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Stop any plan to implement e-levy else we’ll sue – #FixTheCountry tells GRA

Convenors of #FixTheCountry movement, together with two non-governmental organizations (NGOs) – Democracy Hub and Democratic Accountability Lab –

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The Deputy Ranking Member on Parliament’s Communications Committee, Sam Nartey George has raised concern about the preparedness of government ahead of the implementation of the Electronic Transfer Levy (E-levy). According to him, the system acquired to facilitate the implementation of the tax policy lacks the ability to identify exempted transfers. He noted that the Ghana Revenue Authority (GRA) has admitted that all transactions done when the system is in place, will attract a 1.5% levy since crucial analysis that authorise it to operate, has not been carried out yet. JoyNews/AdomNews · E-levy: System for implementation lacks ability to identify transfer exemptions – Sam George “Imagine what is going to happen to mobile money agents on the street when customers are charged the rate government has clearly stated that they are exempted. Won’t people attack them for fraud? But this is simply because the GRA and the Finance Ministry have failed to do their work properly,” he stated. He continued, “everybody is telling them that their systems are not ready, you haven’t done your user acceptability test, compatibility test, stress analysis test, so slow down, but they [government] don’t want to listen to sound advice. Speaking on Joy FM’s Midday News, on Thursday, the Ningo-Prampram legislator revealed that despite warnings from various stakeholders, government is unconcerned about the issue. “They are running their thing without consulting Parliament or the Communications Committee. But I know that technical people in the industry who are supposed to be part of the implementation are raising issues and they are not getting the responses that they want,” he said. Following the passage of the controversial E-Levy Bill, GRA said it is well prepared to roll it out on Sunday, May 1, 2022.

Convenors of #FixTheCountry movement, together with two non-governmental organizations (NGOs) – Democracy Hub and Democratic Accountability Lab – have served the Commissioner-General of the Ghana Revenue Authority (GRA) Mr Ammishaddai Owusu-Amoah, with a letter asking the authority not to go ahead with the implementation of the e-levy.

The movement drew the attention of the Authority to several decisions of the Supreme Court which, in their view, specify that any conduct including the decision by the Authority to commence the implementation of the e-levy on the 1st of May 2022, will expose the Authority, and the Commissioner-General to contempt charges.

In its letter “#FixTheCountry notified the Ghana Revenue Authority that according to the law, whether or not an injunction application has been filed or heard, the Authority is required to refrain or abstain from taking any step that renders that prevents the court from discharging its judicial function and brings the authority and administration of the law into disrespect.

“In this connection, the Convenors note that the Authority cannot start from implementing the Electronic Transfer Levy Act 2022 (Act 1075) until a competent Court declares otherwise.

“The Convenors ask that the Ghana Revenue Authority retreat immediately from its intention to commence the implementation of the Electronic Transfer Levy Act 2022 (Act 1075).

“The Convenors indicate that should the Authority fail to comply with the law, they are prepared to take all law-based actions, including direct actions to prevent the violation of the Constitution, as required under Articles 3 and 42 of the 1992 Constitution; to the initiation of contempt proceedings against the Commissioner-General and the Authority should it fail to observe the law.”

The Finance Minister Ken Ofori-Atta earlier revealed that the implementation of the e-levy would start in May this year.

“We had some meetings with Controller and Accountant Generals Department (CAGD) and the Ghana Revenue Authority (GRA) and they have said right at the beginning of May they should be able to put their system together,” he told TV3’s Roland Walker in Parliament after President Nana Addo Dankwa Akufo-Addo delivered the State of the Nation Address on Wednesday March 30.

The E-levy was passed by Parliament on Tuesday March 29 after the third reading in the House. The Minority staged a walkout during the second reading. They walked out after their leader Haruna Iddrisu said the NDC MPs remained united in opposing the policy.

On Tuesday April 19 the Minority in Parliament filed an application at the apex court to block the commencement of the e-levy deductions.

Hearing of the application will take place on May 4.

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