A company is resident if it is incorporated under the laws of Ghana or has its management and control exercised in Ghana at any time during a year of assessment.
Permanent establishment (PE)
The Income Tax Act, 2015 (Act 896) (ITA) recognises both Ghanaian PE and foreign PE.
A Ghanaian PE includes:
- a place in the country where a non-resident person carries on business or that is at the disposal of the person for that purpose
- a place in the country where a person has, is using, or is installing substantial equipment or substantial machinery
- a place in the country where a person is engaged in a construction, assembly, or installation project for 90 days or more, including a place where a person is conducting supervisory activities in relation to that project, or
- the provision of services in the country.
A foreign PE means a fixed place of business situated in a foreign country where the business is conducted continuously for at least six months, but excludes any place at which only activities of a preparatory or auxiliary nature are conducted.