September 18, 2019

Ebonyi traders deny tax evasion allegation

Traders at the Abakpa Main Market, Abakaliki, have denied the allegation of tax evasion of levelled against them by officials of the Ebonyi State Government as the reason for invading the market and compliance. The traders spoke at a press conference in Abakaliki on Friday and urged the public to discountenance the allegation of tax evasion by the government. Southern City News recalls that violence erupted between the government officials and the traders when revenue agents forced their way into the market to enforce payment compliance. Mr Pius Mbam, who spoke on behalf of the group, said that traders at the market were law-abiding and always paid their taxes and other government approved revenues promptly. He stated, “We don’t have a problem with the government over tax payment or payment of any approved revenue in the market. Traders in the market are law-abiding, responsible and peaceful citizens, who pay their taxes to the government regularly. “We pay the N14,000 monthly business premises levy and stall fees to the Ebonyi Local Government Council. At no point has the Ebonyi State Government, its agents or privy has approached traders at the market through their leaders or individually over tax evasion or revenue default. “It is strange to us to hear that traders, who are peaceful and law-abiding, attacked Ebonyi revenue collectors, who came to enforce revenue payment compliance and to sanction those who refused to pay their taxes, including the business premises levy. “We are using this medium to inform the world that at no time did traders at the Abakpa Main Market, Abakaliki, defaulted in the payment of taxes or payment of any approved revenue. “We challenge government to show evidence of its claim. “Mr Peter Oba, who is not a shop owner or trader in the market, was brought in and imposed on the traders.” Meanwhile, the Special Assistant to the Governor on Internally Generated Revenue, Martin Ukwuegu, has insisted that the government revenue agents went into the market to enforce revenue payment compliance and denied that no trader was killed during the exercise.   Source: Punch

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No hiding place for tax defaulters in Nigeria – FIRS

In a bid to widen the tax net and upscale Nigeria’s revenue, the Federal Inland Revenue Service (FIRS) has come up with policies that would aid in fishing out companies and individuals that have over time defaulted in paying taxes. That was after the tax authority on Tuesday disclosed it has developed a common tax identity and it’s working closely with banks operating in the country in line with its statutory powers to ensure that tax evaders comply. “We are working in synergy with the banks at the moment and at present, we have access to everybody’s account, so there is no hiding place for tax evaders in the country. All we need to do is request information about any individual or company and we will get it,” said Ikechukwu Odume, FIRS General Counsel. Odume, who made this disclosure at the sideline of the ongoing 2019 Annual Conference organized by the Nigerian Bar Association (NBA) in Lagos, also noted that in other to drive full compliance, the FIRS developed and launched the Common National Tax Identity. “With the click of a button, we can have the tax number of every person so if you say you pay taxes we would know,” Ndume told Businessday. Africa’s largest economy, with a gross domestic product of $380.85 billion, has Tax-to-gdp ratio of 5.6 percent, one of the lowest in the continent, according to data from World Bank. Tax-to-gdp ratio in Algeria, South Africa, Morocco, Angola, Kenya and Egypt currently stands at 34.75; 26.80; 21.35; 19.25; 18 and 15.20 percent, respectively. In a show of dire need for revenue to fund the budget, the federal government through the Chief of Staff, Abba Kyari, queried the FIRS Boss, Babatunde Fowler, to provide explanation on the widening variance between actual revenue and budgeted from 2015 to 2018. In 2015, actual revenue collection by the agency was N3.7 trillion, compared with a budgeted target of N4.5 trillion, set by the federal government for the tax regulator. A similar shortfall occurred in 2016, when actual collection was N3.307 trillion, less than the N4.95 trillion targeted in the budget. Also, in 2017, the FIRS collected a total of N4.027 trillion, less than the set target of N4.89 trillion and in 2018, actual collection was N5.3 trillion, while the budgeted target was N6,7 trillion In response to the query, Fowler blamed the shortfall in actual revenue to dwindling economic activities from the fall out of a global collapse in crude oil prices that submerged the country’s economy into five quarters of negative contraction. To shore up revenue, the tax regulatory agency embarked on several aggressive strategies within is purview including placing a “lien” in the form of suspension on the bank account of defaulting tax payers. The FIRS released a public memo naming over 20,000 businesses that are yet to remit taxes into its coffers. It has also announced plans of taking a 5 percent Value Added Taxes (VAT) on all purchases done online from 1st January 2020. In response to controversy on how the tax regulator plans on axing online savvy customers, Nudume affirmed that the 5 percent would be collected directly from the bank accounts of the users differently from the VAT already charged by the ecommerce firm. “What we are trying to achieve for the online transaction is equity in tax. So, whether you buy goods online or physically, you will pay VAT,” Udeme said in an exclusive interview with Businessday. He noted that the FIRS was building a network of collaboration with the various tax authorities at the state level so there could be some kind of interchange of information on people paying tax so as to eliminate he issues of multiplicity of taxes. The collaboration between both arms have also resulted in the establishment of a Joint Tax Audit (JTA), where the federal and the state government tax authority, come together to audit companies, Udeme noted “We can know what is happening in states across the federation. For example, a company in Lagos may have employees in Ogun state and should pay tax in Ogun state but they work in Lagos. With the JTA, we should be able to ascertain how many of these companies’ tax should go to Ogun state, Lagos state and those that should go to the FIRS,” he said. According to Udeme, the FIRS has also come up with a National Tax Policy, that would help in driving he vision of the agency and remove every bottleneck hindering effective tax payment by taxpayers. For the agency, the National Tax Policy is the spirit that drives tax laws and reforms as it helps in detecting where tax is going, the things that the agency want in the tax, avoiding multiple taxation, efficiency in tax administration so that each government looks at it as a guide towards the laws that they are making. At the conference, Udeme urged lawyers on the need to buy into tax laws as they should be the ones driving tax reforms in the country. The FIRS representative expressed dissatisfaction, noting that over time, judges have a major impediment to the agency’s efforts in tax collection in the country as many of them fail to intensively study tax laws. He explained that the FIRS has shown enough empathy in tax collection if the powers given to the agency is anything to consider.   Source: Business day

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FIRS notice on taxability of certain compensation payments

Andersen Tax, a renowned tax advisory and regulatory services firm has noted some implications of the recent notice issued by Federal Inland Revenue Service (FIRS) on taxability of certain compensation payments. On 14 August 2019, the FIRS issued a Public Notice on deduction of tax at source from compensations paid to agents by principal companies. The notice 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. According to, Andersen Tax, “This notice 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 notice 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,” it added. Andersen Tax further stated that, “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, they expect the FIRS to issue further guidance to provide additional clarity on the public notice. 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 notice, 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 notice 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.   Source: Business day

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Stakeholders Advocate Tax Earmarking For Tobacco Control

Participants at a high-level session on tobacco tax earmarking convened by the Nigeria Tobacco Control Alliance (NTCA) and the Federal Ministry of Health have highlighted the importance of the establishment of Tobacco Control Fund for successful implementation of tobacco control policies in the country. The meeting, held in Abuja on Wednesday, was attended by senior officials from the Federal Ministry of Finance, Nigeria Customs Service, Ministry of Budget and National Planning, Federal Ministry of Industry, Trades and Investment, Budget Office of the federation, Federal Inland Revenue Service (FIRS), as well as Centre for the study of economics of Africa and the Environmental Rights Action/Friends of the Earth Nigeria (ERA/FoEN), among others. In a communiqué issued at the end of the event, participants noted that tobacco is a leading cause of death globally and the tobacco issue in Nigeria requires urgent attention, especially with the various novel products and advertising methods that the tobacco industries are contriving. They averred that the burden of tobacco-induced diseases on public health of the country is high and concerted effort is needed to address the spate of tobacco induced diseases (non-communicable diseases) in the country. They stressed that according to global best practices and recommendations of various experts, high tobacco taxes remain the single most effective and cost effective way to reduce tobacco use. It was observed that healthcare and health coverage in Nigeria are underfunded and tobacco control needs more funding, which can be achieved through earmarking of tobacco taxes because of its success rate in other countries.   Source:  Leadership

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FIRS strategies will improve tax revenue, says CITN

The Chartered Institute of Taxation of Nigeria has expressed confidence that the current strategies and initiatives of the Federal Inland Revenue Service will improve revenue collections. The Registrar/Chief Executive, CITN, Adefisayo Awogbade, said the institute had observed that since August 2015, the FIRS target for two major non-oil taxes, Value Added Tax and Companies Income Tax increased by 52 per cent and 45 per cent respectively. She noted that the FIRS had “adopted unique innovative strategies and initiatives in the collection of VAT during the period (2015–2017) that led to approximately 40 per cent increase over 2012-2014 collection figures.” She said, “The various initiatives included ICT innovations, taxpayer education, and taxpayer enlightenment and evaluation. “This period has not only witnessed increase in absolute collection figures, but has more than ever increased taxpayer base and has brought tax compliance consciousness to the Nigerian populace, among others.” According to Awogbade, there has never been a time in the modern history of Nigeria that taxation has become a serious issue for conversation. She said, “As part of our tax review mechanism, our institute exudes confidence that the current strategies and initiatives will improve revenue collections and meet the expectations of the government. It is hoped that with the adoption of more tax compliance strategies, the tax base will experience further widening to include more people, sectors and businesses into the tax net for enhanced revenue generation. “The FIRS has done credibly well and needs to be commended for these great giant steps by government and all well-meaning Nigerians. The job of tax collectors is a tough one as tax payers do loathe them. We are convinced that we have made some progress but yet to reach our objectives as regards taxation in Nigeria.” The CITN boss urged the FIRS to join hands with the institute in its quest to make taxation the foremost driver of revenue generation in the country.   Source: Punch

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