October 4, 2019

Pension, tax fraud whistleblower arraigned for false alarm

The Economic and Financial Crimes Commission, on Tuesday, arraigned a whistleblower, Lord Edem, before the Lagos State High Court in Ikeja for raising a false alarm over an alleged N700m pension and tax evasion fraud. Edem was arraigned before Justice Hakeem Oshodi on one count of making a false statement to a public officer. He pleaded not guilty to the charge. It was gathered that Edem provided false information to a public officer and the EFCC about the involvement of a company, where he was an employee, Starsonic and Sacvin Group of Nigeria, in a pension and tax evasion fraud. According to the EFCC prosecutor, S. O. Daji, the defendant claimed that the management and staff of the company were involved in massive pension fraud, tax evasion and other fraudulent activities to the tune of N700m. He added that the defendant committed the offence on August 7, 2019. The offence was said to contravene Section 96 (a) of the Criminal Law of Lagos State, 2011. Justice Oshodi, a vacation judge, ordered the remand of the defendant in prison, while the case file be returned to the registrar for re-assignment.   Source: Punch

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Why is it struggling to meet its tax targets?

Nigeria could be facing a fiscal crisis if it doesn’t improve its ability to collect taxes, the authorities have warned. Government expenditure has doubled and debt servicing costs have grown, but revenues have missed their targets by at least 45% a year since 2015. Despite that, the Nigerian president’s office has praised the work of the national tax body,the Federal Inland Revenue Service (FIRS), for doubling the number of taxpayers since 2015. Some online users were quick to ask if that’s true, why hasn’t there been an equivalent increase in government revenue, and as a result improvements in things like schools, roads and healthcare? Getting more people to pay tax In 2018, 19 million Nigerians paid into federal or state coffers, according to government data. A World Bank report in that year put the country’s economically active population at 65 million – so even with rising numbers of taxpayers in recent years, that is still less than 30% paying tax. The government has been going after individuals that it believes are liable for tax and have not been paying. Two years ago, the country offered a 12-month amnesty for Nigerians to declare and pay taxes on all previously undeclared income and assets to avoid penalty payments and possible prosecution. A World Bank report last yearsaid this was only partly successful with just 8% of the target achieved by the end of the amnesty period. However, many Nigerians will be reluctant to pay taxes because of concerns the money raised may be siphoned off instead of being spent on health, education and other public services. Oil price goes down. The big issue facing the government has been lower international oil prices and the recession experienced by the Nigerian economy in 2016. The average price of crude oil fell from around $113 a barrel in 2012 to just over $54 in 2017. Nigeria is Africa’s largest oil producer and between 2012 to 2014, the oil sector provided 57% of total government revenue. This fell to 41% between 2016 to 2018. The government says that value added tax (VAT) and company income tax have been on the increase since 2015. But a UN report this yearshowed that in 2018, Nigeria’s estimated VAT gap – the shortfall between potential and actual VAT collections – was one of the largest in Africa. VAT gap in selected African countries. Nigeria also says it is intensifying measures to collect tax from new revenue streams, such as online transactions. It has said it will ask banks to charge tax at 5% on online transactions, both domestic and international, from January 2020. A report this year by Oxford University’s Oxford Martin Schoolestimates that non-oil revenues have risen but adds that much of the gain has been wiped out by inflation and currency movements. How does it compare globally? According to some estimates, Nigeria has one of the world’s lowest ratios of tax to GDP. That is the total amount of tax collected as a proportion of GDP – the value of the country’s goods and services. In 2016, it was at 6%, going by figures from the Organisation for Economic Co-operation and Development (OECD), a grouping of the world’s leading market economies. That is the latest year for which data is available. The tax-to-GDP ratio in South Africa was 29%, Ghana 18%, Egypt 15% and Kenya 18%, says the OECD. The average for OECD members – which includes all the advanced economies – was 34%. The World Bank uses a slightly different measurement of tax take, which does not include most social security payments. This puts Nigeria’s tax-to-GDP ratio in 2016 lower at just 3.4%. In 2017, the ratio did improve to 4.8%, according to figures provided to us by the Nigerian authorities. We don’t have a figure for 2018, but it is worth pointing out that 15% is the levelwhich the World Bank says is necessary to achieve economic growth and poverty reduction. How do you improve tax take? Many other developing countries have a low tax-to-GDP ratio and recent data indicates that about 60 countries fall below the 15% threshold. Bernardin Akitoby, an assistant director in the IMF, says a typical advanced country has a tax to GDP ratio of around 40%. Mr Akitoby says there is no one-size-fits-all solution to increase the tax take – but there are a few lessons that can be drawn from countries that have been successful in the past:   Source: The constable

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TAX AUTHORITIES CANNOT IMPOSE ARBITRARY ASSESSMENTS ON A TAXPAYER

UPDATE! Recently, the Tax Appeal Tribunal (TAT) sitting at Enugu held that due process must be followed by tax authorities in demanding payment of taxes from taxpayers. This decision, made in the case of Polaris Bank PLC v Abia State Board of Internal Revenue (ABIR), reassures taxpayers that the tax authorities cannot impose demand notices on them, out of the blue. FACTS In this case, Polaris Bank received a demand notice for Pay As You Earn (PAYE), Witholding Tax, etc. from the ABIR after ABIR completed a tax audit on Polaris for the years 2006 – 2011. Polaris made an objection to the demand notice but later paid a part of the demanded taxes. ABIR later sent Polaris further demand notices and letters, giving Polaris seven (7) days in some instances and 48 hours in other instances, to pay up different taxes. ABIR stated that failure to pay the demanded sums would make the amounts final and binding on Polaris.   Source: The tax vile

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Tax authorities warned against scaring foreign investors

Tax authorities in the country have been warned against scaring off foreign investors from the country in their efforts to shore up government revenues. The Managing Consultant, Pedabo Associates Limited, Mr Albert Folorunsho, said the global tax compliance drive would have implications for Foreign Direct Investment in Nigeria. Folorunsho stated this while delivering a keynote paper at the investiture of Dr Titilayo Fowokan as the third state chairperson of the Society of Women in Taxation (Lagos Chapter) on Saturday. “Nigeria is not isolated from the global tax drive to boost revenue and prevent base erosion and shifting of profit from Nigeria to other tax jurisdictions,” he said. He said Nigeria and over 100 countries signed the multilateral instrument on prevention of profit shifting, adding that some measures were adopted by the Federal Inland Revenue Service from the global tax approach. Folorunsho noted that the FIRS had introduced other measures aimed at increasing tax revenue including plans to start charging Value Added Tax on all online transactions and strict enforcement of tax payment by placing lien on taxpayers’ accounts. He said, “Tax-related issues that can affect Foreign Direct Investment in Nigeria negatively are dividend tax; multiplicity of taxation by various organs of government; lack of advance tax rulings on certain issues; ambiguity in tax laws; wrong interpretation and application of the tax laws; uncertain tax regime, and circle of unending tax audits/investigations by tax authorities.” According to him, for Nigeria, FDI will be more affected by the approach of local tax regulators than the global tax drive. “This is because the global approach to tax drive is yet to be enacted into our local laws to make them applicable and effective in our environment,” Folorunsho said. He said the implication of the global tax drive by other jurisdictions for Nigeria might be positive if the country could operate a more friendly tax environment based on the existing tax laws. “However, aggressive tax drive by tax authorities can impact FDI negatively. Unhealthy approach to tax drive will scare investors from Nigerian economy. Though there has not been significant decrease in FDI to Nigeria for some years, tax drive cannot be said to be the factor responsible for the decreased inflow. Uncertain tax regime or hidden taxes will discourage FDI,” he added. According to Folorunsho, as the impact of the current global tax reform takes root, mobilisation of capital across jurisdictions will become fairer and more competitive. “Nigeria cannot achieve her full potential by increasing tax revenue alone. Government, in its effort to increase revenue generation through taxation, should always be mindful of its impact on the economic growth drivers, one of which is foreign direct investment,” he added. The President/Chairman of Council, Chartered Institute of Taxation of Nigeria, Gladys Simplice, said the CITN would continue to collaborate with relevant stakeholders towards sensitising all Nigerians on the need to pay their taxes. She said, “There is no hiding place for tax defaulters any more, in view of the increased collaboration among tax authorities and agencies towards ensuring that all corporate entities and individuals are brought into the tax net. “The recent launch of the taxpayer identification number registration system underscores the seriousness government accords to this.”   Source: Punch

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Less than 5% Imo workers pay taxes, says Ihedioha

Imo State governor, Emeka Ihedioha has said that less than five per cent of the state’s workforce of over two million pay taxes, saying that such a situation is unsustainable and unacceptable. Ihedioha, who stated this at the occasion of his 100 days in office, also banned tax payments in cash throughout the state and introduced PayDirect platform with a single account. He explained that the action was part of steps taken by his administration to ensure transparency and accountability in the state’s governance process. He also noted that that the state could not achieve growth without a sustainable revenue generating system, pointing out that his administration had adopted other measures designed to plug leakages and increase the state’s internally generated revenue (IGR).   Source: Guardian

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