July 10, 2019

Tax Tribunal Resolves 42 Cases Worth N288bn

A total of 42 tax-related disputes worth N288.1bn have been resolved by the Tax Appeal Tribunal within a period of eight months. The Coordinating Secretary of TAT, Mr Mohammed Abubakar, gave the figure in Abuja at the opening session of a two-day retreat on effective and efficient tax dispute resolution in Nigeria. Apart from the N288.1bn, he said disputes worth $5.41bn had also been resolved by the Tribunal. The Tribunal is one of the windows provided in Nigeria’s tax administration system, which offers an aggrieved party the opportunity to explore other dispute resolution mechanisms before gaining access to the law courts. Among other things, it helps to reduce the caseload of the over-laden regular courts by providing less formal fora for quicker, cheaper and expert resolution of tax disputes in the public interest. The Tax Appeal Tribunal was established pursuant to Section 59 (I) and the Fifth Schedule of the Federal Inland Revenue Service (Establishment) Act, 2007. Giving a summary of its activities from inauguration in November last year till date, Abubakar said the tribunal inherited 215 pending appeals with a disputed tax value of N607.53bn, $13.52bn and €1.48m. He said new appeals filed between November 2018 and June this year stood at 62 with disputed tax value of N71.7bn and $19.5m. He said, “Appeals resolved mutually or through judgement are 42 with a disputed tax value of N288.1bn, $5.41bn. However, it is pertinent to note that some of the resolved cases are at various stages of settlement or recovery while some might probably go on appeal at the Federal High Court. “Appeals struck out for other reasons such as lack of diligent prosecution or discontinuance by parties are 66 with disputed tax value of N22.03bn and $1.06bn. “Total number of appeals pending at the various zones and at various stages of hearing and determination are 165 with disputed tax value of N309.8bn, $10.21bn, €1.407m.” Out of the pending cases, he said 31 were either reserved for judgement or awaiting the filing of terms of the settlement. “We are hopeful that the 31 appeals would be concluded this month,” the TAT coordinating secretary explained. With regards to its key achievements, Abubakar said the TAT had engendered smooth commencement and sustained sittings across the zones. He added that there had been improved public enlightenment and stakeholder engagement, which had resulted in the gradual acceptance of the Tribunal by taxpayers. “We will keep working on improving the infrastructure to support speedy resolution of disputes brought before the Tribunal” he added. The Permanent Secretary, Ministry of Finance, Mahmoud Isa-Dutse, said the Federal Government, through the Tribunal, had been able to restore taxpayers’ confidence in the nation’s tax system. He called on the tax commissioners to put in more efforts in the area of speedy resolution of tax-related disputes in order to ensure that tax revenue due to the government were paid on time. Represented at the event by the Permanent Secretary, Special Duties in the ministry, Mohammed Dikwa, he urged participants to use the workshop to identify the enablers that would assist in reforming the TAT for effective and efficient tax dispute resolution in Nigeria.   Source: Investor King

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FG Defaults on VAT waiver for Domestic Airlines

More than one year after the pronouncement for Value Added Tax to be removed from air transport, the Federal Government has failed to implement the order. Findings by our correspondent showed that domestic airlines still pay VAT, charged as five per cent on every flight ticket sold and remitted to the Federal Government. The Media and Communications Manager, Dana Air, Mr Kingsley Ezenwa, said nothing had been said after the pronouncement made by President Muhammadu Buhari last year. President Buhari recently stated that the decision to remove VAT from domestic air transport was in line with global best practices and would make air travel more affordable and subsequently lead to the creation of jobs by the air transport service value chain as well as increase revenue for the government. But airline sources said they had only heard about the order but had yet to see it implemented. The Chairman and Chief Executive Officer, Air Peace, Mr Allen Onyema, said there had been the implementation of zero duty on spare parts but not on VAT. “We have been having back and forth with the Federal Inland Revenue Service. The Federal Government has pronounced it but the FIRS insists there is no gazzete. But they are implementing the zero duty on parts,” he said. According to him, aviation is a tough business and domestic carriers need support from the government. The Airline Operators of Nigeria, the umbrella body for airlines in the country, had estimated that its members were paying over N10bn as taxes annually. The Chairman of AON, Capt. Nogie Meggison, had recently stated that the situation was threatening airline operations. Shortly before the Executive Order, the AON had threatened that its members would no longer pay VAT with effect from June 14, 2018, saying that VAT remittance was unfair, as only domestic airlines were made to pay, while foreign airlines were exempted. The AON had lamented that air travel was also the only mode of transportation that was subjected to the payment of VAT, which had resulted in airlines not being able to optimally utilise their aircraft assets. The FIRS had been mute on the development, describing the order as a policy issue. The Director of Air Transport Regulations, Nigerian Civil Aviation Authority and member of the Presidential Committee on Airlines’ Taxes and Charges, Group Capt. Edem Oyo-Ita (retd.), said no reason had been given for the delay.   Source: Investor King

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New Tax ID: FG Directs CBN, Others to Synergise With Joint Tax Board

The Federal Government has directed the Central Bank of Nigeria, Nigeria Interbank Settlement System, the National Identity Management Commission to cooperate with the Joint Tax Board in the release of relevant individual records. Vice President Yemi Osinbajo stated this while inaugurating the new National Tax Identification Number Registration System on Monday in Abuja. The News Agency of Nigeria reports that new tax administration was built around data, adding that without credible and comprehensive data, an efficient tax system would be impossible. Osinbajo said that TIN gave the managers of the national tax administration systems the capacity to conveniently and efficiently access and connect information from multiple sources. He said, “(What) we seek to achieve is really to attract business and more importantly, local business; and it is local business investment that develops the economy the most. “If it is easy for the local person to do business, it becomes more attractive to the international business to come into the country. “All of these reforms attract the levels of investment and inflows the Nigerian economy requires for sustainable economic growth. “In the light of the foregoing, all agencies critical to the optimal success of this initiative, the CBN and NIBBS, National Identity Management Commission are hereby directed by the President to provide the fullest co-operation to the JTB especially in the release of the relevant individual records. “The JTB, led by its chairman, Mr Babatunde Fowler, all the partners and stakeholders who have made this possible, deserve our commendation for this giant leap. “The Nigerian business and economic environment are the better for your hard work and continuous innovation,” Osinbajo said.   Source: Investor King

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Ahmed: FG Plans to Raise VAT to 7.5% by 2020

A former Minister of Finance, Mrs. Zainab Ahmed, yesterday said the federal government was planning to increase the rate of value-added tax (VAT) to 7.5 per cent from the current five per cent by 2020. This is as the government seeks to shore up falling revenue, according to Bloomberg. Speaking at the Bloomberg Emerging & Frontier Forum in London, the former minister, whose tenure ended with President Muhammadu Buhari’s first term on May 29, said that her main preoccupation while in office was how to raise government’s revenue with only 55 per cent of targets being met. Buhari, who was re-elected for a second four-year term, is yet to constitute a new cabinet. She said: “We have developed a strategic revenue growth initiative, which we have started to implement. “Our target is to increase revenue to 65 per cent minimum in 2019 so that in the next three years we are able to attain 80-85 per cent of our revenue target.” However, earlier plans by government to increase VAT had been vehemently opposed by Nigerians. In April, following a public backlash, Executive Chairman, Federal Inland Revenue Service ((FIRS), Mr. Babatunde Fowler, refuted reports it had proposed a 50 per cent increase in VAT when he appeared before the National Assembly to defend the agency’s 2019 budget. But Fowler maintained that his position was misrepresented as he actually recommended an increase in the number of Nigerians and companies paying VAT and not the other way around. A statement issued by his media department to debunk the claim stated: “Though he indicated that there should be an increase in the VAT rate by the end of the year, he never for once suggested a 50 per cent hike or 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 trillion in Companies Income Tax (CIT); and N2.4 trillion in Petroleum Profits Tax (PPT).” Also, Ebonyi State Governor, Chief David Umahi, had further opposed the proposed plan by the federal government to lift Value Added Tax (VAT) from five per cent to 35 per cent, stressing that it would put the country in difficult situations. The governor had said that the plan, which was proposed by the federal government in order to pay workers’ salary with the implementation of the N30,000 minimum wage, was like digging a hole to fill a hole. According to the National Bureau of Statistics (NBS), the federal government generated N1.10 trillion as VAT in 2018, representing a growth of 13.96 per cent (year-on-year) when compared to the N972.34 billion collected in 2017.   Source: Investor King

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Gratuities Are Tax Exempted, Says Tax Tribunal

The Tax Appeal Tribunal, South East Zone, has said that gratuities are tax exempted under the Personal Income Tax Act. The tribunal made the declaration while delivering judgement in the appeal Nigerian Breweries Plc brought against Abia State Board of Internal Revenue, challenging the decision of the Board to tax gratuities paid to its employees. The Appellant in appeal No. TAT/SEZ/002/17 set out three grounds of appeal, among which are “that Respondent (ASBIR), erred in law when it assessed the Appellant’s employees to tax on gratuities paid by the Appellant.” The Appellant, through its counsel, Moshood Olajide, contended that under the finance (Miscellaneous Taxation Provision) No. 2 Decree 1996 amended section 3(1)(b) of PITA 1993 by deleting gratuities as income chargeable to tax. That by the clear wording of the 1996 Decree, gratuities are no longer taxable, and, therefore, remained the extant position in the PITA 2011 (as amended). He, therefore urged the Tribunal to discharge the assessment notice issued by the Respondent and a declaration that by the virtue of Decree 1996 all gratuities are tax exempt. But the Respondent, through its counsel, Obike Onyemeru, urged the tribunal to dismiss the appeal and sustain the demand notice. While he argued that there was no law expressly exempting gratuity in excess of N100,000 from tax, he contended that item 18(b) of the 3rd schedule to the PITA, CAP P. 8 LFN, 2011 (as amended) “has not been repealed and remains the extant law.”   Source: Investor King

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