November 26, 2019

Jay Jay Okocha settles tax problems with Lagos IRS

Former Super Eaglesโ€™ playmaker, Augustine Jay Jay Okocha, accused by Lagos State Government of income tax evasion has finally settled with the Lagos taxman. A Lagos State Prosecutor, Mrs Y. A. Pitan, told an Igbosere High Court on Wednesday in Lagos that the Lagos Internal Revenue Service informed it that Okocha visited its office and reconciled his accounts. Pitan then prayed the court for an adjournment to enable her file a notice of discontinuance of the charge preferred against him.ย ย ย ย ย ย ย ย  Justice Adedayo Akintoye, consequently, withdrew the warrant of arrest earlier issued on the defendant. She adjourned further hearing until Nov. 14, to enable prosecution file notice of discontinuance of the charge. The prosecutor had on May 28, informed the court that the defendant visited the office of LIRS to reconcile his accounts. The prosecutor then said that the defendant could not reach a common ground with the agency. The prosecutor then filed a three-count charge against Okocha on June 6, 2017, accusing him of: โ€œFailure to furnish returns of income for tax purposes with the LIRS, and failure to pay income tax. โ€œThe offences contravene Section 56(a) and (b) of the Lagos State Revenue Administration Law No. 8 of 2006 and Section 94 (1) of the Personal Income Tax Act Cap P8 Laws of the Federal Republic of Nigeria 2004 (As Amended)โ€   Source: PM News

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30,000 Kaduna firms fail to pay taxes

The chairman, Kaduna State Internal Revenue Services, Zaid Abubakar, has said more than 30,000 companies in the state do not pay their taxes. He said this on Tuesday in Kaduna when a civil society organisation, Tax Justice and Governance Platform, paid him a courtesy visit.ย ย ย ย ย ย ย  He noted that only a few paid their taxes, adding that many did not pay what they were due to pay. Abubakar also said that the 23 local government areas of the state had yet to remit the arrears of their Pay-As-You-Earn between 2013 and 2014. He added that plan had been concluded to audit the LGAs from 2015 to 2018 financial years. ย The Chairman said, โ€œPeople are not paying taxes. For example, if we put it in ratio 1-10, Kaduna is not even in 4th. We are going to do a lot of awareness and we may upgrade to enforcement which is captured in the tax laws. ย โ€œ2013-2014 liability is still hanging on all the 23 LGs. All LGs have backlogs of remittances of PAYE and withholding taxes.โ€   Source: Punch

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This is nothing but a budget of taxation โ€”Abaribe

The senator representing Abia-South Senatorial District of Abia State in the Senate, Enyinnaya Abaribe, has described the 2020 budget as โ€œnothing but a budget of taxation.โ€ The senator added that the budget is not โ€œsustainable.โ€ President Muhammadu Buhari presented the 2020 Appropriation Bill to the joint sitting of the National Assembly on Tuesday. He had christened it โ€˜Budget of Sustaining Growth and Job Creation.โ€™ย ย ย ย ย  However, Abaribe, speaking at the Senate plenary on Wednesday, told the Red Chamber, โ€œThis is nothing but a budget of taxation. โ€œI urge the Senate to look at that fact, as it is not a sustainable budget.โ€ He hinged his reason on the ratio of debt servicing, compared to that of capital expenditure. Abaribe argued, โ€œDebt servicing is higher than capital expenditure. We are still struggling.โ€ A former Governor of Benue State who now represents Benue North-East Senatorial District at the Senate, Gabriel Suswam, supports Abaribeโ€™s observation. Suswam said, โ€œI commend Mr. President for bringing an ambitious budget; the deficit worries me, there is a correspondence borrowing increase; we need to do something in this Chamber by way of legislation to address borrowing.โ€ However, Senator Aliyu Sabi Abdullahi (Niger North), saw things differently. To him, โ€œThis is a budget of continued change. This government is on the right trajectory. โ€œThis budget has addressed how the micro and medium small enterprises will play a key role in building the Nigerian economy.โ€ Continuing, Abdullahi said, โ€œThis budget will continue the change and ensure our citizens see a better economy.โ€   Source: Punch

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Tollgate: Regressive tax burden on motorists

The Minister of Works, Babatunde Fashola, announced plans for a return to toll plazas across the country last week, and the ministry has hurriedly tabled a proposal for its inclusion into the 2020 Appropriation Bill being considered for approval at the National Assembly this same week. Fashola had earlier made clear to the media, โ€œThere is no law that abolishes tolling in Nigeria today. We expect to return toll plazas. ย ย ย ย ย ย ย We have concluded their designs, what they will look like, what materials they will be built with, and what new considerations must go into themโ€. The minister is right on the law, in the sense that the decision to scrap toll plazas was made through an Executive Order by former President Olusegun Obasanjo in 2004. An Executive Order, once made, can be overturned by another Executive Order without further ado. That, indeed, is the law, but since when did the minister conclude that public expenditure should be rammed through the national budget for no other reason but what he (the Executive branch) can do? Especially one that involves millions of road users, with considerable revenue and tax implications? Since when did the minister conclude that widespread public consultation be waved aside, over such a major roadwork plan, impacting the taxpayers on such a huge scale? What feasibility/viability study has the minister and his team conducted? What research has taken place? How many of the stakeholders have they communicated with? What cost-benefit analysis has been done? How about the environmental impact assessment? Impact on the poor? Questions, of course, that members of the Appropriation Committee of the National Assembly should not allow the minister to duck even this late in the day. That said, the rest of the discussion here will proceed on the assumption that the minister means well. While his intention is, by all account, honourable and beyond reproach on this issue, his tactic and approach however, are highly questionable. You cannot embark upon such a major reversal of policy by fiat. He has made no reference to any public consultation or input from stakeholders whatsoever. This appears to be just his own โ€œbrilliantโ€ idea to generate funds for the countryโ€™s severely dilapidated and indeed dangerous road networks across the country. Almost 80% of Nigeriaโ€™s road network can be considered worn out, some are indeed death traps, full of potholes, cracks and creeks along the hedges. No point going too much into details; it is something everyone is familiar with. The reason for this is not just a lack of government investment in road infrastructure, it is also that the scale of the investment needed far exceeds anything government alone can shoulder at this point in time. There is also the important element of mismanagement and misappropriation of funds earmarked for roadwork happening routinely across the federation. So, why not embark upon a scheme, Public- Private-Partnership, to lure private investors with all types of juicy tax breaks, and allow them to put their own money into a project that will benefit them and the public at large, so the thinking goes. It is a no brainer, is it not? Any serious review of the scheme must start by examining the reason(s) for the abolition of toll plazas in the first place. They were abolished in 2004 because there was no economic case for their existence. What started as an American copycat scheme soon became entangled in fraud, incompetence and was generally burdensome. Not a single person bemoaned their abolition when it was announced. Now, before we rush through a reversal of policy, has the mischief involved in the original design been cured? Why is the minister trying to evade proper public scrutiny of his plan if indeed he is so confident of its merit? Why try goading the National Assembly to rubber stamp a scheme steamrollered through a committee in a last-minute attempt? If approved, the minister would be rightly applauded for being smart, and on the ball, of course. But, it is not certain what the members of the Appropriation Committee would be credited for though. Dereliction of duty, maybe? Tolling roads is not the magic bullet that some people think it is. It may be progressive, regressive or neutral depending on the social demographics of the area being targeted, as well as the structure of the tolling regime itself. Road toll in high-income communities, such as the Lekki-Ikoyi Link Bridge, in Lagos, for instance, is progressive as it mainly affects high income motorists, who generally value time more than the increased cost of travelling. If you install toll plazas in densely populated areas, where the poor would have no choice of routes, as is currently being planned, then, the tax (or toll) becomes essentially regressive because the poor will lose out in absolute terms. The loss is only ameliorated if the revenue generated from it is ploughed back into construction and maintenance, creating job opportunities for workers. It is not clear from the ministerโ€™s point of view, how this calculation has been made.   Source: Punch

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Fowler, FIRS and the challenge of reforms

If ever he was in doubt, it should be clear to Tunde Fowler by now that extraordinary courage is needed to push through new ideas where vested interests are deeply entrenched. As the architect of the reforms that grew the IGR (internally generated revenue) of Lagos from an average of N600 million in 1999 to well over N25 billion by 2015, perhaps this tax guru did not have to worry much about political risks and distractions back in his last station. Working for an administration that was in the opposition then, the shield mustered by the government in Alausa was certainly broad enough to protect its key enablers against the snares of the enemy.ย ย ย ย ย  But the Federal Inland Revenue Service in Abuja is a bigger platform and so is the burden the occupant of the office has to bear. Attack is not only inevitable but often fierce also. Various schemes are floated to either slander or distract you. Especially when actions or steps undertaken by you knowingly or inadvertently hurt some folks. Well, it does not matter even if that helps public interest ultimately. Today, even the worst critics cannot but acknowledge that the innovative measures embarked upon by Fowler have helped to reposition the FIRS for better results. From the N3.3 trillion generated in 2016, the returns posted by FIRS in 2018 was a record N5.3 trillion, representing a growth of 53 percent within three years. As for 2017, the figure generated was N4 trillion. This is significant because it came at a time when the national economy was supposed to be contracting as a result of the recession that befell the country in 2014/2015, widely considered the worse the nation ever experienced in a generation following a steep crash in commodity prices in the global market. So, it would not be wrong to credit the FIRS as helping to generate revenue that enabled the country weather that recessionary storm without any oil windfall of any kind. As a matter of fact, oil price crashed to less than $30 at some point. But the FIRSโ€™ revenue turnaround was not achieved without Fowler taking some hard decisions on assumption of office which understandably did not go down well with some folks. He did not have to reinvent the wheel though; just the application of commonsense.ย  Of course, the elementary lesson you learn in management class is to always seek to attack cost with a view to maximizing returns. Just one example of what Fowler did to cut down the cost of operations drastically. Before he took over, the practice was for a lump sum to be made available for the heads of several dozens of FIRS stations across the country. Of course, such system was susceptible to abuse. Instead, a more transparent inventory process was enshrined such that operatives are now required to sign off a voucher to have their operational vehicles fueled at designated gas stations across the country. Such approved filling stations will, in turn, file claims directly to the FIRS for payment monthly. With time, the heavy costs incurred in the past in the name of operations were drastically cut down, thus curtailing abuse. In fact, the costs fell by more than sixty percent! Smart dudes no longer received a lump sum of money monthly over which they had discretion to spend on petrol and diesel. Of course, the bulk of that actually ended up in private pockets. The massive automation of the FIRS processes has also ensured that sharp practices of the past were curtailed if not totally eliminated. Unlike the manual situation that was overly cumbersome, taxpayers can now discharge their civic responsibility seamlessly through e-Stamping, e-Registration, e-Filing, e-Payment, e-Receipt and e-TCC.   Source: The Sun

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