Tobi Aminu

Understand your income tax assessments and your tax debt

Once you have submitted your income tax return to SARS, you will be issued with an ITA34 – your notice of assessment – for the relevant year of assessment. ย At the top of your assessment you will be given two important dates, that are often overlooked, although these dates are of vital importance to you as a taxpayer. The dates are your โ€œdate of assessmentโ€ and your โ€œpayment due dateโ€. Each of these dates are unique to the relevant year of assessment and are determined based on the date which the return is submitted.ย  Now you may well ask what they mean? Well, let us unpack this for you. ย The date of assessment is important to keep in consideration when deciding to object to an assessment or when wanting to request for a correction of an assessment. In terms of the Tax Administration Act, an assessment will expire after 3 years, meaning that 3 years after your date of assessment.ย  So, three years after the date of assessment, you will no longer be allowed to object to the assessment or request for a correction on that return that gave rise to the tax assessment. ย The payment due date is the final date on which you will have to pay SARS the outstanding liability in respect of the assessment. If the outstanding liability in respect of the assessment is not paid on the payment due date, interest may well start accruing one month from the payment due date. ย Interest will start accruing on the first day of each month until such time that the outstanding liability in respect of that assessment is settled. This interest along with the tax liability will be reflected on your statement of account (your assessed account)..   Source: IOL

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How FIRS, other agencies miss revenue targets

Experts List Ways To Rev Up National Revenue Aside observed economic challenges, the failing strategies deployed by the Federal Inland Revenue Service (FIRS) in the collection of tax revenue is leaving billions of naira out of government coffers, thereby shorting the countryโ€™s revenue budgets. Furthermore, other revenue generating agencies like ministries of Finance; Industry, Trade and Investments, as well as that of Budget and National Planning are increasingly tardy with reports of financial dealings, remittances of revenue, and avoidance of accountability. The nationโ€™s tax authorities should, however, learn not to overstate facts, as it appears that tax expectations are not actually based on agreed liabilities, but estimated liabilities, which create false hopes and mostly result in disputes with associated costs to government. Meanwhile, tax and financial experts have proffered ways of ending the ongoing financial malfeasance, loss of revenue through leakages, lack of proper financial reporting and how to increase collections and remittances. The latest report of the Auditor-General of the Federation (AuGF), Anthony Ayine, which pointed out several infractions amounting to hundreds of billions, also spotted eight major ones in the Ministry of Budget and National Planning; 11 in the Ministry of Finance; four in the Ministry of Trade and Investment, and huge uncollected tax revenues by FIRS, all of which amounted to hundreds of billions of naira and creating dire fiscal crisis. The report also deplored the level of financial recklessness perpetrated by several government agencies, citing many violations of fiscal laws that have imprisonment and refunds as penalty. โ€œAs at April 2018, 109 agencies have not submitted financial reports beyond 2013, 76 agencies last submitted for the 2010 financial year, while 65 agencies have never submitted any account since inception,โ€ the report said. In the Ministry of Budget and National Planning, N36.75m advances granted to some officers of the ministry were still not retired as at March 2017, with most of them granted amounts up to N4m and multiple advances without retiring the previous outstanding. โ€œThe above development is a contravention of extant regulations, which stipulates that advances in excess of N200, 000 should not be granted to any officer and that all procurement of stores and services costing above N200, 000 shall only be made through the award of contract by Local Purchase Orders (LPO), or Job Orders. โ€œNon-compliance with this extant rule deprived government of revenue that would have been generated from VAT and WHT if contracts were awarded,โ€ he said. About 42 payment vouchers with amounts totalling N30.93 million were raised and payments effected to members of staff and contractors for various services without relevant supporting documents, contrary to Financial Regulation 603(i). At the Budget Office of the Federation, about N4.96 billion was made available to the Budget Office of the Federation for Special Purpose Vehicle (SPV) Fund, however there were no records maintained for the receipt and disbursement of this huge amount. โ€œAccounting books such as Vote books and Cashbooks were not maintained. Payment vouchers were not even raised while making payments. The only information available was the memo to the Director of Expenditure requesting for the release of the amount from the schedule officer stating that a committee had been set up for the management of the fund. โ€œThis act contravenes Financial Regulations 405 and 406 which require the sub- accounting officer of the benefiting MDA to maintain an appropriate record and ensure that the amount on the AIE is not exceeded,โ€ he said. Also, four MDAs were paid the sum of N19.09 billion from the Service Wide Vote without the approval of the Minister of Finance, some of which were made on a purported verbal directive from the Director- General, contravening the Financial Regulations 301 and 302 which state that โ€œrecurrent expenditure is paid from the Consolidated Revenue Fund and no expenditure may be incurred except on the authority of a warrant issued by the Minister of Financeโ€. Among the 11 major infractions of the Ministry of Finance include the N48 million paid through a payment voucher dated October 12, 2016, to Federation Accounts Allocations Committee (FAAC) Post Mortem Treasury Single Account(TSA) account being payment for re-appointment of Consultants to the Post Mortem Sub-committee of FAAC. The payment for the consultants was made to a Sub-committee of FAAC and not directly to the Consultants, while the identity of the Consultants was not disclosed and there was no evidence that due process was followed in the engagement of the Consultants. Furthermore, the mandatory 10 per cent Withholding Tax and five per cent Value Added Tax (VAT) worth N7.2 million was not deducted from the payment made to the four Consultants, contrary to VAT Act No. 102 of 1993 and Financial Regulation 234, which says failure to comply would result in sanctions, including fines and/or imprisonment. At the Ministry of Trade and Investment, 13 payment vouchers with amounts totalling N60.39 million were raised for payment of estacode and air tickets to members of staff of the Ministry. However, all the payment vouchers, which were raised after the journeys had been embarked upon were without relevant supporting documents, as required by Financial Regulation 603, while all the efforts to get the supporting documents did not yield result. Source: guardian

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The dynamics of managing tax risk and controversy

Global tax risk and controversy are on the rise globally, especially for multinational enterprises (MNEs), and this is driven by a number of factors. The first part of this article is devoted to examining the general trends in the global tax landscape within which the MNEs operate in order to set the background. Later in the article, the various phases in the tax risk management process, and the tools available to manage risk under each phase are highlighted. The article then concludes by highlighting the risks created by tax controversy. First and foremost, businesses have become very dynamic, with transactions being structured in ways that were never envisaged at the time the tax laws were being enacted. We are now talking about e-business, digital economy, block-chain, robotics, to mention a few. All these developments present new challenges for Revenue Authorities, MNEs and their tax advisors alike. ย Secondly, the global tax landscape is more volatile and contentious, hence causing more tax disputes and controversy. We have seen a plethora of tax reforms both in the United States and in the European Union coupled with the famous Brexit in the United Kingdom. All these developments have far-reaching ramifications for MNEs wherever they operate, including in the developing world. ย Thirdly, Revenue Authorities around the world have become more aggressive and focussed on transactions taking place in their jurisdictions, especially by MNEs. The G20 countries as well as the member countries of the Organisation for Economic Cooperation and Development (OECD) and the Africa Tax Administration Forum (ATAF) have been at the forefront of driving this agenda. As the Ethiopians say, โ€œThe man that marries a beautiful wife, and the one that grows corn by the roadside, have the same problemโ€! The MNEs are the proverbial man that married a beautiful wife; every Revenue Authority wants to grab a share of what they perceive as income generated from its territory. ย Fourthly, the rapid pace of tax law changes creates more tax risk and controversy since taxpayers find themselves always aiming at a moving target in their tax compliance agenda. In the wake of the finalisation of the OECDโ€™s Base Erosion and Profit Shifting (BEPS) Project, many countries have embarked on a flurry of tax law changes, ranging from the traditional amendments to complete overhaul of tax laws. For example, Kenya, Uganda and Tanzania have in the past two or three financial years effected a number of amendments in their domestic tax laws; Rwanda, on the other hand, has taken a more radical approach in the past three years, issuing completely new Income Tax and Value Added Tax Laws as well as cancelling its Double Tax Treaty with Mauritius and negotiating an entirely new Treaty. ย We are also witnessing increased information sharing among Revenue Authorities, presenting new challenges for multinational companies (MNEs). In the developed world, it is not uncommon for a multinational group to be handling a tax issue with the Tax Administration in one territory, only for follow-up queries on the same subject to be raised by the Tax Authority of another jurisdiction in which they operate. On the African continent, the Africa Tax Administration Forum (ATAF) is spearheading this. At the tail- end of July 2018, during my tour of duty in Rwanda, I was privileged to attend the ATAF High Level Tax Policy Dialogue that took place in Kigali. The subject of information sharing was high on the agenda; therefore, MNEs cannot afford to adopt a business-as-usual approach to their tax compliance agenda in Africa anymore. ย Additionally, narrow tax bases in most of the developing countries mean that Revenue Authorities have become more unreasonable and aggressive in their approach and interpretation, especially when it comes to grey areas in the law as well as borderline cases, in order to meet increased tax revenue targets. For instance, Uganda Revenue Authority was tasked to collect about Sixteen Trillion Uganda Shillings last financial year; this has been raised to about Twenty Trillion for the current financial year. Hence, taxpayers should not expect to be faced with an overly reasonable taxman. As the Nigerian saying goes, โ€œThe frown on a goatโ€™s face does not prevent it being taken to the market for saleโ€! In a nutshell, all the above trends imply that taxpayers and their business advisors must take a more holistic view of the tax legislative and regulatory environments within which they operate if they are to remain on top of their tax risk management agenda. ย    Source: New Vision

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Police arrest Tunisia presidential candidate Karoui for tax crime

Tunisian police arrested presidential candidate Nabil Karoui on Friday on what local media said were charges of financial crimes, but his party said it was a politically motivated attempt to exclude him from the election race. Karouiโ€™s own Nessma TV channel reported he had been arrested as he traveled to Tunis and broadcast a video showing the police detaining him in his car. The 56-year-old media magnate is one of the main candidates contesting the Sept 15 election following the death of President Beji Caid Essebsi. A judge ordered the detention of Karoui to face charges of tax evasion and money laundering, Mosaique FM radio reported. Judicial authorities were not immediately available for comment. A judge decided in July this year to bar Karoui from traveling abroad after weeks of investigation on suspicion of money laundering. โ€œThe police arrested Karoui while we were on our way back from the city of Beja to Tunis,โ€ said Osama Khelifi, a political adviser to the candidate. โ€œThey kidnapped the most prominent candidate in the presidential election so that (Prime Minister Youssef) Chahed can win the election in an open way,โ€ he added. Samira Chaouachi, spokeswoman of Karouiโ€™s Heart of Tunisia Party, said it was โ€œa political arrest aimed at keeping Karoui out of the presidential raceโ€. The prime ministerโ€™s office was not available for comment. Chahed and Karoui are among 26 candidates running for the presidency following Essebsiโ€™s death last month aged 92. Esebsi was the first head of state to be democratically elected in Tunisia following the popular uprising of 2011. Other candidates include former president Moncef Marzouki and Abd El Fatteh Mourou vice president of the moderate Islamist Ennahda party. Tunisiaโ€™s president controls foreign and defense policy, governing alongside a prime minister chosen by parliament who has authority over domestic affairs. Karoui founded the Khalil Tounes Foundation in 2017 to fight poverty, the main theme in his campaign. Nesma channel promotes his candidacy and career. In April, police stormed the offices of Nesma and took it off the air over accusations that it had breached broadcasting rules. Nesma said it was a move to stop it criticizing the government.   Source: African Quarter

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Crypto Taxation Around the Globe

Upon its inception, Bitcoin was envisioned as a borderless currency that could be used by its owners without being affected by the regulatory impositions of any centralized agency or government body. And while this idea in itself is quite grand, the fact of the matter is that todayโ€™s crypto owners (across the globe) are subject to varying tax restrictions on their digital holdings by local regulatory bodies. Also, over the course of the past few months, a number of tax agencies around the globe, (such as the United States Internal Revenue Service) have been in the process of creating new guidance frameworks for overseeing their respective crypto industries. For example, Japanese tax authorities have been sifting through data obtained from various local exchanges so as to nab evaders and cheats, while the Australian Taxation Office (ATO) is currently operating a number of investigations regarding tax-avoidance ploys that involve large volumes of digital currencies. These developments clearly point to the fact that crypto is a matter of concern for a number of tax departments around the world โ€” primarily because they provide people with an avenue for commerce that expands beyond todayโ€™s existing financial systems. So, here areย  some crypto-centric economic frameworks that are being used by countries across the globe.   Source: Sleekarena

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BMO Mocks Obasanjo Over Alleged Tax Default

Former President Olusegun Obasanjo has been mocked by the Buhari Media Organisation (BMO) for being indicted by the Federal Inland Revenue Service, FIRS, as a tax defaulter. Obasanjo Farms Nigeria Limited, a company owned by the former President was among the 19,000 tax defaulters recently listed by the FIRS. Through a statement issued by the Chairman, Niyi Akinsiju and Secretary, Cassidy Madueke, BMO said it was shocking that someone who prides himself as the father of modern Nigeria was a tax defaulter. The group told him that not only should he write open letters to Buhari on how to govern the nation, he should also pay his taxes when due. The statement by the BMO reads; It is a big surprise that a company owned by a former President who sees himself as the father of modern Nigeria is on a list of companies that have run afoul of the nations tax laws. We also consider it a thing of shame for General Obasanjo not to pay taxes as at when due, especially as he is known to pontificate either at public fora or through open letters against societal ills, aside from launching scathing attacks against all sitting Presidents after him. We do not see why he should stop writing letters or speaking out against societal ills, but it would be hypocritical for him not to pay his companys taxes as at when due. So, our message to former President Obasanjo is: Keep writing open letters to Nigerians but do not forget to pay your taxes, the BMO said.   Source: Xtreme news

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Alleged tax default: FIRSโ€™ action embarrassing โ€“ Assemblies of God Church

The Assemblies of God Church, Nigeria, has described as embarrassing the listing of the Church by the Federal Inland Revenue Service, FIRS, as one of the tax defaulting companies. It was gathered that the Government revenue agency had listed the church alongside 19,901 other accounts that were yet to regularise their tax status. A statement it posted to that effect had read: โ€œThis is to notify all Companies, which had their Bank Accounts placed under Lien by the Federal Inland Revenue Service (FIRS) pursuant to Section 31 of the FIRS Act, but are yet to regularise their tax status with the FIRS, that if they fail, refuse or neglect to pay the tax due within 30 days of this Notice, the FIRS shall in accordance with Section 49 (2) (a- d) of the FIRS Act proceed and enforce the payment of the said tax against all the Directors, Managers, Secretaries and every other person concerned in the management of the Companies and recover the said tax from such persons without further notice.โ€ Reacting on Thursday through a statement in Enugu by its General Secretary Rev Dr Godwin Amaowoh, Assemblies of God Church said its listing among the category of tax defaulters was a height of official recklessness. While describing the development as an act fueled by ignorance, the Church demanded the immediate retraction of the said publication. โ€œWe received with bewilderment and embarrassment publications classifying the Assemblies of God Church, Nigeria among tax defaulting companies. โ€œIt came to us with huge surprise considering that at no time had religious organizations been taxable in Nigeria, and how the Assemblies of God Church, Nigeria, now became an exception beats our imagination. โ€œIt is either the person who did this categorization and fueled the publications in some online media outfits did so out of ignorance or it was an act of mischief. We say ignorance in the sense that the person who listed the Assemblies of God into list of defaulters may need to be taught that Churches are not taxable, or mischief as the person may have chosen to deliberately embarrass the Church. โ€œEither way, we demand that for whatever intent and purpose, the said misleading and embarrassing publication should be retracted by the FIRS. โ€œThe Assemblies of God is a law-abiding Church and would not allow its name to be dragged into an act of lawlessness and disobedience to the extant laws of the land. โ€œFor the avoidance of doubts, The Assemblies of God Nigeria as Registered with the Corporate Affairs Commission is a non-profit making Organization and the Law respects Thatโ€ โ€œWhile we await the FIRS to do the needful in this regard, we urge all our members to remain calm as there is no cause for alarm,โ€ he said.   Source: Daily post

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CAC updates registration for SMEs, others

In line with the ease of doing business policy, the Corporate Affairs Commission (CAC), has made changes to the pre-incorporation and post-incorporation processes on its portal. In a statement culled from the Commissionโ€™s website, โ€œusers will now have an option to check for conflicting names before making a name reservation to reduce the number of denied name reservations and the attendant costs.โ€ โ€œUsers will no longer be directed to the โ€˜Uploadโ€™ segment of the website but will now be prompted to upload signed incorporation documents as soon as the payment of filing fees and stamp duties are made. Certificates of Incorporation will now be printed by the accredited user. โ€œThe requirement for a valid Company email address is now mandatory as the Commission will communicate all future correspondences (including but not limited to the acknowledgment of post-incorporation filings) to the company via its registered email address. The procedure for making post-incorporation changes are as follows: When a company is incorporated, the portal sends a notification to the companyโ€™s registered email prompting it to create online profiles of accredited users who it intends to engage for purposes of its post-incorporation filings. โ€œThe Company enters details of the users and their email addresses. Once this is completed, the accredited user receives an email with login details, which grants them access to the portal to process post-incorporation filings on behalf of that Company. โ€œFurther, all CTC requests will now be made online and the CTCs printed by the user. All documents emanating from the Commission (Certificates of Incorporation and CTCs) will now bear an electronic certification stamp with a QR Code. The innovation of the QR Code enables any interested party with a smartphone to scan the code and confirm the authenticity of the document. โ€œThere has also been a slight change to the cost of obtaining CTCs of Annual Returns. Typically, a company pays N2,000 for CTC of the Annual Returns Form CAC 10, the Companyโ€™s Audited Accounts and CACโ€™s letter. Companies will now be required to pay N2,000 for each of these documents,โ€ the statement read in part.   Source: The Sun

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Tax: โ€˜FG, states should block all channels of leakagesโ€™

Governments at all levels have been urged to block all channels of tax leakages including avoidance, evasion, and corruption, through strict enforcement of tax laws. A Development Consultant Kolawole Banwo made the call at a meeting on the โ€˜Tax Justice and Breaking Barrier Project of ActionAid Nigeria organized by Rural Women and Youth Development in Sokoto. โ€œTax evasion is synonymous with tax fraudโ€, he asserted. Banwo noted poor inter-agency collaboration, inadequate data of taxpayer, corrupt tax revenue collection and dependence on human agents, conflict of interest, and political interference in tax administration and predominance of cash-based economy, as among drivers of tax evasion. Others, he said, included inadequate regulations, weak institutions, complex tax computation process, weak regulation of the financial services sector and unethical conduct of facilitating professionals. The Consultant also called for the amendment of relevant tax laws and policies to reflect current realities, the introduction of automation of tax system, employment of ICT to reduce human involvement in the tax collection as well as streamlining and democratization of the process of granting incentives. He stressed the need to acquire and regularly update taxpayersโ€™ data, publish details of all legitimate taxes and relevant authorities and circulate widely, professionalize, train, re-train and adequately remunerate officials and staff of revenue authority and establish an effective grievance mechanism for complaints to resolve of Taxpayersโ€™ issues. Banwo urged the harmonization of Tax Identification Number (TIN) with the FIRS and promote cashless transactions.   Source: Daily Trust

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FIRS names top firms owing taxes as Obasanjo, Davido makes list

The Federal Inland Service (FIRS) has suspended the accounts owned by Obasanjo Farms, Iyiola Omisore and Davido Music Worldwide Ltd. Latest Nigeria News understands that the โ€œbondโ€ is a right to maintain possession of a property (accounts) that belongs to another person until a debt of that person is released. Remember that Babatunde Fowler, executive president of the Federal Internal Revenue Service (FIRS), was consulted by President Muhammadu Buhari regarding alleged discrepancies in tax collection from 2015 to 2018. Latestalert reports that Fowler was consulted in a letter from President Buhariโ€™s Chief of Staff, Abba Kyari, dated 8 August 2019 This online news platform includes that the letter addressed to the FIRS president asked him to explain the reasons for the โ€œsignificantโ€ changes in budget collections and actual tax collections in 2015, 2016, 2017 and 2018. The Federal Interior Service (FIRS) listed 19,901 accounts that had not yet regularized their tax status. Some of the accounts published include: Citiroof Aluminium Co. Ltd, Coldstone Creamery Limited (Yaba), Davido Music Worldwide Ltd, Grand Square Supermarket and Stores Ltd, Iyiola Omisore & Par, Open Heavens Bliss Enterprises and The Assemblies of God Nigeria. Others are X3M Music Limited, Tiger Foods Limited, Slot Enterprises, Payporte Technology Limited, Visionscape Sanitation Solutions Limited, Erisco Foods Limited Milk Cube account, God is Good Motors (Vehicle sales account), Hubmart Stores Limited, Obasanjo Farms Nig. Ltd (Feedmill) and United Capital Plc. The FIRS, in an advertorial, vowed to enforce the payment of whatever outstanding each company had. โ€œThis is to notify all Companies, which had their Bank Accounts placed under Lien by the Federal Inland Revenue Service (FIRS) pursuant to Section 31 of the FIRSE Act, but are yet to regularise their tax status with the FIRS, that if they fail, refuse or neglect to pay the tax due within 30 days of this Notice, the FIRS shall in accordance with Section 49 (2) (a- d) of the FIRSE Act proceed and enforce the payment of the said tax against all the Directors, Managers, Secretaries and every other person concerned in the management of the Companies and recover the said tax from such persons without further notice. โ€œFor the avoidance of doubt, the above Section authorizes the FIRS to proceed against and punish every officer, Manager, Director, Secretary or any person concerned with the management of the Company in like manner as if he/she had committed the offence,โ€ it said.   Source: Latest Alert

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