September 25, 2019

Mind Your Tax Affairs: Power to Recover Tax Liabilities

The Federal Inland Revenue Service (FIRS) is empowered to assess and collect established tax liabilities from entities. The tax laws also empowered the tax authority to charge and collected administrative penalties such late returns penalty, penalty late payment, etc. Tax Authorities do not have powers to impose taxes, only a court of law can impose taxes, fines or charges upon conviction. Where there is an established tax liability against an entity or the tax liability assessed against an entity has become final and conclusive, but the entity failed to defray the tax liability, the Tax Authority can appoint any person or institution (e.g. banks) as an agent to collect the unpaid tax on its behalf from the entity. Also, an established tax liability (Companies Income Tax (CIT), Tertiary Education Tax (TET), Capital Gains Tax (CGT), Value Added Tax (VAT) and Withholding Tax (WHT)), of an entity can be recovered from:     the entity – e.g. XYZ LTD.     the any principal officer of the entity – e.g. Managing Director, CEO, etc.     the any person appointed by the entity as attorney, factor, agent or a representative.     a receiver or liquidator. While entities are to comply with the provisions of the tax laws in terms of filing and payment of taxes, it is important to state that, no Tax Authority has powers or right to place lien on the bank account of an entity where a tax liability is yet to be established or when a tax liability is in dispute.   Source: Punch

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Rising trade permits, taxes our greatest challenge –Okpani

The President, Coker Building Materials and Allied Products, Mr. Justin Okpani, has said that his administration inherited disunited union at inception. He observed that traders in Coker Building Materials Market were solving their problems individually making the ability to have some of them resolved in their favour near impossible. Speaking exclusively to PropertyMart at the inauguration of the new executive at the market, Okpani who also doubles as the Managing Director of Joemed Global Concepts Ltd, returned with his team for a second term said they inherited various taxes and levies imposed on members of the union by the Local Government. He said, the union under his presidency contested the taxes and levies which were new with the local government but because the union was not as united as it should, the matter was settled in favour of the government. According to him, those taxes and levels vis-avis the fact that they were not how they used to be, was not acceptable to the union. “They kept collecting the double taxes and we took it upon ourselves to meet with them to discuss. Although, they eventually had their way, the Union did not find it funny. Another time was when there was increase in what we pay as trade permit. There was a 70 per cent increase which we also took up and discussed with the government authorities to reduce it to a reasonable amount so as to cut down the challenges we face in the market with regards to Nigeria’s current economic status. They again did not oblige us because they had their way, so it has remained like that,”he said. While fielding questions from PropertyMart on the handling of fake product merchants, the President said, Coker Building Materials traders are known for bringing in quality products. “Our major suppliers are from China. Initially, it used to be from Italy but because of the cost of Italian products, many people have now moved to China where the cost of production is relatively cheap. But then, all our products come here with good standards and they go through the Standards Organisation of Nigeria (SON) for testing. When it comes to standards, we are known for standard products. Yes, once in a while people from other markets bring in products that are substandards. Even the Chinese do import substandard products in the market and warehouse them and be coming to us to patronize them. But the Union through the Taskforce Unit always clamp down on them to see that such products do not penetrate into our own market,”he stated. In his respond, the Vice President of the Union and the Managing Director of Bluetech Limited, Mr. Oti Obinna while praying for the traders, said, “My advice to my colleagues in the market is for them to know that good name is better than riches. People should always do things knowing that their conscience should always guide them in whatever they do. It dose not stop at making money, it is about giving people, the teeming public, the customers; satisfaction for what they have paid for and then avoid cutting corners here and there, because the law will still catch up with whoever that does. Therefore, it is good for every trader to be upright in his business and do that which is genuine in the sight of God and sight of the law. “I want to tell my colleagues in the market is to tell them to be up and doing. “Be truthful in whatever things you are doing. Depending on your ability, try and be truthful and get that trust of your customers. Just be reliable so people will always believe you and trust that you are giving them your best,”he concluded.   Source: the sun

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Nigeria’s Federal Tax Revenue Agency Says New National Tax Policy Underway

Barring any last minute delay, the Technical Committee of the National Tax Policy Implementation Committee, NTPIC, will soon present a Finance Bill and Policy Note to the Minister of Finance and Budget Planning. Indication to this was disclosed at the second sitting of the committee on Tuesday, September 3, 2019 at the Federal Inland Revenue Service, FIRS, Headquarters in Abuja, by the Deputy Chairman of the technical committee, Dr. Bode Oyetude, who said that the sub-committee would finish its work in the next 10 to 15 days. “This is the second committee meeting we are having and we hope to bring it to a close in the next 10 to 15 days. We are working to put up a finance bill and policy note to the Minister of Finance, that would raise revenue and reduce the cost of doing business in Nigeria, deal with some areas of tax inequity, international taxation including profit shifting and base erosion”. At its inauguration, the executive chairman of FIRS, Tunde Fowler, charged the technical committee to work harmoniously to achieve the desired result. “I charge the Chairman and members of the Technical Committee with the responsibility of accelerating the drafting and submission of a draft Finance Bill (and if deemed necessary, any draft Executive Order (s), to harmonise the various tax and excise law reform efforts. It is our expectation that the Technical Committee will work assiduously over the next few weeks to produce a singular set of fiscal measures that will be considered and approved by the reconstituted NTPIC. Once agreed, these fiscal measures are to be submitted to the Economic Management Team and the Federal Executive Council for approval and ultimate transmission to the National Assembly, for passage into law as part of the efforts to support the 2020 Executive Budget Proposal.” The general committee is headed by Fowler with the comptroller-general of customs, Ahmadu Ali, as the deputy chairman, while Ambassador Adeolu Dipeolu who is also the special adviser to president Muhammadu Buhari on economic matters in the vice president’s office is the chairman of the technical-sub-committee.   Source: Punch

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Nasarawa private nurses complain of multiple taxation, harassment

General private nurses in Nasarawa State have complained of harassment and multiple taxation hampering the work of nursing and maternity homes. Chairman of the Association of General Private Nursing Practitioners (AGPNP) in Nasarawa, Angbas Stephen, listed the issues in its run-in with state officials at a meeting of the association’s national executive council in Karu. He said one of their challenges is: “The harassment by the inspectorate unit preventing the use of ultra sound as a diagnostic instrument in our facilities.” Nasarawa regulation requires signage indicating facilities where surgeries can legally be carried out. “The placement of plaques on the frontage of nursing and maternity homes bearing the inscription ‘No surgery here/Babu fida a nan’ is derogatory to the image of the nursing practice,” said Stephen. He said the nursing homes were suffering multiple taxation from local government officials at the same time the state ministry of health had hiked fees for licence renewal, charging the same as for hospitals. “There are no differences in the renewal feeds from the hospital and lower cadre of the health establishment in the state. Whether a hospital or clinic, it pays flat rate annually apart from other taxations in the state,” said Stephen. The association also complained about barriers to upgrade, saying presently nursing-and-maternity homes were unable to be “upgraded to hospital status, if they have the ability to do so.” Despite the issues, Stephen said the association’s relationship with “our parent ministry is cordial.”   Source: daily trust

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New national tax policy underway as committee sets to submit report

Barring any last minute delay, the Technical Committee of the National Tax Policy Implementation Committee (NTPIC) will soon present a Finance Bill and Policy Note to the Minister of Finance and Budget Planning. Indication to this was disclosed at the second sitting of the committee, Tuesday at the Federal Inland Revenue Service (FIRS), Headquarters in Abuja, by the Deputy Chairman of the technical committee, Dr. Bode Oyetude, who said that the sub-committee would finish its work in the next 10 to 15 days. “This is the second committee meeting we are having and we hope to bring it to a close in the next 10 to 15 days. We are working to put up a finance bill and policy note to the Minister of Finance, that would raise revenue and reduce the cost of doing business in Nigeria, deal with some areas of tax inequity, international taxation including profit shifting and base erosion”. At its inauguration, Executive Chairman of FIRS, Tunde Fowler, charged the technical committee to work harmoniously to achieve the desired result. “I charge the Chairman and members of the Technical Committee with the responsibility of accelerating the drafting and submission of a draft Finance Bill (and if deemed necessary, any draft Executive Order (s), to harmonise the various tax and excise law reform efforts. It is our expectation that the Technical Committee will work assiduously over the next few weeks to produce a singular set of fiscal measures that will be considered and approved by the reconstituted NTPIC. Once agreed, these fiscal measures are to be submitted to the Economic Management Team and the Federal Executive Council for approval and ultimate transmission to the National Assembly, for passage into law as part of the efforts to support the 2020 Executive Budget Proposal.” The general committee is headed by Fowler with the Comptroller-General of Customs, Ahmadu Ali, as the Deputy Chairman, while Ambassador Adeolu Dipeolu who is also the Special Adviser to President Muhammadu Buhari on Economic Matters in the Vice President’s Office is the Chairman of the Technical-Sub-Committee.   Source: Sun News

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