September 11, 2019

CAC Apologises For The Current Disruption Of Its Online Services

The Corporate Affairs Commission apologizes to its esteemed customers and the general public for the current disruption of its online services, the disruption was due to infrastructure upgrade which was designed at enhancing service efficiency and customer experience. The Commission had on Monday 19th August, 2019 deployed additional online services for the processing of post incorporation applications as part of its infrastructure upgrade. Consequent upon the disruption due to the infrastructure upgrade, the Commission has set up Customer Support Services (CSS) at its State Offices nationwide to attend to complaints from members of the public. The CSS is in addition to the existing Help Lines. Also, the CAC has set up a dedicated support team at the on-going Nigerian Bar Association (NBA) AGC in Lagos to attend to complaints from delegates during the one week event. The Commission is doing everything possible to ensure that normal services resumes as soon as possible. The Commission appeals to the general public to exercise calm and regrets all inconveniences caused as a result of the disruption in its services.   Source: Proshare

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FIRS charges VAT on online transactions January 2020 —Fowler

The Federal Inland Revenue Service (FIRS) has said that it would start charging Value Added Tax on online transactions, both domestic and international, with effective from January 2020. The Executive Chairman of FIRS, Mr Tunde Fowler, disclosed this at the African Tax Administration Forum Technical Workshop on VAT on Monday in Abuja. Fowler said that a lot of countries in the world had identified Nigeria as a good market and many of them were into online businesses, adding that there was the need to tap the potentials to generate more revenue for the country. He, however, said that that the date of commencement of the VAT on online transactions would be subject to government’s approval.  “We have thrown it out to Nigerians. Effective from January 2020, we will ask banks to charge VAT on online transactions, both domestic and international. “VAT remains the cash cow in most African countries, with an average VAT-to-total tax revenue rate of 31 per cent. This is higher than the Organisation for Economic Cooperation and Development’s average of 20 per cent. “This statistics, therefore, is a validation of the need for us to streamline the administration of this tax with the full knowledge of its potential contributions to national budgets. “It is, however, also bearing in mind the rights of our taxpayers,” he said. According to him, in Nigeria, for example, VAT is critical to the development of projects at all levels of government. “VAT revenue is shared 15 per cent to the Federal Government, 50 per cent to state governments and 35 per cent to local governments. “FIRS wrote to all commercial banks in May 2018, requesting for a list of companies, partnerships and enterprises with a banking turnover of N1 billion and above. “This activity is aimed at ascertaining those companies that are compliant with the tax laws and those that are not,” he said. Fowler, who is also the chairman of ATAF, said that the African tax outlook gave some starting points on the questions to ask regarding some aspects of VAT.   Source: Punch

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Understand your income tax assessments and your tax debt

Once you have submitted your income tax return to SARS, you will be issued with an ITA34 – your notice of assessment – for the relevant year of assessment.  At the top of your assessment you will be given two important dates, that are often overlooked, although these dates are of vital importance to you as a taxpayer. The dates are your “date of assessment” and your “payment due date”. Each of these dates are unique to the relevant year of assessment and are determined based on the date which the return is submitted.  Now you may well ask what they mean? Well, let us unpack this for you.  The date of assessment is important to keep in consideration when deciding to object to an assessment or when wanting to request for a correction of an assessment. In terms of the Tax Administration Act, an assessment will expire after 3 years, meaning that 3 years after your date of assessment.  So, three years after the date of assessment, you will no longer be allowed to object to the assessment or request for a correction on that return that gave rise to the tax assessment.  The payment due date is the final date on which you will have to pay SARS the outstanding liability in respect of the assessment. If the outstanding liability in respect of the assessment is not paid on the payment due date, interest may well start accruing one month from the payment due date.  Interest will start accruing on the first day of each month until such time that the outstanding liability in respect of that assessment is settled. This interest along with the tax liability will be reflected on your statement of account (your assessed account)..   Source: IOL

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How FIRS, other agencies miss revenue targets

Experts List Ways To Rev Up National Revenue Aside observed economic challenges, the failing strategies deployed by the Federal Inland Revenue Service (FIRS) in the collection of tax revenue is leaving billions of naira out of government coffers, thereby shorting the country’s revenue budgets. Furthermore, other revenue generating agencies like ministries of Finance; Industry, Trade and Investments, as well as that of Budget and National Planning are increasingly tardy with reports of financial dealings, remittances of revenue, and avoidance of accountability. The nation’s tax authorities should, however, learn not to overstate facts, as it appears that tax expectations are not actually based on agreed liabilities, but estimated liabilities, which create false hopes and mostly result in disputes with associated costs to government. Meanwhile, tax and financial experts have proffered ways of ending the ongoing financial malfeasance, loss of revenue through leakages, lack of proper financial reporting and how to increase collections and remittances. The latest report of the Auditor-General of the Federation (AuGF), Anthony Ayine, which pointed out several infractions amounting to hundreds of billions, also spotted eight major ones in the Ministry of Budget and National Planning; 11 in the Ministry of Finance; four in the Ministry of Trade and Investment, and huge uncollected tax revenues by FIRS, all of which amounted to hundreds of billions of naira and creating dire fiscal crisis. The report also deplored the level of financial recklessness perpetrated by several government agencies, citing many violations of fiscal laws that have imprisonment and refunds as penalty. “As at April 2018, 109 agencies have not submitted financial reports beyond 2013, 76 agencies last submitted for the 2010 financial year, while 65 agencies have never submitted any account since inception,” the report said. In the Ministry of Budget and National Planning, N36.75m advances granted to some officers of the ministry were still not retired as at March 2017, with most of them granted amounts up to N4m and multiple advances without retiring the previous outstanding. “The above development is a contravention of extant regulations, which stipulates that advances in excess of N200, 000 should not be granted to any officer and that all procurement of stores and services costing above N200, 000 shall only be made through the award of contract by Local Purchase Orders (LPO), or Job Orders. “Non-compliance with this extant rule deprived government of revenue that would have been generated from VAT and WHT if contracts were awarded,” he said. About 42 payment vouchers with amounts totalling N30.93 million were raised and payments effected to members of staff and contractors for various services without relevant supporting documents, contrary to Financial Regulation 603(i). At the Budget Office of the Federation, about N4.96 billion was made available to the Budget Office of the Federation for Special Purpose Vehicle (SPV) Fund, however there were no records maintained for the receipt and disbursement of this huge amount. “Accounting books such as Vote books and Cashbooks were not maintained. Payment vouchers were not even raised while making payments. The only information available was the memo to the Director of Expenditure requesting for the release of the amount from the schedule officer stating that a committee had been set up for the management of the fund. “This act contravenes Financial Regulations 405 and 406 which require the sub- accounting officer of the benefiting MDA to maintain an appropriate record and ensure that the amount on the AIE is not exceeded,” he said. Also, four MDAs were paid the sum of N19.09 billion from the Service Wide Vote without the approval of the Minister of Finance, some of which were made on a purported verbal directive from the Director- General, contravening the Financial Regulations 301 and 302 which state that “recurrent expenditure is paid from the Consolidated Revenue Fund and no expenditure may be incurred except on the authority of a warrant issued by the Minister of Finance”. Among the 11 major infractions of the Ministry of Finance include the N48 million paid through a payment voucher dated October 12, 2016, to Federation Accounts Allocations Committee (FAAC) Post Mortem Treasury Single Account(TSA) account being payment for re-appointment of Consultants to the Post Mortem Sub-committee of FAAC. The payment for the consultants was made to a Sub-committee of FAAC and not directly to the Consultants, while the identity of the Consultants was not disclosed and there was no evidence that due process was followed in the engagement of the Consultants. Furthermore, the mandatory 10 per cent Withholding Tax and five per cent Value Added Tax (VAT) worth N7.2 million was not deducted from the payment made to the four Consultants, contrary to VAT Act No. 102 of 1993 and Financial Regulation 234, which says failure to comply would result in sanctions, including fines and/or imprisonment. At the Ministry of Trade and Investment, 13 payment vouchers with amounts totalling N60.39 million were raised for payment of estacode and air tickets to members of staff of the Ministry. However, all the payment vouchers, which were raised after the journeys had been embarked upon were without relevant supporting documents, as required by Financial Regulation 603, while all the efforts to get the supporting documents did not yield result. Source: guardian

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The dynamics of managing tax risk and controversy

Global tax risk and controversy are on the rise globally, especially for multinational enterprises (MNEs), and this is driven by a number of factors. The first part of this article is devoted to examining the general trends in the global tax landscape within which the MNEs operate in order to set the background. Later in the article, the various phases in the tax risk management process, and the tools available to manage risk under each phase are highlighted. The article then concludes by highlighting the risks created by tax controversy. First and foremost, businesses have become very dynamic, with transactions being structured in ways that were never envisaged at the time the tax laws were being enacted. We are now talking about e-business, digital economy, block-chain, robotics, to mention a few. All these developments present new challenges for Revenue Authorities, MNEs and their tax advisors alike.  Secondly, the global tax landscape is more volatile and contentious, hence causing more tax disputes and controversy. We have seen a plethora of tax reforms both in the United States and in the European Union coupled with the famous Brexit in the United Kingdom. All these developments have far-reaching ramifications for MNEs wherever they operate, including in the developing world.  Thirdly, Revenue Authorities around the world have become more aggressive and focussed on transactions taking place in their jurisdictions, especially by MNEs. The G20 countries as well as the member countries of the Organisation for Economic Cooperation and Development (OECD) and the Africa Tax Administration Forum (ATAF) have been at the forefront of driving this agenda. As the Ethiopians say, “The man that marries a beautiful wife, and the one that grows corn by the roadside, have the same problem”! The MNEs are the proverbial man that married a beautiful wife; every Revenue Authority wants to grab a share of what they perceive as income generated from its territory.  Fourthly, the rapid pace of tax law changes creates more tax risk and controversy since taxpayers find themselves always aiming at a moving target in their tax compliance agenda. In the wake of the finalisation of the OECD’s Base Erosion and Profit Shifting (BEPS) Project, many countries have embarked on a flurry of tax law changes, ranging from the traditional amendments to complete overhaul of tax laws. For example, Kenya, Uganda and Tanzania have in the past two or three financial years effected a number of amendments in their domestic tax laws; Rwanda, on the other hand, has taken a more radical approach in the past three years, issuing completely new Income Tax and Value Added Tax Laws as well as cancelling its Double Tax Treaty with Mauritius and negotiating an entirely new Treaty.  We are also witnessing increased information sharing among Revenue Authorities, presenting new challenges for multinational companies (MNEs). In the developed world, it is not uncommon for a multinational group to be handling a tax issue with the Tax Administration in one territory, only for follow-up queries on the same subject to be raised by the Tax Authority of another jurisdiction in which they operate. On the African continent, the Africa Tax Administration Forum (ATAF) is spearheading this. At the tail- end of July 2018, during my tour of duty in Rwanda, I was privileged to attend the ATAF High Level Tax Policy Dialogue that took place in Kigali. The subject of information sharing was high on the agenda; therefore, MNEs cannot afford to adopt a business-as-usual approach to their tax compliance agenda in Africa anymore.  Additionally, narrow tax bases in most of the developing countries mean that Revenue Authorities have become more unreasonable and aggressive in their approach and interpretation, especially when it comes to grey areas in the law as well as borderline cases, in order to meet increased tax revenue targets. For instance, Uganda Revenue Authority was tasked to collect about Sixteen Trillion Uganda Shillings last financial year; this has been raised to about Twenty Trillion for the current financial year. Hence, taxpayers should not expect to be faced with an overly reasonable taxman. As the Nigerian saying goes, “The frown on a goat’s face does not prevent it being taken to the market for sale”! In a nutshell, all the above trends imply that taxpayers and their business advisors must take a more holistic view of the tax legislative and regulatory environments within which they operate if they are to remain on top of their tax risk management agenda.     Source: New Vision

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