March 26, 2019

Implications of FGN’s Increase of VAT Rate to Pay for the New Minimum Wage

The Minister for Budget and National Planning, Udoma Udo Udoma and the Executive Chairman of the FIRS, Babatunde Fowler hinted during an interactive session with the National Assembly on Tuesday 19 March 2019 that VAT rate is likely to go up to enable government fund the new minimum wage of N30,000 per month approved by the National Assembly. FIRS subsequently clarified that the intention is to increase compliance rate and not tax rates but says Nigerians should be ready for a VAT rate increase by the end of 2019. Potentially this means an increase of about 50% will raise the current standard VAT rate of 5% to 7.5%. The question is, should government increase VAT rate? To put things in perspective, the average VAT collection in the past 6 years is about N900 billion. The revenue is shared 15% to the Federal Government, 50% to States and 35% to LGs net of 4% cost of collection to FIRS. If the rate is increased by 50% (all things being equal) we will generate on average an additional N450 billion annually. Less 4% cost of collection to FIRS, all 36 states will get 18 billion per month translating to an average of N500 million per state. Since Lagos, FCT, Rivers, Kano and Kaduna generate 87% of VAT revenue, they also share a big chunk of VAT revenue, meaning that the financially disadvantaged states will get much less than N500 million monthly. Unfortunately all things are never equal especially when it comes to tax. An increase in VAT rate will inevitably impact on consumption and VAT compliance. The combined effect will reduce the expected revenue. “Contemplating an increase in VAT rate now is bad timing and inconsistent with current economic reality. VAT increase will lead to higher inflation, interest rate hike, more unemployment and generally make people poorer. Any increase in VAT rate without a registration threshold and zero rating of basic consumption will increase burden on the poor and SMEs contrary to the 2017 National Tax Policy. Trying to expand the VAT net while also increasing VAT rate at the same time is a faulty tax strategy. Nigeria can make twice as much from VAT at current rate by reforming the law, expanding the net and ensuring robust administration rather than by increasing rate.” Beyond the revenue impact, there will be other unintended consequences including: higher inflation, interest rate hike, more unemployment and people will generally become poorer. without a VAT registration threshold and zero rating of basic consumption it will increase the burden on the poor and SMEs contrary to the 2017 National Tax Policy. seeking to expand the VAT net while also increasing VAT rate at the same time is a conflicting strategy. Rather than the seemingly easy way out of raising rates, what can Nigeria do? Nigeria can make twice as much from VAT at current rate by reforming the law, expanding the net and ensuring a robust administration rather than by increasing rate. This should include a review of VAT waivers, better policing of the border to improve import VAT collection, framework for VAT on imported services and digital economy. Contemplating an increase in VAT rate now is bad timing and inconsistent with current economic reality. In any case the likely increase in revenue will not be sufficient to pay the new minimum wage.   Source: Investadvocate

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Fowler Calls For Increase In VAT Collection in Nigeria

Mr Tunde Fowler, the Executive Chairman, Federal Inland Revenue Service, FIRS on Tuesday called for an increase in the number of Nigerians and companies paying VAT and not a 50 per cent increase in VAT rate. The FIRS Executive Chairman called for a reduction in Companies Income Tax (CIT) rate for small businesses so as to improve compliance. Though he indicated that there should be an increase in VAT rate by the end of the year, he NEVER, for once suggested a 50 per cent hike of any percentage increase at all. Rather, he promised improved collection in CIT, Petroleum Profits Tax, PPT and VAT in 2019 relative to the collection performance of the Service in 2018. In 2018, FIRS collected the sum of N1.1 trillion in VAT N1,42 in Companies Income Tax (CIT) and N2.4 trillion in Petroleum Profits Tax (PPT). According to Fowler “One issue about taxation is that it should be fair to all. We have discovered after the VAIDS (Voluntary Assets and Income Declaration Scheme) that a high percentage of businesses are collecting VAT and not remitting. We’ve also tried to address this issue.  We’ ve issued new VAT certificates. We have appealed to the public that if they are charged VAT and they are not sure it had been remitted they should contact us. We even gave a small promotion that for every 25 names, that they give to us, we give them a little gift either a power bank or something to show appreciation”. The Chairman of FIRS was entertaining questions yesterday from members of the Senate Finance Committee.   Source: Proshare

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FIRS Resumes “Freezing” of Taxpayers’ Bank Accounts

Summary Following the suspension of lien placed on the bank accounts of alleged non-compliant taxpayers in February 2019, the Federal Inland Revenue Service (FIRS) has directed banks in Nigeria to resume restriction of bank accounts of a number of taxpayers for alleged non-payment of taxes effective 15 March 2019. Details Earlier in the year, the FIRS had directed a number of commercial banks to place a lien on the bank accounts of a number of taxpayers for alleged non-payment of taxes. However, on 15 February 2019, the FIRS, in a letter, directed banks in Nigeria to suspend the lien placed on the bank accounts for a period of 30 days. (Read our tax alert on the suspension of lien here). Following these events, the FIRS has issued a Public Notice (PN) stating that the restriction on the bank accounts of alleged non-compliant taxpayers would continue effective 15 March 2019. In addition, the PN specifically requires companies that have a minimum annual banking turnover of ₦100 million and have failed to remit Withholding Tax and Value Added Tax to the government to register for tax before the 15th of March to avoid restriction of their bank accounts. Implication The powers of the FIRS to direct the freezing of taxpayers accounts still generates a number of controversies as there are concerns that this FIRS’ approach to recover unpaid taxes may not be consistent with the relevant provisions of the legislative framework in Nigeria. (Read our article on the powers of FIRS to freeze taxpayer’s accounts here). Notwithstanding the above, taxpayers whose accounts have been frozen are advised to liaise with their tax consultants to resolve any issues with the FIRS amicably. Andersen Tax has a hands-on Tax Dispute Resolution Desk that is available to provide information to taxpayers regarding tax reconciliation and assist with tax dispute resolution.   Source: Andersontax

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Anderson Tax Unveils Report on Transfer Pricing

Anderson Tax Wednesday launched its review on Transfer Pricing (TP) Development in Africa, in Lagos. The 45-page report was aimed at providing tax payers and investors with the required insight into TP in Sub-Sahara African countries, particularly Nigeria. Addressing journalists, the Chairman, Anderson Tax Africa, Mr. Seyi Bickersteth, said the “report presents our findings from our survey of Nigerian taxpayers.” “The survey was administered to persons in various positions including tax managers/directors, chief financial officers and heads of finance in leading organizations across major industry sectors. He said: “Prior to the release of the revised TP regulations, the survey was administered on 24 participants while after release of the regulations, 100 people participated in the survey. The survey elicited responses in respect of TP compliance, TP risk assessment, TP audit, dispute resolution as well as APA.” In his address, the Partner and Head, Transfer Pricing Group, Anderson Tax Nigeria, Dr. Joshua Bamfo said: “What we have tried to do is to do an in-depth review and research, that we would be able to present to multinational enterprises and other foreign direct investors, as to; what are the requirement when it comes to transfer pricing of the agency across the sub-regions, what are some of the compliance issues, what are some of the challenges be it audit as pertaining within the sub-region? “With these information, we believe that they will be well equipped in factoring when they are making planning decisions in other to enter this market. “If you look at it from the above perspective, one of the objectives of this particular report is to help multinational enterprises to make informed decisions when they decide to make investments in the Sub- Saharan African sub-region. “In the same token, when we look at it from the perspective of the government of this same sub-region, this is very helpful to them. This is because most sub-Sahara countries wants foreign direct investments as a means of creating job opportunities for their citizenry, and to do that, you will want foreign direct investors to be comfortable and confident that when they come in, they are not going to face cynical obstacles. “So in the area of Transfer Pricing; in particular, the area of taxing, we want to be able to help government to ensure that there is clear ease of doing business, and there is clarity in terms of the challenges that foreign direct investors would face.”   Source: Thisdays

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CAC’s Cost-friendly Business Registration Exercise Ends This Month

The cost-friendly Business Incentive Strategy (BIS) rolled out in October last year by the Corporate Affairs Commission (CAC), would end this month. The BIS is primarily to ensure formalization of businesses by MSMEs for the overall benefit of the economy. The Commission has so far registered over 73,000 companies in the last three months under the BIS. Acting registrar-general of the Commission, Lady Azuka Azinge, who disclosed this yesterday in Abuja, said when compared to the corresponding year of 2017, when about 30,000 companies were registered, the BIS had been very successful. The BIS involves the reduction in fees from N10,000 to N5,000 initially for 3 months starting from  October 1, to December 31, 2018, but Azinge said based on popular demand, the period was extended by another three months beginning from January 31 to March, 2019. She said the BIS is Commission’s contribution to the development and growth of the MSMEs in Nigeria. Azinge also hinted that as at today, business names certificates were yet to be collected by their owners in the Commission’s offices nationwide. She therefore implored those concerned to come forward and collect them.   Source: Leadership

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