Tobi Aminu

Lagos says only 700,000 of 4.8m registered taxpayers remit taxes

Lagos State Government has revealed that of the 4.8m registered taxpayers only about 700,000 are paying. It, therefore, implored residents to perform their civil responsibility of paying taxes, alongside actively participating in the governance process. The Commissioner for Economic Planning and Budget, Mr. Samuel Egube stated this at the Year 2020 Budget stakeholders’ meeting for Lagos Central Senatorial district. At the forum were representatives of community and professional associations, traditional rulers and civil societies. Egube stated that government policies and programmes would not make the needed impact if the citizens and those in government failed to interact and engage. According to him, it was the reason the state government felt in preparing the 2020 budget for the state, it should go round the three senatorial districts to get inputs of residents in drawing up the state projects and programmes for the budget. “This forum did not hold for two years but our belief is that we are servants of the people and we get to government through them, reason their opinions and voices must be reflected in the policies of government.” The Special Adviser, Economic Planning and Budget, Mr. Adebayo Sodade said the 2020 budget is being designed to be people-oriented to ensure a Lagos that works for all, irrespective of age, gender, tribe or status.   Source: Guardian

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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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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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