below is the statement from GRA

The attention of the Ghana Revenue Authority (GRA) has been drawn to a public statement issued by SCANCOM PLC (MTN GH) in reaction to a Notice of Tax Assessment served on MTN Ghana by the Authority on the 10th of January 2023.

GRA wishes to remind taxpayers and the general public that its mandate in tax administration is derived from the Ghana Revenue Authority Act 2009, (Act 791), the Revenue Administration Act 2016, (Act 915) and several other tax laws.

Section 36 of the Revenue Administration Act 2016, (Act 915), mandates the Commissioner-General to audit the tax affairs of a person; and it is in accordance with this provision that the Authority conducted a Tax audit on MTN Ghana for the tax period 2014 to 2018.

The audit was conducted as required by law adhering to the principles of fairness and transparency.
Section 42 of Act 915 also prescribes the ways in which a person can object to a tax assessment that is served by the Commissioner-General.

In the case of MTN Ghana, GRA followed due process in serving a Notice of Assessment and has engaged MTN Ghana as required by Law to ensure that it communicates the basis of assessment as well as the several avenues available for objection as required in Section 42 of the Revenue Administration Act.

We wish to emphasize that MTN Ghana has been reminded at all times in the Authority’s interactions with them about their right to object to any tax decision by the Commissioner-General.

Admittedly, MTN Ghana has been audited many times in the past and has received numerous awards as a compliant taxpayer; however, these do not in any way prejudice the conduct of audits as required by Law.

GRA uses this opportunity to remind taxpayers of their obligations under the tax Laws to declare and pay the right amount of tax(es) as well as the mandate of GRA to ensure that all businesses pay the right amount of tax.

Source: Norvanreports