April 17, 2019

Tax man will be all over the British royal baby

Talk about being born with a silver spoon in your mouth: the royal baby of Prince Harry and Meghan Markle will have a particularly glittery one. And US tax authorities will be keen to know how much that utensil is worth. That’s because the baby will have dual nationality: British because of his father and US from his American mother, whose official title is the Duchess of Sussex. “When one of the parents is American and has resided in the US for five years with at least two after the age of 14, the baby is automatically a citizen,” said David Treitel, founder of American Tax Returns, a consultancy for US expatriates living in Britain. “This is the case with Meghan,” said Treitel, noting this case is a first in the British royal family. US nationality comes with a bevy of restrictive conditions: like any American who is born, grows up and dies anywhere in the world, year after year Meghan and Harry’s child will have to show the Internal Revenue Service his or her tax status is clean. From the moment of birth, money deposited in banks by the royal parents — eager to ensure a bright future for their progeny — must be duly reported to the tax man. The same would apply to money that comes in if mom and dad decide, say, to have the child follow in the footsteps of his ex-actress mother to become a star on TV or in movies. – ‘Accidental Americans’- Forget about privacy, said Treitel. The IRS will “get to know a lot more about the couple’s wealth” through the tax returns of the couple and their mother. “A lot more information is gonna get to the US,” he added. To wit: the IRS will demand that any valuable gifts from non-Americans to Harry and Meghan’s child — and he will be feted, won’t he? — also be declared as assets. “Imagine the queen giving the baby some nice beautiful book of art from the royal collection, with paintings by Van Gogh or Miro. If this gift if worth more than $100,000, it is reportable,” said Treitel. However, baby shower gifts that Markle received recently in New York will not have to be declared if they came from fellow Americans, the expert said. And although the baby and the mother will have to present forms that will be very time-consuming for their accountants, they may still not have to pay a lot in tax: these may be offset by duties paid in Britain, tax specialist Laura Saunders told The Wall Street Journal. US tax authorities’ efforts to keep a close watch on American expatriates can have serious consequences for people whose sole link to America is that they were simply born there. Such is the case of so-called “Accidental Americans” — such as thousands of people in France who automatically received US citizenship because they were born in the US but left America as little kids and no longer have any links whatsoever to the country. – Fines – Since the adoption of the Foreign Account Tax Compliance Act in 2010, which replaced the criterion of nationality with that of tax domicile, these people are obliged to report their income to US tax authorities and in some cases actually, cough up some money. Many of these people left the US when they were very young. The Association of Accidental Americans that brings them together asked President Donald Trump last year to find a solution to their quandary. Their status can be a touchy subject. If they refuse to play ball with the US tax authorities, their banks at home can be sanctioned. So these institutions can refuse them services like bank accounts and mortgages. To a lesser extent, the British royal family cannot dodge its US tax obligations either: a flawed tax return can trigger hefty fines. But there is a solution to avoid headaches for the royal couple’s accountants: Meghan can renounce her US citizenship. However, even if she does that, tax returns would still have to be filed for the child until age 18.     Source: Punch

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FG to raise N6tn from petroleum tax, VAT

The Federal Government, through the Federal Inland Revenue Service, plans to generate N4.3tn from petroleum profit tax and N1.7tn through the Value Added Tax in 2019, The amount is part of the N8.8tn tax revenue needed by the government to finance the 2019 budget. Details of how the revenue would be generated are contained in the Medium Term Expenditure Framework Tax Revenue Projections for 2019-2021. The document, which was submitted to the National Assembly by the Executive Chairman of FIRS, Mr Tunde Fowler, was obtained on Friday by our correspondent. In the document, the FIRS said the N8.8tn would be realised through two major tax revenue components. They are oil tax revenue, where N4.3tn would be collected and non-oil tax revenue where the service had proposed to generate N4.5tn for the government. Further breakdown of the oil tax revenue showed that the entire N4.3tn is expected to come from petroleum profit tax. For the non oil tax revenue, an analysis of the document shows  that N1.7tn is expected to be earned from company income tax, while gas income, capital gains tax and stamp duty are expected to earn N685.63bn, N6.27bn and N17.64bn, respectively for the government. Also, Value Added Tax is expected to contribute N1.7tn; education tax, N275.39bn; consolidated account, N99.78bn and Nigeria Information Technology Development Fund, N20.01bn. The FIRS in the document stated that the tax revenue target for 2019 was based on the Economic Recovery and Growth Plan of the Federal Government. It said that to boost tax revenue, a lot of initiatives would be implemented with support from the government. Some of them are the expansion of Tax Identification database to cover federal, states and local government to establish a reliable VAT tax base across the country. While engaging relevant stakeholders, the service said it would develop and propose tax laws targeted at emerging sectors of the economy such as digital economies. It said a review of existing tax laws to close the legal loopholes for taxes by adopting a sectoral, rules-based approach would be implemented. The FIRS also stated that it would develop a strategy for revenue campaigns targeted at the informal sector of the economy, noting that a unified nationwide tax payer database would be developed. It said a strong incentive programme aimed at encouraging tax payment by Nigerians would be designed. The incentive, it noted, could involve tying government projects to tax revenue collected.   Source: Punch

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Stakeholders Decry FIRS Plan to Commence VAT Collection on Gambling and Lottery games

The Executive Chairman of the Federal Inland Revenue Service (FIRS), Babatunde Fowler, has disclosed the agency’s plans to charge Value Added Tax (VAT) on gaming activities, as well as automate VAT collection from lottery operators in Nigeria. Are value-added tax (VAT) is a consumption tax placed on a product whenever value is added at each stage of the supply chain. He disclosed this during a stakeholders’ meeting organised in conjunction with the National Lottery Regulatory Commission (NLRC) and lottery and gaming operators. According to him, the automation will help lottery players and bettors to easily pay VAT on each transaction. How VAT collection will be deployed in the gaming/lottery sector. The plan will see users of the services provided by the betting industry pay five percent VAT on every transaction made. The agency also aims to automate VAT collection in the gaming and lottery industry. Stakeholders kick against the new plan. Gaming and lottery industry stakeholders have unanimously expressed displeasure over FIRS’ decision to charge VAT on games and lottery activities. They are also not pleased with the plan to automate the VAT charges. According to the stakeholders, the additional 5 percent charge for VAT could discourage punters from using their services. Speaking on behalf of lottery and gaming operators, Akin Alabi, the Founder of Nairabet, said the intended automation is poised to kill the business. Alabi added that the potential reduction in hoped-for winnings, especially on low-odds bets, will drive customers from regulated operators into the hands of unregulated ones. He also argued that the FIRS should have consulted operators before taking the decision to impose 5 percent VAT and automating the collection process. Speaking on the development Digital Economy lawyer Adavize Alao praised the FIRS administration for seeking new ways of raising revenue for the government. The lawyer added that while the aim of the collection was good, gaming and gambling are not value added services and should therefore be exempt from VAT. He also stated that the FIRS administration ought to widen the tax met rather than collect VAT on gambling charges.   Source: Lawyard

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We will recover all revenues accruable to government – FIRS

The Federal Inland Revenue Service (FIRS) says it is determined to recover all revenue accruable to the Nigerian government. The Executive Chairman, FIRS, Mr Babatunde Fowler, made this known in an address at the ongoing 30th Enugu International Trade Fair, in Enugu state. To achieve the objective, Fowler said it had already listed companies and organisations indebted to the government in fiscal year He explained that to fish out all outstanding revenue owed the federal government; they had, since 2018, focused on businesses with huge annual turnover. “You may be aware that since 2018, FIRS, has focused attention on businesses with huge turnover, but no record of commensurate payment of their tax obligations. “This will continue in 2019, several of such companies have already been contacted by the device leveraging on various data sources. “We urge you all to comply with the provisions of the tax laws as we are duty bound to recover all revenue due to the FG and the people of Nigeria,” he said. He, however, called on the business community, law enforcement agents and well-meaning citizens to continue to partner with FIRS to ensure that tax defaulters were traced to face the consequences while compliant businesses would receive all the support they required. Fowler said that the service was working hard to ensure that national revenue continue to grow through tax remittances. “We at the FIRS are working hard to ensure that we are in full alignment with all efforts to grow national revenue from taxation while easing the administrative burden inherent. “We place emphasis on human resources as one of several tools to achieving our aim of expanding the tax net which is why we recently recruited more young Nigerians to effectively provide adequate services to all the nooks and crannies of the country,” he added.   Source: VON

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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 organizing 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 needed 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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