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Special Voluntary Disclosure Programme

Special Voluntary Disclosure Programme

 

Introduction

The Ghana Revenue Authority (GRA) has introduced a Special Voluntary Disclosure Programme (SVDP) which provides or gives an opportunity to non-compliant persons (individuals and entities) to disclose offshore assets and income to the GRA to regularize their tax affairs without incurring any penalties.

This policy is in line with the Multilateral Competent Authority Agreement (MCAA) and the Standard for Automatic Exchange of Financial Account Information in Tax Matters Act, 2018 (Act 967).

This document provides answers to Frequently Asked Questions on the SVDP.

 

Q1: What is the Special Voluntary Disclosure Programme (SVDP)?

A: The Special Voluntary Disclosure Programme (SVDP) is an opportunity offered by the Ghana Revenue Authority (GRA) to encourage individuals and entities resident in Ghana for tax purposes to voluntarily disclose any previously undisclosed financial accounts or income held abroad.

 

Q2: Who is eligible to participate in the SVDP?

A: Any individual or entity (companies, partnerships, trust, or other similar bodies) resident in Ghana for tax purposes who has undisclosed financial accounts or income held abroad and wishes to come forward and rectify their tax obligations is eligible to participate in the SVDP.

 

 

Q3: How does the SVDP work?

A: Under the Programme, you are required to make a voluntary disclosure to the GRA regarding your undisclosed financial accounts or income held abroad. Upon receipt of your application;

    1. GRA will review the disclosure and decline if invalid
    2. If your application is valid, the GRA will assess any tax liabilities;
    3. GRA will then work with you to regularize your tax affairs.
 

Q4: What are the benefits of participating in the SVDP?

A: By participating in the Programme

    1. You are relieved in respect of penalties for non-disclosure or making false/ misleading statements.
    2. You regularize your tax affairs and ensure compliance with tax laws.
 

Q5: What are the consequences of not participating in the SVDP?

A: If you do not voluntarily disclose your financial accounts or income held abroad you may face penalties, including financial penalties, and potential legal consequences for non-compliance with tax laws.

 

Q6: What do I need to provide in the SVDP?

A: You are generally required to provide

    1. Taxpayer Identification (Ghana Card/ Passport/ Taxpayer Identification Number (TIN))
    2. Information about your financial accounts abroad, including account numbers, financial institutions involved, and the income generated from these accounts.
    3. Any other relevant information/document.
 

Q7: What type of financial accounts must be disclosed for the SVDP?

A: Financial accounts may include bank accounts, investment accounts, depository accounts, custodial accounts, specified insurance accounts, etc.

 

Q8: Where can I disclose my information for the SVDP?

A: All disclosures must be made through the SVDP portal.

 

Q9: How do I register on the SVDP portal?

A: To register for the SVDP:

      1. Go to svdp.gra.gov.gh and click on Sign Up.
      2. Select the email provider you want to use to Sign Up
      3. Enter your email address
      4. Click on the verification link sent to your email (You will be redirected to the portal)
      5. Create a password to complete the Sign Up process
      6. You can login using the email address and password created

    NB: You can Sign Up only once

 

Q10: Are there any specific conditions or requirements to qualify for the SVDP?

A: For an SVDP application to be valid, a disclosure must:

      1. Be voluntary;
      2. Only involve offshore financial account information within the past 5 years;
      3. Be full and complete in all material respects;
      4. Be made in the prescribed form and manner;
      5. Not be in relation to an account already under audit.
 

Q11: Are there any timelines for participating in the SVDP?

A: GRA will announce the SVDP each year. The announcement will include the specific timelines for that year and the period it covers.

 

Q12: Can I make corrections or amendments to my voluntary disclosure?

A: Yes. You should provide accurate and complete information in your initial voluntary disclosure. However, if any errors or omissions are identified, it is crucial to promptly inform the GRA through the portal ONLY and rectify the situation by providing the corrected information.

 

Q13: Will my information disclosed under the SVDP be shared with other partner jurisdictions?

A: Your information will be kept strictly confidential. However, the information you disclose may be shared with other partner jurisdictions in accordance with relevant agreements and international standards.

 

Q14: Are there any safeguards for taxpayer confidentiality under the SVDP?

A: GRA is responsible for handling taxpayer information with strict confidentiality in accordance with relevant laws and regulations. In addition, GRA complies with the Information Security Management (ISM) framework governed by the Organization for Economic Co-operation and Development’s (OECD) Confidentiality and Data Safeguards standards.

 

Q15: Can I make partial disclosures under the SVDP?

A: No, you are required to provide full and accurate disclosure of your financial accounts or income held abroad.

 

Q16: Will participating in the SVDP automatically waive any tax liabilities?

A: No, participating in the Programme does not waive any tax liabilities. It is only penalties relating to the offshore account that will be waived.

 

Q17: Will GRA find my financial information if I do not voluntarily disclose it?

A: Yes. As a member of the Global Forum on Tax Transparency, the GRA exchanges information on a reciprocal basis with other partner jurisdictions. i.e., receives and sends taxpayer information including financial accounts of resident persons.

 

Q18: Can the SVDP agreement be cancelled by GRA?

A: Yes, A breach of any material term of the SVDP agreement by the applicant can result in a cancellation. For example, if payment is not made as agreed, GRA can cancel the agreement and all outstanding amounts including penalties shall be due and payable with immediate effect.

 

Q19: Can there be a withdrawal of the SVDP Relief granted by the GRA?

A: Yes. If subsequent to the conclusion of an SVDP agreement, it is established that you failed to disclose information that was material for purposes of making a voluntary disclosure, the Commissioner-General may:
• Withdraw part of or a full relief that has been granted;
• Regard any amount paid in terms of the voluntary disclosure agreement as part payment of any outstanding tax in respect of the relevant default;
• Impose any relevant sanctions resulting from the default; and
• Pursue prosecution for a tax offence arising from the default.

 

Q20: Can I seek professionals to assist with the SVDP?

A: Yes, you can seek the guidance of tax professionals, such as accountants or tax advisors, to assist you complete the form. These professionals can provide expertise and support in preparing the voluntary disclosure and ensuring compliance with the Programme’s requirements.

 

Q21: Who is a resident Ghanaian (Individual, Partnership, trust and Company) for tax purposes?

1. Individual is resident for tax purposes in Ghana if that individual is:
  a) a citizen, (except someone who has a permanent home outside Ghana and lives in that home for the whole of that year)
  b) present in Ghana during that year for an aggregate period of 183 days or more in any 12-month period that commences or ends during that year
  c) an employee or an official of the Government of Ghana posted abroad during that year, or
  d) a citizen who is temporarily absent from Ghana for a period of not more than 365 continuous days, where that citizen has a permanent home in Ghana.

2. Partnership is resident in Ghana for a year of assessment if any of the partners resided in the country at any time during that year.

3. Trust is resident in Ghana for a year of assessment if
  a) that trust is established in Ghana,
  b) a trustee of the trust is resident in Ghana at any time during that year; or
  c) a person resident in Ghana directs or may direct senior managerial decisions of the trust at any time during the year whether the directive is given.
    i. Alone or jointly with other persons; or
    ii. Directly or through one or more interposed entities.
4. Company is resident in Ghana for a year of assessment.
If
  (a) That company is incorporated under the Companies Act; or
  (b) The management and control of the affairs of that company are exercised in Ghana at any time during that year.

 

Q22: How is the SVDP different from the Tax Amnesty and the Waiver of Penalty and Interest?

A: The Tax Amnesty was a special dispensation carried out in 2018, to forgive taxpayers who owed accumulated taxes, penalties and interests up to and including the 2017 year of assessment, (Tax Amnesty Act, 2017 (Act 955))
The Waiver of Penalty & Interest was carried out from 2021 to 2022 to enable taxpayers make satisfactory arrangements to settle accumulated tax arrears up to December 2020. (Waiver of Penalty and Interest Act, 2021 (Act 1073) as amended)
The SVDP gives you the opportunity to voluntarily disclose information on accounts and income held abroad to avoid the penalties associated with those incomes. (Section 74 of the Revenue Administration Act, 2016 (Act 915) as amended)

 

Q23: How can I get more information or seek assistance regarding the SVDP?

A: Additional information regarding the Special Voluntary Disclosure Programme is available via the following channels:
• GRA website: www.gra.gov.gh
• By email: svdp@gra.gov.gh
• By phone: +233-030-394-1108
• Physical Address:
GRA Head Office,
Off Starlets 91 Road.
• Postal Address:
P. O. BOX 2202
Ministries, Accra

 

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