Fuel supply at risk if Customs tax model changes, COMAC warns

The Chamber of Oil Marketing Companies (COMAC) has warned that a new tax arrangement under Ghana’s Customs Act, 2026 (Act 1179) could create risks for fuel supply.

COMAC is calling for the immediate and indefinite suspension of Section 136 of the Customs Act.

The provision transfers responsibility for accounting for downstream petroleum taxes from Oil Marketing Companies (OMCs) and LPG Marketing Companies (LPGMCs) to Bulk Import, Distribution and Export Companies (BIDECs).

COMAC says the change could place significant tax and financing obligations on bulk suppliers. It also believes the new system could create a single point of failure in the fuel supply chain.

The Chamber said Section 136 “represents the most significant change to downstream petroleum taxation in recent years.”

RankMind

💡 READ NEXT: Business

Ghana records US$12.94bn in international reserves, BoG outlines new reforms

Nov 6, 2026

It also said the provision was enacted “without industry consultation, supporting evidence, or a published impact assessment.”

According to COMAC, the new arrangement changes the point of tax collection without addressing what it considers the main problem.

“COMAC believes Section 136 seeks to change the tax collection point rather than address the core issue, which in its view is the effective enforcement of existing controls,” the Chamber said.

Under Section 136, BIDECs would account for tax at the point of sale. The Commissioner-General would also be permitted to defer payment for up to 21 days against a bank guarantee.

COMAC is concerned about the impact of a possible BIDEC default.

💡 READ NEXT: Business

GoldBod sets US$1.2bn forex target after generating US$1.011bn in October

Nov 2, 2026

The Chamber says a single BIDEC could supply several marketers and retail outlets. As a result, a problem involving one bulk supplier could affect several businesses and consumers.

“Under Section 136, in COMAC’s assessment, deactivating one BIDEC could disrupt supply to multiple marketers and retail outlets,” the Chamber said.

COMAC contrasted this with the current system.

“Under the existing system, ICUMS can deactivate a single defaulting marketer without wider market disruption,” it stated.

ICUMS refers to the Integrated Customs Management System used in Ghana’s customs operations.

COMAC also questioned whether the new system would actually reduce the number of entities responsible for tax payments.

“There is no statutory cap on the number of BIDECs,” the Chamber said.

“In COMAC’s view, their number may grow to approach that of OMCs, which would not achieve the stated rationale.”

The Chamber is also concerned about the speed of tax collection under the new arrangement.

According to COMAC, marketers currently remit within 21 days, often on a cash-and-carry basis.

However, the Chamber says BIDECs have indicated during engagements that they may require at least 45 days.

COMAC believes this could “replace a fast collection cycle with a slower one.”

The Chamber has also raised concerns about financing costs.

It says BIDECs could be required to finance taxes before receiving payment from customers.

“By severing liability from liquidity, BIDECs would be required to pre-finance taxes before payment is received,” COMAC said.

The Chamber warned that the additional financing and guarantee costs could eventually affect consumers.

“In COMAC’s view, the resulting borrowing and guarantee costs risk being passed through to consumers, with potential double collateralisation under Section 136(5),” it stated.

COMAC has also raised concerns about what it describes as conflicting tax provisions.

“Section 126(6) of the Act fixes the tax point at 21 days after the close of a lifting window, while Section 136 fixes it at the point of sale with a separate 21-day deferral,” the Chamber said.

COMAC believes the provisions could create uncertainty over the applicable tax point for the same consignment.

The Chamber wants the government to retain the existing tax collection framework.

Under that system, BIDECs would continue to pay import duties and port charges at importation. OMCs and LPGMCs would continue accounting for taxes and levies at the ex-pump stage.

COMAC is also calling for greater transparency over credit-limit breaches and system overrides.

The Chamber says weaknesses in the enforcement of existing controls contributed to problems in the current revenue collection system.

“Existing ICUMS controls, including credit limits and automated restrictions, were not consistently enforced, with system overrides allowing operators to exceed approved limits,” COMAC said.

The Chamber believes stronger enforcement, rather than a change in the collection point, is the appropriate response.

“Until override access is restricted, properly authorized, time-bound, and fully traceable, Section 136 risks repeating the same challenge at a national scale,” it stated.

COMAC has given the Ministry of Finance 14 days to announce the suspension of Section 136.

If that does not happen, the Chamber says it will convene an emergency general meeting.

The meeting will consider further steps through what COMAC described as “all legitimate administrative, regulatory, and legal channels.”

Despite its concerns, COMAC says it does not want to disrupt fuel supply.

“COMAC has no interest in disruption, given the essential service its members provide to households and businesses,” the Chamber said.

However, it added that the industry has concerns about operating under the new framework.

“The industry, however, is unable to operate with confidence under a framework that has not been tested, explained, or justified, and which in its view shifts the risk of enforcement failures to operators and ultimately to the Ghanaian consumer.”

COMAC says it remains open to working with the government on revenue assurance and compliance.

“The Chamber remains committed to partnering with Government to strengthen compliance and revenue assurance under the existing mechanism, on the basis of evidence, accountability, and mutual respect,” it stated.