March 20, 2019

Prospects as Nigeria Grows VAT Revenue

The contribution of value added tax to Nigeria’s revenue base has witnessed a consistent growth in the last six years. Given the trend, taxation on goods and services consumed by Nigerians should become a major source of revenue for government to drive growth and development in the near future, writes Bamidele Famoofo Revenue There are indications that the drive of Nigeria’s government to increase revenue through other means than oil is beginning to yield some fruits. For instance, the Federal Inland Revenue Service (FIRS) showed that it remitted more revenue generated from tax to the purse of the Federal Government in 2018 more than it has ever done in the history of the country. Chairman, FIRS, Babatunde Fowler, recently announced the N5.3trillion remitted as total revenue into government’s coffers as at December 31, 2018. According to him, FIRS generated N5.3trillion in 2018, the highest in Nigeria’s history. Before 2018, the highest revenue FIRS ever realised from taxation was N5.07trillion in 2012. After the peak performance in 2012, tax revenue declined to N3.31trillion in 2016, but moved up to N4.03trillion in 2017. The figure further improved by 32 per cent to N5.3 trillion in 2018. The target for 2019, according to FIRS, is N8.0trillion. “While revenue from tax is growing, cost of collection of revenue is going down”, Fowler, however, lamented. VAT The contribution of VAT is growing as total tax revenue of government is growing. In 2018, VAT accounted for 21per cent of tax revenue collected by FIRS. In the last six years, VAT has recorded a 130 percent growth from N481.58 billion in 2013 to N5.30 trillion in 2018. Aggregate contribution of VAT to total tax revenue in six years (2013-2018) is estimated at N4.63 trillion, according to figures supplied by the National Bureau of Statistics (NBS). VAT in Nigeria is a consumption tax that was instated by the Value Added Tax Act of 1993. It is a federal tax, which is managed by the Federal Inland Revenue Service. VAT is charged on most goods and services provides in Nigeria and also on goods imported into Nigeria. Businesses add VAT to the sales price of the goods or services they offer in Nigeria. They also pay VAT, just like consumers, on goods and services they consume. VAT is calculated at a flat rate of five percent of the cost of service and products and is charged on a wide array of goods and services in Nigeria. Meanwhile, there are some exemptions. Some items that are exempted from VAT include all exports goods and other products like: Medical, Veterinary and Pharmaceutical raw materials and products. Basic food items (any unprocessed staple food item. packaged or not packaged) Other items on the list are agricultural equipment and products, some diplomatic goods (based on federal government duty free concessions), Infant food, books, newspaper and magazines. Breakdown of the performance of contribution of VAT to tax revenue since 2013 showed that the figures have been on the increase in the last six years till date. VAT stood at N481.58 billion (local collections only, excluding foreign collection) in 2013. But the figure increased by 2.57 per cent fromN481.58 billion in 2013 to N493.95 billion in 2014, which also represents local collections only, excluding foreign collection. VAT revenue, however, recorded an unprecedented growth of 61 per cent to N795.43 billion in 2015 from N493.95 billion in 2014. Between 2015 and 2016, revenue dropped by 2.25 per cent from N795.43 billion in 2015 to N777.50 billion in 2016. A 25.1 per cent growth recorded in 2017 inched VAT revenue close to the one trillion mark achieved in 2018. Revenue from VAT moved to N972.35 billion in 2017, representing a 25 percent increase from N777.50 billion level achieved in 2016. The achievement in 2018 was unprecedented at N1.11 trillion representing 14.2 per cent increase from N972.35 billion recorded in 2017. Contribution by Sector The mining sector of the economy emerged the biggest contributor to VAT revenue in 2018 with N182.54billion, which represents an increase of 34.8 percent year-on-year (yoy). As contained in the NBS report on VAT for fourth quarter in 2018, other manufacturing sector came next to mining in terms of total contribution to VAT in full year ended December 31, 2018 with N122.90billion, representing 2.76 percent growth year on year. The sectors in the top five categories in their contribution to VAT growth in 2018 include Professional services, N86.28billion reducing its contribution by -1.42 per cent year on year in the review financial year ended December 31, 2018. The commercial and trading sector, however, increased its quota to VAT revenue by 27.4 per cent year on year to N63.06 billion while VAT revenue from state ministries and parastatals moved up 5.05 percent to N42.95 billion in 2018 to emerge fifth largest contributor to VAT. Sectors that featured in the top 10 ranking in contribution to VAT in 2018 are oil producing, N37.45 billion, dropping -17.02 percent compared to its performance in 2017. The breweries, bottling and beverages sector recorded a marginal growth of 0.61percent to N35.93 billion; Federal ministries and parastatals ranked 8th on the performance list with N19.44 billion representing a 4.88 per cent decline from the figure posted in 2017, while banks and financial institutions also recorded a drop to by 10.88 per cent in 2018 to about N18.50 billion. Other VAT contribution accounted for N12.94billion representing a growth of 32.3 per cent year on year. Notably, agricultural and plantations recorded a growth of about 32.0 per cent in the review period suggesting that efforts of government to diversify the economy through investment in the sector is beginning to yield some desirable result. The sector contributed N2.47 billion to gross VAT revenue in the review period as it recorded a quarter to quarter (Q4, 18 vs. Q4, 17) growth of 88.72 percent in 2018 Q4 2018 Sectoral distribution of Value Added Tax (VAT) data in fourth quarter, 2018 reflected that the sum of N298.01billion was generated as VAT in Q4 2018 as

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Many businesses are not ready for a future that will require new accountancy skills – ACCA

The Association of Chartered Certified Accountants (ACCA) has launched a campaign – supported by one of the largest ever global studies across the profession – on the skills accountants need as they head into the next decade. ACCA’s body of research shows there are diverse emerging issues where technical and communication skills will be vital by 2020–25. What topped the list of competencies expected to be most important over the next decade is the ability to communicate a more holistic view of corporate reporting. Thomas Isibor, head of ACCA Nigeria, said: ‘New hardware, software, economic threats, services and regulations are all arriving at a breakneck speed and all of these changes will have a significant impact on commerce. Mr  Isibor Added: ‘For FDs and CFOs, the trick is identifying what changes will have the most impact on business and how can best to prepare to meet—and take advantage of—these challenges now.’ According to the ACCA Business Forms report, business activities are an essential part of every society. Their success, especially when first starting up, depends on many social and economic variables, but one of the most important things is what legal form the business adopts. Sympathetic and pragmatic advice from experienced experts in the field can make a real difference to the success of the venture. Previous ACCA research has shown that the value ascribed to an accountant’s advice to small business comes not simply from the professional qualification but also from the client’s perception of the adviser as a peer, who has faced the same challenges and decisions in establishing their own business (Spence et al. 2012). ACCA’s report also noted that: ‘A detailed familiarity with local tax and capital movement laws and business practices will also be needed to work across (and with others in) multiple geographies’. Speaking on how to attract and retain these skills, Mr Isibor said: ‘Identifying these critical skills is one thing. Creating a workspace that attracts, rewards and amplifies them is something else entirely. It’s here where we must confront the much vaunted, and often maligned, generation known as millennials. But there is good news for the profession. The ACCA report clearly highlights that business success involves meeting, adapting and sometimes creating change. The pace of change has increased substantially over the past few years.   Source: Brandsprung

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Tax: Anambra revenue board set to audit companies

The Anambra state Internal Revenue Service (AIRS) says it would on April 1st, 2019, embark on annual audit of companies, businesses and institutions operating in the state in oder to confirm their level of adherence to deduction and remitting of income taxes. The executive chairman of AIRS, Dr. David Nzekwu, who disclosed this in a press conference in Awka on Friday, explained that the exercise was backed by relevant tax laws. Nzekwu said it was expected that every company operating in the state should at the beginning of every year file in their annual returns before 31st January, with details of employees working with them from whom they make Pay As You Earn (PAYE) deductions.  He said: “In addition, the companies are also expected to file in their own returns as a company to the board of internal revenue before 31st March. It is established that any company that fails to file in their tax returns within this period will pay penalty of N500,000. While the penalty for individual is N50,000. It is well spelt out in section 81 and section 41 under the relevant subsections of personal income tax 2011 as amended. He however, commended businesses and companies operating in the state for their compliance to tax payment, adding that it was responsibilities of every citizen and corporate entities to adequately and promptly pay their taxes. On tax evaders, the AiRS chairman, he said the agency would continue to follow due processes, which include obtaining court judgement and executing them accordingly, like it did some months back when it sealed off all branches of United Banks of Africa (UBA) in the state.   Source: Blueprint

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Nigeria Tax: Public-Private-Partnership And Road Infrastructure Development In Nigeria: Understanding The Presidential Executive Order No. 007 Of 2019.

The Federal Government of Nigeria (“FGN”), in furtherance of its commitment to infrastructure development being a key growth driver and economic development enabler; issued the Companies Income Tax (Road Infrastructure Development and Refurbishment Investment Tax Credit Scheme) Order, 2019 otherwise referred to as the Presidential Executive Order No. 007 of 2019 (“EO7” or the “Order”). Made pursuant to the executive powers of the Federation, as vested in the President by the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and section 23(2) of the Companies Income Tax Act (“CITA” – Cap C21, Laws of the Federation of Nigeria, 2004), the Order established the Road Infrastructure Development and Refurbishment Investment Tax Credit Scheme (“the Scheme”) as a Public-Private-Partnership (“PPP”) intervention in the delivery of good roads across the length and breadth of the country. Pursuant to the EO7, private companies will be able to finance construction or refurbishment of federal roads designated as “Eligible Roads” under the Scheme and recoup their investments by utilizing the approved total costs expended on the particular Eligible Roads, as a credit against the annual Companies Income Tax payable by such private companies in the corresponding year of assessment. The value of the credit due to a private sector partner, known as the Road Infrastructure Tax Credit (“Tax Credit”), as calculated in accordance with the terms of the Scheme, will be reflected on the Road Infrastructure Tax Credit Certificate (“Tax Credit Certificate”) to be issued by the Federal Inland Revenue Service (“FIRS”), in line with the conditions stipulated in the Order. In specific terms, the Scheme, which has a duration of ten (10) years from the date of commencement of the EO7, is set up to: enable the FGN leverage on private sector funding for the construction or refurbishment of Eligible Road infrastructure projects in Nigeria; focus on the development of Eligible Road infrastructure projects in an efficient and effective manner that creates value for money through private sector discipline; and guarantee Participants in the Scheme timely and full recovery of funds provided for the construction or refurbishment of Eligible Road infrastructure projects in the manner prescribed in the EO7. This article provides a synopsis of the Regulations for the Administration and Operation of the Scheme; Eligible Roads; Participants; and application of the Tax Credit granted under the Scheme. ELIGIBLE ROAD The EO7 defines an Eligible Road as any road approved by the President as eligible for the Scheme on the recommendation of the Minister of Finance and as duly notified to Participants and published pursuant to the Order. Such recommendation, however, is expected to be made from a list of roads presented to the Minister of Finance by the Road Infrastructure Development and Refurbishment Investment Tax Credit Scheme Management Committee (“the Committee”), being the implementing and administrative body to be established pursuant to the EO7. As provided in the EO7, the list of Eligible Roads may be updated from time to time by the President on the advice of the Minister of Finance provided that such updates are published in the Official Gazette of the Federal Republic of Nigeria (“FRN”). ADMINISTRATION AND OPERATION OF THE SCHEME The Scheme is to be implemented and administered by the Committee established by the EO7. As provided in the Order, the Committee is expected to: be chaired by the Honourable Minister in charge of Finance while the Honourable Minister in charge of Works is to be the Deputy Chairman. The Permanent Secretary, Federal Ministry of Finance is to act as the Secretary; draw its members from specified Ministries, Departments and Agencies (“MDAs”) of Government (not below the rank of a Director or its equivalent). The relevant MDAs include the Federal Ministry of Finance; Federal Ministry of Power, Works and Housing; Federal Ministry of Industry, Trade and Investment; Federal Ministry of Justice; Bureau of Public Procurement; FIRS; Nigerian Investment Promotion Commission; Securities and Exchange Commission (“SEC”); Infrastructure Concession Regulatory Commission; Budget Office of the Federation; National Bureau of Statistics; Nigerian Investment Sovereign Authority; and The Presidency; facilitate publication, in the prescribed manner, of the following documents: (i) a list of Eligible Roads as published in the Official Gazette of the FRN; (ii) design and specification of Eligible Roads; (iii) a list of required documentation by an applicant desiring to be registered as a Participant in the Scheme; (iv) Project Cost and Completion Timeline bid; review and evaluate applications submitted by any company, or a pool of companies operating through a Fund Manager; register Participants in the Scheme pursuant to the execution of appropriate Memorandum of Understanding (“MOU”) executed between Participants and the Committee; register and designate as an Infrastructure Fund, any special purpose vehicle (“SPV”) set up by a Fund Manager in accordance with the provisions of the Order, in conjunction with the SEC and in compliance with applicable SEC rules and procedures, as appropriate; ensure that the contracts for road construction and refurbishment included in the Project Cost bid submitted by Participants are obtained through a competitive bidding process, and thereafter facilitate the review, evaluation and approval of the submitted Project Cost and Completion Timeline bid; applying the standard procedures adopted by the Federal Ministry in charge of Works;     facilitate evaluation by the Federal Ministry in charge of Works, the degree of completion of an Eligible Road infrastructure development project and thereupon issue a certificate of work done on an annual basis;     facilitate the issuance, on an annual basis, of a Tax Credit Certificate by the FIRS to a Participant or Beneficiary under the Scheme; within fourteen (14) days of the issuance by the Committee of the certificate of work done;     do other things, specifically provided in the First Schedule to the Order, necessary for the effective administration and operation of the Scheme. PARTICIPANTS Participation in the Scheme is open to the following set of entities:  any company or corporation (other than a corporation sole) established under the Companies and Allied Matters Act or any law in force in Nigeria, and designated as

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