October 8, 2019

Limitation Period And Validity Of Some Taxes And Levies

In 2017, ASBIR conducted a tax audit on Polaris Bank. Subsequently, the Board issued the Bank with a demand notice accompanied by a tax assessment for payment of outstanding taxes and levies comprising of Withholding Tax (WHT), Pay as You Earn (PAYE), Development Levy, Business Premises Levy as well as interest and penalties for under remittance of its tax liabilities for 2006 – 2011 tax years. The Bank objected to the assessment and subsequently appealed to the TAT. One of the major issues for determination at the TAT was whether ASBIR was entitled to collect penalty and interest based on the demand notices served on the Bank. The Tribunal held that Polaris Bank was not liable to taxes (including interest and penalties) on the assessment because the period assessed (2006 – 2010) exceeded the six years audit period allowed for tax authorities to make additional tax assessments pursuant to Section 55 of PITA. On whether the assessments were final and conclusive, the TAT held that the tax assessments by ASBIR were not final and conclusive because the Bank made a valid objection to the assessment within 30 days from the date the assessment was made as required under Section 68 of PITA. With respect to the Development Levy and Business Premises Levy, the TAT held that the ASBIR could not collect the levies because there was no primary tax legislation which provided for the imposition of the levies by the ASBIR. The Tribunal noted that the Taxes and Levies Act is not a primary tax legislation and also emphasized that the fact that Polaris Bank had paid the levies in the past would not make them liable for the levies.   Source: Mondaq

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Despairing VAT review

ARMED with a twin-argument on the need to raise revenue and match the continental standards, the Federal Government is about to implement a hike in value-added tax rate from five per cent to between 7.2 and 7.5 per cent. First, the Minister of Finance, Budget and National Planning, Zainab Ahmed, said the sub-national governments in particular would need to fund the new minimum wage with the extra income from VAT. Second, at the current rate, government argues that Nigerians are paying the lowest VAT in Africa. It is a truism that modern governments run on tax, but beyond the mere increase of the VAT rate, the most critical issue for the authorities is to implement a wider, holistic tax reform. An increase in VAT now will hurt low-income Nigerians the most. If the controversial proposal sails through in the National Assembly, VAT revenue will shoot up to N2.09 trillion in 2020, Ahmed stated. She said, “The Federal Government will be receiving proposed aggregate of N4.26 trillion from the Federation Account and the VAT pool. The states and local governments are expected to receive N3.04 trillion and N2.27 trillion respectively.” On the surface, this looks sound. To the government, the upward VAT adjustment is enough to meet the increased personnel costs of the three tiers of government. Currently, with N18,000 as the minimum monthly wage, a majority of state governments find it difficult to pay wages and pensions so the extra funds will come in handy. Already, without the implementation of the new minimum wage, the personnel cost of the Federal Government rose from N1.7 trillion in 2017 to N2.1 trillion in 2018. So, the new rate is also essentially to cater to the new wage of N30,000, the implementation of which is being delayed by the consequential adjustments for senior civil servants. In all this, government is emboldened by the situations in other climes. At five per cent, the authorities collected N1.1 trillion in 2018, amounting to 0.09 per cent of Gross Domestic Product compared to about 3.8 per cent in the Commonwealth and ECOWAS, a PwC report notes. The government is disingenuous when it cites higher VAT rates in other countries. A World Bank report argues that VAT potentially distorts consumer behaviour less than many forms of indirect taxes and may therefore be comparatively efficient in generating government revenues. However, they involve some drawbacks, both in terms of efficiency and equity. By law, the European Union member countries are required to levy a standard rate of at least 15 per cent, but permit a reduced rate of at least five per cent, thus enabling members to have several rates to protect the lower income earners. Cyprus has a standard rate of 19 per cent, but charges only five per cent on basic foods, medicines, books and newspapers while charging nine per cent on catering and hospitality, its mainstay. Germany, Montenegro, Malta and several other EU countries also charge far less on food and medicines. VAT is used creatively elsewhere to meet national economic goals. But that is only half of the story. In most of these countries, social infrastructure is available and works efficiently. The tax net is inclusive and evasion and leakages are punished maximally. Here too,  23.9 per cent or over 20 million of the working population is jobless, inflation at 11.37 per cent by first quarter 2019 and GDP grew a disappointing 1.9 per cent in 2018, while foreign transactions on the Nigerian Stock Exchange dropped by N106.31 billion and domestic transactions dropped by 71.16 per cent. At a time like this, revamping the economy and creating jobs should be the primary goal; government should avoid policies that will translate into higher cost of living, higher costs for business or more factory closures and job losses as enunciated by the distraught private sector. It is a simple economic principle that keeping more money in people’s pockets is one sure way to get the economy back on track and reduce poverty. Nigeria is already the poverty capital of the world and the current figure of 94.35 million extremely poor could rise. An increase will invariably raise the inflation rate as VAT, a tax on all goods and services in the country, including imports, will hit the most vulnerable in a country that is import-dependent, even for food. The cynical resort to across-the-board tax increase to meet the increased wages of less than two per cent of the population is defeatist. Generally, poorer households spend a larger proportion of their income. A VAT is therefore regressive if it is measured relative to current income and if it is introduced without other policy adjustments. The government’s argument that it will make more money available to the states, who take 85 per cent of it, is also puerile as it imposes an unfair burden on Lagos that contributes 55 per cent of VAT, the FCT 20 per cent, while the remaining 35 states generate only 25 per cent.  To be sure, VAT rate, after 25 years, ought to be reviewed in line with current realities and national aspirations; It can be raised for some goods and services, lowered for others or the increase could be graduated over a period. The trouble with our public finance is mostly one of excessive spending, not inadequate VAT.  Corruption and waste define governance here. Wealthy Nigerians hardly pay tax. No serious government should feel comfortable in a situation where only 14 million of the 69 million taxable Nigerians file their tax returns annually. It is unimaginable that only 214 Nigerians paid up to N20 million or more as tax in Africa’s largest economy, according to the Vice-President, Yemi Osinbajo. The government should summon the political will to ensure that the well-heeled who are currently not captured in the tax net are brought in. In functioning countries, government takes serious exception to tax evasion, for which reason the offenders are seriously punished. National Assembly members are set to buy cars with public funds; the

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Oyetola seeks monarchs’ support on tax payment, service delivery

Osun State Governor, Adegboyega Oyetola, has solicited the support and cooperation of traditional rulers on the need to mobilise their subjects to pay taxes regularly. He said the call was necessary to help the administration actualise its dreams of boosting the revenue profile of the state. Governor Oyetola spoke, yesterday during the presentation of staff of office and instrument of appointment to the newly appointed Olulamokun of Yakooyo, Oba Oyewole Oyediran, at Ife-North Local Government Area. He said the government will remain faithful to its avowed commitment to make life bearable for all citizens. The governor urged the monarchs to support the policies and programmes of the administration designed to move the state forward. He further implored the them to work in partnership with the government and security agencies, saying the government would continue to count on their support in the maintenance of peace, security, law and order. “I solicit more of your cooperation and prayers. The task of governing Osun and delivering the dividends of democracy is not a one-man show. It is the responsibility of all, which calls for involvement of all. “I, therefore, enjoin you to pay your taxes and rates as and when due,” Oyetola said. Earlier, Ooni of Ife, Oba Adeyeye Enitan Ogunwusi, lauded the administration for being responsive and responsible to the people’s needs. Yakooyo Progressive Union President, Adewale Oyebowale, called on the residents to be united to move the town forward. In his response, Oba Oyediran thanked Governor Oyetola, the Ooni of Ife and people of the town and promised to put in his best to advance the socio-economic life of the people of the town and the state as a whole. Meanwhile, the state government has disclosed that, as from today, it will begin the inauguration of 100 revitalised Primary Healthcare Centres (PHCs) across the state. The government said the revitalisation exercise would cover 332 PHCs, which is one per ward. It, however, disclosed that100 of them had been completed, some of which had already been put to use from the day they were completed because of exigency. The government noted that 21 PHCs would be inaugurated in the first phase, while the remaining would be done later. This was disclosed by members of the Osun Health Revitalisation Committee, Rafiu Isamotu, who was the immediate past commissioner for Health and Remi Omowaye at the Conference Room, Ministry of Health, Government Secretariat, Osogbo.   Source: The Sun

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This thread exposed everything that’s wrong with Nigeria’s VAT

Last week, the Minister of Finance announced the Federal Executive Council had approved an increase in VAT from 5% to 7.5%. Minister Zainab Shamsuna Ahmed also went further to explain that the government will be engaging with various stakeholders in a bid to get the increased passed into law by the National Assembly. As expected, there have been several commentaries around this announcement with some for or against the policy. However, a twitter user and Senior Manager Tax and Transfer Pricing at KPMG Victor Adegite, weighed in on the discourse providing a useful insight into other areas of Nigeria’s VAT system that is perhaps flawed. He tweeted this in a series of thread which we have put together as an article for our readers who may not be on twitter.   Source: Nairametric

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Challenges for global taxation

The digital transformation of the global economy and the shift towards a user-based digital market that has been primarily driven by the evolution of the internet and the increasing interconnectedness that it facilitates between people and multinational enterprises (MNEs) create significant tax challenges for all jurisdictions and for international taxation. The tax challenges relating to the digitalisation of the economy and in particular the fact that many MNEs have reduced their effective tax rate significantly (via the exploitation of the existing ‘nexus’ rules through targeted international tax planning) by shifting profits to low (or no) tax jurisdictions, rather than paying their share of taxes in the jurisdictions where value is created, have been a key aspect of the Base Erosion and Profit Shifting (BEPS) Action Plan implemented by the Organisation for Economic Cooperation and Development (OECD). The main challenge that the OECD aims to address is the one that relates to the existing “nexus” rules that allocate the right to tax the profits of non-resident enterprises to the jurisdiction where these profits are sourced and where physical presence exists (i.e. through the creation of a permanent establishment). The profit allocation as per the existing “nexus” rules is based on the arm’s length principle and the authorised OECD approach by focusing on the concept of “significant people functions” which looks at the functions performed, assets owned and risks assumed by the non-resident enterprise. Until recently, the existing “nexus” rules were perceived by many international tax experts as the most appropriate method to allocate taxing rights to the jurisdictions where the physical and economic substance is created. However, they are now rendered as obsolete, since they are not effective when it comes to the allocation of taxing rights for the profits that arise as a result of the value created from the exploitation of data and user participation, which are the main characteristics of the new highly digitalised business models. Further to the OECD BEPS Action Plan and the need to address the aforementioned tax challenges relating to the digital economy, the EU Commission issued several proposals for directives on a revenue-based “digital services tax” and the introduction of a digital permanent establishment (PE) concept (also referred to as “virtual PE”). Despite the fact that the Economic and Financial Affairs Council of the EU (Ecofin) did not reach an agreement on the “digital services tax”, member states like France and the UK have recently introduced new domestic legislation which provides for a “digital services tax”. While such an initiative may be a step in the right direction, it creates further challenges. Unilateral tax measures facilitated by the application of a revenue-based “digital services tax” will result in double taxation for MNEs, which cannot be relieved under the existing provisions of double tax treaties. In order to address the aforementioned issue and ensure that the sustainability of the international framework for the taxation of cross-border activities is not undermined, it is imperative to reach consensus at an international level. This is also stressed in the programme of work recently published by the OECD/G20, as part of an initiative to develop a solution to the tax challenges arising from the digitalisation of the economy. According to the programme, the aim of the OECD/G20 is to develop a consensus-based solution by the end of 2020, which will be based on the revision of the existing profit allocation and nexus rules and the design of a system to ensure that MNEs pay a minimum level of tax, in an attempt to prevent base erosion and profit shifting.   Source: Global News

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VAT increase in Nigeria’s best interest

The Minister of Finance, Budget and National Planning, Zainab Ahmed, proposed that Nigeria’s VAT be increased from 5% to 7.2%. This has caused a lot of counterblast with labour unions and some experts protesting the proposal. What most people do not know is that Nigeria is one of the countries in the world with the lowest VAT rates. This proposal would most definitely do us as Nigerians a whole lot of good because what it means is, that we may eventually in the nearest future not have to borrow from other countries or be indebted to any country or organisation.we need to get this country out of the mess of indebtness, Nigeria has all it takes to become and succeed as an economical stable country. The country’s elites should not be left out either. If we all pay our taxes judiciously, then maybe, Nigeria would finally be a debt free country.   Source: Daily trust

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