Tobi Aminu

ICC warns of risk to MSME growth posed by complex indirect tax regimes

ICC has published an inaugural issues brief on World Trade Organization negotiations on the trade-related aspects of e-commerce. The issues brief โ€“ the product of extensive consultation with businesses across a range of sectors participating in or affected by the digital economy โ€“ will form part of a series of briefs by ICC to assist WTO Member States in their plurilateral negotiations in Geneva. The negotiations, now involving 80 Member States, seek to achieve a high standard outcome that builds on existing WTO agreements and frameworks. The brief, Taxation of Physical Goods in the Context of E-commerce: Avoiding Non-tariff Barriers through Simple and Consistent Design, highlights a growing concern for micro-, small- and medium-sized enterprisess (MSMEs) accompanying the impressive growth in the cross-border sale of physical goods purchased online: the propensity for Goods and Services Tax (GST) /Value Added Tax (VAT) regimes to constitute non-tariff barriers to trade unless they are designed in a simple and consistent way. The brief sets out five key recommendations for WTO Members to ensure that their GST/VAT regimes do not hamper e-commerce growth. They are: Minimise discrimination between domestic and non-domestic businesses in registration requirements and ensure tax systems are technology-neutral in application. Allow suppliers, where relevant, to collect and remit taxes away from the border. Maintain or establish appropriate de minimis thresholds, allowing customs agencies to focus on safety and security rather than on domestic tax collection. Ensure that registration and tax payment processes are simple, consistent and non-discriminatory. Do not require a place of business or fiscal representative in the country of destination in order to supply goods.   Source: ICC

ICC warns of risk to MSME growth posed by complex indirect tax regimes Read More ยป

KRA lays ground for digital tax roll-out

Taxman has invited bids for a new system to monitor online transactions between merchants and their customers. Kenyans transacting goods and services online will soon begin paying income tax and Value Added Tax (VAT) as the Government moves to implement the controversial digital tax.ย  The Kenya Revenue Authority (KRA) has kicked off the search for a technology service provider to install a monitoring and payments system that will track and audit transactions between both local and international merchants and their customers. The tax collection system will entail an integrated payment gateway solution to identify and authorise payments through the settlement of data to and from merchantsโ€™ online portals to their banks. ย โ€œIn a bid to enhance tax compliance in the Kenya digital economy, KRA seeks to acquire an innovative tax collection service for digital platforms with a presence in Kenya,โ€ said the taxman in a call-out for bids. Treasury proposed the introduction of taxes on digital economic activities in the Finance Bill, 2019 as one of the means of increasing revenue collection following a Sh100 billion shortfall last year. The new system will give the taxman the ability to monitor online trade transactions between both local and international merchants and their customers in the country. For More of This and Other Stories, Grab Your Copy of the Standard Newspaper. This is bound to raise opposition from some stakeholders given the implications of sharing sensitive corporate and consumer data with third parties. At the same time, the Government is relying on a broad description of digital economic activities that does not distinguish between large e-commerce players like Amazon or Safaricomโ€™s Masoko and individuals selling clothes on Facebook and Instagram. โ€œThe solution should provide for analysis and dash-boarding/reporting in real-time and have audit trail capabilities,โ€ explained KRA in the notice. KRA also wants the service provider to integrate the system with all internal revenue systems for data sharing purposes and updating of taxpayersโ€™ ledger accounts. The digital tax has been criticised by some stakeholders in the industry as retrogressive to the growth of the economy. Tech giant Google last month told Parliament that the digital tax could raise the cost of products and services in the country, adding that it amounts to double taxation and could precipitate a price war.   Source: Standard Media

KRA lays ground for digital tax roll-out Read More ยป

Nigeria Risks Fiscal Crisis Amid Low Tax Collection

Nigeria may face a fiscal crisis following its inability to collect more taxes, a BBC report has said. The report by BBCโ€™s Reality Check Team found that government expenditure โ€œhas doubled and debt servicing costs have grown, but revenues have missed their targets by at least 45 percent a year since 2015.โ€ The report noted that despite increase in the number of taxpayers, there had not been a corresponding increase in the countryโ€™s tax revenue. In 2018, for instance, the report noted that about 19 million Nigerians paid into federal or state coffers out of the countryโ€™s population currently standing at 201 million. Based on the World Bank records, the report put the countryโ€™s economically active population at 65 million, out of which 19 million paid their taxes in 2018 By implication, the report observed that even with rising numbers of taxpayers in recent years, only about 29.23 percent paid their taxes in 2018. The report noted that the federal government โ€œhas been going after individuals that it believes are liable for tax and have not been paying. โ€œTwo years ago, the country offered a 12-month amnesty for Nigerians to declare and pay taxes on all previously undeclared income and assets to avoid penalty payments and possible prosecution.โ€ In 2018, a World Bank report said this was only partly successful with just 8 percent of the target achieved by the end of the amnesty period. However, the report noted that many Nigerians โ€œwill be reluctant to pay taxes because of concerns the money raised may be siphoned off instead of being spent on health, education and other public services.โ€ The report cited statistics from the Organisation for Economic Co-operation and Development (OECD) that highlighted the status of ratios of tax to GDP globally. According to some estimates, Nigeria has one of the worldโ€™s lowest ratios of tax to GDP. That is the total amount of tax collected as a proportion of GDP โ€“ the value of the countryโ€™s goods and services. In 2016, for example, the report revealed that Nigeriaโ€™s tax-to-GDP ration was at 6 percent. Other African countries, according to OECD statistics, performed better than Nigeria. The tax-to-GDP ratio in South Africa was 29 percent, Ghana 18 percent, Egypt 15 percent and Kenya 18 percent. However, the report said average for OECD members, which includes all the advanced economies, was 34 percent. The report said the World Bank โ€œuses a slightly different measurement of tax take, which does not include most social security payments. This puts Nigeriaโ€™s tax-to-GDP ratio in 2016 lower at just 3.4 percent. โ€œIn 2017, the ratio did improve to 4.8 percent, according to figures provided to us by the Nigerian authorities. โ€œWe do not have a figure for 2018, but it is worth pointing out that 15 percent is the level necessary to achieve economic growth and poverty reduction. โ€œMany other developing countries have a low tax-to-GDP ratio and recent data indicates that about 60 countries fall below the 15 percent threshold.โ€ An Assistant Director in the International Monetary Fund (IMF), Bernardin Akitoby, suggested useful approach to improve tax collection in the country. Akitoby recommended the need to improve the countryโ€™s tax-to-GDP ratio, saying a typical advanced country โ€œhas a tax to GDP ratio of around 40 percent.โ€ Akitoby said there โ€œis no one-size-fits-all solution to increase the tax take. But there are a few lessons that can be drawn from countries that have been successful in the past.โ€ He outlined the lessons to include clear political mandate to tackle low levels of tax payment; simpler tax system with a limited number of rates and exemptions; using taxes on goods and services and boosting tax collection by using new technology In its case, the IMF canvassed more comprehensive tax reform in Nigeria, which it believed, could help increase the tax-to-GDP ratio by about eight percentage points.   Source: Daily trust

Nigeria Risks Fiscal Crisis Amid Low Tax Collection Read More ยป

FG Raises Value Added Tax by 44% to 7.2%

The Federal Executive Council (FEC) has approved a proposed 44 percent increase in Value Added Tax (VAT) on Wednesday despite experts advising against such move given current headwinds. The Minister of Finance, Budget and National Planning, Hajiya Zainab Ahmed, disclosed this on Wednesday. According to her, the FEC approved a 2.2 or 44 percent increase in VAT to 7.2 percent from the current 5 percent. The minister, however, noted that until the National Assembly approved the increment it is just a proposal. โ€œWe also reported to Council and the Council has agreed that we start the process towards the increase of the VAT rate. We are proposing and Council has agreed to increase the VAT rate from five percent to 7.2 per cent.โ€ The ministry of finance and Federal Inland Revenue Service (FIRS) had complained that Nigeriaโ€™s tax revenue to gross domestic product remains low compared to other African nations. Tax revenue recently rose from 6 percent to GDP to about 7 percent, still below 15 percent target of the Federal Government. โ€œThis is important because the federal government only retains 15 per cent of the VAT, 85 per cent is actually for the states and local government and the states need additional revenue to be able to meet the obligations of the minimum wage. โ€œThis process involves extensive consultation that needs to be made across the country at various levels and also it will involve the review of the VAT Act. So, it is not going to be implemented immediately until the Act is reviewed,โ€ the minister stated. โ€œSo accordingly, following these assumptions the total revenue estimate in the sum of N7.5 trillion for the year 2020 and N2.09 trillion that will be accruing to the federation account and the VAT respectively. โ€œThere will, of course, be the distribution to the three tiers of government based on the statutory revenue sharing formula as defined in the constitution and to this effect, it means the federal government will be receiving proposed aggregate of N4.26 trillion from the federal account and the VAT pool. โ€œThe states and the local governments are expected to receive N3.04 trillion and N2.27 trillion respectively.โ€ At Investors King, we think while it is imperative to up revenue generation, it is also cogent to sustain and up consumer spending โ€“ a key driver of the economy. A 44 percent increase in VAT would hurt the effectiveness of the recently increased minimum wage and further erode the already weak household income. All central bankโ€™s policies, 60 percent LDR, the new limit on bankโ€™s investment in fixed income market, financial inclusion program etc, point to aggressive growth through a broad-based economic stimulation and job creation. Therefore, an uncomplimentary fiscal measure would impede growth through weak retail sales (consumer spending) as income and savings would drastically drop despite an increase in the minimum wage. Also, the financial inclusion program of the Central Bank of Nigeria will take backstage amid a drop in savings. Nigeriaโ€™s unemployment remained high at 23.1 percent and with a 44 percent increase in VAT that number is likely to surge even further as businesses will hold off on recruitment in the near-term. Reducing interest rate while increasing the number of taxpayers would have effectively complement CBNโ€™s efforts โ€” enhance economic productivity, boost job creation, increase consumer spending and support wage growth.   Source: Investor king

FG Raises Value Added Tax by 44% to 7.2% Read More ยป

Defaulters owe N254 billion in tax liabilities, says FIRS

The Federal Inland Revenue Service says a total of 23,141 defaulters owe N254bn in tax liabilities. The service also said it recovered over N97.7bn from tax defaulters since it gave the directive to banks. The Executive Chairman, FIRS, Mr Babatunde Fowler, said these at the 49th Annual Accountant Conference organised by the Institute of Chartered Accountants of Nigeria in Abuja. He said, โ€œAs of today, there are a total of 23,141 tax defaulters who are yet to come forward to clear their outstanding liabilities of about N254bn. โ€œThe FIRS in collaboration with the banks has started engaging in compliance measures with regard to the tax defaulters and their accounts. โ€œFailure to carry out this directive will result in the banks being sanctioned according to Section 31 subsection 1-3 and 32 respectively of the FIRS Act 2007.โ€ He said failure to comply would be seen as an act of economic crime to the nation adding that the FIRS would be left with no option than to enforce its rights and apply appropriate sanctions. The sanctions, he noted, would begin with delisting defaulting banks from the FIRS collection list. Under the tax substitution programme, the FIRS had intensified its efforts to collect taxes from default payers by appointing banks and other financial institutions as collection agents. The banks as tax collecting agents were directed to make specific deductions from alleged tax defaultersโ€™ accounts and pay such over to the FIRS in full or partial payment of the alleged tax debt. The legality of the action by the FIRS, however, is being questioned in different forums. Fowler, in his presentation, defended the stand of the service, stating that he would do whatever he could to boost tax collection. The chairman said that before the FIRS took such harsh stance, it had undertaken tax amnesty programmes such as the Voluntary Assets and Income Declaration Scheme without much success. He said that through the substitution exercise, FIRS increased tax revenue collection through special tax audit, VAIDs, special investigation and the banking turnover initiatives. Fowler added that so far, 3,976 out of 44,293 non-compliant companies had paid about N97.7bn. Giving a breakdown of the money recovered, he said that through the banking turnover exercise, the FIRS recovered N88.59bn after reaching agreement with 3,797 out of 42,736 companies.   Source: Punch

Defaulters owe N254 billion in tax liabilities, says FIRS Read More ยป

Oyo Govt Begins Tax Collection with Mobile Apps

Oyo state government on Tuesday September 10, 2019 has declared that it has concluded plans to begin the collection of informal sector tax with the use of mobile apps adding that the annual collection of tax, particularly from traders, markets operators and artisans takes immediate effect. The Chairman of Oyo State Internal Revenue Service, Aremo John Adeleke, revealed this during a sensitisation tour and meeting of market leaders from 14 major markets at the Ogunpa market, Ibadan North West Local Government, Ibadan. In attendance at the meeting were the market leaders from Eleyele, Ifeleyele, Dugbe, Agbaje markets among others. In his speech, Adeleke emphasized the importance of the meeting which was geared towards encouraging traders, artisans, shop owners, market operators and others to be alive to their civic responsibilities as a means of supporting the government. The Chairman assured the traders and others in the meeting that the government would not increase the tax in the state as it understands the economic situation in the country. He said that the government would do anything possible to ensure business prosperity and economic development in the state, noting that very soon, the effects will translate to improved sales which will be felt by the traders. Also speaking, the state tax manager in charge of informal sector, Mrs Yetunde Awotona stated that the state government has not collected tax from the traders since the beginning, pointing out that all arrangements have been made to ensure that members of the informal sector pay their tax. She assured the traders that the technological innovations was introduced to improve the collection process and to ensure that all taxes paid gets to the government coffers. Responding, the traders appealed to the state government to give them a tax waiver for the remaining months of the current year. They, however, assured the government of their cooperation and support in the payment of taxes and environmental management.   Source: The news Nigeria

Oyo Govt Begins Tax Collection with Mobile Apps Read More ยป

Pension, tax fraud whistleblower arraigned for false alarm

The Economic and Financial Crimes Commission, on Tuesday, arraigned a whistleblower, Lord Edem, before the Lagos State High Court in Ikeja for raising a false alarm over an alleged N700m pension and tax evasion fraud. Edem was arraigned before Justice Hakeem Oshodi on one count of making a false statement to a public officer. He pleaded not guilty to the charge. It was gathered that Edem provided false information to a public officer and the EFCC about the involvement of a company, where he was an employee, Starsonic and Sacvin Group of Nigeria, in a pension and tax evasion fraud. According to the EFCC prosecutor, S. O. Daji, the defendant claimed that the management and staff of the company were involved in massive pension fraud, tax evasion and other fraudulent activities to the tune of N700m. He added that the defendant committed the offence on August 7, 2019. The offence was said to contravene Section 96 (a) of the Criminal Law of Lagos State, 2011. Justice Oshodi, a vacation judge, ordered the remand of the defendant in prison, while the case file be returned to the registrar for re-assignment.   Source: Punch

Pension, tax fraud whistleblower arraigned for false alarm Read More ยป

BRATIM, ICAN collaborate on training

The Vice Chairman of the Institute of Chartered Accountants (ICAN), Abuja District, Alhaji Abdulrashed Balogun, has urged the newly qualified accountants from Bratim Training Institute to uphold the motto of the accounting profession which is accuracy and integrity. Balogun spoke at the graduation of the new chartered accountants from the Bratim Training Institute which held on Saturday in Abuja. โ€œWhen you come on board, we want to see how much impact you are going to make. ICAN is one of the professional bodies recognized and accuracy and integrity should be our watchword,โ€ Balogun said. The MD/CEO of Bratim Group, Mr Tejan Ibrahim, said the programme was organised to celebrate new chartered accountants who were trained by Bratim. Ibrahim said the new chartered accountants were automatically members of the Bratim Professional Assembly, a special platform were qualified accountants can further interact and sharpen their skills. He further said the Bratim Internship programme also enables chartered accountants who trained with Bratim to work and get the necessary job experience to excel. The chairman of Bratim Group, Seyi Katola, said accountancy is a great profession and Bratim was happy to inject quality accountants into the field. One of the newly qualified accountants, Ogundipe Olorunfemi Bamiyo, shared his experience at Bratim. โ€œBefore I came to Bratim Training Institute, I had fears about how difficult ICAN exams were, but when I came here, the lecturers were good and were able to simplify the courses. They were also very interactive,โ€™ they helped me achieve my goal of becoming a chartered accountant today,โ€ he said. Another accountant, Oghenevoke Oke, also said, โ€œI am one of the people that qualified as a chartered accountant from Bratim. There is this personal relationship that they develop with you that you donโ€™t find anywhere,โ€ she said. Related   Source: Daily trust

BRATIM, ICAN collaborate on training Read More ยป

Oyo collects tax with ATM cards, others

The Oyo State Government on Tuesday said it had concluded plans to collect tax from the informal sector tax with the use of mobile apps and Automated Teller Machine cards. The government also stated that the annual collection of tax, especially among traders, markets and artisans, would take immediate effect. The Executive Chairman, Oyo State Internal Revenue Service, Mr John Adeleke, stated thisย  during a sensitisation tour and meeting of market leaders from 14 major markets across Ibadan at the Ogunpa Market in the Ibadan North West Local Government Area. Adeleke said the meeting was imperative in view of the need to encourage traders, artisans, shop owners, market men and women to be awake to their civic responsibilities as a way of supporting the government. Represented by the Director of Other Taxes, Mr Idowu Alao, the OYSIRS boss said the government had refused to increase the tax payable by the traders and others operating in the informal sector because of its understanding of the current economic situation in the country.   Source: Punch

Oyo collects tax with ATM cards, others Read More ยป

Withholding Tax Ambiguity Of Sale In The Ordinary Course Of Business

The introduction of withholding tax (WHT) provisions in the Nigerian tax laws in 1977, imposed on taxpayers the obligation to deduct tax at source on payments for qualifying transactions. The tax deducted are to be remitted to the relevant tax authority within a statutory timeline, with penalty and interest charges imposed on defaulting taxpayers. However, the drive by taxpayers to comply with their withholding tax obligations appear impaired by the existence of certain vague provisions in the Nigerian tax laws. Where tax laws are difficult to understand, conflicting interpretations are given to these vague provisions and this may have detrimental effect on a country’s tax system, through limited compliance by taxpayers and punitive interpretations by the tax authorities. One key area of contention is the lack of clarity on the Phrase ‘sales in the ordinary course of business’, which the WHT Regulations issued pursuant to the Companies Income Tax Act and Personal Income Tax Act, have exempted from WHT. While the WHT Regulations lists certain transactions on which tax is to deducted, which include “all types of contracts and agency arrangements, other than sale in the ordinary course of business” (emphasis ours), the WHT Regulations neither defined nor provided any commentary on what constitutes a sale in the ordinary course of business. Recognising the likely impact of this ambiguity on taxpayers’ compliance with their WHT obligations, the Federal Inland Revenue Service (FIRS) attempted to provide some clarity on the phrase via the issuance of WHT Information Circulars in 1998, 2002, 2006 and 2009. Although the aim of the Circulars were to provide clarity and correct any ambiguity and misinterpretation with the operation of WHT in Nigeria, its effort to eliminate the controversy on what constitutes “sale in the ordinary course of business” further exacerbated the ambiguity. Taking the 2006 Circular as a case in point, the FIRS modified the provisions of the Regulations to “all types of contract and agency arrangements, other than outright sale and purchase of goods and property in the ordinary course of business”. While the introduction of these additional words by the FIRS may have sought to clarify the issue, it appeared to focus more on qualifying the word “sale”, rather than explaining the Phrase. Furthermore, the FIRS highlighted in the 2006 Circular that where a manufacturer delivers its normal products to its distributors and dealers for sale; and where a distributor earns income from their trading activities, such transactions are sales in the ordinary course of business and are not liable to WHT. In 2009, the FIRS issued another Circular and further attempted to clarify the ambiguity by subjecting “all types of contracts and agency arrangements” to WHT while deleting the ‘sale in the ordinary course of business’ exemption. While the modification in the 2009 Circular appears a quick fix, it is instructive to note that the Nigerian Courts have held that FIRS’ circulars are merely explanatory notes that do not carry the force of law and cannot modify the provisions of an enacted legislation.   Source: Mondaq

Withholding Tax Ambiguity Of Sale In The Ordinary Course Of Business Read More ยป

Loading...