Tobi Aminu

FIRS To Pursue Directors

Federal Inland Revenue Service (FIRS) on Monday, 19 August 2019, issued a public notice mandating companies with lien on their accounts to regularise their tax status and pay the tax due within 30 days of the public notice. In the event of non-compliance within the stated timeline, FIRS has stated its intention to recover the tax liabilities from directors, managers, secretaries and other management staff of such companies. This final warning appears to be linked to FIRS’ decision to publish a list of over 19,000 corporate tax defaulters with the name of their bankers. With these publications, it appears that FIRS is poised to go all out in order to fully recover “outstanding tax liabilities”. It would be recalled that in March 2019, FIRS issued a warning to taxpayers on the impending lien to be imposed on their bank accounts for non-compliance with provisions of the enabling tax legislation on value added tax and withholding tax. The March 2019 warning emanated from an earlier FIRS notice mandating banks to place a lien on defaulting taxpayers’ accounts for a period of 30 days. Please click here to access our earlier tax alert in this regard. Though FIRS is empowered, under Section 31 of the FIRS (Establishment) Act (FIRSEA) and Section 49 of the Companies Income Tax Act (CITA), to appoint any person to be the agent of a taxable person for the purpose of recovering tax debts from such taxable person, such powers become exercisable when there is a confirmation of the alleged tax liabilities. Comments and reactions from various concerned taxpayers would suggest that the matter of outstanding tax liabilities are, at best, mere allegation in some instances. Please click here to access our detailed analysis on this subject. The above notwithstanding, we advise that taxpayers should continue to review their tax records and ensure compliance with the law to avoid disruption to their businesses. Additionally, the companies affected by this notice should liaise with the relevant consultants and FIRS on how to resolve all the issues going forward.   Source: Mondaq

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Businesses that may be affected by FIRSโ€™ new VAT policy

Businesses operating in Nigeriaโ€™s internet space are preparing to add value-added tax (VAT) to their cost of doing business. Babatunde Fowler, executive chairman of the Federal Inland Revenue Service (FIRS) recently announced that the service will extend its tax net by charging 5% VAT on online transactions. Since its inception, the Muhammadu Buhari-led administration has made attempts to increase governmentโ€™s revenue.In collaboration with the FIRS, Kemi Adeosun, the administrationโ€™s first minister of finance, introduced programmes like the Voluntary Assets and Income Declaration Scheme (VAIDS) and Voluntary Offshore Assets Regularisation Scheme (VOARS), which mandates citizens to pay tax on offshore assets. Adeosun and Zainab Ahmed, the current minister of finance, budget and national planning, have also made statements about Nigeria having a revenue problem, not a debt problem. Although the FIRS has not released the details of how this directive will be carried out, checks by TheCable suggests that these under-listed businesses will be affected. DOMESTIC SHOPPING WEBSITES With the advent of the internet in Nigeria, a number of domestic shopping websites have found a place in Nigeria. The most popular of these shopping websites are Jumia and Konga. These platforms offer a wide range of products and services which are all web-based. One might argue that these platforms carry some items that VAT has already been considered in the final retail price. These are some of the fine details that the FIRS will work out. FOREIGN SHOPPING WEBSITES According to the 1993 VAT act which was amended in 2007, โ€œany service received from outside Nigeria other than those listed in appendix 1 to this Circular (i.e. the list of exempted goods and services) attract VAT at the normal rate of 5%โ€. In a recent interview, Folwer said it does not matter if the item has already been vatted in its originating country. โ€œIf you reside here, have your business here, and you make a purchase outside the shores of this country, youโ€™re expected to pay VAT. Whether the invoice from that foreign merchant includes VAT in its bill to you or not,โ€ he said. TECH COMPANIES The directive will apply to these companies on products that are sold locally. This is because the VAT act states that all non-oil exports are zero-rated. For example, Andela would be required to remit VAT for software sold locally but this will not apply to software sold to foreign companies. WEB-BASED TICKETING PLATFORMS Thinking about attending that next Davido or Tiwa Savage show,? From January 2020, organisers who choose to sell tickets online would have to remit VAT to the FIRS. However, plays and performances conducted by educational institutions are exempted from VAT. NETFLIX, IROKOTV Subscriptions to these movie streaming services are carried out online. Entertainment services are not VAT-exempt hence, they will be required to remit VAT on their subscriptions when the directive becomes effective. iTunes Like the movie streaming platforms, music streaming platforms like iTunes will also be required to remit VAT. FACEBOOK, INSTAGRAM, TWITTER Although these might appear like regular social media platforms, subscribers who use their promoted post services will be charged VAT. The VATable services may be more or less depending on the implementation framework released by the FIRS. UBER, BOLT, GOKADA, Oโ€™PAY These transportation companies rely on the internet to connect with customers and riders. Like the local shopping websites, they are directly affected by this policy. INSTAGRAM VENDORS According to the FIRS boss, banks will act as collection agents for the new policy. Instagram vendors often require that customers pay money into accounts registered with the names of their businesses. These accounts could be pointers to business transactions for banks. ONLINE LOGISTICS COMPANIES A lot of companies and businesses depend on delivery/dispatch/logistics companies to complete their transactions. Some of these logistics companies carry out the majority of their transactions online thereby making them eligible to pay VAT.   Source: The cable

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VAT rises by 17% to N312 bn in Q2โ€™19

The revenue generated from Value Added Tax (VAT) in the second quarter of 2019 (Q2โ€™19) rose by 17 percent to N312 billion from N269.79 billion in the corresponding period of 2018. The National Bureau of Statistics (NBS), yesterday, disclosed this in its sectoral distribution of Value Added Tax (VAT) data for Q2 2019. The report showed that โ€˜Other Manufacturingโ€™ sector generated the highest amount of VAT of N34.43 billion during the period. The report stated: โ€œSectoral distribution of Value Added Tax data for Q2โ€™19 reflected that the sum of N311.94 billion was generated in Q2โ€™19 as against N289.04 billion generated in Q1โ€™19 and N269.79 billion generated in Q2โ€™18 representing 7.92 percent increase quarter-on-quarter, QoQ, and 16.95 percent increase year-on-year, YoY. FG generates N808bn from VAT in 9 months โ€” NBS(Opens in a new browser tab) โ€œOther manufacturing generated the highest amount of VAT with N34.43 billion generated and closely followed by Professional Services generating N29.58 billion, Commercial and Trading generating N16.27 billion while Mining generated the least and closely followed by Pharmaceutical, Soaps & Toiletries and Textile and Garment Industry with N50.60 million, N250.09 million and N316.91million generated respectively. โ€œOut of the total amounted generated in Q2โ€™19, N151.56 billion was generated as Non-Import tax locally while N94.90 billion was generated as Non-Import VAT for foreign. The balance of N65.48 billion was generated as Nigeria Custom Service (NCS)-Import VAT.โ€   Source: Vanguard

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Stanbic IBTC records NN36.2bn profit after tax in 6 months

Stanbic IBTC Holdings PLC, a member of the Standard Bank Group, has announced its mid-year audited results for the period ended June 30, 2019, as it recorded a profit of N36.2 billion after tax. The Group also announced an interim dividend of 100 kobo. According to the Stanbic IBTCโ€™s income statement, the Group recorded an increase in gross earnings to N117.4 billion, representing a 3% growth. The company also maintained its total operating income of N94 billion. Profit before tax stood at N44.7 billion, while profit after tax was N36.2 billion. Other results reflect an increase in non-interest revenue which stood at N54.9 billion while net-interest income was N39.3 billion. Stanbic IBTCโ€™s balance sheet reflect that the Groupโ€™s total assetโ€™s was N1,619.3 billion while the gross loans and advances was N479.7 billion, an increase in 5%, compared to last yearโ€™s figures. While customer deposits was N693.5 billion, there was an improvement in current-and-savings-accounts deposits mix which went up to 68.9%. Speaking at the formal announcement of the results at the Stanbic IBTC Holdings PLC Headquarters, Yinka Sanni, Chief Executive, Stanbic IBTC, stated that the Groupโ€™s business segments were profitable, despite the challenging business and regulatory environment.   Source: PM News

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Tax Strategies for Special Needs Families

If you or a loved one has disabilities or special needs, you know that the costs related to care can be substantial. The good news is, you may be able to reduce these costs by maximizing the tax strategies available to you. Below I’ve outlined four main areas to focus on when assessing your tax situation. A Certified Public Accountant (CPA) or a tax adviser who is familiar with special needs planning is an important person to have on your financial team. This tax professional can help to ensure you’re taking advantage of all tax deductions that you are eligible for and that you maintain them in the future. Medical Expenses: As of 2019, an itemized deduction is available for medical expenses greater than 10% of Adjusted Gross Income (AGI). For many this is a large hurdle to overcome, but for someone with costs related to a disability or special need, you may be spending double the amount of a typical taxpayer. The key is to be diligent in tracking your medical expenses, obtaining documentation of physician recommended expenses, and planning ahead with your CPA. Examples of deductible medical expenses are: prescription drugs, over the counter insulin and/or syringes, dental costs, psychological or psychiatric services, premiums paid for Medicare Part B, and the cost of guide dogs, wheelchairs, etc. Keep in mind that you cannot deduct expenses for nonprescribed medicines, drugs, vitamins, or health foods. Some medical expenses that are deductible are often overlooked. These include costs related to special schools and institutions, capital expenditures, medical conferences and seminars, nursing home expenses and long-term care costs, and medical travel and transportation. Special schools and institutions: If your child attends a qualifying special school, you may deduct the entire unreimbursed cost as a medical expense. In addition to tuition, the costs can include lodging, meals, transportation, incidental education costs, supervision at the school, treatment, and training. Private tutoring expenses may also qualify. Capital expenditures: If a physician recommends that a capital improvement should be made to your home for medical reasons, you may deduct the cost in excess of the increase in your home’s fair market value (FMV). If the recommendation is to remove structural barriers, the full cost may be deductible. An example is installing a lift for someone with a physical limitation. The full cost of the lift and installation may be deductible. The ongoing costs to maintain it may also be deductible in subsequent years, if a medical reason still exists. Medical conferences and seminars: If your doctor recommends that you attend sessions to learn more about your dependent’s medical condition in order to assist them, the cost of attending these conferences and seminars, including transportation, is deductible. Lodging and meal costs are not. Nursing home and long-term care: Expenses incurred in a nursing home or long-term care (LTC) facility are deductible if you are chronically ill or the facility is primarily for medical care. In most cases, facilities primarily provide custodial care. The medical care component specifically may be deductible if separately stated on the bill. You may also deduct a portion of the cost of LTC insurance premiums. Medical travel and transportation: The cost of travel to a medical facility, not including trips to improve general health, is deductible. If you use your own personal automobile, you may deduct a certain amount based on miles traveled. Unlike for medical conferences and seminars, a portion of lodging costs for you and one other person may be deductible, if an overnight stay is required. The meals during your stay, though, are not. In addition to tracking expenses for a deduction, you should consider a Flexible Saving Account (FSA) to set aside pre-tax money to directly lower your taxable income. This account is used to cover medical expenses throughout the year. Keep in mind that the full account balance must be used by year end.   Source: Patch

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EFCC to CAC: Your response time to our enquiries delaying investigation

The acting Chairman of the Economic and Financial Crimes Commission, Ibrahim Magu, has stressed the need for the Corporate Affairs Commission to cooperate with the anti-corruption agency in the fight against corruption, especially in its investigations of companies involved in suspicious activities. Magu gave the charge through the Head, EFCC Maiduguri Zonal Office, Lawrence Iwodi, who paid a courtesy visit to the CAC Head Office in Borno State on August 28, 2019. He said: โ€œThe Corporate Affairs Commission is doing a very good job in responding to requests put to it by the EFCC, but we want to urge you to speed up the response time in order not to delay our investigations and possible prosecution.โ€ He further stressed the need for the CAC to ensure that due diligence is carried out when registering any company as part of efforts to check the prevalence of companies set up to perpetrate fraud. โ€œWhile we urge you to respond promptly to our requests, it is necessary for you to carry out due diligence, especially as it relates to Know Your Customer and when there is need for update on a companyโ€™s address,โ€ he said. Magu observed that some proxy companies were being set up in Borno and Yobe States with the sole aim of siphoning public funds, and affirmed that the EFCC remains unrelenting in its efforts to go after such companies. He further noted that as stipulated in the EFCC Establishment Act 2004, the CAC was a member of the EFCC Board and so was an essential partner with the anti-corruption agency in the fight against corruption. Responding, the CAC Manager, Nazir Sani, assured the EFCC of its continued support for the EFCC. โ€œWe will continue to give the EFCC topmost priority in responding to request sent to the Corporate Affairs Commission,โ€ Sani said.   Source: The Eagles

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Online VAT maybe โ€œthe lawโ€, but Nigerians are not having it

The Executive Chairman of the Federal Inland Revenue Service (FIRS), Babatunde Fowler, has again reiterated that the payment of VAT on VATable online transactions is required by the law. But while this is true by all means, Nigerians have continued to express their misgivings to this development. There are many reasons why Nigerians have continued to express their misgivings over FIRSโ€™ move to implement this policy starting early next year. Before we examine those, let us first briefly look at why the Nigerian Government is so focused on tax at the moment. A broke government? There have been some indications that the Federal Government of Nigeria is seriously financially-handicapped. Bloomberg even reported earlier today that โ€œAfricaโ€™s largest oil producer could run out of money if it doesnโ€™t boost revenues urgentlyโ€. As such, the Buhari-led administration is making desperate efforts to generate more revenue. VAT for the rescue: One of the ways the government hopes to bring in more money is obviously by focusing on VAT. This comes after a leaked memo revealed that the Presidency recently queried the FIRS boss over consistent failure to meet VAT target. Consequently, the FIRS has taken it upon itself to ensure that more money is generated for the government through VAT. Fowler himself even acknowledged that โ€œVAT is certainly something that is required, as it is the fastest-growing tax type worldwideโ€. But the FIRSโ€™s move to collect VAT on online Transactions has generated quite a lot of controversies. Nairametrics recently reported that stakeholders in the E-commerce space have frowned against the move, citing that it could potentially cripple businesses. Regular Nigerians have also expressed their concerns over the move. As expected, their main concern is that an additional 5% value-added tax on online transactions will only add to the hardship already faced by most Nigerians. Just yesterday, a Nairametrics reader named Ola Ilesanmi, left a thought-provoking comment on one of our articles. Ilesanmiโ€™s comment reads in parts; โ€œI donโ€™t actually know what investors will return as gains as from next January if an investor pays 1.statutory Charges on equities subscribed at 3.9% per transaction, 2. VAT on investment 5% per transaction, 3. VAT ( the percentage yet to be declared by FIRS ) on online transactions within or outside the country.โ€ Note that the FIRS had earlier explained on Twitter that this move is not intended to stagnate the growth of SMEs/MSMEs, particularly those operating in the online space. The tax body also clarified that only online businesses that do not currently pay VAT will be required to do so henceforth. Similarly, only VATable online transactions will be subject to this policy. However, despite this explanation, Nigerians have a lot of questions.   Source:ย  Nairamatric

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Govt agents clash with sellers over tax

The popular Abakpa Market in Abakaliki, the Ebonyi State capital, was shut down on Wednesday, following the alleged death of an apprentice. The victim was said to have been beaten to death by persons suspected to be thugs who reportedly accompanied government officials to the market to enforce payment of tax on behalf of the state government. Our Correspondent gathered that the Ebonyi State Government task force had gone to the market to press the marketers to pay their taxes, a situation which resulted to an uprising that eventually led to chaos. During the pandemonium, the source said, policemen drafted to the area teargassed the marketers, even as the aggrieved markers were said to have responded by hauling stones and other dangerous materials. An eyewitness recounted, โ€œGovernment officials had come around to demand for tax. โ€œWhen they got to a manโ€™s shop, he was said to have demanded to know what the matter was. This reportedly made one of the thugs who followed the government officials to slap the shop owner. โ€œThe man retaliated and they started beating the man, leading to his death. โ€œPolicemen have since taken over the market and the market is currently shut down. The Ebonyi State Police Command said it could not confirm the incident as of the time of filing this report. The Commandโ€™s spokesperson, Loveth Odah, told journalists in Abakaliki on Wednesday that she would not comment on the matter because her men were yet to return from the crisis scene. Reacting to the incident, the Special Assistant to Ebonyi State Governor on Internally Generated Revenue, Okwuegu Martin, denied the death of one of the traders. He explained that the state government had given the traders several notices to pay up. โ€œThey had refused to comply, until the task force embarked on the enforcement drive,โ€ Martin said.   Source: Punch

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How To Get Tax Identification Number (TIN)

Tax payment is compulsory for every business owner in Nigeria as well as employed Nigerian citizens. However, it is impossible to pay your tax or open a corporate bank account without your tax identification number (TIN). So, in this article, we will take you through the process of how to get TIN in Nigeria either as an individual or a company. Generally speaking, to get your TIN in Nigeria, all you need to do is: ย ย ย  Visit the nearest FIRS office ย ย ย  Request for the relevant documents or forms involved ย  ย ย Fill the forms correctly ย ย ย  Return the completely filled form to FIRS ย ย ย  Present your valid ID card e.g International passport, National ID card, Voters Card or Drivers license ย ย ย  Submit your passport and fingerprints Nevertheless, we have broken down this process to answer the frequent questions people ask about tax identification number. Ensure you read till the end. What is Tax Identification Number (TIN)? Basically, TIN is a unique number given to an individual, a registered business or incorporated companies for the purpose of tax payment. Usually, the number is issued by the tax office for proper identifications and order. Why Should I get A TIN? TIN is the prove you have to show that you are a registered tax payer in Nigeria. In addition to that, TIN helps you to avoid double taxation because your payment can be traced and verified. Not only that, TIN is required for: ย ย ย  Government loans ย ย ย  Foreign exchange ย ย ย  Tax clearance certificate ย ย ย  Opening corporate account ย ย ย  Application for certificate of occupancy ย ย ย  Application for trade, import and export licenses ย ย ย  Registration of Motor Vehicles   Source: Entrepreneur

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FIRS Eyes N1.3tn Quarterly

The Federal Inland Revenue Service (FIRS) may generate as much as N1.3 trillion in a quarter from Value Added Tax (VAT) on all online transactions, based on the projection of the levy being kept at the present five per cent base. Executive Chairman of FIRS, Mr. Tunde Fowler, said yesterday at the African Tax Administration Forum (ATAF) Technical Workshop on VAT in Abuja that the agency would begin to impose VAT on local and international online transactions, with effect from January 2020. Figures obtained from the Nigerian Interbank Settlement System (NIBSS), the total value of online transactions in the country between January and March 2019, was N27.649 trillion. A breakdown of this showed that transactions on NIBSS Settlement Series stood at N1.2 trillion within the period; e-payment operations โ€“ N24.2 trillion; Point of Sales โ€“ N633.8 billion; ATMs โ€“ N1.5 trillion; Mobile Money โ€“ N810.1 billion and Web-payment โ€“ N107.6 billion. Therefore, should FIRS decide to fully implement this policy across all the payment channels, it would rake in N1.382 trillion in three months, being five per cent, the present VAT in the country, of the total amount within the period, as VAT. Although Fowler did not give details of how much the agency was targeting, FIRS has been striving to boost revenue generation for the federation in the face of dwindling oil revenue, the major source of foreign exchange earning for Nigeria, and it is hoping to diversify the nationโ€™s revenue base from this income stream. FIRS officials contacted by THISDAY said since the modalities were being worked out, including what percentage of VAT to charge and whether the levy would be across all online platforms or not, it would be premature to discuss any projected earning for now. However, at the ATAF workshop yesterday, Fowler spoke on the potential of VAT as a major income stream, saying that there is the need for Nigeria to fully exploit the possibilities to generate more revenue. He said: โ€œWe have thrown it out to Nigerians. Effective from January 2020, we will ask banks to charge VAT on online transactions, both domestic and international. โ€œVAT remains the cash cow in most African countries, with an average VAT-to-total tax revenue rate of 31 per cent. This is higher than the Organisation for Economic Cooperation and Developmentโ€™s average of 20 per cent. This statistics, therefore, is a validation of the need for us to streamline the administration of this tax with the full knowledge of its potential contributions to national budgets. โ€œIt is, however, also bearing in mind the rights of our taxpayers.โ€ According to him, in Nigeria, for example, VAT is critical to the development of projects at all levels of government โ€œVAT revenue is shared 15 per cent to the federal government, 50 per cent to state governments and 35 per cent to local governments. โ€œFIRS wrote to all commercial banks in May 2018, requesting for a list of companies, partnerships and enterprises with a banking turnover of N1 billion and above. โ€œThis activity is aimed at ascertaining those companies that are compliant with the tax laws and those that are not,โ€ he added. Fowler, who is also the chairman of ATAF, said the African tax outlook gave some starting points on the questions to ask regarding some aspects of VAT. He said: โ€œWhy does VAT contribute 51 per cent to total tax revenue in Senegal but only 17 per cent in Nigeria? Why is the ratio on VAT refunds at 49 per cent in Zambia but only one per cent in The Gambia?โ€ He added that African countries would need to โ€œclosely look at the taxation of digital goods and servicesโ€ to boost revenue generation as consumers increasingly patronise online trading activities. He said as civilisation gravitated towards digital platforms as a means of facilitating the day-to-day running of businesses and households, it had also become imperative to tax administrators to understand how this would affect VAT as a tax and how best to mitigate any challenges. He stated that increased digitalisation and the focus on reviewing related tax standards would enhance increased transparency between multinationals and the tax authorities. He said the VAT systems, if streamlined, should have a ripple effect in attaining useful data to guide effective tax audits in other areas. The FIRS boss described VAT as a high revenue-yielding tax on the continent, adding that despite challenges, stakeholders must explore effectively means to administer the tax, especially in ways that are equitable to the taxpayer. The Executive Secretary of ATAF, Mr. Logan Wort, also said the ATAF VAT Technical Committee was also monitoring developments in the construction sector and had already commenced work on guidance on VAT issues arising from the sector as governments in the continent sought to commit over $1 trillion for investment towards infrastructure development over the next 10 years. He said: โ€œThe 2018 edition of Deloitteโ€™s Africa Construction Trends report indicated that as of June 2018, Africa had 482 projects, each valued at $50 million or above. In total these construction projects were valued at $471 billion. โ€œThis was an increase of 53 per cent of the total value of $307 billion recorded in 2017. In 2018, the top three countries in terms of construction projects were Egypt, South Africa and Nigeria. Egypt had the highest recorded number of projects, totalling 46 and accounting for 9.5 per cent of African projects. In terms of value, Egypt also topped Africa, recording projects worth $79.2 billion. This accounted for 17 per cent of the continentโ€™s value of projects.โ€ He also justified the need to shift focus to the digital economy to boost revenue drive amidst the present fiscal constraints being faced by individual countries โ€œWhile construction is that of tangibility, the rise on the intangibles is common across the globe and indeed in Africa. Beset against the fourth industrial revolution, more and more, we realise that the โ€œold wayโ€ of going to a shop to buy a product may not be the most effective

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