October 9, 2019

SWIT Moves to Improve Tax Compliance Level

The Society of Women in Taxation (SWIT), Lagos State Chapter, has rolled out plans to enhance tax payments in the country as part of its commitment to growth and development. The society disclosed this during the investiture of its third  Lagos state chairperson in Lagos, recently. Speaking, the newly sworn Chairperson, Dr. Titilayo Fowokan stated that beyond getting more women involved in tax issues,  the society was pulling all stops against tax defaults through its campaign approaches . She urged government to fully comply with the Base Erosion Profit Shifting (BEPS), agreement,  which it signed, to enable it harness its full benefits and encourage more foreign investments in the country. She added: “With the global tax drive, we have countries, including Nigeria,  now tightening their tax net, such that tax remittance cannot be escaped. At this juncture, Nigeria needs to set the right policies and provide infrastructure to complement its  convenient tax regime  so as to attract more businesses in the country. “With more foreign investment come more empowerment and employment that  would increase productive capacity which in turn increases tax space.” Managing Consultant of  Pedabo, Mr. Albert Folorunso, who delivered the investiture lecture, titled, ‘Global Tax Compliance Drive: Implications for Foreign Direct  Investment in Nigeria’,  pointed out that Nigeria was still losing a great deal despite that it signed up to most of the agreements including BEPS, double taxation as well as exchange of information agreement. He said: “For instance,  most digital activities are consumed in Nigeria, yet, they are being imported and  have no permanent establishment in Nigeria. Those activities are deemed to be carried out in Nigeria and ensure that the tax due to Nigeria should be deducted. These are some of the leakages that we should fill. “So we are saying that government should fill all loopholes to enable Nigeria enjoy reciprocal benefits from these agreements as well as fix infrastructure and every other challenge. “I mean we should continue to develop our tax, not with the fear of somebody pulling out of the Nigerian economy  because FDI is not only tied to tax regime in Nigeria.”   Source: This days

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Mind Your Tax Affairs: Administration of Consumption Tax

In classifying taxes using the tax base – the basis for assessing tax, taxes are classified as income tax, capital tax and consumption tax. Consumption tax is imposed on the consumption of goods and services. Consumption tax are usually described as Value Added Tax (VAT), Sales Tax (ST), Goods and Services Tax (GST), or simply Consumption Tax (CT). In Nigeria, Value Added Tax (VAT) is administered by the Federal Inland Revenue Service (FIRS) at the rate of 5%, while most State Governments charge Consumption Tax at the rate of 5%. Hence, Tax Payers are expected to charge VAT at 5% and Consumption Tax at 5% on the same invoice for certain transactions. Transactions which VAT and Consumption Tax are charged include – food, drinks and services purchased from hotels, restaurants, event centres, etc. It is appropriate to state that Nigeria operates multiple rates for consumption tax or VAT – zero percent, five percent, and ten percent. The Federal Executive Council has approved an increase of the standard VAT rate from 5% to 7.2% to commence in 2020 after the National Assembly must have amended the VAT Act. The current VAT Act was enacted in 1993 and took effect from January 1, 1994. The VAT Act is therefore long overdue for change, and some of the provisions that require change or amendment include – threshold for VAT, defining offsetable input VAT for services, monthly filing of VAT returns, offences and penalties, etc.   Source:  Insight Scoop

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Value Added Tax

MIXED reactions on Thursday trailed the 7.2 per cent Value Added Tax (VAT) proposed by the Federal Executive Council (FEC). The Chartered Institute of Taxation of Nigeria (CITN) lauded the increase, saying it was long overdue. According to the institute, the proposal will help government to realise its developmental objectives. But, the Manufacturing Association of Nigeria (MAN) faulted the timing, saying it is inappropriate. The association said the step will spur spontaneous increase in price of goods and services. However, the President of the Chartered Institute of Taxation of Nigeria (CITN), Dame Olajumoke Simplice, defended the new rate, urging the government to sustain it. Speaking on Thursday with The Nation, she said despite the increase, Nigeria’s VAT is still one of the lowest in the world, adding that the new rate should be pegged at 7.5 per cent or 10 percent. Noting that the last VAT review was 25 years ago, she said Nigeria has the lowest VAT rate in the ECOWAS sub-region. According to the CITN boss, the VAT review should take place every five years, stressing that it should be tax on consumption. She said: “VAT is a tax on consumption and is only paid when you consume goods or pay for services. Nigeria’s decision to raise VAT is good for its trade relations with other countries. Besides, VAT is very easy to collect and should be utilized for development of the economy.” Simplice said government should also be held accountable for the funds from the VAT are spent. In her view, the funds should be judiciously used for developmental projects. Acknowledging that the new VAT rate will increase prices of goods, she said manufacturers will pass the effects to consumers. Simplice advised tax payers to form pressure groups to monitor tax revenue spending and ensure accountability on the part of government. The International Monetary Fund (IMF) has consistently advised Nigeria to raise its VAT and channel the funds to developmental projects and budget funding. At the conclusion of the IMF 2018 Article IV Consultation with Nigeria , its Executive Board emphasized the need for a growth-friendly fiscal adjustment, which front-loads the non-oil revenue mobilisation and rationalises current expenditure to reduce the ratio of interest payments to revenue to a more sustainable level and create space for priority social and infrastructure spending. The board said: “In addition to ongoing efforts to improve tax administration, directors underlined the need for more ambitious tax policy measures, including reforming the value added tax (VAT), increasing excises, and rationalising tax incentives. Speaking on tax reforms at the Fiscal Monitor Session of the event, IMF Assistant Director, Fiscal Affairs Department, Cathy Pattillo, said tax reform in Nigeria was important. She said IMF’s main recommendation for Nigeria is the need for a comprehensive tax reform that would sustainably increase non-oil revenue. Pattillo added: “The reason why that is needed is that Nigeria has one of the lowest ratios of non-oil revenue to Gross Domestic Product (GDP) at around 3.4 per cent in the world. And the total tax revenue to GDP at six per cent is also very low compared to peers”. She said that the interest to tax ratio is low, adding that the funds realised should be spent on important developmental projects, including infrastructure and human capital. She also advised Nigeria increase excise taxes, and begin aggressive streamlining of tax incentives and exemptions. MAN said although, government should generate more revenue to fund its developmental initiatives, owing to declining revenue from oil, the timing was inappropriate because the minimum wage of N30, 000 has just been agreed upon. MAN Director-General Segun Ajayi-Kadir said in a statement that the increase could send a wrong signal that the government was not sensitive to the plight of the low- and middle-income earners, who are in the majority. He also said it was a case of government taking back what was given with the right hand through the National Minimum Wage with the left hand through the increase in VAT. Ajayi-Kadir said the economy had just recently exited recession, with the fragile growth rate of less than two per cent recorded in 2018, which should be delicately managed. He said Nigeria’s precarious macro-economic condition required palliatives that would improve investment and not higher tax burden. Ajayi-Kadir said: “The prevailing high lending rate, double digit inflation, low per capita income, high unemployment rate and a low 1.91 per cent growth rate amidst 2.6 per cent population growth rate that are already cumulatively limiting competitiveness could be further worsened.” The DG also said the burden of the VAT increase will be shifted to consumers that are already struggling, adding that the economy will experience demand crunch, while inventory of unsold items would soar. He said the profitability of manufacturing concerns will be negatively impacted, while many factories will witness serious downturn or wind down operations. Ajayi-Kadir added: “This will also worsen the already high unemployment position of the country, which is above 23 per cent, as Nigerians currently employed by manufacturing concerns and other businesses may join the reserved army of unemployed and further bloat the unemployment rate in the country.” He advised the government to widen the tax net rather than increase the rate to meet the growing need for more revenue to address the development objective of the country. Ajayi-Kadir added: “There is also the need to harmonize taxes/levies/fees payable by businesses in the country so as to attract more investment that would translate to higher productivity and more tax revenue for the government in the medium and long term,” it counseled. Rejecting the new rate, the People’s Democratic Party (PDP) in a statement by its spokesman Kola Ologbondiyan, said Nigerians cannot bear the burden of the increase, given the prevailing agonising economic situation.   Source: Within Nigeria

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Iyabo Ojo laments N38M income tax from LIRS

Nollywood actress, Iyabo Ojo is almost at the verge of shutting down her shop over excessive Taxation by Sanwo Olu’s goverment in Lagos State. The movie star took to her Instagram account late on Thursday night, September 12, 2019, to lament the tax debt levied on her by the Lagos state tax agency. In a long post on Instagram – which has now been deleted – with a picture of the tax papers, Ojo says she’s currently contemplating shutting down her Fespris chain of businesses. The ‘Arinzo’ star says after struggling to make little or no profit from her businesses, she’s been slammed with the outrageous tax papers. The single mother tagged the Lagos State governor, Babajide Sanwo-Olu in the post where she wondered how the tax officials arrived at the sum for her Personal Income Tax. Iyabo Ojo also revealed that the remuneration from acting is unbelievably poor saying, ‘…or is it from my acting that we are poorly paid.’ She said: “ Well! it’s so sad that I may have to finally close down my business soon ….. because I don’t even know how or where to start this negotiation with Lagos State from, I’m still struggling with making profit, after paying rent, salaries, maintenance, electricity, local & state govt taxes in different categories & levy, I hardly make little or no profit …. My fellow Nigerians I have been asked to pay almost 38m for my Income tax to Lagos state. ALMOST 38M NAIRA ……… Personal income bawo? #Lagosstate how? 2014 – 2017 I was still struggling with my small business in Ikeja like I’m still even doing now or is it from my acting that we are poorly paid or from where now? pls can someone help me explain how they arrive @ this calculations, almost 38m naira, please you people should kuku sell me, my self & I i dont even know where you want me to get this kind of money from ……. E ma gba mi ke @jidesanwoolu ni bo ni mo ti fe ri iru owo to po to yii? seriously I’m not understanding @ all o, I be single mother with plenty bukata oooo, I’m confused ……….. retiring looks like the next option, bcos doing business is very frustrating in Nigeria.” Iyabo launched her business line in 2016 with the name Fespris. The business line had a spa, salon, facials in its kitty. In 2019, a restaurant and lounge were added to the business line.   Source: Pulse

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FG reveals what banks will do to accounts of tax defaulters

Federal Government has given a 30-day window to high profile tax defaulters to regularise their tax status with the Federal Inland Revenue Service (FIRS), failing which they risk forfeiting the tax equivalent directly from their bank accounts to the Federal Government The FIRS Executive Chairman, Tunde Fowler, dropped the hint on Thursday when he appeared as a guest on the Nigerian Television Authority (NTA) programme – Platform. He said that banks have been instructed to “sweep the accounts of tax defaulters into the Federation Account after 30 days.” According to Fowler, bank accounts of the identified defaulters have been put on lien. The FIRS boss noted that since the bank lien on tax defaulters’ accounts was initiated 60 days ago, the Service has granted an additional 30 days – making it 90 days – for the defaulters to regularise their tax status. He said the FIRS has written 23,000 letters to high-profile tax defaulters, whose names appeared on its list of defaulters. Some of the letters, he said, have not been delivered because the addresses of the defaulters may have changed. “The FIRS is determined because the Service is backed by law to sweep the equivalent of what such tax defaulters owe into the federation account. “At the end of the 90 days, banks will be asked to sweep the tax owed into the Federation Account,” he warned.   Source: Daily post

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Don’t collude with tax evaders, Fowler warns accountants

Chairman, Federal Inland Revenue Service, Babatunde Fowler, has advised accountants against colluding with tax evaders, warning that they have no power to substitute accounts. Fowler gave the advice on Wednesday at the ongoing 49th Annual Conference of the Institute of Chartered Accountants of Nigeria, where he was the keynote speaker at a panel discussion on FIRS Power of Substitution. Critical Review and Matters Arising. The discussion was chaired by former FIRS Chairman, Ifueko Omoigui-Okauru. While explaining the dynamics involved in the substitution of accounts, Fowler urged accountants at the conference to partner with FIRS in order to improve the revenue collection efforts of all tax authorities. Before the FIRS decided to place lien on bank accounts of defaulting taxpayers, noted Fowler, it granted a waiver of penalty and interest for three years (2013-2015), followed by the Voluntary Assets Income Declaration Scheme. According to him, it was when millionaire and billionaire taxpayers, with turnover of between N11 million and N1 billion, passed up the opportunity to pay their taxes that the FIRS decided to place lien on defaulting taxpayers’ accounts. He said: “All defaulting taxpayers were considered, provided that such taxpayers came forward to declare their indebtedness; pay at least 25% of the outstanding amount and present a payment plan on the outstanding tax liability that was acceptable to the Service. This window was opened from 5th October to 24th November, 2016. A total of 2,400 companies took advantage of the window, from which FIRS realized about N98.8 billion.” He noted that without chartered accountants, it will be very difficult to ensure that adequate taxes are being paid and called on accountants to be diligent and forthright when reviewing clients’ financial status. He said: “Do your own internal assessment on what your clients should pay; drop accounts that are not willing to do the right thing.” He explained that the revenue collected by the FIRS is distributed among the three tiers of government, adding that over 30 states rely on that monthly collection without which the service delivery in those states would have been considerably poorer. He said: “We are all here for this conference, certain that chartered accountants came from various states across the nation. If in your state, we were not able to support your revenue drive, what level of security would you have in your state? The FIRS boss explained that the Service has been empowered Section 8 (1) (a) of the act establishing it to assess persons chargeable with tax under the extant tax laws and enforce payment of taxes as may be due to government.  Section 8 (1) (c) of the FIRS Establishment Act, he said, empowers the Service to collect, recover and pay to the designated account any tax under any provisions of the Act, while Section 8 (1)(g) of empowers the Service to adopt measures, to identify, trace, freeze, confiscate or seize proceeds derived from tax fraud or evasion. He added that Section 31 of the FIRSEA provides for the power of substitution, which is one of the enforcement powers of the Service. However, his position was rejected by accountants and lawyers at the conference. Wole Obayomi, Head of Tax, KPMG in Africa, maintained that Sections 33 of the FIRSEA and Section 49 of Companies and Income Tax Act do not grant the FIRS such powers. Omoigui-Okauru, who chaired the session, insisted that the FIRS is acting within the law and suggested that FIRS and disaffected taxpayers should seek a middle ground, possibly through an Ombudsman to  address the complaints.   Source: Eagle

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