A non-resident entity having a permanent establishment (‘PE’) in Ghana is subject to tax on income earned by such PE. The tax is levied at the same rate as for resident companies, i.e. at 25%. There is a branch tax at the rate of 8% on the (deemed) remittance of the after-tax income to the foreign head office.
As mentioned in Sec. 5.5., payments received by a person with respect to (i) the carrying of persons, cargo, mail or other tangible movable assets from Ghana other than as a result of transshipment, or (ii) the rental of containers or similar equipment that are supplementary or incidental to the business referred to under (i) are deemed to be sourced from Ghana. Likewise, payments received by a person in the business of telecommunications in respect of the transmission, reception or emission of messages by an apparatus located in the country, whether or not the messages originate, terminate or are used in Ghana, are deemed to be sourced from Ghana.
Non-residents deriving income from such businesses are assessed to tax at the rate of 15% on the gross proceeds from the business.
Ghana-sourced income earned by non-resident companies not having PE in Ghana is subject to withholding tax in the country, which is the final tax on such income (See Sec. 8.2.2. below).
Capital gains are considered as part of ordinary business income.