TIO NO. 2025/002: IMPLEMENTATION OF THE ENERGY SECTOR LEVIES ACT, 2025 (ACT 1135)
1.0 INTRODUCTION
The Energy Sector Levies Act, 2025 (Act 1135)was introduced to consolidate existing energy sector levies to promote prudent and efficient utilisation of proceeds generated from the levies to address energy sector shortfall payments, energy sector legacy debts, and provide for related matters.
This TIO NO. 2025/002 is issued to emphasise and enforce implementing changes resulting from the enactment of the Energy Sector Levies Act, 2025 (Act 1135). This order relates to the aspects of the Act for which the Collecting Agency of the imposed levies is the Ghana Revenue Authority.
2.0 APPLICABLE LEVIES UNDER THE ACT
The new rates applicable under the Energy Sector Levies Act, 2025 (Act 1135) are listed as follows:
3.0 REPEALS AND SAVINGS
Section 7(1) of the Energy Sector Levies Act, 2025 (Act 1135) repealed the following enactments:
(a) The Energy Sector Levies Act, 2015 (Act 899);
(b) The Energy Sector Levies (Amendment) Act, 2017 (Act 946);
(c) The Energy Sector Levies (Amendment)Act, 2019 (Act 997); and
(d) The Energy Sector Levies (Amendment) Act, 2021 (Act 1064).
Note, however, that despite the repeal of the enactments listed above, a right, a liability or an obligation in existence immediately before their repeal shall continue in existence until the right, liability or obligation is exercised or terminated.
In addition to the taxes collectable under the Energy Sector Levies Act, 2025 (Act 1135), taxes collectable under the following legal provisions shall still apply
(a) Special Petroleum Taxes Act, 2014 (Act 879), as amended by Special Petroleum Tax (Amendment) Act 2018 (Act 965)
(b) The export duty on Aviation Turbine Kerosene for international flights per Tariff No. 4A.6 of Part A of the Fourth Schedule to the Customs Tariff Schedules of Ghana
4.0 TRANSITIONAL ARRANGEMENT
(a) Petroleum products lifted by a Petroleum Product Marketing Company (PPMC) before the 1st of June 2025 shall be based on the taxes that prevailed at the time of lifting.
(b) Any payments by a cash-and-carry PMMC for which the product will be lifted after the effective date of this order (1st June 2025) will be affected by the new tax regime.
(c) Per Section 48 of the Customs ACT 2015(Act 891):
i. Any BOE with a tax bill duly paid before the effective date, but undergoing a post-entry, will not be subject to the new tax regime.
ii Any cash-and-carry BOE that has been assessed and/or accepted but the tax bill has not been paid before the effective date will undergo reprocessing for the new tax regime to take effect.
iii. Any liabilities in relation to the payment of the Price Stabilisation Fee before the effective date of this order shall be made to the National Petroleum Authority (NPA).
5.0 EFFECTIVE DATE
The effective date for this order is 1st June 2025 and affects all petroleum products not lifted before the effective date, and for strict compliance.
Issued by GRA Management
