TAX GIFT

Properties as a gift, however, are subject to a market value gift tax for the total gifts received. A flat rate of 15 percent is charged for gift tax. dollar plus qatar

Gifts falling within the following categories are tax-free:

Made under an interstate or will

Made between spouses, children and close relatives specified (brother, sister, aunt, uncle, nephew or niece)

Made for the benefit of the public or sectors of religious bodies

Made for educational or charitable purposes

LAW INHERITANCE

Thanks to the law firm David Hesse of Hesse & Hesse

What heritage laws are applicable in Ghana?

Ghanaian laws on heritage affect anyone owning property in Ghana.

The main laws concerning heritage in Ghana are as follows:

Republic of Ghana Constitution, 1992

Estates Act Administration, 1961 (Act 63)

Law of Will, 1971 (Act 360)

Law of Intestate Succession, 1985 (PNDC Law 111)

Intestate Succession Amendment Legislation, 1991 (PNDC Law 264)

Transfer Act, 1973 (NRCD 175)

Law on marriages, 1884 - 1985 (Cap 127)

Ghanaian law emphasizes that the law of the location of the property in relation to immovable property is applicable.

The High Court in Ghana is responsible for dealing with issues of heritage.

The High Court is competent to decide on property owned by foreigners in Ghana. The Circuit and District Courts can also handle heritage problems if their value does not exceed their legal limits. The particular facts or merits of individual cases determine the length of the proceedings of the Court but heritage cases are disposed of, on average, within three months.

Intestate laws on the succession of foreigners in Ghana are applicable.

The 1985 Intestate Succession Act (PNDCL 111) applies automatically to foreigners and citizens of Ghana who die without their assets in Ghana but do not make a will, subject to private international law. However, experience has shown that many Ghanaians do not comply with the provisions of PNDC Law 111 in fear of their property being dissipated. Most families still rely on customary law requirements.

In the absence of a will, the entire estate of the deceased, under the PNDCL 111 rules, is transferred to the next child. The obligatory beneficiaries are the deceased's children, spouses and parents. The fraction of the estate distributed to each heir depends on the number of heirs participating in the distribution.

The surviving spouse and/or children have the right to all the deceased's household chattels. If the property contains one house, the surviving spouse and/or children have the right to own it. If the property comprises more than one house, the spouse and/or children who survive must decide how the homes are moved and own the houses as joint owners. If there is disagreement, or if they are unwilling or unable to make such a choice, it is possible for the High Court, at the request of the land manager, to determine which house is transferred to the spouse and/or children.

If the departed person does not have a family, the General Administrator is responsible for the payment of debts, fees, expenses and liabilities and pays the balance to the General Accountant. The Accountant General, in turn, shall inform the Prosecutor General, who shall publish the accounts, shall announce the end of the management of the estate and shall invite applicants to present their petitions to the Court on legal, equitable or moral grounds. Fair or moral claims concern those of the deceased's dependants or other persons for whom it is reasonable that the deceased should have made provision. Claimants shall be required to file a claim by the Attorney General for two years, unless the court has fixed a shorter time. Any order issued by the court regarding the petition shall be published.