Tobi Aminu

LPG: Association Commends FG For VAT Removal

The Nigerian Association of Liquefied Petroleum Gas Marketers (NALPGAM) on Thursday commended the Federal Government for the removal of Value-Added Tax (VAT) on locally sourced Liquefied Petroleum Gas (LPG). The NALPGAM President, Mr Nosa Ogieva-Okunbor, said on Thursday in Lagos that the Federal Government had approved the removal of VAT on LPG and gazette the same. According to him, the clamor for VAT removal from domestically produced LPG, otherwise known as cooking gas, has been of perennial concern to members of the association. โ€œWe express our profound gratitude to the Federal Government and all relevant government agencies for listening to our plea to remove VAT from LPG products sourced locally. โ€œWe also want to use this opportunity to thank and appreciate the Department of Petroleum Resources (DPR) for its timely directive stopping the inappropriate and indiscriminate installation of skid plants in petrol stations,โ€™โ€™ Ogieva-Okunbor said in a statement. He said the directive that all skid plants in filling stations be dismantled and removed was apt, considering the huge danger they constitute to the public in the operations. He appealed for a proper and thorough implementation of the directive across the country. The NALPGAM boss urged government to create a more conducive and enabling environment for investors in the industry, particularly now that deepening the consumption of LPG in the country had become one of its major interests. He said marketers were also geared toward ensuring the success of the programme by complementing governmentโ€™s efforts. โ€œWe appeal for a reduction on the import duty on LPG equipment and accessories. โ€œThe increased awareness of LPG usage has seen consumption in Nigeria growing from 50,000MT in 2007 to over 600,000MT in 2018 with more indigenous investments in LPG bottling plants. โ€œThis will further ensure that majority of Nigerians enjoyed the convenience of the proximity of LPG refill or exchange points. โ€œWe implore the federal and state governments to initiate a well-funded social welfare programme to expand the usage of LPG,โ€™โ€™ the NALPGAM boss said.   Source: Leadership

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Anambra journalists demand Azingeโ€™s confirmation as CAC Registrar Generalโ€™s

The League of Anambra Media Practitioners (LAMP), a body of journalists of Anambra state origin, practicing in Abuja, has called on President Muhammadu Buhari, to as a matter of urgency; confirm the appointment of the acting Registrar General of the Corporate Affairs Commission (CAC), Lady Azuka Azinge, as the substantive Registrar General. LAMP in a press statement by its Convener, Mr Williams Orji, Monday in Abuja, regretted that Lady Azinge, who has transformed the commission since she assumed office, over a year ago, was still in acting capacity despite numerous transformations on easy of doing business she introduced to the commission. Orji said the acting registrar also has to her credit, among others: โ€œthe abolition ofย ย  proficiency certificate requirement; the increment of number of small scale business registration through a new federal government policy; the reduction of the number of hours spent to conduct a search from days to just four hours, while the registration services can be done now within 24 hours, through online.โ€ Similar newsย  Anambra RTEAN worries over motor park touts, miscreants. The group wondered why, having done so much in reinvigorating and repositioning CAC to its current state, which has attracted more businesses to the country, confirmation of the appointment of the brain behind such feat was being delayed. โ€œโ€ฆthe achievement she has brought to CAC shows that no previous registrar general has surpassed her feat. She has brought professionalism and efficiency in the running of the once moribund commission, where it can now boast of making more money for the federal government. โ€œTherefore, we beseech Mr President, to speedily confirm her appointment, as a way of motivating her for more hard work and innovations in line with the present administrationโ€™s economic revival,โ€ the body said in the statement.   Source: Blueprints

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CAC: Court remands former Mainstreet Bank MD

An Ikeja Special Offences Court, Lagos has revoked the bail of a former Managing Director of MainStreet Bank Registrar Limited, Chester Onyeamachi Ukandu who was earlier granted bail on an offence of forgery. Ukandu was arraigned by the Economic and Financial Crimes Commission, EFCC on March 19, 2018 on a three-count charge bordering on forgery and impersonation. Ukandu, who was docked alongside one Mr. Achi George, was alleged by the EFCC to have forged documents purportedly emanating from the Corporate Affairs Commission (C.A.C.) Justice Olusola Williams however revoked Ukanduโ€™s bail following an express breach in the bail conditions earlier granted him. According to the prosecuting Counsel, A.B.C Ozioko, who filed a motion on Notice dated January 15, 2019, the 1st defendant, Ukandu had breached some of the bail conditions by acting in a manner capable of jeopardizing the course of justice in the case. However, one of the bail conditions by the court included a strict warning to the defendants that the defendants should desist from holding themselves out as officers of the company and other correspondence in that regard, until the final determination of the suit or any other suits in the Federal High Court, pertaining to the ownership of the Mainstreet Bank Registrars Limited. Ozioko, while praying the court to revoke the Ukanduโ€™s bail, said that instead of being sober and face the charges of conspiracy and forgery against him, the 1st defendant continued to write numerous petitions against the prosecution star witness in the matter, seeking to intimidate, harass and embarrass the witness. The prosecutor accused Ukandu of writing a petition to the Nigerian Bar Association (NBA) against a lawyer, who is also a witness in the his matter, after he was granted bail. EFCC said Ukandu has taken active steps to interfere with the successful prosecution of the case against him since he was granted bail and urged the court revoke his bail. The court thereafter noted that the defendant acted in a manner capable of jeopardizing the course of justice in the case. Ruling on the application, Justice Williams held that once the court grants a bail to an accused person; it ought not in law revoke such bail, unless there is evidence of some changed circumstances placed before it. โ€œUnfortunately for the 1st defendant, there was ample evidence of changed circumstances, adding that the defendant has been restless. โ€œit appears that the defendant would rather take matters into his own hands instead of leaving the court to determine the suit expeditiously. โ€œI am persuaded that he should be placed in custody so that he does not continue to muddy the waters and disturb the progress of this case. Accordingly, the bail granted to the 1st defendant is hereby revokedโ€, Justice Williams ruled. The EFCC alleged that sometime between February 6 and 7, 2012, the two defendants conspired and forged the letter head paper of Mainstreet Bank Registrars Limited, with registration number: 613674, claiming that it emanated from Mainstreet Bankโ€™s Registrars Limited. The commission accused the duo of forging a Corporate Affairs Commission (CAC) Form 2A, claiming that it emanated from CAC. The two defendants, who had retired from the company, were alleged to have unlawfully converted the companyโ€™s properties and bank account with Skye Bank for personal use.   Source: Tribune

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ICAN accredits accounting courses at ATAP

The Institute of Chartered Accountants of Nigeria (ICAN) has issued certificate of recognition to Abubakar Tatari Ali Polytechnic (ATAP) Bauchi for its National Diploma and Higher National programmes in Accountancy. The Dean, School of Management Studies of the polytechnic Dr Hafiz Baba made the disclosure on Tuesdayย  while speaking with newsmen in his office. With this development, according to Dr Hafiz national diploma and higher national diploma students of Accountancy of the institution can now enjoy a waiver while registering for ICAN examination. The Dean said ATAP is now in consultation with the ICAN headquarters in Lagos for the opening of a centre in Bauchi where students can sit for the professional examination. Similar newsย  Gov Bello pledges human capital Devt, youth empowerment in second term Dr Hafiz Baba said following the accreditation of professional courses in the polytechnic, many professional bodies like Nigeria Society of Engineers, Institute of Quantity Surveyors, Nigeria Institute of Accountancy and ICAN have all visited the polytechnic to give their final professional accreditation and identify themselves with the institution. He further disclosed that the polytechnic had been accredited to run National Diploma in Taxation after certifying all the requirements of professional bodies. Dr Hafiz commended the Rector of the polytechnic Dr Suleman Muhammed Lame for his efforts towards uplifting the institution to greater heights. According to him, the polytechnic now runs 46 fully accredited National Diploma and Higher National Diploma courses, 18 NCE courses and 8 degree programmes in affiliation with ATBU Bauchi.   Source: Blueprints

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Aeronautic Charges, VAT Not Hindrance To Growth Of Domestic Airlines

Indigenous airlines have been told to take the prompt payment of their charges to respective aviation agencies as a top priority in order for the industry to witness the expected growth. Grp. Capt. John Ojikutu (rtd), the Chief Executive Officer (CEO) of Centurion Aviation Securities in an interview with our correspondent in Lagos, said that aeronautic charges and payment of Value Added Tax (VAT) were not the challenges hindering growth of the airlines as claimed in some quarters. Rather, he said that most of the airline operators did not prepare sufficiently for the financial commitment of their business and responsibility before venturing into the sector. Onjikutu posited that the manner of their entries, exits and lifespan showed that many of them did not include in their business plan, the aeronautical charges and taxes as contained in the economic regulation of the Nigerian Civil Aviation Regulations (NCARs). He explained that none of the airlines in the sector airlifts passengers on credit and wonder why they could not remit to the appropriate authorities sums collected from passengers on behalf of the agencies. โ€œGenerally, they sell cash and carry tickets not on credits, but owe recurring debts to the services providers and staff salaries in multiple arrears. There were records of some of the airlines collapsing within five years of their entry into operation. ย โ€œSome others had to appeal for government intervention funds to bail them out of debts from bank loans and recurring, debts from the various aviation services providers. โ€œMany did not plan their flight operations beyond five airports, but were operating to 10 airports or even more without including the costs into their expected earnings. Others expanded their operations to airports that are not sufficiently equipped to support flight operations beyond daylight or sunset.โ€ He insisted that the issue of multiple taxes as claimed by the airlines were spurious as they were not taxes only, but charges, which were not imposed on the airlines alone, but also on other operators, services providers, allied businesses and the passengers. He explained that there were about 38 taxes and charges, but only 11 of these were charges on the airlines. He emphasised that for the airlines, only VAT was a tax; four were statutory charges, two were non-statutory charges, while four others were operational support or services charges. He added that two out of these were optional, while the remaining 27 were charges on other operators not the airlines.   Source: Independent

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FIRS Vows to Eliminate Multiple Taxation

The Executive Chairman, Federal Inland Revenue Service (FIRS), Mr. Babatunde Fowler, has restated the agencyโ€™s commitment to eliminating multiple taxation in the country. Fowler said this at a tax breakfast seminar with the theme: โ€œTax Controversy and Dispute Resolution,โ€™ organised by KPMG Nigeria in Lagos, recently. According to him, one thing the FIRS did when it initiated the ongoing tax reform was to sign a memorandum of understanding (MoU) with the State Internal Revenue Agencies to streamline tax payments. He explained: โ€œWe see things changing this year and I hope that the corporate body would take advantage of this opportunity. โ€œThis simply says that if you have businesses operating in more than one state, instead of having five State Internal Revenue Services and FIRS coming to check your books, you can do it at one stop. โ€œYou inform the committee, they look at your books and each state would get what is due them and of course the FIRS. He listed some of the issues that cause dispute in terms of tax payment to include income tax, Value Added Tax holding tax in the country. According to him, defaulting in tax payment is one of the reasons for controversies and dispute. He said the decision by the agency to place a lien on defaulting taxpayers with bank accounts with turnover of N100 million and above annually, for over three years was in order. โ€œI donโ€™t really think there should be much concern when you are talking about disputes in this respect. That is because 99 per cent of all these accounts do not even have a tax identity. Without a tax ID at the FIRS level, you canโ€™t make tax payments. โ€œThese businesses had collected VAT, they had deducted withholding tax and didnโ€™t file any returns nor did they make any tax payment. So, when we are talking about a dispute here, I think it is an open and closed case,โ€ he added. Continuing, Fowler said: โ€œSome of the reasons for these controversies basically might be wrong computation of taxes, misinterpretation of some section of tax laws and audits and the issue of double taxation. โ€œOn the issue of double taxation, politically, the states believe that they have the right to impose sales tax, whereas some people feel VAT should be a federal tax, which the states do share from that revenue. And i think that was the only area in Nigeria where we had an issue of double taxation.โ€ Fowler further noted that one of the reasons for low tax collections, not just in Nigeria, but the entire Africa, was the over-reliance on income from natural resources over the years. โ€œIf you look at Nigeria as a country, nobody has been sent to jail for criminal charges when it comes to taxation, because when you file the return which is four times it becomes a criminal case at the same time at the state level the same applies.   Source: This Days

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Should VAT Apply On Lottery And Gaming Activities In Nigeria?

The Nigerian lottery and gaming industry has seen a lot of growth and expansion in recent years. This is mostly driven by the growing popularity of the sports betting segment fuelled by the huge followership of premiership football and other similar sporting activities. The number of participants in this industry has been on a steady increase and this corresponds with increased level of transactions. It is expected that the industry will continue to grow due to its popularity and acceptance by the Nigerian sports enthusiasts. The industry has attracted renewed attention from the Federal Inland Revenue Service (FIRS) whose mandate is to collect taxes from all taxable economic activities. With a revenue target of N8trillion for 2019, the FIRS has been quite bullish in its tax collection efforts to ensure it meets this target. The FIRS recently announced its intention to enforce the collection of Value Added Tax (VAT) on lottery and gaming activities. The plan is to automate the process of VAT collection directly from the operators of lottery and gaming machines. This was disclosed at the stakeholder’s meeting recently organised by the FIRS in conjunction with the National Lottery Regulatory Commission (NLRC). Many stakeholders are concerned about this development as the charge of VAT on stakes (bets) may discourage bettors (people who place bets) from using their services and encourage the use of informal and foreign operators, which will lead to loss of revenue. Understanding the lottery and gaming industry in Nigeria The gaming industry in Nigeria comprises of several segments such as; sports betting (which has both online and offline versions), casinos, pool betting, gaming machines, scratch cards and interactive games, promotional competitions run by companies like banks and telecommunication companies, public and private lotteries. The industry is governed by the National Lottery Act 2005 (NLA) and The National Lottery Regulation 2007 (NLR) at the federal level and Lagos State Lotteries Law 2008 (LLL) in Lagos state. Within the Nigerian regulatory framework, the word ‘gaming’ is one that is associated with many judiciary and statutory definitions and perceived to be subsumed under the word “Lottery”. Based on Section 57 of the NLA, lottery includes any game, scheme, arrangement, system, plan, promotional competition or device for the distribution of prizes by lot or chance, or as a result of the exercise of skill and chance or based on the outcome of sporting events, or any other game, scheme, arrangement, system, plan, competition or device, which the President may by notice in the Gazette declare to be lottery and which shall be operated according to a license. Similarly, Section 48 of the Lagos State Lotteries Law 2008 (LLL), defines lottery to include any game, scheme, arrangement, system, plan, or device for distributing by lot or chance and any game, scheme, arrangement, system, plan or device, which the Commissioner may by notice in the Gazette declare to be a lottery. Are lottery and gaming activities VATAble? VAT is administered under the VAT Act Cap V1, Laws of the Federation of Nigeria, 2007 (VATA or the Act). Based on VATA, VAT is chargeable on all goods and services except those specifically exempted under the Act. It is common knowledge that lottery and gaming activities cannot be classified as a good and the word “service” is not defined under the VATA and the Interpretation Act. This notwithstanding, we can obtain guidance from the Blacklaw’s dictionary which defines service as the act of doing something useful for a person or company for a fee. It is also defined as โ€“ work performed for pay or paid work by another person, either by contract or as an employee. In these definitions, the word service alludes to doing something for a consideration. So does this apply to lottery and gaming activities?   Source; Mondaq

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Shell Advises Nigeria to Heavily Tax Petrol, Diesel Generators

All On, which is a seeded company of Shell, has advised Nigeria to initiate and implement a graduated and weighty tax system on the production, assemblage and importation of power generating sets that use diesel and petrol. This, it stated would buoy growth of off-grid renewable energy power sources in the country. All On also asked the country to set a timeline of three years to kick out generators in the country and transit from using such fossil fuel generating sets to clean energy sources such as solar. In a new report titled: โ€˜Strategic Fiscal Incentives to Unlock the Off-Grid Clean Energy Sector in Nigeria: Opportunities and Recommendations,โ€™ the firm argued that raising duties on petrol and diesel generators would enable the growth of clean energy sources mostly in off-grid communities. All On, however, stated that industries located in off-grid communities could be exempted from the proposed regulation provided they are able to satisfy certain conditions which could include taking into account of the location of the industry in comparison to available grid power or the viability of renewable energy in the particular context. The report, it explained was to stimulate the growth of the clean off-grid energy sector by designing strategic incentives to promote the sector. It noted that it identified existing regulations in the sector as well as made recommendations on how they could become significantly improved on to guarantee the growth of the sector. It added: โ€œTo discourage the importation, production and assembly of diesel/petrol generators and encourage the use of clean energy and energy efficient off-grid equipment, we recommend that the import duty levied on wholly petrol and diesel generators be increased by an additional 2.5 per cent every two years from the start date of the regulation imposing the additional levy.โ€ It further said: โ€œWe propose that the regulation provides for a transition period of three years to facilitate the switch from diesel/petrol generators to clean energy sources for off-grid electricity generation. โ€œThe importation of generators may also be discouraged by the introduction of additional levies in the form of Import Adjustment Tax (IAT). Currently, IAT ranging from 15 per cent to 35 per cent is applicable to varying categories of generating sets. However, we propose that the IAT rate be increased to 50 per cent.โ€ โ€œIndustries using this equipment can however be exempted from these duties and taxes where certain conditions are met. The conditions can take account of the location of the industry in comparison to available grid power/gas or the viability of renewable energy in the particular context,โ€ it added while stating that the proposed increase in import duties on generators will not apply to generate sets powered by clean energy sources such as gas, solar, wind and hybrid generating sets. All On also explained that it wanted Nigeria to introduce Value Added Tax (VAT) exemptions on qualified goods and services deployed for generating off-grid energy.   Source: Brandspurng

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Accountancy: CBN Should Reduce Interest Rate

A former president of the Institute of Chartered Accountants of Nigeria (ICAN), Otunba Abdul Lateef Owoyemi, has called on the Central Bank of Nigeria (CBN) to devise strategies to reduce interest rate in the country, adding that the cost of accessing facilities in the country was too high. Speaking on second term given to Mr Godwin Emefiele as CBN governor, the accountancy guru said that the interest rate in the country is too high to allow people to engage in productive activities. Speaking in an interview with at the weekend, Owoyemi, who is also the chief executive officer of LOP Consultants, said that only those who want to engage in short-term and speculative business can afford to take facilities at the prevailing rate in the country. According to him, โ€œIn countries where productivity is taken seriously, the interest rate is one or two percent and this allows small business owners and others who want to engage in productive ventures to do so. In Nigeria, the interest rate is so high that only a few productive activities can take place. What do we want to do with the money? We should be interested in what money can do for the economy in the interest of Nigerians,โ€ he said. Owoyemi argued that if the interest rate were brought down, manufacturers and others would be able to borrow money for productive ventures, adding that the country would be a better place for it.   Source:ย  Independent

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CAC extends registration window for small businesses by 90 days

Corporate Affairs Commission (CAC) announced this in a statement by available to newsmen in Abuja on Sunday. According to the statement, the decision is to assist Micro, Small and Medium Enterprises (MSMEs) to formalize their businesses which will enable them own corporate account with Banks, have access to loans, grants, and other government interventions. To this end, management of CAC enjoined members of the public to take advantage of the extended window to register their businesses. โ€œFollowing the directive of the Vice President, HE Prof. Yemi Osinbajo, SAN, GCON the Corporate Affairs Commission (CAC) wishes to inform the general public that the 50% reduction in registration fee for Business Names window has been further extended for 90 days effective 13th May, to 13th August, 2019. โ€œThe extension is to assist Micro, Small and Medium Enterprises (MSMEs) to formalize their businesses which will enable them own corporate account with Banks, have access to loans, grants and other government interventions. โ€œMembers of the public are enjoined to take advantage of this extension to register their Business Names at the reduced cost of N5000โ€ reads the statement.   Source: Independent

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