Tobi Aminu

MTN Nigeria has said it took the Federal Inland Revenue Service before the tax tribunal to seek clarification over its right to deduct tax from the regulatory fine imposed by the Nigerian Communications Commission (NCC) in 2015. In its reaction to PREMIUM TIMES enquiries Monday last week, the tele-mobile firm said the decision to approach the tribunal followed a technical disagreement with the tax agency. The MTN said the dispute was rooted on how the fine should be treated for tax purposes by the FIRS. In October 2015, the NCC imposed a N1.04 trillion (about $5.2 billion) fine on MTN for failure to disconnect 5.1 million unregistered subscribers from its network. However, following the intervention of the presidency in the matter, the fine was reduced to N330 billion. MTN completed the payment on May 31, 2019. Dispute with FIRS But, in anexclusive interview with PREMIUM TIMES, the FIRS Chairman, Tunde Fowler, disclosed that despite that MTN has since paid the fine to the Federal Government, the matter was not yet resolved. According to Mr Fowler, the unresolved issue with FIRS has to do with MTNs dispute whether it has a right to deduct tax from the fine or not. The MTN took a position that the fine or penalty should be tax-deductible. (But), the FIRS said that does not make sense. One cannot be given a penalty or fine, which is a punitive measure, and the company is saying it is tax-deductible so that it will get a tax credit on that, Mr Fowler told PREMIUM TIMES in his office in Abuja. He said the FIRS told the MTN management such deductions cannot be made, as fines and penalties for regulatory infractions are revenues to the federal government and are not subject to any tax deduction. The FIRS Chairman said although the MTN made the payment in protest, the position of the revenue agency on the fine and penalty will not change until a court of competent jurisdiction gives its final ruling on it. Initially they (MTN) made the payment on account. The FIRS said, no, it is not on account, but it is tax due to government, he said. The alternative is for MTN to go to court and let the court (maybe Supreme Court) say the FIRS was wrong, and that such fines or penalties are tax-deductible, Mr Fowler said. MTN reports to NSE. The MTN did not respond to PREMIUM TIMES enquiries on the matter. Its spokesperson requested time to cross-check the information and revert. He did not. But, on Friday, the telecoms firms made a regulatory filing with the Nigerian Stock Exchange titled: Announcement regarding status of taxes relating to the 2015 Fine. The filing on Tuesday, dated August 2, was signed by its Company Secretary, Uto Ukpanah, read: Our attention has been drawn to media reports regarding the status of taxes relating to the 2015 fine imposed on MTN Nigeria Communications Plc (MTN). We acknowledge that there is a technical disagreement between MTN and the Federal Inland Revenue Service (FIRS) as to how the fine should be treated for tax purposes.  However, while the monies have been paid to FIRS, we have taken the disagreement to the Tax Tribunal set up by FIRS Chairman and Minister of Finance, and are awaiting a decision. MTN remains fully compliant with Nigerian tax laws and will abide by the findings of the tribunal. The company is committed to meeting its fiscal responsibilities and contributing to the social and economic development of Nigeria. Since incorporation in 2001, MTN has invested more than NGN2 trillion into the Nigerian economy and has paid more than NGN 1.7 trillion in taxes, levies and other regulatory fees.a   Source: xtreme

Taxpayers in Rivers State are regarded and treated as development partners, so declared the Rivers State Internal Revenue Service (RIRS). The Executive Chairman of the Board, Adoage Norteh, who disclosed this in Port Harcourt, said this is the reason why taxpayers were made to be part of the process in the informal sector tax initiative being rolled out in Rivers State this month.  Norteh told BusinessDay in an exclusive interview that the regard shown to the taxpayers informed the decision to set up a joint committee of tax paying groups and the RIRS which recently submitted a resolution on taxes that would be paid and applicable rates, a resolution aimed at calming tensions to promote ease of doing business in Rivers State. The RIRS had made the private sector to lead the discourse as chairman and secretary, thus removing all fears that the committee was rather a rubber stamp. This is expected to send positive signals to the entire taxpaying community in Rivers State that an acceptable and peaceful tax collection system is born. Other states having chaotic informal sector tax collection systems could also borrow a leaf, sources said. The presumptive tax committee consisted of the chairman of the Rivers State Joint Committee on Implementation of Informal Sector Tax Collection, Uba Obasi, who represented the Manufacturers Association of Nigeria (MAN) in the state, backed by the secretary of the committee, representing the Nigeria Bar Association, Port Harcourt Branch and Clement Akanibo from the organized private sector and member of the Port Harcourt Chamber of Commerce. Other members include: National Association of Small Scale Industrialists, Pillars of Association, Rivers State Drivers Cooperative, National Union of Road Transport Workers, Tricycle Operators and Traders Union, among others. Obasi, representing MAN as chairman of the committee said the objective was to look into how the RIRS could capture the revenue of the informal sector in the state. He told newsmen that it was also to eliminate multiple taxes and usher in peace in the tax collection process. He stated: “We have just endorsed the report we fashioned out and it would be forwarded to the Executive Chairman of the RIRS. If approved, it would bring to an end the problems bedeviling tax collection mechanism in the informal sector tax collection in the state. We need the information to spread to all taxpayers in Rivers State in order to protect the tax process from touts and ensure that collections made get to the coffers of Government. However, the Revenue Board has agreed on how to collect taxes from the informal sector which is expected to take off this August.” Explaining the significance of the historic resolutions, the RIRS boss reminded taxpayers that the Rivers infrastructural development and facilities can only be sustained through their collaboration and cooperation.  It is noteworthy that Rivers IGR did not crash when other aspects of the national economy faced challenges and when many businesses collapsed. Instead, the IGR of the state recorded modest increases. According to sources, IGR rose from an average of 5.5Bn per month in 2016 to about 10Bn monthly in 2017 when the present tax administration took over. This is expected to further rise given these Informal Sector tax initiatives. Norteh observed that the beauty of it all is that the state’s IGR increases were achieved without fracas and without street wars, but rather with an engendered friendly tax atmosphere. This atmosphere has been capped with historic tax resolutions reached last week in Port Harcourt between the RIRS and private sector leaders. This first-ever resolution is expected to form the bedrock of the roll-out of the informal sector tax drive after many months of consultations, conferences and stakeholder sessions in Port Harcourt. The RIRS admitted that the engagement processes and conference series may have caused long delays and cost huge resources but that it remains the best strategy that could meet the cardinal objective of taxation in the state.  Gov. Wike had given a clear mandate that taxes must not be collected with chaos, violence or tension in Rivers State. In order to achieve this objective, the RIRS undertook to engage stakeholders in organised conferences and meetings to get everyone on board for a seamless process.  Norteh said; “Taxes are a creation of the law; however, it should not be approached from a punitive perspective. Though it is mandatory by law to pay taxes, taxpayers should be made to see it as not only a requirement of the law but also a demonstration of responsibility. Taxes hold numerous benefits; besides, it should be seen as a duty and from responsibility standpoint.” Norteh explained that it is for this reason that the RIRS hopes to host a National Tax Roundtable in Port Harcourt to deepen the state’s new tax engagement processes that have engendered peace in tax collection. Experts said it is time the state positioned Port Harcourt as a tax-friendly city; a city of tax collection creativity and tax ideas. “We think it’s time we changed the Rivers narrative that will address the positives of taxation.” He stated: “I was able to create the engagement process with support of taxpayers as we prepared to roll out the informal sector tax drive because I am not more a tax administrator than I am a taxpayer.”   Source: Business day