Tobi Aminu

Taxation in the Era of Global Information Exchange

It is common knowledge that Nigeriaโ€™s tax to Gross Domestic Product (GDP) ratio is one of the lowest in the world. At under 6%, it is far below the sub-Saharan African average of 20%. Nigeria is reputed to be among the countries in the world with the lowest tax compliance rate as recently corroborated by the American billionaire and philanthropist, Bill Gates, who said without the credibility of the Government, Nigerians will not pay tax. Taxation, being a social contract, is expected to be fulfilled by both parties involved, i.e. citizens pay tax while the Government is seen as using such funds for public good. With the relatively low Internally Generated Revenue (IGR) from taxation across the States of the Federation, it is therefore not surprising that the Nigerian economy is heavily dependent on the oil sector to fund its expenditure. According to the International Monetary Fund (IMF), the oil sector accounts for over 95 percent of export earnings and about 40 percent of government revenues.ย ย ย ย ย  As a result of the low income generated by the government across all levels, the Federal Government and some State Governments have resorted to borrowing to fund health, education and other infrastructural projects. The rising debt profile of Nigeria has been generating concern both locally and internationally. The World Bank recently issued a statement urging the Federal Government of Nigeria to reduce its borrowing and tap private investments as an alternative source of revenue that will yield desired economic growth. Bill Gate in a recent interview also confirmed that one of the challenges that Nigeria has is that the amount the government raises domestically is small compared to other countries. In all of these, the resonating message is that government at all levels should increase tax compliance level in order to generate more income to fund infrastructural projects and effectively run the economy. In an attempt to enhance general tax compliance level in the country, the Federal Inland Revenue Service (FIRS) has established a framework for linking Bank Verification Number (BVN) of taxpayers to their respective Tax Identification Number (TIN). This is also being replicated at the level of State Tax Authorities as well. With the recent introduction of Common Reporting Standard (โ€œCRSโ€ or โ€œthe Standardโ€) in Nigeria, it is very evident that tax authorities across the country will begin to have access to information of taxpayerโ€™s offshore bank accounts and other assets or securities. Given this development, High Net-Worth Individuals (HNIs) in the country (Nigerians and non-Nigerians) could be subjected to tougher scrutiny by various tax authorities. In particular, HNIs with assets, securities and other forms of investments in countries that are signatories to the CRS will significantly be affected by this development. This is largely due to the fact that individuals are taxable in Nigeria based on their place of residence and worldwide income. CRS can potentially be a game changer in the Nigerian tax space going forward, which then calls for wealthy individuals to re-evaluate their investment holding structures in Nigeria and beyond. In addition, CRS will play a major role in checking the activities of multinational companies especially as it relates to base erosion, profit shifting and transfer pricing. This piece examines the increased global era of global information exchange and how this development can impact on the taxation of personal income of HNIs and other taxpayers. Currently, the tax authorities in their aggressive drive for tax collection have devised several schemes to drive tax compliance and enhance tax revenue collection. Integrated Tax Administration System (ITAS) popularly referred to as Project ITAS, increase in Value Added Tax (VAT) rate, online Withholding Tax (WHT) collection, Electronic Tax Clearance Certificate and E โ€“ filing platform of the FIRS, are all pointers to integration of technology into the system of tax administration for efficiency and to drive tax compliance. The most recent effort of the Nigerian Government to improve its tax revenue collection is the adoption of the CRS. The CRS was developed by the Organisation for Economic Co-operation and Development (OECD) in 2014. CRS is an information standard for the Automatic Exchange of Information (AEOI) regarding bank accounts between tax authorities of signatory countries. It serves as an agreement to share information on resident taxpayerโ€™s assets and incomes automatically, in accordance with the standard. Its purpose is to enhance tax administration, collection and discourage tax evasion. OECD allows the participating countries to determine what accounts are reportable. The term โ€œreportable accountโ€ means a jurisdictionโ€™s reportable account or another jurisdictionโ€™s reporting account, depending on the context, provided it has been identified as such pursuant to due diligence procedures, consistent with the annex in place in either Jurisdiction. This means that either jurisdiction may negotiate and determine its own reportable accounts in its agreement. The adoption of the CRS in Nigeria means that the tax authorities would have access to bank accounts of taxpayers, including details of income earned and transactions carried out by taxpayers outside Nigeria through their bank details. This era of increased exchange of information means that more information is available for the taxman to work with.   Source: This day

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FIRS targets 45m taxpayers by December โ€”Fowler

Federal Inland Revenue Service has said that about 45 million Nigerians will be captured as taxpayers before December 2019. Mr Babatunde Fowler, Chairman, Joint Tax Board said this on Thursday in Ilorin at the inauguration of the new Tax Identification Number registration system and consolidated National Taxpayersโ€™ Database for North Central zone. โ€œOver the last four years, the economic policies of the current administration have focused on establishing a stable foundation for socio-economic growth and development.ย ย ย ย  โ€œWith the astute leadership of Mr President, the milestones achieved bears ample testimony on the impact that has been made, not only in tax-revenue administration but in the environment of doing business in Nigeria,โ€ he said. Fowler listed the accomplishments to include expansion of tax base from 10 million to 20 million taxpayers with the potential for an increase of up to 45 million before year end. Fowler, who is also FIRS Chairman, said Internally Generated Revenue collection at the sub-national level grew exponentially by 46.11 per cent from N800.02 billion in 2016 to N1.16 trillion in 2018. He also said FIRS tax collections grew by 53.9 per cent from N3.3 trillion in 2016 to N5.32 trillion being the highest collection ever in the history of FIRS. Fowler added that N2.85 trillion was collected as Non- Oil Revenue which accounted for 54 per cent of total revenue collection. The JTB chairman said the federal government paid a total of N135.8 billion as outstanding PAYE tax liabilities owed by Federal MDAs to states from 2002 to 2016 with a total of N31.08 billion paid to the states in the North Central. โ€œWe are confident that this gesture by the Federal Government will encourage State Governments to also reciprocate and promptly remit all Withholding Taxes and VAT due to the Federation Account. โ€œA positive movement during the same period is Nigeria moving up 25 points in Tax Administration Section of World Bank โ€˜Ease of Doing Businessโ€™. โ€œThis positive progression is also reinforced by the recent listing of Nigeria as one of the โ€˜top 20 reformers in Doing Business for the year 2020 by the World Bank. โ€œWe expect that more positive country reports will be released by the time the full report by the World Bank is released on October 24, 2019,โ€ Fowler said. He said the new TIN Registration System would improve on the efficiency and output of the entire tax administration process. โ€œIt is also meant to provide enhanced convenience to the taxpayers as well as the tax administrators while guaranteeing that each taxpayerโ€™s details are readily available to them at their fingertips at all times and anywhere,โ€ Fowler added.   Source: Punch

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FG affirms removal of VAT on cooking gas

The Federal Government has confirmed the removal of Value Added Tax (VAT) on Liquefied Petroleum Gas (LPG) in Nigeria, otherwise known as cooking gas. This means that the cost of LPG, commonly referred to as cooking gas, will be relatively stable, thus attracting many investors and users in the country. The Chairman, Federal Inland Revenue Service, FIRS, who disclosed this at the stakeholdersโ€™ meeting with Vice President Yemi Osinbajo, in Abuja, recently said the measure was targeted at growing the LPG sector.ย ย ย ย ย  The Federal Government had earlier in the year promised to remove VAT on cooking gas to encourage utilisation of the product in many households. Osinbajo had explained that specifically, for household cooking, the present administration is targeting a 40 percent adoption rate (i.e. 13.8m households) in 5 years, and 73 percent adoption in 10 years (33.3m households). โ€œWe believe that the sub-sector can create up to 2 million new direct and indirect jobs in Nigeria. Our determination to prioritise the LPG sector development culminated in the Federal Executive Councilโ€™s approval of the National Gas policy in 2017, with dedicated input for the enhancement of the LPG sub-sector. Our driving vision has been to transform the sub-sector from a commodity sector based on export to a value creation sector based on domestic utilisation and industrialisation,โ€ he said. The President, Nigeria Liquefied Petroleum Gas Association (NLPGA), Nuhu Yakubu said: โ€œThe Nigeria LP Gas Association is the umbrella body of all stakeholders in the LP Gas sector in Nigeria. The primary objective of the Association is to promote the use of LP Gas in Nigeria at affordable costs. Findings by The Guardian had shown that LPG business will likely be boosted in Nigeria, as the Nigerian LNG Limited, a major local producer has indicated interest to increase supply, while demand for LPG is on the rise. In a message obtained from its website, the company stated: โ€œNLNG commenced the supply of Liquefied Petroleum Gas (LPG), otherwise known as cooking gas, to the domestic market in 2007 when refineries became challenged and supply was grossly inadequate. Since then, the issue of inadequate supply has become a thing of the past. โ€œThe intervention, which is in line with companyโ€™s vision of helping to build a better Nigeria, has significantly contributed to the stimulation and development of the domestic LPG market in Nigeria and has effectively brought down the price of cooking gas from over N7, 000 in 2007 to less than N3, 500 per 12.5kg cylinder today. โ€œNLNG is committed to delivering 350,000 tonnes of LPG into the Nigerian market annually and has signed Sales and Purchase Agreements (SPAs) with fifteen off-takers (all Nigerian companies) for the lifting of LPG for the domestic market.โ€   Source: Guardian

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Tax Automation Aiding Revenue Growth โ€“ Fowler

The Federal Inland Revenue Service (FIRS) has said technology integration is aiding revenue collection across the country. Mr Babatunde Fowler, the Chairman, FIRS, disclosed this during the inaugural edition of the Nigeria e-Government Conference in Lagos. The chairman said technology adoption made payment process more convenient and improved communication between taxpayers and the service in key areas.ย ย ย ย ย  The chairman, who was represented by the Assistant Director, e-Services and PEBEC Coordinator, FIRS, Dr Zainab Gobir, said the service has automated all its processes. Fowler explained that e-registration, stamp duty payment and Value Added Tax had benefited from the automation during an upgrade done prior to 2016. โ€œNow, with all these initiatives put in place, our revenue has gone up tremendously, comparing it from 2015 to now. So, this goes to tell you that the FIRS is all about innovation and we are all about continuously improving our technology to better serve the taxpaying public and to serve the nation as a whole,โ€ he said. The chairman also said technology has helped the service improve its website to a point where Nigerians can easily operate and get an immediate response without visiting its physical office. He stated, โ€œThe FIRS website is very robust to the point that if you check your phone now and visit our website, it would tell you the closest (FIRS) office to where you are. โ€œYou can do your tax payment and enquiries on your phone in your house, in your offices, anywhere.โ€   Source: InvestorKing

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Telecom operators condemn proposed communications service tax

Telecommunications operators have condemned the proposed nine per cent communications service tax the 9th National Assembly plans to re-introduce. The operators under the aegis of the Association of Telecommunications Companies of Nigeria said the 8th National Assembly which earlier considered introducing the tax in 2016 had shelved the idea after the intervention of the association.ย ย ย  Also, network operators belonging to the Association Licensed Telecommunications Operators of Nigeria said the proposed nine per cent tax would make life difficult for an average Nigerian as communication is presently the most affordable basic need of everyone. The President of ATCON, Olusola Teniola, noted in a statement on Thursday that ATCON executives met the former Senate President, Bukola Saraki, on November 8, 2016 where the senators acknowledged that the growth of ICT was critical to the creation of jobs and reduction in youth unemployment. The ATCON president noted that the association suggested that the tax base be widened to allow more businesses to pay taxes.   Source: Punch

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Why Buhari didnโ€™t sign bill granting 10-year tax incentive to auto industry โ€”Aide

Special Adviser to the President on the Ease of Doing Business, Dr. Jumoke Oduwole, has given reasons for the delay in the signing of the much-awaited National Automotive Industry Development Plan bill. Oduwole, who also doubles as the Secretary, Presidential Enabling Business Environment Council, in an interview with News Agency of Nigeria on Thursday in Lagos, said the auto policy was critical to Nigeriaโ€™s economy.ย ย ย ย ย  Oduwole, the keynote speaker at the launch of the Autoprenuer Programme by Nigeriaโ€™s leading automotive trading platform, Cars45, said the government was doing all within its power to set the economy on the right path. On the Auto Policy, she said the president knew the importance of the policy to the manufacturing sector in Nigeria, hence, there was a need for wider consultations to make it all-encompassing. NAN reports that President Buhari had declined assent to the NAIDP bill after four years of legislative process. The bill provides for a 10-year tax incentive for the auto industry and other incentives to attract investment in the sector. Oduwole, however, argued that the bill should be in tandem with the realities of comparative economic values. โ€œThere is need for a policy that will take us to where we want to be. Nigeria just signed African Continental Free Trade Area Agreement. โ€œWe need an auto policy that will be enduring; we donโ€™t want a policy that we will have and after a few years, we will need to change it and that is why we are calling for more contributions. โ€œWe are doing that so as not to take away from those that have invested in it now. โ€œWe are looking at the sector now because we want to compete with the whole continent. โ€œWe are using this opportunity to shape things in the way we want it to be for the future, because the auto policy is not only critical but pivotal for the growth of the economy,โ€ she said. The Chief Executive Officer of Cars45, Etuk Etop, said the reason for the launch of Autoprenuer Programme was to give hope to the teeming youths faced with unemployment. He said the programme had been designed to accommodate as many youths as possible that want to be part of the scheme. โ€œWithin a month of opening the portal for the registration on Autoprenuer Programme, we already have 10,000 people signed up. Nevertheless, we want every home to be part of it. โ€œThis is a programme that can accommodate all citizens without asking for educational qualifications and very easy to access. โ€œWe want to give all Nigerians another source of income.โ€   Source: Punch

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Consumption tax: Respect court judgment, Lagos tells hotels, restaurants

The Lagos State Government has urged all hotels, restaurants, and events centres operators in the state to respect the decision of the court on the Lagos State Hotel Occupancy and Restaurant (Fiscalisation) Regulations 2017. The state said this in a statement on Friday that a suit challenging the consumption tax law was dismissed by the Federal High Court in Lagos on Thursday.ย ย ย ย  The Director, Public Affairs, Lagos State Ministry of Justice, Mr Kayode Oyekanmi, who signed the statement, explained that the court dismissed the claim of the plaintiffs that โ€œsince the Value Added Tax by Federal Inland Revenue contains provisions relating to the consumption, it had โ€˜covered the fieldโ€™ and as such, no state law can impose any similar tax.โ€ ย โ€œThe judgment stated that Lagos State is the only constitutional and lawful body permitted to assess, impose and collect tax from customers for goods and services consumed in hotels, restaurants and event centres in the state. โ€œThe court granted an order of perpetual injunction to restrain the Federal Inland Revenue Service from collecting tax from customers for goods and services consumed in hotels, restaurants and event centres in Lagos State,โ€ Oyekanmi said. The suit, which Oyekanmi spoke of, was filed last year by the Registered Trustees of Hotel Owners and Managers Association of Lagos. The association had in the suit urged the court to strike down paragraphs 4, 5, 6, 7, 8, and 11 of the Lagos consumption tax law. They urged the court to stop the Lagos State Government from installing certain gadgets in hotels and other hospitality centres for the purpose of monitoring their incomes, hence the taxes due to the state. But, according to Lagos State, Justice Rilwan Aikawa dismissed the plaintiffโ€™s suit. โ€œAll hotels, restaurants, and events centres managers and operators are hereby enjoined to henceforth comply with the provisions of the Hotel Occupancy and Restaurant Consumption Tax Law and regulations of Lagos State as declared in the judgment of the Federal High Court,โ€ Oyekanmi said.   Source: Punch

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We are not increasing tax, other dues โ€“ Oyo govt

The Oyo State Government has reiterated its assurance to the people of the state that the administration would not increase tax on business enterprises in order to increase the Internally Generated Revenue (IGR) of the state. The Executive Chairman, Oyo State Internal Revenue Service (OYSIRS), Aremo John Adeleke, stated this in a chat with journalists in his office, saying that Governor Seyi Makinde was applying sympathy and empathy in his dealings on the matter since the new administration came into office. ย ย ย According to Aremo Adeleke, the government is working assiduously to capture other areas that have not been explored to generate more revenue to the coffers of the state, adding that a culture of efficient and leak-proof collection in all areas of revenue would be put in place. โ€œInstead of tax increment, we are emphasizing on efficient collection of existing revenue and we are bringing our informal sector into the tax net. Besides, we are reaching out to other geopolitical zones in our tax campaign. โ€œThe good performance of Governor Seyi Makinde has also changed the attitude of the stakeholders towards tax payment. Most of them are responding without any reminder. However, the economy is a big challenge for many companies as this has implication on Pay As You Earn (PAYE) remittances,โ€ he said. Adeleke explained further that those that were reluctant to respond were being served reminders after which thorough enforcement would follow, assuring that any steps to be taken to enforce the tax drive would be legal, with human face. The chairman added that though churches and mosques were exempted from paying taxes but those with revenue earning ventures and other businesses would pay taxes, levies and any fees applicable. He used the opportunity to also call on those that were in better positions in the society to rise and assist the government to improve the standard of living of the citizenry by ensuring regular payment of their tax and dues.   Source: Daily trust

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Tax increment could breed crisis โ€“ Miyatti Allah

The Zona Chairman, Miyetti Allah Cattle Breeders Association of Nigeria (MACBAN) MACBAN, Alhaji Giddado Sadiq, has explained that the group had no issue with farmers in the country especially South-east geopolitocal zone. Sadiq, who was reacting to federal government plans to increase Value Added Tax from 5 to 7.5% and CBN tax on Savings and Withdrawals for cashless policy, said that relationship between farmers and herders in the zone were cordial except that jobless (idle) people sometimes instigate crisis among them.ย ย ย  He appealed to president Muhammed Buhari-led federal government to reconsider decision on tax increment to avoid multiplying the sufferings of people and in turn increase unemployment which according to him breeds vices. โ€œIt might be counter productive if government increase or impose more tax on the poor masses because it will make people to suffer. You know we are still facing weak economy. There are high rate of unemployment in Nigeria. If the tax should affect those struggling to earn a living they may start engaging on social vices. ย โ€œYou know it is not farmers that have issues with the herders but idle people. If more people are left to suffer they might go into crimes which will not augur well on us. Our government should find way of doing something about it,โ€ he stated.   Source: Blueprint

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Communication Services tax underway

Vice President Yemi Osinbajo is currently meeting behind closed doors with the former Senate Leader, Senator Ali Ndume. The meeting started a few minutes past 1 pm at the vice presidentโ€™s office. The meeting may not be unconnected with the Senateโ€™s decision to introduce an action to impose tax on communication services in the country. The bill for an act to establish the Communication Service Tax was formally introduced on the floor of the Senate on Wednesday is being sponsored by Ndume.ย ย ย  The lawmaker from Borno State, had told newsmen after the first reading of the bill that the imposition of tax on communication service is a better way of distributing wealth in such a way that would not affect the ordinary people. Ndume had explained that increasing VAT would have very deadly effect on the economy as it could affect the prices of goods and services and take them beyond the reach of ordinary people. The Communication Service Tax Bill will be pegged at 9% of the charge for the use of communication services. Ndume had informed reporters that he was going to meet with Osinbajo as head of the economic team to buy into the Communication Service Tax Bill. The bill reads in part: โ€œThere shall be imposed, charged payable and collected a monthly Communication Service Tax to be levied on charges payable by a user of an electronic communication service other than private electronic communication services.โ€ The bill further stated that โ€œthe tax shall be levied on Electronic Communication Services supplied by Service Providers.โ€ โ€œFor the purpose of this clause, the supply of any form of recharges shall be considered as a charge for usage of Electronic Communication Service.โ€ Specifically, the bill provided that the โ€œtax shall be levied on such Electronic Communication Services like voice calls, SMS, MMS, data usage both from Telecommunication Services Providers and Internet Service as well as pay-per-view TV stations.โ€ If the bill is passed, โ€œThe tax shall be paid together with the Electronic Communication Service charge payable to the service provider by the consumer of the service. โ€œThe tax is due and payable on any supply of Electronic Communication Service within the time period specified under sub-clause (5) of whether or not the person making the supply is permitted or authorised to provide Electronic Communication Services.โ€   Source: The Sun

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