July 22, 2019

Tax Appeal Tribunal rules that withdrawal of voluntary pension may be taxable

The Lagos Internal Revenue Service (LIRS) following a tax audit for 2013 and 2014 years of assessment issued a Notice of Refusal to Amend (NORA) to Nexen Petroleum Nigeria Limited (“the company”). The LIRS assessed the company to additional liabilities on the grounds that the company had under remitted Pay As You Earn (PAYE) tax by taking statutory tax relief for Voluntary Pension Contributions (VPCs) made by its employees to pension fund administrators (PFA). Pension: The Tax Appeal Tribunal’s decision addressed the following key issues: That all pension contributions, including voluntary pension contributions without any limit, are tax deductible There is no requirement for the employer to ensure that VPC was not withdrawn by the employee within a period of time to qualify for tax deduction on the contribution. That the agency responsibility of an employer to deduct and remit PAYE does not extend to any tax that may become payable upon withdrawal of voluntary pension contributions by an employee from the PFA. This implies that where any withdrawal of voluntary pension is taxable, it is the employee who will be responsible for the tax. It does not however preclude the tax authority from appointing a valid agent (including the employer) for future deduction of any applicable tax on such withdrawal.   Source: Mondaq

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TAX: FG Targets 75% Non-oil Sector Revenue

The Executive Chairman, Federal Inland Revenue Service (FIRS), Mr. Babatunde Fowler, has projected that in the next three years, Nigeria’s non-oil revenue will be at about 75 per cent. He also anticipated that within same period, the number of tax payers in the country would have risen to over 60 million. Fowler, said this during an interview on Arise Television, that “If you look at where we are coming from and where we are right now, last year we did N5.3 trillion out of which the non-oil sector accounted for 53.6 per cent and that of course was the highest revenue generated in the history of Nigeria.” He also spoke on the recent inauguration of the Joint Tax Board identification number registration system, explaining that it was basically the same thing as the Tax Identification Number. “What we have now is a Consolidated Tax Data base. All tax payers within the country and corporate organisations have the tax information residing in one data base. “Prior to this, in line with the constitution, every state has a right to have a tax identification number for its residents. So if you have a transaction for example, in Lagos and you reside in Kano, the Kano Revenue Service will issue you a tax payer certificate which you would bring to Lagos. “Lagos will now manually confirm that the certificate is genuine and also access the tax based on the transaction you want to carry out in Lagos and at time, this takes a while. “Also, if they believe your taxes paid in Kano were not sufficient, they would ask you to pay additional tax but now at the touch of a button, your tax history can be seen by tax officials in Lagos and you can carry out your business seamlessly or if you want to do a government contract, and part of the requirements is that you show evidence of a tax clearing certificate, at the touch of a button, that official would see your tax status “This system also keeps accurate records of all payments to the government so if you want to check your payments from about three to five years ago, you would be able to access your tax information and adequate records of all your transactions. “It makes business much easier and also improves transparency and accountability and all these can be done 24/7 online, anywhere in the world.”   Source: Investor King

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N50bn tax: Rivers asks court to jail NDDC officials

The Rivers State Board of Internal Revenue has urged the Rivers State High Court sitting in Omoku to jail the acting Managing Director of the Niger Delta Development Commission, Prof. Nelson Brambaifa, and three other officials of the commission for alleged disobedience to a court order. The RSBIR accused Brambaifa and the other alleged contemnors of acting contrary to an April 17, 2019 order of the court, which directed the commission to pay the state N50bn “being outstanding tax liabilities owed the Government of Rivers State by the respondent (NDDC).” According to the RSBIR, the court further ordered the NDDC to pay an additional N20bn “as cost incidental to the recovery of the amount owed.” The agency said in a bid to enforce the April 17 court order, it sealed off the premises of the NDDC on April 23. It, however, said officials of the NDDC, without any court order, went ahead to unseal the commission’s premises on May 6 “and repossessed same and it (NDDC) is in use of same.” The RSBIR admitted that the NDDC had appealed against the April 17 court order directing it to pay the state N50bn and another N20m. It, however, noted that the application for the stay of execution of the order which the NDDC filed came after the RSBIR had already executed the court order.  As a result, the RSBIR is urging the court to commit Brambaifa and three others to prison for alleged contempt. Apart from Brambaifa, others whom the RSBIR urged the court to jail are Mr Chris Amadi, Mr Adjogbe Samuel and Mr Kaltungo Moljengo.   Source: Punch

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Alleged tax evasion: Lagos seals 14 firms

The Lagos State Internal Revenue Service has resumed the sealing of companies and hospitality firms over unpaid consumption taxes. LIRS sealed 14 firms during its tax law enforcement exercise on Wednesday. The LIRS Director of Legal Services, Mr Seyi Alade, said that two enforcement teams had been mobilised by the service for the state-wide exercise. Now, the service has resumed sealing of firms particularly the hospitality firms. It (LIRS) is committed to continuing the exercise until full compliance to tax payment and remittance are achieved,” Alade said. Alade claimed that less than 65 per cent of the corporate organisations operating in the state pay taxes, saying that many of them operated without any tax remittance to the government. He called on firms to ensure up-to-date tax payment. The Head of Distrain Unit of the LIRS, Mrs Ajibike Oshodi-Sholola, said that the two enforcement teams had sealed 14 hospitality firms, including restaurants, hotels and guesthouses. According to her, the tax liabilities of the affected firms covered from 2014 to 2016, saying that they were audited for the two years but had yet to make payment. “Before LIRS embarks on sealing, it must send two letters to the management of the affected firm, reminding it of tax liabilities. “Both the demand notice and letter of intention to distrain were sent to the management of hospitality firms but they failed to act,” she said.   Source: Punch

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