COMAC pushes for suspension of sections of Customs Act 2026

The Chamber of Oil Marketing Companies (COMAC) has requested that sections of the Ghana Revenue Authority's (GRA) Customs Act 2026 be suspended due to insufficient industry consultation. COMAC opposes Section 136 of the act, which transfers the entire downstream petroleum tax obligation from oil and LPG Marketing Companies to Bulk Import, Distribution, and Export Companies (BIDECs).

They argue that this change, introduced without proper consultation, poses significant risks to operators, the industry, and the national economy. COMAC points out that Section 136(3) requires BIDECs to account for tax at the point of sale, while Section 136(5) allows the Commissioner-General to defer payment for up to 21 days via a bank guarantee.

This shift in liability from oil and LPG Marketing Companies to BIDECs is seen as problematic, as it transfers responsibility currently secured by guarantees and bonds to the bulk-supply tier. COMAC also raised concerns about the enforcement of the act, stating that enforcing it would likely result in a national supply shock, while allowing arrears to accumulate would be more feasible.

They identified other issues, such as the creation of fiscal distortion and double collateralization, lack of consultation, and internal inconsistencies in the act. COMAC emphasized the need for immediate attention to these concerns and expressed willingness to engage constructively with GRA to safeguard members and national energy security.