October 11, 2019

Tax tribunal not extension of FIRS

Chairman,  Tax Appeal Tribunal for the South East zone, Chukwuemeka Eze, has asked people and businesses with issues against tax authorities to approach the tribunal with their cases, assuring they would be adjudicated dispassionately. Eze said the tribunal was established by the Federal Ministry of Finance to deal on matters arising from taxation, and was committed to serving people without bias. Speaking at a stakeholders’ interactive forum on challenges and solutions of tax administration held in Enugu, yesterday, in partnership with the South East Chamber of Commerce, Industry, Mines and agriculture (SECCIMA), Eze warned petitioners that the tribunal was not susceptible to inducements and would continue to treat appeals before it on their merits. He also said that the tribunal was not an extension of the Federal Inland Revenue Service (FIRS). “We don’t take bribes, yes you can’t settle us. There are instances that even the government and their agencies have lost petitions brought to us,” Eze said. He regretted that for several years, Nigeria had relaxed on taxation as a source of revenue, and instead relied more on incomes from the sale of crude oil. Eze, said any serious society desirous of development must be tax conscious as it is major revenue source of income. Chairman of Enugu State Board of Internal Revenue Service, Emeka Odo said the poor hardly pay taxes, and that it is the rich that have businesses, and properties that are captured to pay taxes. “We are looking for how to increase tax net in Enugu so that more people can pay taxes,” said Eze. “If you must enjoy social services in the state, you should pay tax and obtain your Enugu State Benefit Number (ESBN). If you don’t have income, we won’t tax you, but if you have, we will tax you,” he added.   Source: The Sun

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FG More Prudent With Utilization of Tax Revenue

The Federal Inland Revenue Service (FIRS) has reiterated its confidence in taxation, stating that it remains Nigeria’s major lifeline for economic development. This was made known by the Chairman of the agency, Dr Babatunde Fowler, at the investiture of Hajia Kudirat Abdul-Hamid as the 3rd National Chairperson of Society of Women in Taxation in the Nation’s capital, Abuja on Tuesday. Dr Fowler, who was represented by Mr Abiodun Aina at the event, stated that aids, grants and loans were not reliable revenue sources to ensure the development of any economy. He added that the agency on its part was working to ensure that the burden of taxation was reduced to the barest minimum on Nigerians. The nation’s chief tax collector expressed that Nigerians were not convinced of their taxes being utilized for what they were meant for. He, however, disclosed that the Federal Government was more prudent with the utilization of revenue generated from taxation. According to Fowler, revenue generated from taxation is currently being used by the government to improve the country’s infrastructure, electricity as well as to reduce unemployment through the creation of jobs. The FIRS boss charged SWIT under the new leadership of Kudirat Abdul-Hamid to continue to educate Nigerians on why they should pay tax for economic and national development.   Source:  business post

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Tax tribunal resolves N10bn evasion cases

The Tax Appeal Tribunal, North West Zone, said it has resolved nine out of 13 cases worth over N10 billion in the past nine months. Chairman of the tribunal,  Umar Adamu, disclosed this at a stakeholders forum in Kano State. While admitting  that most of the cases were adjudged in favour of tax payers, he revealed that 11 of the cases were from Kano State. He explained that the tribunal was established in 2010 in accordance with section 59 (1) of Federal Inland Revenue (FIRS) establishment Act of 2007 as dispute resolutions centre between the taxpayers and tax authorities. “The act empowered the tribunal to adjudicate on all tax disputes arising from operations of the various tax laws as spelt out in the Fifth schedule to the FIRS establishment act 2007 and personal income tax amendment act 2011” he stated. Kano State Deputy Governor, Alhaji Nasiru Gawuna, who was a special guest at the occasion, directed the state Internal Revenue Service (KIRS) and local government revenue committees to take advantage of the tax tribunal. He stressed that the state government would explore all avenues provided by the tax appeal tribunal to quickly resolve tax matters in the state.   Source: The Sun

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Matters Arising On VAT

It was in the news last week, that the Federal Government of Nigeria is planning to increase the Value Added Tax rate (VAT) from 5% to 7.5% – a proposed fifty percent increase. Some have harangued that the increase is justified because the rates applicable in other jurisdictions is as high as 20% in the EU, and averages 19.3% amongst OECD member States (although it could be as low as 7.7% in Luxembourg). Some have also argued that increasing the VAT rate is a means of shoring up the revenue base of the tiers of government so that they would be able to meet the minimum wage obligations. The need to either shore up the federally collected revenues became even more imperative as the mid-year review of the 2019 budget performance showed that VAT collections fell by 15% when compared with 2018 due to insecurity in the country leading to fall in industries’ capacity utilisation with a knock-on effect on consumers’ purchasing powers. For this proposal to be operationalised, it would have to be passed into an Act by the National Assembly. How is VAT supposed to operate? In the OECD environment inclusive of the EU, the VAT operates on the principle that it is the final consumer that bears the burden of the tax.  For instance, consider a value chain consisting of six (6) economic agents in that order thus: the farmer, wholesalers of farm produce, manufacturer of raw materials, manufacturer of finished products, retail shops, and the final consumers. Each of them is to charge VAT only on the value being added and at the same time recovering all the VAT paid on inputs. In essence, each economic agent in the chain charges 5% on the value being added. Ultimately it is the final consumer that bears the VAT burden which, when added together, will equal an effective rate of exactly 5% of the final price paid. This is what is known as the Income Model of VAT.  Contrariwise, Nigeria’s VAT regulator, the Federal Inland Revenue Service (FIRS) does not operate the Income Model but the Gross Product Model whereby each economic agent cumulatively adds 5% to the gross price charged and not the value added. Therefore, it is unjust to compare the operation of VAT in Nigeria with those of the EU.  Using the case study illustrated earlier, the effective rate borne by final consumer could be as high as between 30 and 40% depending on the length of the value chain, making Nigeria one of the highest VAT levying jurisdictions in the world. Adding the incidence of the sales tax being levied by some State governments to the VAT, then one sees clearly the reason why Nigeria’s business operating environment may not be beneficial to the manufacturers. If the proposed 50% VAT rate hike is implemented, it is likely to have immediate inflationary implications which could worsen the already precarious unemployment situation, which often come hand-in-hand with other unintended negative social costs.  So how can government generate additional revenue to plug the holes in public finances occasioned by the falling VAT receipts?  We believe this is an opportunity to rethink the whole taxation system to make it focus on encouraging local production and employment, encourage long-term economic growth through the widening of the tax base as well as reflecting the true federal status of Nigeria. For instance, in Canada 13% VAT is charged locally, out of which 5% goes to the federal centre whilst the respective regions keep 8%. Similar model could be replicated in Nigeria whereby the respective State Internal Revenue Service (SIRS) administers VAT and remits an agreed percentage to the central government. This is likely to increase the aggregate VAT collectible since it would be locally driven.  This year, Ghana embarked on aggressive tax reforms which moved from a focus on taxation to encouraging local manufacturing. VAT has now been abolished on many items such as sale of real estate, equity shares, financial services, and airline tickets. In addition, they have reduced significantly, the VAT payable by SMEs from 17.5% to a flat rate of 3%. They are also in consultation with ECOWAS to abolish all import duties on raw materials and machineries imported into Ghana.  It would be shocking if the managers of the Nigerian economy have not considered the implications of these on the long-term flow of capital within the ECOWAS region. Pending when a time long-term solution is found to the punitive Gross Income Model and the centralised administration of VAT which had been largely inefficient, perhaps the FIRS could increase VAT on luxury items to 15%, and leave the rate at 5% for the other items. Proposing a uniform increase on VAT rate across board may be a lazy approach to fiscal policy management, and may make Nigeria to be further disadvantaged in attracting foreign investment given the state of energy and security. In 2007 shortly before the departure of the President Obasanjo regime, a 100% hike in VAT rate to 10% flat rate was operationalised. It was however reversed immediately the President Yar’Adua government settled down as the proposal was not passed into law by the National Assembly. The same fate may attend this proposed hike if the manufacturers’ association and the Labour union are able to convince the lawmakers to reject the bill.   Source: Proshare

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Cleric tackles Osun’s alleged church tax plan

The leader of Sufficient Grace and Truth Ministry, Okinni, Osun State, Bishop Seun Adeoye,   has alleged that the state government is planning to tax religion houses in the state. Addressing a press conference in Osogbo, Adeoye, who is spokesman for the African   World Bishops Council, said on Wednesday that the state Internal Revenue Service had compiled a  list of religious centres preparatory to asking them to pay tax. He said an IRS official gave the hint in a programme he monitored on Osun State Broadcasting Service on Tuesday. The cleric insisted that religious centres, especially churches,  were not business centres. He said churches had practically taken over the duty of government by taking care of needs of the underprivileged residents. Adeoye said,  “Our churches today are like Internally Displaced Persons’ centres where food items and clothing are being distributed to people neglected by the government. “Some of us have, in the past eight years, cried out about what we observed as uncontrolled stealing of public funds, capital flight, phantom projects and unrestrained appetite for all manner of loans by this government,  but some people saw us as enemies of the immediate past administration on  which  foundation Governor Gboyega Oyetola is laying new bricks. “After overstretching all sectors in its aggression to rake in money for its failures, the state government now resorts to taxing religious centres. This will be the first and the only state such is happening. “Let Oyetola understand that this move is a call to war and some of us are ready to fight with every legal means. Already, I have started mobilising people towards this direction.” But the  Chairman, Osun Internal Revenue Service, ‘Gbite Ademikanra, denied the allegation. Ademikanra said the state government was only planning to ensure that people working at religious centres pay tax. He also said private primary school owners would be asked to remit payroll taxes. The IRS chief said income-generating outfits attached to the religious places would be taxed. “The cleric (Adeoye) misunderstood us. It is not true. What my director said on the programme he watched was that employers of religious centres are supposed to be remitting the taxes of their workers. “We won’t tax religious centres, but people drawing their salaries from religious centres must pay tax to government. Also, commercial outfits attached to religious centres must pay tax. For instance, a shopping complex owned by a religious centre should pay tax to government.”   Source: Punch

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