September 17, 2019

Pay your tax, Buhari group mocks Obasanjo

The Buhari Media Organisation (BMO) has expressed surprise that a company owned by a former President, Olusegun Obasanjo, is on the list of over 19,000 tax defaulters recently released by the Federal Internal Revenue Service (FIRS). The BMO, in a statement on Thursday by its chairman, Niyi Akinsiju, and Secretary, Cassidy Madueke, said it was a major indictment on the former President that the Obasanjo Farms Nigeria Limited (OFN) was on the list of tax defaulting companies in the country. “It is a big surprise that a company owned by a former President who sees himself as the father of modern Nigeria is on a list of companies that have run afoul of the nation’s tax laws. “We also consider it a thing of shame for General Obasanjo not to pay taxes as at when due, especially as he is known to pontificate either at public for a or through open letters against societal ills, aside from launching scathing attacks against all sitting Presidents after him. “We do not see why he should stop writing letters or speaking out against societal ills, but it would be hypocritical for him not to pay his company’s taxes as at when due. So our message to former President Obasanjo is: Keep writing open letters to Nigerians but do not forget to pay your taxes,” the BMO said.   Source: Daily trust

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FIRS’ action embarrassing – Assemblies of God Church

The Assemblies of God Church, Nigeria, has described as embarrassing the listing of the Church by the Federal Inland Revenue Service, FIRS, as one of the tax defaulting companies. It was gathered that the Government revenue agency had listed the church alongside 19,901 other accounts that were yet to regularise their tax status. A statement it posted to that effect had read: “This is to notify all Companies, which had their Bank Accounts placed under Lien by the Federal Inland Revenue Service (FIRS) pursuant to Section 31 of the FIRS Act, but are yet to regularise their tax status with the FIRS, that if they fail, refuse or neglect to pay the tax due within 30 days of this Notice, the FIRS shall in accordance with Section 49 (2) (a- d) of the FIRS Act proceed and enforce the payment of the said tax against all the Directors, Managers, Secretaries and every other person concerned in the management of the Companies and recover the said tax from such persons without further notice.” Reacting on Thursday through a statement in Enugu by its General Secretary Rev Dr Godwin Amaowoh, Assemblies of God Church said its listing among the category of tax defaulters was a height of official recklessness. While describing the development as an act fueled by ignorance, the Church demanded the immediate retraction of the said publication. “We received with bewilderment and embarrassment publications classifying the Assemblies of God Church, Nigeria among tax defaulting companies. “It came to us with huge surprise considering that at no time had religious organizations been taxable in Nigeria, and how the Assemblies of God Church, Nigeria, now became an exception beats our imagination. “It is either the person who did this categorization and fueled the publications in some online media outfits did so out of ignorance or it was an act of mischief. We say ignorance in the sense that the person who listed the Assemblies of God into list of defaulters may need to be taught that Churches are not taxable, or mischief as the person may have chosen to deliberately embarrass the Church. “Either way, we demand that for whatever intent and purpose, the said misleading and embarrassing publication should be retracted by the FIRS. “The Assemblies of God is a law-abiding Church and would not allow its name to be dragged into an act of lawlessness and disobedience to the extant laws of the land. “For the avoidance of doubts, The Assemblies of God Nigeria as Registered with the Corporate Affairs Commission is a non-profit making Organization and the Law respects That” “While we await the FIRS to do the needful in this regard, we urge all our members to remain calm as there is no cause for alarm,” he said.   Source: Daily post

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FIRS To Pursue Directors

Federal Inland Revenue Service (FIRS) on Monday, 19 August 2019, issued a public notice mandating companies with lien on their accounts to regularise their tax status and pay the tax due within 30 days of the public notice. In the event of non-compliance within the stated timeline, FIRS has stated its intention to recover the tax liabilities from directors, managers, secretaries and other management staff of such companies. This final warning appears to be linked to FIRS’ decision to publish a list of over 19,000 corporate tax defaulters with the name of their bankers. With these publications, it appears that FIRS is poised to go all out in order to fully recover “outstanding tax liabilities”. It would be recalled that in March 2019, FIRS issued a warning to taxpayers on the impending lien to be imposed on their bank accounts for non-compliance with provisions of the enabling tax legislation on value added tax and withholding tax. The March 2019 warning emanated from an earlier FIRS notice mandating banks to place a lien on defaulting taxpayers’ accounts for a period of 30 days. Please click here to access our earlier tax alert in this regard. Though FIRS is empowered, under Section 31 of the FIRS (Establishment) Act (FIRSEA) and Section 49 of the Companies Income Tax Act (CITA), to appoint any person to be the agent of a taxable person for the purpose of recovering tax debts from such taxable person, such powers become exercisable when there is a confirmation of the alleged tax liabilities. Comments and reactions from various concerned taxpayers would suggest that the matter of outstanding tax liabilities are, at best, mere allegation in some instances. Please click here to access our detailed analysis on this subject. The above notwithstanding, we advise that taxpayers should continue to review their tax records and ensure compliance with the law to avoid disruption to their businesses. Additionally, the companies affected by this notice should liaise with the relevant consultants and FIRS on how to resolve all the issues going forward.   Source: Mondaq

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Businesses that may be affected by FIRS’ new VAT policy

Businesses operating in Nigeria’s internet space are preparing to add value-added tax (VAT) to their cost of doing business. Babatunde Fowler, executive chairman of the Federal Inland Revenue Service (FIRS) recently announced that the service will extend its tax net by charging 5% VAT on online transactions. Since its inception, the Muhammadu Buhari-led administration has made attempts to increase government’s revenue.In collaboration with the FIRS, Kemi Adeosun, the administration’s first minister of finance, introduced programmes like the Voluntary Assets and Income Declaration Scheme (VAIDS) and Voluntary Offshore Assets Regularisation Scheme (VOARS), which mandates citizens to pay tax on offshore assets. Adeosun and Zainab Ahmed, the current minister of finance, budget and national planning, have also made statements about Nigeria having a revenue problem, not a debt problem. Although the FIRS has not released the details of how this directive will be carried out, checks by TheCable suggests that these under-listed businesses will be affected. DOMESTIC SHOPPING WEBSITES With the advent of the internet in Nigeria, a number of domestic shopping websites have found a place in Nigeria. The most popular of these shopping websites are Jumia and Konga. These platforms offer a wide range of products and services which are all web-based. One might argue that these platforms carry some items that VAT has already been considered in the final retail price. These are some of the fine details that the FIRS will work out. FOREIGN SHOPPING WEBSITES According to the 1993 VAT act which was amended in 2007, “any service received from outside Nigeria other than those listed in appendix 1 to this Circular (i.e. the list of exempted goods and services) attract VAT at the normal rate of 5%”. In a recent interview, Folwer said it does not matter if the item has already been vatted in its originating country. “If you reside here, have your business here, and you make a purchase outside the shores of this country, you’re expected to pay VAT. Whether the invoice from that foreign merchant includes VAT in its bill to you or not,” he said. TECH COMPANIES The directive will apply to these companies on products that are sold locally. This is because the VAT act states that all non-oil exports are zero-rated. For example, Andela would be required to remit VAT for software sold locally but this will not apply to software sold to foreign companies. WEB-BASED TICKETING PLATFORMS Thinking about attending that next Davido or Tiwa Savage show,? From January 2020, organisers who choose to sell tickets online would have to remit VAT to the FIRS. However, plays and performances conducted by educational institutions are exempted from VAT. NETFLIX, IROKOTV Subscriptions to these movie streaming services are carried out online. Entertainment services are not VAT-exempt hence, they will be required to remit VAT on their subscriptions when the directive becomes effective. iTunes Like the movie streaming platforms, music streaming platforms like iTunes will also be required to remit VAT. FACEBOOK, INSTAGRAM, TWITTER Although these might appear like regular social media platforms, subscribers who use their promoted post services will be charged VAT. The VATable services may be more or less depending on the implementation framework released by the FIRS. UBER, BOLT, GOKADA, O’PAY These transportation companies rely on the internet to connect with customers and riders. Like the local shopping websites, they are directly affected by this policy. INSTAGRAM VENDORS According to the FIRS boss, banks will act as collection agents for the new policy. Instagram vendors often require that customers pay money into accounts registered with the names of their businesses. These accounts could be pointers to business transactions for banks. ONLINE LOGISTICS COMPANIES A lot of companies and businesses depend on delivery/dispatch/logistics companies to complete their transactions. Some of these logistics companies carry out the majority of their transactions online thereby making them eligible to pay VAT.   Source: The cable

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VAT rises by 17% to N312 bn in Q2’19

The revenue generated from Value Added Tax (VAT) in the second quarter of 2019 (Q2’19) rose by 17 percent to N312 billion from N269.79 billion in the corresponding period of 2018. The National Bureau of Statistics (NBS), yesterday, disclosed this in its sectoral distribution of Value Added Tax (VAT) data for Q2 2019. The report showed that ‘Other Manufacturing’ sector generated the highest amount of VAT of N34.43 billion during the period. The report stated: “Sectoral distribution of Value Added Tax data for Q2’19 reflected that the sum of N311.94 billion was generated in Q2’19 as against N289.04 billion generated in Q1’19 and N269.79 billion generated in Q2’18 representing 7.92 percent increase quarter-on-quarter, QoQ, and 16.95 percent increase year-on-year, YoY. FG generates N808bn from VAT in 9 months — NBS(Opens in a new browser tab) “Other manufacturing generated the highest amount of VAT with N34.43 billion generated and closely followed by Professional Services generating N29.58 billion, Commercial and Trading generating N16.27 billion while Mining generated the least and closely followed by Pharmaceutical, Soaps & Toiletries and Textile and Garment Industry with N50.60 million, N250.09 million and N316.91million generated respectively. “Out of the total amounted generated in Q2’19, N151.56 billion was generated as Non-Import tax locally while N94.90 billion was generated as Non-Import VAT for foreign. The balance of N65.48 billion was generated as Nigeria Custom Service (NCS)-Import VAT.”   Source: Vanguard

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