Question Tag: Stamp Duty

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AT – Nov 2022 – L3 – Q5 – Taxation and Corporate Governance

Analyze the tax implications for Yemmysea Beverages Limited’s proposed merger and acquisition arrangements, covering scenarios where a company absorbs another, a merger results in business cessation, and a business is sold or transferred. Additionally, explain the regulatory powers of the FIRS in mergers and acquisitions.

In its bid to increase market power, growth, and enhance operating economies, the Board of Directors of a medium-sized beverage company, Yemmysea Beverages Limited, located in Abeokuta, is considering proposals for a merger or acquisition with another business entity in the same industry. The Chairman of the Board found all the proposals attractive.

However, the Financial Accountant advised that the Board should consider the tax implications associated with each proposed merger or acquisition arrangement. To address this, a reputable tax consulting firm, experienced in mergers, acquisitions, and reorganizations, was recommended to provide expert analysis.

Your firm has now been approached to offer professional advice on the tax implications of each of the following merger or acquisition arrangements:

  • Proposal 1: When an existing company absorbs another existing company.
  • Proposal 2: When a merger results in the cessation of business.
  • Proposal 3: When a business is sold or transferred.

Required:

As the company’s Tax Consultant, submit a report to the Managing Director explaining the following:

  1. Tax implications when an existing company absorbs another existing company.
    (5 Marks)
  2. Tax implications when a merger results in the cessation of business.
    (3 Marks)
  3. Tax implications when a business is sold or transferred.
    (3 Marks)
  4. The powers of the Federal Inland Revenue Service (FIRS) on issues concerning mergers and acquisitions of companies.
    (4 Marks)

Total: 15 Marks

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TAX – May 2021 – L1 – SA – Q12 – Stamp Duties

Objective question to identify what is not assessed on an ad-valorem basis.

Which of the following is NOT assessed on ad-valorem basis?
A. Share capital of companies
B. Mortgage and debenture loans
C. Property valuation
D. Promissory notes
E. Admission as solicitor or notary public

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PT – Dec 2023 – L2 – Q4a – Corporate Tax Liabilities

Explanation of the tax implications of transferring retained earnings to share capital, including deemed dividend tax and stamp duty.

A Nigerian investor (Niger Ltd) in Ghana has the following information relating to its business:

Year Revaluation Reserves (GH¢) Share Capital (GH¢) Retained Earnings (GH¢)
2021 250,000 1,000,000 1,200,000
2020 100,000 600,000 1,350,000

Required:
With relevant computations, comment on the tax implication of the transfer from Retained Earnings to Share Capital. (8 marks)

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TX – May 2019 – L3 – Q1a – Tax planning-+

Analyze the tax implications for a company increasing its stated capital by transferring funds from income surplus.

Management of Kwame Enterprise Ltd considers increasing its stated capital by transferring GH¢600,000 from Income Surplus in 2019 year of assessment in its bid to expand its business horizon in future. The management of the company intends to consult widely on the taxability, if any, on this line of action.

Required:

Assess the tax implication of this funding arrangement by Management of Kwame Enterprise Ltd.
(3 marks)

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AT – NOV 2021 – L3 – Q1b – Permanent Establishment | International Taxation

Discusses the tax implications of establishing a permanent establishment or a subsidiary in Ghana.

Muda Atesigbe is a major shareholder of Malka Ltd, a company based in Dubai–United Arab Emirates. As part of giving the company a global outlook, it intends to have a presence in Ghana. What is not too clear to the company’s management is the mode of entry into the country that would serve its business interests. It is contemplating establishing a company in Ghana or using the Permanent Establishment route to make its presence in Ghana.

Required:
He has tasked you, as a final level student of the Institute of Chartered Accountants, Ghana, to advise him on the tax implications of both routes and which is a better option. (8 marks)

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AT – Nov 2017 – L3 – Q3c – Business income – Corporate income tax

Identifying tax exposure on transfer from income surplus to stated capital.

In order to increase its stated capital, XYZ Ltd transferred an amount from its income surplus account. As a tax advisor, identify the types of taxes XYZ Ltd is exposed to on the above arrangement.

(4 marks)

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AT – Nov 2022 – L3 – Q5 – Taxation and Corporate Governance

Analyze the tax implications for Yemmysea Beverages Limited’s proposed merger and acquisition arrangements, covering scenarios where a company absorbs another, a merger results in business cessation, and a business is sold or transferred. Additionally, explain the regulatory powers of the FIRS in mergers and acquisitions.

In its bid to increase market power, growth, and enhance operating economies, the Board of Directors of a medium-sized beverage company, Yemmysea Beverages Limited, located in Abeokuta, is considering proposals for a merger or acquisition with another business entity in the same industry. The Chairman of the Board found all the proposals attractive.

However, the Financial Accountant advised that the Board should consider the tax implications associated with each proposed merger or acquisition arrangement. To address this, a reputable tax consulting firm, experienced in mergers, acquisitions, and reorganizations, was recommended to provide expert analysis.

Your firm has now been approached to offer professional advice on the tax implications of each of the following merger or acquisition arrangements:

  • Proposal 1: When an existing company absorbs another existing company.
  • Proposal 2: When a merger results in the cessation of business.
  • Proposal 3: When a business is sold or transferred.

Required:

As the company’s Tax Consultant, submit a report to the Managing Director explaining the following:

  1. Tax implications when an existing company absorbs another existing company.
    (5 Marks)
  2. Tax implications when a merger results in the cessation of business.
    (3 Marks)
  3. Tax implications when a business is sold or transferred.
    (3 Marks)
  4. The powers of the Federal Inland Revenue Service (FIRS) on issues concerning mergers and acquisitions of companies.
    (4 Marks)

Total: 15 Marks

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TAX – May 2021 – L1 – SA – Q12 – Stamp Duties

Objective question to identify what is not assessed on an ad-valorem basis.

Which of the following is NOT assessed on ad-valorem basis?
A. Share capital of companies
B. Mortgage and debenture loans
C. Property valuation
D. Promissory notes
E. Admission as solicitor or notary public

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PT – Dec 2023 – L2 – Q4a – Corporate Tax Liabilities

Explanation of the tax implications of transferring retained earnings to share capital, including deemed dividend tax and stamp duty.

A Nigerian investor (Niger Ltd) in Ghana has the following information relating to its business:

Year Revaluation Reserves (GH¢) Share Capital (GH¢) Retained Earnings (GH¢)
2021 250,000 1,000,000 1,200,000
2020 100,000 600,000 1,350,000

Required:
With relevant computations, comment on the tax implication of the transfer from Retained Earnings to Share Capital. (8 marks)

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TX – May 2019 – L3 – Q1a – Tax planning-+

Analyze the tax implications for a company increasing its stated capital by transferring funds from income surplus.

Management of Kwame Enterprise Ltd considers increasing its stated capital by transferring GH¢600,000 from Income Surplus in 2019 year of assessment in its bid to expand its business horizon in future. The management of the company intends to consult widely on the taxability, if any, on this line of action.

Required:

Assess the tax implication of this funding arrangement by Management of Kwame Enterprise Ltd.
(3 marks)

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AT – NOV 2021 – L3 – Q1b – Permanent Establishment | International Taxation

Discusses the tax implications of establishing a permanent establishment or a subsidiary in Ghana.

Muda Atesigbe is a major shareholder of Malka Ltd, a company based in Dubai–United Arab Emirates. As part of giving the company a global outlook, it intends to have a presence in Ghana. What is not too clear to the company’s management is the mode of entry into the country that would serve its business interests. It is contemplating establishing a company in Ghana or using the Permanent Establishment route to make its presence in Ghana.

Required:
He has tasked you, as a final level student of the Institute of Chartered Accountants, Ghana, to advise him on the tax implications of both routes and which is a better option. (8 marks)

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AT – Nov 2017 – L3 – Q3c – Business income – Corporate income tax

Identifying tax exposure on transfer from income surplus to stated capital.

In order to increase its stated capital, XYZ Ltd transferred an amount from its income surplus account. As a tax advisor, identify the types of taxes XYZ Ltd is exposed to on the above arrangement.

(4 marks)

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