September 13, 2019

How To Get Tax Identification Number (TIN)

Tax payment is compulsory for every business owner in Nigeria as well as employed Nigerian citizens. However, it is impossible to pay your tax or open a corporate bank account without your tax identification number (TIN). So, in this article, we will take you through the process of how to get TIN in Nigeria either as an individual or a company. Generally speaking, to get your TIN in Nigeria, all you need to do is:     Visit the nearest FIRS office     Request for the relevant documents or forms involved     Fill the forms correctly     Return the completely filled form to FIRS     Present your valid ID card e.g International passport, National ID card, Voters Card or Drivers license     Submit your passport and fingerprints Nevertheless, we have broken down this process to answer the frequent questions people ask about tax identification number. Ensure you read till the end. What is Tax Identification Number (TIN)? Basically, TIN is a unique number given to an individual, a registered business or incorporated companies for the purpose of tax payment. Usually, the number is issued by the tax office for proper identifications and order. Why Should I get A TIN? TIN is the prove you have to show that you are a registered tax payer in Nigeria. In addition to that, TIN helps you to avoid double taxation because your payment can be traced and verified. Not only that, TIN is required for:     Government loans     Foreign exchange     Tax clearance certificate     Opening corporate account     Application for certificate of occupancy     Application for trade, import and export licenses     Registration of Motor Vehicles   Source: Entrepreneur

How To Get Tax Identification Number (TIN) Read More »

FIRS Eyes N1.3tn Quarterly

The Federal Inland Revenue Service (FIRS) may generate as much as N1.3 trillion in a quarter from Value Added Tax (VAT) on all online transactions, based on the projection of the levy being kept at the present five per cent base. Executive Chairman of FIRS, Mr. Tunde Fowler, said yesterday at the African Tax Administration Forum (ATAF) Technical Workshop on VAT in Abuja that the agency would begin to impose VAT on local and international online transactions, with effect from January 2020. Figures obtained from the Nigerian Interbank Settlement System (NIBSS), the total value of online transactions in the country between January and March 2019, was N27.649 trillion. A breakdown of this showed that transactions on NIBSS Settlement Series stood at N1.2 trillion within the period; e-payment operations – N24.2 trillion; Point of Sales – N633.8 billion; ATMs – N1.5 trillion; Mobile Money – N810.1 billion and Web-payment – N107.6 billion. Therefore, should FIRS decide to fully implement this policy across all the payment channels, it would rake in N1.382 trillion in three months, being five per cent, the present VAT in the country, of the total amount within the period, as VAT. Although Fowler did not give details of how much the agency was targeting, FIRS has been striving to boost revenue generation for the federation in the face of dwindling oil revenue, the major source of foreign exchange earning for Nigeria, and it is hoping to diversify the nation’s revenue base from this income stream. FIRS officials contacted by THISDAY said since the modalities were being worked out, including what percentage of VAT to charge and whether the levy would be across all online platforms or not, it would be premature to discuss any projected earning for now. However, at the ATAF workshop yesterday, Fowler spoke on the potential of VAT as a major income stream, saying that there is the need for Nigeria to fully exploit the possibilities to generate more revenue. He said: “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.” 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 added. Fowler, who is also the chairman of ATAF, said the African tax outlook gave some starting points on the questions to ask regarding some aspects of VAT. He said: “Why does VAT contribute 51 per cent to total tax revenue in Senegal but only 17 per cent in Nigeria? Why is the ratio on VAT refunds at 49 per cent in Zambia but only one per cent in The Gambia?” He added that African countries would need to “closely look at the taxation of digital goods and services” to boost revenue generation as consumers increasingly patronise online trading activities. He said as civilisation gravitated towards digital platforms as a means of facilitating the day-to-day running of businesses and households, it had also become imperative to tax administrators to understand how this would affect VAT as a tax and how best to mitigate any challenges. He stated that increased digitalisation and the focus on reviewing related tax standards would enhance increased transparency between multinationals and the tax authorities. He said the VAT systems, if streamlined, should have a ripple effect in attaining useful data to guide effective tax audits in other areas. The FIRS boss described VAT as a high revenue-yielding tax on the continent, adding that despite challenges, stakeholders must explore effectively means to administer the tax, especially in ways that are equitable to the taxpayer. The Executive Secretary of ATAF, Mr. Logan Wort, also said the ATAF VAT Technical Committee was also monitoring developments in the construction sector and had already commenced work on guidance on VAT issues arising from the sector as governments in the continent sought to commit over $1 trillion for investment towards infrastructure development over the next 10 years. He said: “The 2018 edition of Deloitte’s Africa Construction Trends report indicated that as of June 2018, Africa had 482 projects, each valued at $50 million or above. In total these construction projects were valued at $471 billion. “This was an increase of 53 per cent of the total value of $307 billion recorded in 2017. In 2018, the top three countries in terms of construction projects were Egypt, South Africa and Nigeria. Egypt had the highest recorded number of projects, totalling 46 and accounting for 9.5 per cent of African projects. In terms of value, Egypt also topped Africa, recording projects worth $79.2 billion. This accounted for 17 per cent of the continent’s value of projects.” He also justified the need to shift focus to the digital economy to boost revenue drive amidst the present fiscal constraints being faced by individual countries “While construction is that of tangibility, the rise on the intangibles is common across the globe and indeed in Africa. Beset against the fourth industrial revolution, more and more, we realise that the “old way” of going to a shop to buy a product may not be the most effective

FIRS Eyes N1.3tn Quarterly Read More »

Global approach to digital tax is still on track

A global attempt by more than 120 countries to find a way to more fairly tax global internet giants is moving ahead despite individual countries’ deciding to impose their own tax, says the head of the international organization leading the project. Angel Gurria, secretary general of the Paris-based Organization for Economic Cooperation and Development, said Sunday at the Group of Seven summit in France that “what we are seeing is a very strong and a very clear signal of wanting to find a multilateral solution.” France introduced a 3% tax last month on digital companies that may be headquartered elsewhere but do billions in digital business such as advertising and retail in France. That includes companies like Google, Amazon and Facebook but also big Chinese and French online businesses too. The move has angered U.S. President Donald Trump, who is threatening tariffs on French wine in retaliation. The aim of the French tax is to stop the companies from setting up regional headquarters in low-tax jurisdictions to limit their exposure in high-tax countries like France. The French government says it will drop the tax if there’s a solution in the OECD process, which aims for a result by the end of 2020. France and other countries that have moved toward a tax on digital companies have said they would “sunset” their measures, meaning they would drop them if the OECD talks lead to a result. Under the OECD framework countries are working on a better way to define where companies are taxes. There is also a parallel effort to make sure that multinational corporations pay a minimum level of tax. The 36-country OECD is a source of economic data and brings together member and partner countries to work together on key global issues.   Source: Dayton Daily News

Global approach to digital tax is still on track Read More »

Common taxpayers suffered this tax filing season due to frequent changes

In the last month or so, several professional associations from across India have raised issues with the finance minister about the manner in which certain procedures, including online systems, followed by the tax department are causing difficulties for common taxpayers, instead of making life easier for taxpayers. At times, the systems cause insurmountable difficulties at the time of filing their income tax returns (ITR). One of the significant items pointed out is the late availability and constant changing of the ITR filing utility, which is an excel or java software that you fill in, and upload on the tax filing website. Earlier, the ITR formats for the year were notified sometime in May. Due to a high court order, these are now notified in the first week of April. However, you cannot file your ITR until the ITR filing utility is available, which generally (for most forms) does not come out till June. The problem does not end there. The tax utility often throws up mistakes like incorrect computation. For instance, till the first week of July, the tax utility did not compute the correct long-term capital gains (LTCG) on the sale of listed shares. Taxpayers with such LTCG had to wait till then to file their ITR. Further, the utility changes at frequent intervals, of a few days each. Therefore, if you download a utility, fill it partly and complete it after a week of getting all the relevant details, which most taxpayers do, you may not be able to upload the same utility. You will have to fill up a new utility all over again, and then upload it. The worst part is that there are many provisions in the tax utilities, whereby the income is computed in a particular manner once the details are fed in, which is at times inconsistent with court decisions. You are, therefore, forced to compute your taxable income in a particular manner, which follows the views taken by the tax authorities, though the law has been interpreted differently by the courts. When you had manual returns, you could choose to follow the views taken by the courts, and append a note explaining your stand. There is unfortunately no facility available to make such claims in the ITR, or to give an explanation regarding your view while computing your income. One, therefore, has to figure out an ingenuous way of filling in the ITR utility, whereby the income computed is in accordance with the stand that you adopt. Therefore, a taxpayer now has to understand tax laws, and also rack his brains to figure out a way whereby the utility computes income and taxes correctly. This makes tax filing a fairly complex and daunting experience for most taxpayers, who opt to outsource this task to professionals. The story does not end here. Many taxpayers receive notices from the Centralised Processing Centre stating that their ITR is defective and asking why they should not be treated as invalid since they are not correctly filled in, or threatening to increase their taxable income and their tax liability. Very often, such defects or mistakes are on account of the fact that taxpayers have used earlier versions of the tax filing utility, while the software processes all the returns on the basis of the latest utility. A clear case of early worms being penalized, instead of being rewarded. One of the major reasons for these problems is the fact that every year, so many changes are made in our tax laws, that the tax return forms necessarily have to be amended. Amendment in ITR requires amendment in tax filing utilities, often in a short period of time. The brunt of the defects in the software due to changes made in such a hurried manner is borne by the taxpayer. Perhaps, with the new direct tax law coming in, it is time that changes in tax laws and the format of tax return forms are carried out only once in five years, instead of every year. This will stabilize the systems and reduce the problems substantially. The other major problem is that the tax department is seeking to extract too much information from taxpayers, all of a sudden, or introducing such complicated provisions in laws that the software is not able to compute the income properly in the first instance. A classic case being LTCG computation for listed shares, with substitution of fair market value as of 31 January 2018. There are so many permutations and combinations at times, as in the case of capital gains for different types of assets, that bugs in the software are inevitable in the first instance. What we need, perhaps, are simpler and clearer laws, which again one hopes that one will soon have, with the new income tax law. Add to this, the penalties and the horrendous provisions for prosecution if you are lax in filing your ITR—that makes for a classic painful story for taxpayers. As Chanakya rightly said, “The ruler should act like a bee which collects honey (tax) without causing pain to the plant.” One hopes the government understands the underlying problems, and takes care to address these, rather than focusing on superficial issues.   Source: Live mint

Common taxpayers suffered this tax filing season due to frequent changes Read More »

FIRS Issues Public Notice On Taxability Of Certain Compensation Payments

Summary On 14 August 2019, the Federal Inland Revenue Service (FIRS) issued a Public Notice (PN) on deduction of tax at source from compensations paid to agents by principal companies. The PN directs companies to deduct and remit Withholding Tax (WHT) and Value Added Tax (VAT) on compensations such as commissions and rebates, which are due to their distributors and customers. Details According to the FIRS, the issuance of the PN is aimed at providing guidance to the public and in particular, taxpayers and advisers on WHT and VAT, which is deductible from the compensations or commissions due to distributors, agents and customers. In the PN, the FIRS stated that compensations and commissions earned by distributors/dealers are to be subjected to VAT and WHT. According to the PN, its position is based on its Information Circular No. 2006/02 issued in February, 2006 and the Companies Income Tax Act (Rates, Etc. Deduction at Source (Withholding Tax) Regulations. The FIRS, however, stated that a number of companies have failed to deduct WHT and VAT from such compensations and commissions. The PN, further requires companies (specifically those in the Fast Moving Consumer Goods (FMCG) Sector) to apply WHT and VAT on any compensation due to their distributors and customers. The FIRS stated that the duty to deduct and remit WHT or VAT will not be affected by the mode of payment (i.e. cash, credit notes, goods-in-trade or any other means payable). Based on the PN, such WHT/VAT must be charged at the appropriate rate and remitted to the FIRS on or before the 21st of every month. The FIRS further stated that it will commence the monitoring of compliance on relevant companies/transactions. Implication This PN implies that companies are to subject all forms of compensation payments including commissions and rebates granted to dealers, agents, distributors and general customers to WHT and VAT and remit same to the FIRS. The PN has some far-reaching implications especially for companies in the FMCG sector. The FIRS’ directive to companies to deduct VAT at source is not in line with the express provisions of the VAT Act. Except for transactions with non-resident companies or transactions with companies in the oil and gas sector, companies are not ordinarily required to deduct VAT at source under the existing VAT Act. Moreover, the applicability of VAT on rebates and discounts issued to distributors and customers remains a contentious issue given that they do not necessarily constitute income/revenue in the hands of the companies that enjoy it. Thus, the requirement to account for VAT and WHT on compensation payments and sales-incentives is unclear because giving a blanket directive without specifics as to the practical application of VAT and WHT on such category of transaction simply creates more ambiguities. Based on the above, we expect the FIRS to issue further guidance to provide additional clarity on the PN. Taxpayers are however advised to seek professional advice in order to review their existing business arrangements to ensure compliance with the provisions of the tax laws.   Source: Mondaq

FIRS Issues Public Notice On Taxability Of Certain Compensation Payments Read More »

Loading...