April 5, 2019

FIRS in N2bn lawsuit over alleged illegal shutdown of company

Mr Bharat Vora, a Plaintiff, on Monday prayed a Federal High Court in Abuja to award him N2 billion against the Federal Inland Revenue Service (FIRS) for shutting his business. Vora, the Managing Director of Mutunci Company Nig. Ltd., also asked for the refund of N7 million that he paid FIRS to re-open his factory which they have failed to. The plaintiff, who was prosecution witness number three, and who was led in evidence by his counsel, Mr Sepirido Peters, identified the bundle of exhibits numbered 1-165 given to him by his lawyer. The exhibits, which reflected the stage of proceedings, contained the witness statements on oath, his tax clearance certificates, invoices, ledgers, original copies of sales books, audited documents, among other exhibits. The exhibits were all marked as PW2 (a), 3(aa), 3 (ii) and others. According to Peters, the FIRS “asked the plaintiff to pay taxes on money he never earned,’’ which led to the eventual shut down of the company in 2016. Counsel to the FIRS, Mrs Efe Lawrence, however, did not oppose the identification of documents by the witness. The plaintiff said in his statement that his company was incorporated under the laws of the Federal Republic of Nigeria and carried out operations in Kaduna State. He said they had been in the business of manufacturing and sale of pipes and other accessories. He said that based on a request by the FIRS, he had agreed for a tax audit on the company’s accounts for 2011 and 2012. He said the audit, which began in July 2013, led to the closure of his business in 2016 over payment of taxes on monies he never earned.   Source: Pulse

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NIMASA’s tax dispute with NLNG returns to high court

The Court of Appeal, Lagos Division, on Friday, set aside a judgment of the Federal High Court in Lagos which exempted the Nigerian Liquefied Natural Gas Limited from levies payable to the Nigerian Maritime Administration and Safety Agency under the NIMASA Act, Cabotage Act, Marine Environment (Sea Protection Levy) Regulations, and other laws of the federation. In a lead judgment by Justice Mohammed  Garba, the appellate court ordered the return of the case file to the Federal High Court for fresh hearing. NIMASA’s lead counsel, Chief Lateef Fagbemi (SAN), had contended that the Federal High Court did not give his client fair hearing before arriving at its decisions. The dispute between the NLNG and NIMASA stemmed from the alleged refusal of the NLNG to pay three per cent of the gross freight on all international out-bound and in-bound cargoes carried by ships chartered by the NLNG and its wholly-owned subsidiary company as contained in the NIMASA Act 2007. NIMASA alleged that “the NLNG  disregarded the country’s maritime laws, particularly sections of the NIMASA Act that mandates payment of levies based on gross freight on exports and imports and the Cabotage Law.” “Since its inception, the NLNG has cherry-picked our laws. All efforts to get the management to meet its obligations to NIMASA have been treated with impunity,” NIMASA contended. NIMASA had sued the NLNG, praying the court to interpret the relevant provisions of the NLNG (Fiscal Incentives, Guarantees and Assurances) Act, CAP N87, Laws of the Federation of Nigeria 1990, and the NIMASA Act of 2007. In an October 3, 2017 judgment by Justice Mohammed Idris (now Court of Appeal Justice), the Federal High Court in Lagos held that NLNG was not liable to pay three per cent gross freight on in-bound and out-bound cargoes and sea protection levies, among others. But the displeased NIMASA appealed, contending that it did not get a fair hearing.   Source: Punch

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Commercial banks to pay N103bn taxes to FIRS

A total of 14 commercial banks listed on the Nigerian Stock Exchange are billed to pay N103bn in taxes to the Federal Inland Revenue Service for the 2018 financial year. An analysis of the recent financial statements filed by the banks on the NSE showed that Ecobank Transnational Incorporated will pay the highest amount of N33.61bn. A breakdown of the amount revealed that the tax liability was originally N35.076bn, but a deferred tax asset of N1.46bn was deducted from the amount. Guaranty Trust Bank Plc has the second highest tax liability of N30.85bn, followed by United Bank for Africa Plc, which reported a tax liability of N14.30bn. UBA listed its tax components to include N8.98bn current tax, and N550m Information Technology tax and a deferred tax of N5.32m. Stanbic IBTC Bank Plc reported a tax liability of N13.712bn, followed by Zenith Bank Plc, which is to pay N4.052bn minimum tax. An analysis of the financial statement of Zenith Bank showed that the bank had a total tax liability of N26.63bn, but was assessed based on the minimum tax rule because of a significant non-taxable income that resulted in a taxable loss for the bank. Zenith Bank said included in the total tax amount was N18.04bn dividend tax for 2018 financial year, but it was liable to dividend tax of N25.43bn, which represented 30 per cent of the N84.77bn dividend paid as the Nigerian tax laws required companies to pay tax calculated at 30 per cent of the higher of taxable profit and dividend paid. However, the total Company Income Tax payable based on minimum tax was N4.35bn as the bank had tax paid in the prior year and tax credits amounting to N3.04bn. The difference between income tax payable assessed on dividend and income tax payable assessed on minimum tax amounted to N18.04bn, which was charged as tax expense during the period. Fidelity Bank Plc has a tax liability of N2.16bn, made up of a current tax of N1.91bn and IT tax of N251m. Access Bank Plc reported a tax payable of N1.65bn, which comprised CIT of N4.37bn, IT tax of N752.4m and Capital Gains Tax of N17.8m, after which a deferred tax of N63.49bn was deducted. Wema Bank Plc is billed to pay a tax of N1.47bn for the 2018 financial year, which can further be grouped into CIT of N351.8m, National Information Technology Development Agency tax of N56.06m, and a deferred tax of N1.063bn. Sterling Bank Plc reported a tax of N271m for the period, saying it paid N710m during the year. It had a tax balance brought forward of N232m, a current tax charge of N173m, CIT of N173m and IT tax of N98m. Sterling Bank said the basis of its income tax for 2018 was 30 per cent of N575.808m, which was the value of the dividend paid to shareholders in 2018 and relating to the 2017 financial year. It added that it was not liable to pay CIT in 2017 as it did not have any taxable profit. It also did not pay any dividend in 2017 and had more than 25 per cent imported capital as at the reporting date, which made the bank got an exemption from minimum tax as stated in Section 33(3) of the Company Income Tax Act as amended 2007. According to the bank’s financial report, an unutilised capital allowance of N42.206tn and unused tax losses carried forward and available at N46.813tn were recorded. It said it had deductible temporary differences of N86.33tn to be offset against future taxable profits. However, no deferred tax asset was recognised in respect of the items due to uncertainties regarding the timing and amount of future taxable profits. First City Monument Bank Plc reported a tax liability of N123.3m, made up of N107.1m of dividend tax and N16.2m income tax. The bank said it was assessed based on the minimum tax legislation for the year ended December 31, 2018 because of a tax exemption granted via CIT (Exemption of Bonds and Short-Term Government Securities) Order, 2011 as contained in a gazette issued by the President of the Federal Republic of Nigeria, which took effect from January 2, 2012. It said all the provisions of the CITA that mandated a minimum tax assessment, where a taxpayer did not have any tax liability arising from its tax assessment, were applied. As of the time of collating the results, Diamond Bank Plc, First Bank of Nigeria Limited, Union Bank Plc and Unity Bank Plc had yet to file their 2018 financial statements, so, their financial statements for the nine-months period ended September 30, 2018, were used. Diamond Bank reported a tax of N398.4m, Union Bank reported N164m, Unity Bank reported N57.94m and First Bank reported N38m. Union Bank said it was not liable to pay income tax as it recorded a tax loss for the period. It said it was exempted from paying minimum tax under the Act as it had imported share capital of over 25 per cent. No education tax was charged because the bank has no assessable profit for the period. The Head, Economic Research and Policy Management, Securities and Exchange Commission, Mr Afolabi Olowookere, said of the N5.8tn realised by the FIRS in 2018, listed companies contributed about 60 per cent of the value. He urged exchanges, capital market operators and the Federal Government to work together to increase listing of companies on the stock market, not only for revenue generation but other benefits as well. The Vice-President, Association of Stockbroking Houses of Nigeria, Mr Akinsola Akeredolu-Ale, said most companies that were reluctant to come to the stock market were hiding their financials or were scared of take-over by wealthy Nigerians. He said, “Once the government can work together with the FIRS to enforce tax laws, there would be no hiding place for companies. Thus, they will be forced to come to the market.”  A Professor of Economics at the University of Nigeria, Nsukka, Hyacinth Ichoku, said the Corporate Affairs Commission should

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VAT: What Tinubu failed to tell Buhari – Peter Obi

The Vice Presidential candidate of the Peoples Democratic Party, PDP, in the February 23 presidential election, Mr. Peter Obi, has described as gratifying, the recent warning of All Progressives Congress, APC, leader, Bola Ahmad Tinubu, against the removal of Value Added Tax otherwise called VAT. Obi said that Tinubu’s warning which makes economic sense given the situation in the country was at variance with that of his party and goes to underscore the uncoordinated campaign they dished out to Nigerians. The VP candidate said in a statement from his media office on Sunday that the position of the PDP and the presidential candidate which was made loud and clear during the electioneering is that tax must be relaxed to act as incentive to investors. Obi insisted that the right way to go to shape up the economy given the magnitude of unemployment in the country is to have an attractive economic policy that will be inviting to entrepreneurs and investors. He stated that APC’s earlier stance of increasing tax, VAT inclusive shows the height of insensitivity of a government that careless about the plight of the populace. Obi said that Tinubu’s warning is good but he should have been humble enough to credit to the opposition party instead of making it feel as if it has been the position of the party. “It’s extremely unrealistic for anybody to think of growing the economy of this country, and creating jobs just by increasing tax, it’s too a simplistic approach”, he noted. The former Anambra State Governor said that he hopes that Tinubu would go further also to advice his party to embrace restructuring as that is the only option left to move this country forward. “Anybody thinking that this country will work without tinkering with the political and economic structure is deceiving himself because no nation grows on injustice”, he added. Obi furtehr described as unfortunate the fact that Nigeria with all her potentials is among the three African countries according Pew Research Center Where 45% of the adult population are desiring to leave the country.   Source: Dailypost

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Tax evasion: Court renews arrest warrant against Monalisa Chinda

A Lagos High Lagos in sitting in Igbosere on Monday renewed a bench warrant for the arrest of actress and producer, Monalisa Chinda Coker, over a tax evasion charge. The presiding judge, Adedayo Akintoye renewed the order for Coker’s arrest following her repeated failure to honor court summons. When the case was called Monday, neither Coker nor her legal representatives was present in court. Prosecution counsel, Babatunde Sumonu, informed the judge that the bench warrant issued in January had yet to be effected. “The bench warrant is to continue,” Justice Akintoye held. Justice Akintoye made the original order for Coker’s arrest last January 21, following an application by the Lagos State Ministry of Justice. The state alleged that Coker repeatedly failed to honour a court summons. The 44-year-old actress is facing a two-count charge of failing to file annual tax returns and pay income tax for her company, Monalisa Code Production, over a six-year period. Proceedings have been adjourned till June 5.   Source: Gtv.ng

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