August 1, 2019

FIRS, TETfund to generate more fund for tertiary institutions

The Federal Inland Revenue Service (FIRS) and the Tertiary Education Trust Fund (TETFund), have concluded plans to generate more funds through the education tax collection from non-oil sector to finance tertiary institutions and their various projects. TETfund’ Executive Secretary, Suleiman Bogoro, speaking at an interactive forum for stakeholders, themed: “Mitigating the Challenges of Education Tax Collection in a Recuperating Economy”, Bogoro noted that FIRS is making considerable efforts to grow taxes from the non-oil sector, while it looks forward to an increase in Education Tax from the present two per cent to four per cent of Assessable Profits. He said an increase in tax collection would translate to more funds to finance institutions’ projects, thereby improving education quality.“State governments, who establish most of the institutions, abandoned their funding, particularly in the area of capital projects to TETFund. This has to some extent reduced our impact in funding the education sector,” he said.  The Chairman, FIRS, Dr. Tunde Fowler, represented by Special Assistant, Mr. Aina Abiodun, said tax payment is important and everyone should pay for a better Nigeria.   Source: Punch

Failure to pay $97m tax: Midwestern Oil and Gas Company dragged to court

Failure of Midwestern Oil and Gas Company Limited to pay the outstanding tax liability due to the Federal Republic of Nigeria in the sum of $97,086,985.00.has prompted the Federal Inland Revenue Service to drag the company before a Federal high court in Lagos south west Nigeria. In an affidavit sworn to by Mr Ayodeji Jolaoso, a legal practitioner from the law firm of DAC legal practitioners, and filed before the court by Barrister Dapo Akinosun, the deponent averred that, as normal obligatory routine, Mid Midwestern Oil and Gas company filed its assessment notice for the year 2012-2013 which was delivered to the Plaintiffs showing that it made profit of $271.9 million and $173.6 million in the two years Federal Inland Revenue Service (FIRS) verified the company’s claim in its self assessment and discovered that the defendant did not pay any amount as its Petroleum Tax and Educational Tax for the year 2012 and 2013 respectively. FIRS thereafter assessed the company based on its declared profit for the year 2012 and 2013. It issued and served a notice of assessment dated 29th January, 2015 and demand notice 11th April, 2018.indicating the outstanding tax liability of the company covering Petroleum tax and educational tax. The break down of the outstanding tax liability of the company are as follows 1. Petroleum profit tax liability for the year 2012 is $65,065,644.00 2.Petroleum profit tax liability for year 2013 is $28,024,364. iii Education tax liability for year 2012 is $2,436,340. iv Education tax liability for year 2013 is $1,565,638.00 The total amount of the outstanding tax liability of the company due to the Government of the Federation from the taxes stated above is $97.086,985.00 The company did not raise any formal objection to the assessment and has since refused to pay the outstanding debt. The Plaintiff instructed its solicitor who wrote a letter further reminding the company of the demand for remittance of the outstanding tax liability. In attempt to settle this matter amicably, the plaintiff’s solicitor also invited the defendant to a meeting to discuss the payment of the outstanding tax liabilities highlighted above and other issues arising therefrom by a letter dated 19thSeptember,2018. The defendant has refused and neglected to pay its outstanding tax liabilities as assessed by the plaintiff despite all attempts made by the FIRS to ensure the remittance of the company’s Petroleum Profit Tax and Education Tax for the years for the years 2012 and 2013. Consequently, the FIRS,is urging the court to direct Midwestern Oil to pay its outstanding tax liability arising from the Petroleum profit tax, and Education tax assessed in the sum of $97,086,985.00. FIRS is also praying the court to direct the company to pay penalty of N10,000.00 daily as consequence of late payment of the tax due from 1st February, 2015.till the date its tax liabilities are remitted as prescribed by section 51(1) of the Petroleum. Profit Tax Act (PPTA) cap P13,Law of the Federation 2004 and Education Tax Act. CapE4,Law of the Federation of Nigeria 2004. Midwestern Oil and Gas Company has not file any defence. meanwhile the case has been adjourned till after court vacation for hearing.   Source: the news

Tribunal Fixes Aug. 16 For Settlement In FIRS

The Tax Appeal Tribunal sitting in Abuja, on Tuesday fixed Aug. 16, for Report of Settlement a suit filed by a company, “M FIFTEEN” Consultants against the Federal Inland Revenue Service (FIRS) and one other. The company dragged the FIRS, before the Tax Appeal Tribunal over alleged double taxation. Also joined in the suit are the Independent Electoral Commission (INEC) and the Nigeria Police. The company, said it was dissatisfied with the FIRS assessments of its Tax Liability. The Chairman of the tribunal, Mrs Alice Iriogbe, fixed the date after the appellant’s counsel, Mr Ifegbunachi Onwo, said parties had started and were currently taking steps to settle out of court. Iriogbe said: “since parties are disposed to settlement, the matter is adjourned until Aug. 16 for Report of settlement or continuation of hearing”. Earlier, Onwo sought for an adjournment to enable parties to meet and cement details. Also, the respondent’s counsel, Mr Adebayo Ogunmola, told the tribunal that there was a partial position as the appellant counsel had called him twice but parties have not been able to meet, he further stated that they were fully disposed to settlement and hoped it would not be a total waste of time. Also, INEC’s counsel, Mr Nnamdi Onyenwu, submitted that he was ready to incorporate the first respondent counsel’s position and was ready to align with the decision of other parties. NAN also reports that the company specifically said that it was dissatisfied with an intent letter by the FIRS imposing a tax liability of N14. 662 million on it without due consideration of all the material and available facts. The company further stated that the N7. 9 million captured as part of the tax liability have already been deducted at source by the FIRS and the police from the contract sum of the appellant. The company argued that it would amount to double taxation if FIRS expected the appellant to pay same again. It therefore sought the order of the tribunal to declare as null and void, the intent letter by FIRS dated April 7, 2014 . The company also sought an order of the tribunal directing INEC and the Police to show evidence of remittances to FIRS of the sums deducted from the payments made by the appellant in respect of contract executed. The appellant also asked the tribunal to direct that credit should be given to the appellant in respect of the tax deductions made on payments due to it from the INEC and the Police totalling N7. 9 million. The company further sought an order directing FIRS to issue it a tax clearance certificate which was withheld for the 2006 to 2011 year of assessment. Source: Leadership

Law firm denies involvement in tax fraud

A law firm, SimmonsCooper Partners, alleged by a newspaper report to be associated with or involved in a N100 billion tax evasion scandal with Alpha Beta Consulting Limited, has refuted the allegations and given the newspaper 72 hours to retract the accusation or face legal actions for defamation and malicious falsehood. The report alleged the law firm, formerly headed by Prof. Yemi Osinbajo SAN, before he was elected the Vice President of Nigeria, served as Company Secretary to Alpha Beta Consulting Ltd. In a statement signed by the Managing Partner of SimmonsCooper Partners, Mr Dapo Akinosun, yesterday, the law firm refuted the story, stating that it is not involved neither does it have a link with the alleged tax evasion. He further stated that the firm has never been retained by Ocean Trust Limited to offer secretarial services as alleged by the newspaper report. “As is custom with filings as Company Secretary, there is no acceptance letter by the firm consenting to the purported appointment, or any other filing undertaken by the firm as Company Secretary at the registry of the Corporate Affairs Commission”, he said. Akinosun acknowledged Osinbajo as a “one-time senior partner” of the law firm who resigned from the firm upon his election as Vice President of Nigeria, in line with international best practices. “SimmonsCooper Partners is a product of the combination of her members’ intellectual capital, industry and integrity garnered for several years. We are proud that Osinbajo continues to epitomize these values even in public service. “SimmonsCooper Partners intends to seek redress to the fullest extent available in law and has requested the newspaper to do all of the following: Remove from publication in their entirety the defamatory publication and all online threads to prevent further harm to the firm’s business; produce an apology and a declaration that the allegations referred to are false and defamatory and cause such apology to be published in each of the forums which have given or could give reason for our complaint; make proposals for the payment to us of damages for the harm caused to our reputation; and undertake to actively monitor and delete any newly published defamatory content relating to the firm. “If the defamatory publication and threads are not permanently removed and the above undertakings are not complied within the stipulated period, SimmonsCooper Partners reserves the right to undertake further action as appropriate.”   Source:  guardian

Manufacturers Oppose FG’s Planned Increase in Taxation and VAT

Manufacturers and providers of goods and services under the aegis of Nigeria Employers’ Consultative Association (NECA) wednesday expressed their opposition to the plans by the federal government to increase taxation, including the value added tax (VAT). NECA also called on the federal government to address the nation’s infrastructure deficit before the take-off of the African Continental Free Trade Area (AfCFTA). It lauded the signing of the agreement by President Muhammadu Buhari, saying the trade pact could enhance capital inflows into the country. It also warned that AfCFTA could harm the country’s economy in view of what it described as the variables of Nigerian businesses and industry. Speaking after leading a delegation of NECA to a meeting with President Buhari in the State House, Abuja, NECA’s Director-General, Timothy Olawale, said members of the delegation told Buhari that increasing tax this period would increase the burden of companies which were already paying more than they could bear. Besides, he said increasing VAT now would further impoverish the poor. A former Minister of Finance, Mrs. Zainab Ahmed, had said in June that the federal government was planning to increase VAT to 7.5 per cent from the current five per cent by 2020. She said the increment would help the federal government to shore up falling revenue. But Olawale said the delegation told the president that instead of increasing any tax rate, efforts should rather be geared towards broadening the scope of tax collection by going after 65 per cent of the citizenry who do not pay tax. He said if at all VAT would be increased, the increase should be targeted at luxury goods and opulent people and not the masses. “Basically, what we told the president is what we have repeated over and over again in the public domain, that rather than any increase in taxation because as it is, organised businesses are already being overburdened with all sorts of taxes and levies; as a matter of fact, we have calculated 105 different taxes and levies we are paying as we speak, which is cumbersome and burdensome. “So, we had advised that rather than resort to any form of increase in taxation, what government should be looking at is putting mechanism in place to widen the tax net in such a way that almost 65 per cent of non-compliant taxpayers are captured in the tax net. That way, more revenue will accrue into the coffers of the government. We specifically also voiced our concern with the suggestion and proposal out there that value added tax should be increased. “We have advised government that if it comes to be, it will reduce the purchasing power of Nigerian workers as well as the poor masses that the president, as we know, is working hard to improve their lot. We are saying that if government must as a matter of an avoidable necessity increase VAT, it should target luxury goods as well as the extra affluence in the society, not the poor masses or consumption goods and services that are for the benefit of the masses,” he said. On AfCFTA, Olawale said whereas the agreement was laudable and could enhance capital inflows into the country, it could also harm the country’s economy in view of what he described as the variables of Nigerian businesses and industry. He listed such variables to include poor infrastructure deficit, which does not make Nigerian goods and services competitive. According to him, to save the country’s businesses from chaos, the government must address the lingering challenges, otherwise, companies that are already struggling will eventually fold up when the implementation begins. “We don’t want a situation where our businesses are not competitive due to the disadvantaged environment in which they operate. Of course, we are all familiar with the disadvantaged environment with regards to the issue of agriculture among which is power and the issue of road network, that is transportation of goods and services and accessibility to the different business environment.   Source: Thisdays

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