Tobi Aminu

Nigeria Must Increase VAT And Excise Taxes, IMF Insists

Nigeria must embark on a comprehensive tax reform to โ€œsustainably increase its non-oil revenueโ€ considered to be among the lowest in ratios to GDP in the world, the International Monetary Fund (IMF) has said. The nation has important development needs โ€œbig timeโ€ and with its non-oil revenue to GDP at around 3.4 and total tax revenue to GDP around eight per cent, Nigeria will not be able to effect such developments without tax reforms, noted IMF Assistant Director, Fiscal Affairs Department, Cathy Pattillo. During a press briefing on fiscal monitor at the ongoing Spring Meetings of the Brenton Woods institutions in Washington on Wednesday, Pattillo added that there is an emphasis also on improving excise taxes. Noting that Nigeria has taken some steps in the direction of improving the excise taxes, Pattillo said that excise tax coverage should be expanded to cover โ€œother goods and also higher rates on excisesโ€ as well as embark on โ€œaggressive streamlining of tax incentives and exemptions.โ€ This is as the Managing Director of IMF, Christine Lagarde, said that low income countries will have to spend $500bn in 2030 to deliver on five out of the 17 Sustainable Development Goals (SDGs) and the figure will be $2trn if emerging economies are included. The low income countries, however, she said โ€œleave on the table over $200bn of tax that they should legitimately collectโ€ due to practices they should have avoided โ€œif they actually want to invest in hospitals, schools and roads.โ€ โ€œIt means it will not be a domestic efforts but one that will require partnership and involvement of donor countries and all of us working together,โ€ Lagarde said. Senator Olanrewaju Tejuoso, however, told National Wire on the sidelines of the Spring Meetings that Nigerians do not need any further burden more than they already have and that Nigerians have to โ€œlocalize our problems,โ€ insisting that Nigerians fix the infrastructure themselves. โ€œWe donโ€™t need to increase the tax burden of the people as we are struggling to give them the infrastructure they need. People fix the infrastructure by themselves and you say you should tax them again. They are the ones who own their countries, let them keep on talking,โ€ said the Ogun Central Senatorial District Senator, referring to the IMF/World Bank panelists.   Source: National wire

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FIRS takes tax education to Enugu International Trade Fair

The Federal Inland Revenue Service (FIRS) has taken its tax drive and enlightenment services to the 30th Enugu International Trade Fair, our correspondent reports. An Assistant Director of FIRS. Mrs Beatrice Obi told our correspondent that they were taking advantage of the event to sensitize participants on the need to discharge their civic duties. Obi said that the platform was a veritable avenue to interface with private and corporate organizations and enterprises. She said that they also offered advice on the modalities for the registration of companies, adding that those finding it difficult to register their companies would receive useful information. The assistant director, Federal Engagement and Enlightenment Tax Team, said that though the FIRS also had the mandate to enforce tax payment, โ€œwe are not here for enforcementโ€. Obi said it was sad that the turnout of people for tax education had not been encouraging due to the limited number of exhibitors at the fair.   Source: News verge

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Senate Set To Override Buhari on Constitution Alteration, Income Tax Relief Bills

The Senate, Wednesday resolved to override President Muhammadu Buhariโ€™s veto on the constitution of the Federal Republic of Nigeria, 1999 (fourth Alteration, No.28) Bill, 2018 and Industrial Development (Income Tax Relief) Amendment Bill, 2018 respectively. This development followed the recommendations by Senate Technical Committee on Declined Assents to Bills By Mr. President and Commander-in-Chief of the Armed Forces of the Federation chaired by Senator David Umaru. The, bill, however, seeks to provide for the first time within which the President or Governor shall lay the appropriation bill before the National Assembly or House of Assembly, to encourage early presentation and passage of Appropriation Bills. It would be recalled that Buhari declined assent to the bill, saying section 2(b) and section 3(b) of this bill appear not to take full cognisance of the provisions of section 58(4) of the 1999 constitution. But the hallowed chamber took exemptions to Buhariโ€™s ground for declining his assent wherein he cited section 58(4) of the 1999 constitution. The committee said, โ€œFor clarity, section 58(4) deals with mode of exercising federal legislative powers: general, particularly, the number of days to assent or decline assent to a bill. โ€œIt provides โ€“ โ€œWherein a bill is presented to the President for assent, he shall within thirty days thereof signify that he assents or that he withholds assentโ€. The 7-man committee, therefore, explained that the bill in essence seeks to make it mandatory for Mr. President and Governor of a state to cause to be prepared and laid before parliament, estimates of the revenues and expenditure of the federation for the next following year. The bill, according to the Senate committee, would also make the parliament to pass the appropriation bill before the commencement of the next financial year. The committee added, โ€œThe legislative intent behind this bill is to ensure that we run a normal financial yearโ€. For the Income Tax Relief amendment bill, it seeks to allow companies that expand their operations in pioneer industry or product to apply for a new pioneer status. But Buhari declined assent to the bill on the following grounds: โ€œThat there are ongoing consultation by the Federal Ministry of Industry, Trade and Investment with other Ministries, Departments and Agencies (MDAs) on the tax holidays incentive regime for expansion projects, Investments in rural areas, as well as for Agriculture/Agro-processing to be concluded and pave way for presidential orders, or executive Billโ€™s for consideration and passage by the National Assembly. โ€œThat the consultations would result in fiscal measures that would greatly enrich the quality of the tax holidays incentive regime for these types of projects and investments. โ€œThat at the end, thaes fiscal measures when finalized, would be subsequently submitted to the National Assembly by way of presidential Executive orders, or executive Billโ€™s for consideration and passage into law by the federal legislature, in due courseโ€. However, the Senate committee in reaction said, โ€ Mr. President, Distinguished colleagues, we wish to state here that the committee finds Mr. Presidentโ€™s observation on this bill rather simplistic. โ€œCertainly, Mr. Presidentโ€™s overall intention to come up with legislative proposal that would stand the test of time, is commendable. โ€œHowever, law-making cannot unjustly suffer in anticipation of a proposed legislation. โ€œAbove all, nothing stops Mr. President or anybody for that matter from proposing an amendment to an existing law or even a repeal of an existing law. โ€œThere is nowhere in the world where the President can propose to stop the law-making process by an executive fiat or order. โ€œThe President cannot withhold assent to a bill on the mere fact that consultations are on-going, which will enable him come up with a new billโ€.   Source; Dailypost

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Tax: Senate wants FG to increase tax on luxury goods

The Senate has asked the Federal Government to consider increasing taxes on luxury goods and services to boost revenues. The Senate Committee on Finance made the recommendation on Tuesday during a plenary session. The committee also urged relevant agencies to continue exploring ways of generating additional revenues to reduce the governmentโ€™s fiscal deficit. It said, โ€œThe Federal Government should harness the full optimal potential of the Federal Ministry of Mines and Steel Development in terms of revenue generation to minimize the level of borrowing. โ€œThe Federal Government should consider reducing the granting waivers and exemptions while ensuring that the Nigerian Customs Service personnel are at all oil terminals for accountability and the Federal Inland Revenue Service should consider increasing tax on luxury goods and services.โ€ The committee said the 20 per cent operating surplus to be remitted by government-owned enterprises should be deducted at source. The Federal Government has been trying to raise revenues in the face of lower oil prices after the country recovered from a recession that slashed public finances, weakened its currency and cut spending on capital projects. The country, which has one of the lowest tax rates on the African continent, relies on crude oil sales for much of government revenues. In the past, the government had mulled the idea of raising taxes on luxury goods to 15 per cent from the current rate of five per cent, to boost its tax to GDP ratio to 15 per cent from six per cent between 2017 and 2020.   Source: Punch

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CAC, FACT CHECK: Did trade ministry allocate N42bn to a private company?

Sabo Mohammed, chairman of senate committee on trade and investment, raised the alarm recently that N42 billion was allocated to a private firm, the Nigeria Special Economic Zone Company (NSEZCO), by the ministry of industry, trade and investment.ย  BACKGROUND: The ministry had proposed N15.63 billion as its budget for 2019. At the defence, Okechukwu Enelamah, the minister, was confronted by Mohammed who said the Nigeria Special Economic Zone Company included in the budget was not part of the 17 agencies under the ministry. He also said a document obtained by the committee from the Corporate Affairs Commission (CAC) showed the company is named Nigeria SEZ Investment Company Limited โ€” not Nigeria Special Economic Zone Company as declared by Enelamah. His clincher, as it were, was: โ€œOwnership of the company as clearly stated in the document obtained from CAC on the 26th of last month designated as directors are Dr Bakari Wadinga, Mr Olufemi Edun and Ms Oluwadara Owoyemi. Documents show that it is a private company. Liability of the members are limited by share, which gives federal government 25 per cent and 75 per cent to private individuals.โ€ CORRECT: TheCable confirmed that, indeed, Bakari Wadinga, Olufemi Edun and Oluwadara Owoyemi were nominated directors on NSEZCO. It is also true that the federal government of Nigeria (FGN) owns only 25 per cent of the company, while 75 per cent is held by A&O Secretarial Services Limited on behalf of a number of development finance institutions. INCORRECT: TheCable can report that NSEZCO is a private company, legally speaking. However, it is not a privately-owned company in the sense that the senator made it look. By Nigerian laws, a company must have up to 50 shareholders before it can be classified as a public liability company. In that sense, NSEZCO is a โ€œprivate companyโ€ like the Nigeria Liquefied Natural Gas (NLNG) Ltd and all other companies where government is a shareholder. According to documents seen by TheCable, NSEZCO was incorporated in June 2018 as a โ€œlimited liability companyโ€ โ€” the vehicle used under Nigerian laws for public private partnerships. NSEZCO is a product of Project MINE (Made in Nigeria for Export), a presidential initiative to develop world-class special economic zones across the country โ€œto boost the manufacturing of Made in Nigeria goods for exportโ€. Nigeriaโ€™s 25 per cent stake will be held on her behalf by the Ministry of Finance Incorporated (MOFI), the investment arm of the federal ministry of finance, while the rest is owned by A&O Secretarial Services Limited, as a nominee on behalf of a group of development finance institutions, also called the strategic investment partners of NSEZCO. The partners as listed by the ministry of industry, trade and investment are: African Export-Import Bank (Afreximbank), Bank of Industry Limited (BOI), Nigeria Sovereign Investment Authority (NSIA), Africa Finance Corporation (AFC) and African Development Bank (AfDB). All these are development finance institutions. The same investment model was adopted by the country for the NLNG Ltd, a limited liability company owned 49 per cent by FGN, with Shell Gas B.V. (25.6 per cent), Total LNG Nigeria Ltd (15 per cent) and Eni International (10.4 per cent) being the private investors. The Nigerian National Petroleum Corporation (NNPC) holds FGNโ€™s shares. In the case of the African Finance Corporation founded in 2007 to finance infrastructure in Africa, the bulk of the shareholders are African financial institutions which own 47.6 per cent. Nigeria has 42.5 per cent stake in the multilateral development finance institution via the Central Bank of Nigeria (CBN).   Source:ย  The cable

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Lottery, betting operators kick as FIRS automate VAT collection

The Federal Inland Revenue Service on Monday announced plans to automate collection of Value Added Tax from operators in the nationโ€™s lottery and gaming industry. The Chairman, FIRS, Mr Babatunde Fowler, disclosed this in Lagos at a stakeholdersโ€™ meeting organised in conjunction with the National Lottery Regulatory Commission with lottery and gaming operators. He said in his welcome address that the automation would enable lottery players and bettors to pay VAT on each transaction made. โ€œWhat we are trying to introduce today is aimed at improving the transparency, accountability and convenience in the payment of any taxes. We are automating tax collection in across various industries in the country,โ€ he added The Director-General, NLRC, Mr Lanre Gbajabiamila, said the importance of strict adherence to tax laws could not be over-emphasised in view of Nigeriaโ€™s present economic challenges. โ€œIn the gaming industry, products and services are generally offered through agents who are commonly in direct contact with the players. The consumption of the products and services are taxable under the law,โ€ he said. Industry operators, however, voiced concerns over the VAT on lottery and gaming services, saying it would hurt their businesses. The founder of NairaBET, Mr Akin Alabi, who spoke on behalf of lottery and gaming operators, faulted the mode of charging the VAT, saying it would drive customers away from operatorsโ€™ platforms. He said, โ€œThere must be another mode of collecting VAT rather than from the top level, which is on every stake. Telling operators to pay from the stakes is almost impossible because what it means is that customers will leave our platforms. So, they will start looking for companies that are not regulated where they can place their bets; they will look for foreign companies. So, it is going to ruin our business. โ€œPresently, I have little to lose. I am in the process of divesting all my interests in NairaBET because I just won election to the House of Representatives. But I donโ€™t want to leave the industry in a mess; that is why I am passionate about it.โ€ Alabi stated that the FIRS should have consulted operators before taking the decision to impose VAT and automate its collection. Responding, the FIRS boss, said, โ€œTax has to do with law and the law says that for every transaction that is VATable, five per cent should be charged. You have to be aware that we are automating collection in all industries. This is not a tax on the business, but on the bettors. โ€œIf you carry out foreign bets and you go through your banks to make the payment, you will also be charged VAT.โ€ Fowler, while fielding questions from journalists on the sidelines of the event, said, โ€œIf somebody comes to bet N100, it becomes N105. I can assure you that it will not make them change their minds.โ€   Source: Punch

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ICAN urges FIRS to upgrade electronic tax filing system

The Institute of Chartered Accountants of Nigeria has called on the Federal Government to address some of the gaps identified in the implementation of the ease of doing business reforms. Specifically, it called on the Federal Inland Revenue Service to address the challenges being experienced in its technology infrastructure to make it easier for taxpayers to process tax clearance certificate. The Chairman of ICAN Abuja Chapter, Mr Oluwafunminiyin Akande, said these in Abuja at a seminar on ease of doing business.. He said while the service had made some progress over the years in simplifying the process of tax payment, there are some identified gaps that had yet to be addressed. He said that the electronic filing system of the service needed to be worked on to cushion the impact of system failure which it had recorded within the last few weeks. Akande said that between January and the end of February, the FIRS e-filing and electronic delivery platforms were completely shut down. The development, according to him, made it difficult for tax practitioners to conduct tax related businesses with the service. He said, โ€œGovernment has been saying so many things about making the environment to be friendly but we the practitioners know that we havenโ€™t got there yet. โ€œThe policymakers and practitioners must meet regularly to discuss the areas that are not working yet. If we donโ€™t give them the feedback, they wonโ€™t know how to improve. That is the reason why we are organising this programme. โ€œWe have identified so many gaps. For instance, the FIRS has been talking about e-filing, electronic delivery and others but you discovered that it hasnโ€™t been fully achieved. โ€œFrom January till the end of February, their network was completely shut down. This means that as tax practitioners, you cannot process tax clearance and e-filing for your clients. โ€œMeanwhile, there are penalties attached to some of these things. Apart from what it costs you, there is need to be going there every day because you donโ€™t know the time the network will be working. โ€œHow can you shut down your system for two months? Can such thing happen in a bank? So, until we start thinking in that way, the government agencies will not improve. โ€œSo if we donโ€™t tell them, they wonโ€™t know how we feel. That is one of the gaps.โ€ He also said the time it takes the FIRS to process Tax Identification Number and Tax Clearance Certificate needed to be reduced as it was currently taking the service longer than even the approved period to process them. He said, โ€œThey will also tell you that tax clearance certificate can be obtained within 14 days but it doesnโ€™t work. You will get there to collect Tax Identification Number which ordinarily should be given to you on the spot but they will tell you to come back, and when you return, they will tell you network is not working.โ€   Source: Punch

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The Deadline For Filing Annual Returns Of Income And Claims Is 31 March 2019

Summary Section 41 of the Personal Income Tax (PIT) Act mandates all persons who are taxable under the PIT Act to file a return of income and claims for every tax year with the tax authority of the state in which the taxable person is deemed to be resident. This return is expected to be filed within 90 days from the commencement of every year of tax assessment (i.e, January). Thus, the deadline for filing this return for 2018 year of assessment is 31 March 2019. Details Some of the key provisions of the PIT Act with respect to filing of annual returns of income and claim under Section 41 are as follows: Taxpayers who earn more than โ‚ฆ30,000 in a year are required to file their annual return of income and claims by 31 March without any form of notice or demand by the tax authority; A taxpayer is required to file, along with the return, a true and correct statement of the amount of income from every source (i.e. earned and unearned income) computed in accordance with the provisions of the PIT Act and the associated regulations; The form of return is expected to contain a declaration which is to be made by or on behalf of the taxpayer that the particulars given in the return are true and complete; The state tax authority is empowered to institute proceedings or impose penalties of an amount equal to the income tax chargeable on persons who fail to comply with the requirements of a notice given by the relevant tax authority under the provisions of Section 41 of the PIT Act. It is important to note that the requirement for employers to file returns of emoluments paid to their employees under Section 81 is different from the requirements under Section 41. Hence, taxpayers who have not complied with the provisions of Section 41 by themselves or through their employers should do so before the expiration of the deadline. Implications As the government at all levels continues the drive for increased revenue from taxes, it is incumbent on all taxpayers to comply with the provisions of the tax laws in order to avoid undue exposures to non-compliance penalties. It is important for taxpayers to note that in addition to a penalty of an amount equal to their income tax chargeable, taxpayers may also experience difficulties in claiming reliefs and allowances in the event of failure to file returns under Section 41 of the PIT Act. Thus, taxable persons who earn โ‚ฆ30,000 or more in a year should engage their tax consultants and file the required returns on or before 31 March 2019.   Source: Mondaq

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Accounting: Wole Oluyemi is the Entrepreneur & Business Leader Providing Support for SMEs

Itโ€™s a consensus among many people that for you to be a business coach, you at least shouldย  have experience running a business, so you understand the challenges of doing business and not just provide advice based on theories. He is a co-founder and a director at Roedl & Partner (West Africa), โ€œa provider of Audit, Tax, BPO, Legal, Advisory and Accounting services to ambitious organizations.โ€ He also runs Agriko, โ€œa supplier of fruits, vegetables, grains and beverages to the retail, industrial, and foodservice markets.โ€ As entrepreneurship and business leadership could be a very challenging process, there is always a need to have access to quality business advisory, mentorship and coaching in order to make a success from the entrepreneurial journey. Unfortunately, the costs of such premium services are out of the reach of most small business owners in Nigeria and even in the entire African continent. Hence, there is a need for experienced entrepreneurs and business leaders with diversified experiences to provide mentorship and coaching to small business owners. Wole Oluyemi is one of such individuals who recognised this need and developed different platforms to provide support for SMEs and entrepreneurship drive. Wole describes himself a marketplace evangelist, chartered accountant, business coach and public speaker on business management and leadership, finance, market entry strategy, business growth strategy and corporate political strategy. He has about two decadesโ€™ experience from Arthur Andersen, KPMG and Chevron where he had diversified experience spanning across Nigeria, Ghana, Cameroon, South Africa, Congo, Angola and the USA. He is gradually becoming a sought after thought leader by forward-looking professionals, business leaders and entrepreneurs, especially due to his growing presence across the various social media platforms. ย Woleโ€™s 64k followers strong Instagram page provides business support for SMEs. In 2009, Wole was nominated in The Future Awards Africa (TFAA) Prize for Professional of the Year.ย  Wole is a Fellow of the Institute of Chartered Accountants of Nigeria (ICAN) and the Chartered Institute of Taxation of Nigeria (CITN). He is an alumnus of the Obafemi Awolowo University and the Lagos Business School. He is a doctoral researcher (DBA) at Cranfield University (UK) focusing on corporate political strategy. Wole is working tirelessly to build the capability and visibility of ambitious and forward-looking small and medium-sized African businesses and weโ€™re rooting for him.   Source: Bellanaija

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Pay your tax willingly- bmo tasks Nigerian elite

An appeal has gone to the Nigerian elite, especially high-net worth individuals, to be more patriotic and desist from shirking in tax payment, under whatever guise. Making this appeal the Buhari Media Organization (BMO) said it is not proper for these โ€œeminentโ€ Nigerians to wait for the tax authorities to coerce them to perform their civic responsibilities. In a statement signed by its Chairman Niyi Akinsiju and Secretary Cassidy Madueke, BMO said that the elite need to pay their taxes willingly and voluntarily rather than having to be coerced. โ€œWe have a situation where people who are some of the greatest beneficiaries of government, regardless of party affiliation, are reluctant to pay taxes and levies on assets they have locally and in other jurisdictions. โ€œThis has led the President Muhammadu Buhari-led administration to twice approve amnesty and immunity for defaulters who are willing to voluntarily declare those assets within a time frame, after which they would be liable to criminal prosecution and other punitive measures. โ€œThe first was at the onset of the Voluntary Assets and Income Declaration Scheme (VAIDS) of which a sizeable number of wealthy Nigerians took full advantage of the amnesty window and for which the authorities realized N30billion. โ€œIt also led to a five million increase in the number of tax payers in the countryโ€™s tax database which stood at twelve million before the introduction of VAIDS. โ€œAnd now, the government has made a similar offer to Nigerians with undeclared offshore assets under its Voluntary Offshore Assets Regularization Scheme (VOARS). It is almost certain that high net-worth individuals would take advantage of the immunity package to shield themselves from tax penalties on such assets,โ€ it said. In all these, BMO noted that the Buhari administration deserves commendation for coming up with creative initiatives to raise Nigeriaโ€™s woeful tax-to-GDP ratio to a level that is comparable to that of other countries. This, the group said, is because it is the first administration in recent years to consider appropriate measures to improve on the countryโ€™s tax receipts. โ€œIt is no longer news that Nigeriaโ€™s abysmal tax-to-GDP ratio, which stands at 6%, is one of the worst not only in Africa but also in the rest of the world in spite of the lifestyle choices that Nigerians are known for. Even Ghana that many are quick to compare to the country has a 16% tax-to-GDP ratio. โ€œAnd like President Buhari once said, it is not a thing of pride that a country with people who are so competitive and driven, would be one of the lowest performers in tax receipts especially among the elite. โ€œIs it not laughable that official records show that only about 214 Nigerians pay more than N20m in tax every year with all of them based in Lagos? How about a situation where fewer than 1,000 people pay N10m or more in tax annually? Yet this is a country with a demand for high end products and was in fact ranked as the biggest market for one of the worldโ€™s most expensive champagne!โ€BMO said. The group also cautioned opposition elements against concocting and pushing false and inaccurate narrative on the Buhari administrationโ€™s move to ensure that high net-worth individuals regularize their offshore assets and pay the necessary taxes. โ€œWe at BMO are surprised that leaders of the Peoples Democratic Party (PDP) said they are seeking more time to study the governmentโ€™s amnesty package for Nigerians with offshore assets. This is a bit shocking considering that the partyโ€™s spokesman is used to attacking policies of the Buhari administration without fully comprehending them. โ€œWe however know that a party that is pushing for a return to the status quo ante would find a way to attack the Voluntary Offshore Assets Regularization Scheme without a thought for the benefits that would accrue to the Nigerian stateโ€. BMO further urged wealthy Nigerians with assets abroad to key into the initiative and not view it as a punitive action targeted at the elite.   Source: bizwatchnigeria

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