April 15, 2019

CAC, FACT CHECK: Did trade ministry allocate N42bn to a private company?

Sabo Mohammed, chairman of senate committee on trade and investment, raised the alarm recently that N42 billion was allocated to a private firm, the Nigeria Special Economic Zone Company (NSEZCO), by the ministry of industry, trade and investment.  BACKGROUND: The ministry had proposed N15.63 billion as its budget for 2019. At the defence, Okechukwu Enelamah, the minister, was confronted by Mohammed who said the Nigeria Special Economic Zone Company included in the budget was not part of the 17 agencies under the ministry. He also said a document obtained by the committee from the Corporate Affairs Commission (CAC) showed the company is named Nigeria SEZ Investment Company Limited — not Nigeria Special Economic Zone Company as declared by Enelamah. His clincher, as it were, was: “Ownership of the company as clearly stated in the document obtained from CAC on the 26th of last month designated as directors are Dr Bakari Wadinga, Mr Olufemi Edun and Ms Oluwadara Owoyemi. Documents show that it is a private company. Liability of the members are limited by share, which gives federal government 25 per cent and 75 per cent to private individuals.” CORRECT: TheCable confirmed that, indeed, Bakari Wadinga, Olufemi Edun and Oluwadara Owoyemi were nominated directors on NSEZCO. It is also true that the federal government of Nigeria (FGN) owns only 25 per cent of the company, while 75 per cent is held by A&O Secretarial Services Limited on behalf of a number of development finance institutions. INCORRECT: TheCable can report that NSEZCO is a private company, legally speaking. However, it is not a privately-owned company in the sense that the senator made it look. By Nigerian laws, a company must have up to 50 shareholders before it can be classified as a public liability company. In that sense, NSEZCO is a “private company” like the Nigeria Liquefied Natural Gas (NLNG) Ltd and all other companies where government is a shareholder. According to documents seen by TheCable, NSEZCO was incorporated in June 2018 as a “limited liability company” — the vehicle used under Nigerian laws for public private partnerships. NSEZCO is a product of Project MINE (Made in Nigeria for Export), a presidential initiative to develop world-class special economic zones across the country “to boost the manufacturing of Made in Nigeria goods for export”. Nigeria’s 25 per cent stake will be held on her behalf by the Ministry of Finance Incorporated (MOFI), the investment arm of the federal ministry of finance, while the rest is owned by A&O Secretarial Services Limited, as a nominee on behalf of a group of development finance institutions, also called the strategic investment partners of NSEZCO. The partners as listed by the ministry of industry, trade and investment are: African Export-Import Bank (Afreximbank), Bank of Industry Limited (BOI), Nigeria Sovereign Investment Authority (NSIA), Africa Finance Corporation (AFC) and African Development Bank (AfDB). All these are development finance institutions. The same investment model was adopted by the country for the NLNG Ltd, a limited liability company owned 49 per cent by FGN, with Shell Gas B.V. (25.6 per cent), Total LNG Nigeria Ltd (15 per cent) and Eni International (10.4 per cent) being the private investors. The Nigerian National Petroleum Corporation (NNPC) holds FGN’s shares. In the case of the African Finance Corporation founded in 2007 to finance infrastructure in Africa, the bulk of the shareholders are African financial institutions which own 47.6 per cent. Nigeria has 42.5 per cent stake in the multilateral development finance institution via the Central Bank of Nigeria (CBN).   Source:  The cable

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Lottery, betting operators kick as FIRS automate VAT collection

The Federal Inland Revenue Service on Monday announced plans to automate collection of Value Added Tax from operators in the nation’s lottery and gaming industry. The Chairman, FIRS, Mr Babatunde Fowler, disclosed this in Lagos at a stakeholders’ meeting organised in conjunction with the National Lottery Regulatory Commission with lottery and gaming operators. He said in his welcome address that the automation would enable lottery players and bettors to pay VAT on each transaction made. “What we are trying to introduce today is aimed at improving the transparency, accountability and convenience in the payment of any taxes. We are automating tax collection in across various industries in the country,” he added The Director-General, NLRC, Mr Lanre Gbajabiamila, said the importance of strict adherence to tax laws could not be over-emphasised in view of Nigeria’s present economic challenges. “In the gaming industry, products and services are generally offered through agents who are commonly in direct contact with the players. The consumption of the products and services are taxable under the law,” he said. Industry operators, however, voiced concerns over the VAT on lottery and gaming services, saying it would hurt their businesses. The founder of NairaBET, Mr Akin Alabi, who spoke on behalf of lottery and gaming operators, faulted the mode of charging the VAT, saying it would drive customers away from operators’ platforms. He said, “There must be another mode of collecting VAT rather than from the top level, which is on every stake. Telling operators to pay from the stakes is almost impossible because what it means is that customers will leave our platforms. So, they will start looking for companies that are not regulated where they can place their bets; they will look for foreign companies. So, it is going to ruin our business. “Presently, I have little to lose. I am in the process of divesting all my interests in NairaBET because I just won election to the House of Representatives. But I don’t want to leave the industry in a mess; that is why I am passionate about it.” Alabi stated that the FIRS should have consulted operators before taking the decision to impose VAT and automate its collection. Responding, the FIRS boss, said, “Tax has to do with law and the law says that for every transaction that is VATable, five per cent should be charged. You have to be aware that we are automating collection in all industries. This is not a tax on the business, but on the bettors. “If you carry out foreign bets and you go through your banks to make the payment, you will also be charged VAT.” Fowler, while fielding questions from journalists on the sidelines of the event, said, “If somebody comes to bet N100, it becomes N105. I can assure you that it will not make them change their minds.”   Source: Punch

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ICAN urges FIRS to upgrade electronic tax filing system

The Institute of Chartered Accountants of Nigeria has called on the Federal Government to address some of the gaps identified in the implementation of the ease of doing business reforms. Specifically, it called on the Federal Inland Revenue Service to address the challenges being experienced in its technology infrastructure to make it easier for taxpayers to process tax clearance certificate. The Chairman of ICAN Abuja Chapter, Mr Oluwafunminiyin Akande, said these in Abuja at a seminar on ease of doing business.. He said while the service had made some progress over the years in simplifying the process of tax payment, there are some identified gaps that had yet to be addressed. He said that the electronic filing system of the service needed to be worked on to cushion the impact of system failure which it had recorded within the last few weeks. Akande said that between January and the end of February, the FIRS e-filing and electronic delivery platforms were completely shut down. The development, according to him, made it difficult for tax practitioners to conduct tax related businesses with the service. He said, “Government has been saying so many things about making the environment to be friendly but we the practitioners know that we haven’t got there yet. “The policymakers and practitioners must meet regularly to discuss the areas that are not working yet. If we don’t give them the feedback, they won’t know how to improve. That is the reason why we are organising this programme. “We have identified so many gaps. For instance, the FIRS has been talking about e-filing, electronic delivery and others but you discovered that it hasn’t been fully achieved. “From January till the end of February, their network was completely shut down. This means that as tax practitioners, you cannot process tax clearance and e-filing for your clients. “Meanwhile, there are penalties attached to some of these things. Apart from what it costs you, there is need to be going there every day because you don’t know the time the network will be working. “How can you shut down your system for two months? Can such thing happen in a bank? So, until we start thinking in that way, the government agencies will not improve. “So if we don’t tell them, they won’t know how we feel. That is one of the gaps.” He also said the time it takes the FIRS to process Tax Identification Number and Tax Clearance Certificate needed to be reduced as it was currently taking the service longer than even the approved period to process them. He said, “They will also tell you that tax clearance certificate can be obtained within 14 days but it doesn’t work. You will get there to collect Tax Identification Number which ordinarily should be given to you on the spot but they will tell you to come back, and when you return, they will tell you network is not working.”   Source: Punch

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The Deadline For Filing Annual Returns Of Income And Claims Is 31 March 2019

Summary Section 41 of the Personal Income Tax (PIT) Act mandates all persons who are taxable under the PIT Act to file a return of income and claims for every tax year with the tax authority of the state in which the taxable person is deemed to be resident. This return is expected to be filed within 90 days from the commencement of every year of tax assessment (i.e, January). Thus, the deadline for filing this return for 2018 year of assessment is 31 March 2019. Details Some of the key provisions of the PIT Act with respect to filing of annual returns of income and claim under Section 41 are as follows: Taxpayers who earn more than ₦30,000 in a year are required to file their annual return of income and claims by 31 March without any form of notice or demand by the tax authority; A taxpayer is required to file, along with the return, a true and correct statement of the amount of income from every source (i.e. earned and unearned income) computed in accordance with the provisions of the PIT Act and the associated regulations; The form of return is expected to contain a declaration which is to be made by or on behalf of the taxpayer that the particulars given in the return are true and complete; The state tax authority is empowered to institute proceedings or impose penalties of an amount equal to the income tax chargeable on persons who fail to comply with the requirements of a notice given by the relevant tax authority under the provisions of Section 41 of the PIT Act. It is important to note that the requirement for employers to file returns of emoluments paid to their employees under Section 81 is different from the requirements under Section 41. Hence, taxpayers who have not complied with the provisions of Section 41 by themselves or through their employers should do so before the expiration of the deadline. Implications As the government at all levels continues the drive for increased revenue from taxes, it is incumbent on all taxpayers to comply with the provisions of the tax laws in order to avoid undue exposures to non-compliance penalties. It is important for taxpayers to note that in addition to a penalty of an amount equal to their income tax chargeable, taxpayers may also experience difficulties in claiming reliefs and allowances in the event of failure to file returns under Section 41 of the PIT Act. Thus, taxable persons who earn ₦30,000 or more in a year should engage their tax consultants and file the required returns on or before 31 March 2019.   Source: Mondaq

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Accounting: Wole Oluyemi is the Entrepreneur & Business Leader Providing Support for SMEs

It’s a consensus among many people that for you to be a business coach, you at least should  have experience running a business, so you understand the challenges of doing business and not just provide advice based on theories. He is a co-founder and a director at Roedl & Partner (West Africa), “a provider of Audit, Tax, BPO, Legal, Advisory and Accounting services to ambitious organizations.” He also runs Agriko, “a supplier of fruits, vegetables, grains and beverages to the retail, industrial, and foodservice markets.” As entrepreneurship and business leadership could be a very challenging process, there is always a need to have access to quality business advisory, mentorship and coaching in order to make a success from the entrepreneurial journey. Unfortunately, the costs of such premium services are out of the reach of most small business owners in Nigeria and even in the entire African continent. Hence, there is a need for experienced entrepreneurs and business leaders with diversified experiences to provide mentorship and coaching to small business owners. Wole Oluyemi is one of such individuals who recognised this need and developed different platforms to provide support for SMEs and entrepreneurship drive. Wole describes himself a marketplace evangelist, chartered accountant, business coach and public speaker on business management and leadership, finance, market entry strategy, business growth strategy and corporate political strategy. He has about two decades’ experience from Arthur Andersen, KPMG and Chevron where he had diversified experience spanning across Nigeria, Ghana, Cameroon, South Africa, Congo, Angola and the USA. He is gradually becoming a sought after thought leader by forward-looking professionals, business leaders and entrepreneurs, especially due to his growing presence across the various social media platforms.  Wole’s 64k followers strong Instagram page provides business support for SMEs. In 2009, Wole was nominated in The Future Awards Africa (TFAA) Prize for Professional of the Year.  Wole is a Fellow of the Institute of Chartered Accountants of Nigeria (ICAN) and the Chartered Institute of Taxation of Nigeria (CITN). He is an alumnus of the Obafemi Awolowo University and the Lagos Business School. He is a doctoral researcher (DBA) at Cranfield University (UK) focusing on corporate political strategy. Wole is working tirelessly to build the capability and visibility of ambitious and forward-looking small and medium-sized African businesses and we’re rooting for him.   Source: Bellanaija

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