Tobi Aminu

โ€˜Why Nigeria must reduce tax uncertainties, retain high returnsโ€™

For Nigeria to attract more foreign investments, government must minimise tax uncertainties, by ensuring that it plans tax reforms such that the content and timing is clearly communicated to tax payers, while maintaining the high investment returns. This would enable the country to be continually identified by business leaders as an investment destination and the future hub for West Africa. Indeed, Nigeria was a leading destination for Africa-bound investments and enjoyed significant growth, but uncertainty around the tax and other variables, have caused many potential investors to adopt a conservative approach to investments. The Partner and Head, Transfer Pricing Sevices of Andersen Tax, Dr. Josh Bamfo, while speaking at the Transfer Pricing Thought Leadership Publication, in Lagos, said Nigeria has consistently been ranked first in sub-Saharan Africa in terms of opportunity and higher returns, but rated the worst in terms of perceived risks and uncertainties. Transfer price is the price at which divisions of a company transact with each other, such as the trade of supplies or labor between departments. Transfer prices are used when individual entities of a larger multi-entity firm are treated and measured as separately run entities. A transfer price can also be known as a transfer cost. According to Bamfo, tax uncertainties, which are typically institutional flaws in process, as well as unclear rules, like in Nigeria, would continue to impact negatively on the countryโ€™s investment, trade and compliance level. โ€œFDI goes to environment where there is high returns and certainty. Everybody knows that in this part of the world, there are high returns, but the challenge is the perceived risk. As long as we can bring our risk down, with those higher expected returns, there is going to be more FDI. โ€œClarity in terms of transfer pricing regulations is very important to a taxpayer โ€“ a tax payer wants to minimise cost, while tax administrator wants to maximise revenue. If there is no clarity, there will be uncertainty, which is the risk, and foreign investors would not come in a jurisdiction where there is uncertainty of regulations. โ€œMultinationals who want to come into this sub-region would put into considerations the level of certainty and clarity of tax because this would help them to plan compliance. As long as there is clarity in terms of transfer pricing regulations and our tax administration is fair, there will be inflow of more FDI in Nigeria. โ€œThis is because we happened to be the last jurisdiction or region that investors need to take advantage of in terms of opportunities. All the neighbouring countries have been explored,โ€ he said. The Chairman of AndersenTax, Seyi Bickersteth, said if government fails to structure its tax obligations in a manner that depicts clarity and certainty, the country would suffer erosion of tax revenue because investors would move funds to a more favorable jurisdiction. โ€œIt means that the countries would loose their revenue because it forces the multinational companies to look at their own policies to be able to benefit,โ€ he said.   Source: Guardian

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CAC Reveals Number Of Registered Companies In Nigeria

The number of registered companies in Nigeria is 3,098,193, the agency in charge of registration of firms in the country, Corporate Affairs Commission (CAC), said Tuesday. According to the commission, these companies were registered in Part A, B and C categories from the inception of the CAC in 1990 to March 21, 2019. CAC was established by the Company and Allied Matters Act promulgated in 1990 to regulate the formation and management of companies in Nigeria. Speaking at the CAC customers forum in Abuja, acting registrar of the commission, Azinge Azuka, said in the last three years, the statistics on registration of firms and companies under Parts Limited Liability Company (A), Business Name (B) and Incorporated Trustee (C) was 618,309. She explained that in 2016, the commission got the sum of 175,098 from the LLC (A), 193,194 from Business name (B) in 2017 and 252,035 from Incorporated Trustee (C) in 2018. Azuka said the number of Annual Returns filed under the Parts A,B and C in the last three years was 190,078. โ€œIn that regard, work is at advanced stage to amend it enabling law, the Companies and Allied Matters Act (CAMA) in collaboration with the National Assembly,โ€ she said. โ€œThis seeks to ease starting and growing businesses in Nigeria , ensure more appropriate regulation for MSMEs. โ€œEnhance transparency and shareholders engagement align regulate framework with International best practices and make Nigeria an investment destination of choice.โ€   Source: Concisenews

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National Assembly Passes New Housing Law, To Impose Over 200% Of Personal Income Tax On Low Income Earners

The National Assembly has passed a new law, the National Housing Fund (Establishment) Act 2018. The key provisions of the Bill include the following: Mandatory 2.5 percent contribution of monthly income by employees earning minimum wage and above in public and private sectors to be deducted and remitted monthly by all employers ย ย ย  2.5 percent of income by self-employed individuals ย ย ย  2.5 percent levy on cement, locally produced or imported ย ย ย  Banks, insurance companies and pension fund administrators shall invest a minimum of 10 percent of their profits before tax into the Fund at an interest rate not exceeding 1 percent above rate payable on current accounts by banks ย ย ย  Penalty for non-compliance of up to N100 million for corporates and N10m for individuals ย ย ย  Sanctions include cancellation of operating licenses of banks, insurance companies and PFAs for violations ย ย ย  Withdrawal by contributors who have attained the age of 60 years or 35 years of service to be at interest rate of 2% per annum ย ย ย  The Fund and any refund of contributions are exempted from payment of taxes 10 reasons why the proposed law is a bad idea: ย ย ย  The contribution is regressive as it taxes the poor more than the rich. ย ย ย  Making all employers liable to deduct and remit the contributions monthly (without a threshold) will worsen the ease of doing business and Nigeria’s paying taxes ranking ย ย ย  Introducing earmark taxes and increasing the tax burden of contributors without addressing other fundamental issues like land registration and legal framework for real estate investment trusts is inconsistent with the 2017 National Tax Policy ย ย ย  Imposition of the 2.5% levy on cement is a tax on property development which will make housing even less affordable. It is counter-intuitive to impose a tax on cement in order to make housing development more affordable. ย ย ย  The penalty regime is draconian, excessive and disproportionate to the violations under the law ย ย ย  The exemption from tax clause is badly worded, it means refunds are exempt but contributions are taxable. ย ย ย  Negative impact on the capital market โ€“ because banks, insurance companies will have to set aside 10 percent of the profits for NHF investment, the returns available to shareholders will be less hence reducing the attractiveness and value of their shares ย ย ย  Cost of other funds โ€“ Since funds will be forcefully diverted from other uses, it means less liquidity and hence higher cost of borrowing ย ย ย  GDP impact โ€“ the opportunity cost of the funds going to NHF is that investment will be negatively impacted as well as consumption thereby impacting negatively on GDP growth especially in the likely event that the growth from NHF investment in housing is insufficient to offset the decline in other sector. ย ย ย  Pensioners will be worse off as the return of 2% per annum on their contributions to be withdrawn after attaining 60 years of age or 35 years of service means their investment will be completely eroded.   Source: Mondaq

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Taxation: We need to enhance and expand govtโ€™s revenue base โ€”Buhari

President Muhammadu Buhari has said that the Federal Government will continue to sensitize and encourage Nigerians to cultivate the culture of paying taxes by ensuring fair implementation of policies and effective utilisation of resources. Mr Femi Adesina, the Special Adviser to the President on Media and Publicity, said Buhari stated this when he received the leadership of the Chartered Institute of Taxation of Nigeria at the State House, Abuja on Tuesday. The president revealed that the National Tax Policy document had been reviewed with the aim of institutionalizing a tax payment culture within the Nigerian workforce. Buhari said the progress made in diversifying the economy, providing social security and securing the country could be further improved with enhanced and expanded revenue base. โ€œWe have made some progress in the past four years. However, a lot more can still be done. A key step is to enhance and expand Governmentโ€™s revenue base. โ€œToday, we still rely on oil as our main source of income. This simply is not enough to meet our infrastructure, social services and security needs,โ€™โ€™ he said. While describing Nigerians as hardworking and entrepreneurial, the President said a deeper understanding of the effectiveness of tax on the economy by the populace and fair administration would help in improving governmentโ€™s revenue shortfalls.   Source: Punch

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Sanitation council calls for tax reduction on sanitary pads

The Water Supply and Sanitation Collaborative Council on Tuesday called on the Federal Government to reduce tax paid on the importation of sanitary pads to promote menstrual health in the country. Dr Virginia Kamowa, the Technical Expert on Menstrual Hygiene Management, WSSCC made this call at the ongoing Training of Trainers Workshop on Menstrual Hygiene Management in Makurdi. According to her, poor access to sanitary materials, potable water and sanitation has been known to be a leading cause of loss of dignity for women and girls. She noted that countries such as Tanzania, Kenya, Canada, and South Africa had reduced such taxes, adding that in the UK, it was compulsory for menstruation education to be taught as a subject in all schools. She said that this had helped the countries to make policies which had promoted inclusion and better the lives of women and girls. โ€œA number of countries have started to develop programmes and integrate menstrual hygiene management in their policies including removing taxes for sanitary materials that women use when they are menstruating. โ€œRecently, the UN Council on Human Rights passed a resolution urging all countries to take decisive action to ensure that women and girls have universal access to information on menstrual products and facilities that are needed for improved menstrual hygiene. โ€œSo, it is important that Nigeria removes such barriers such as taxes, so that women and girls will live better and more productive lives.โ€™โ€™   Source: Punch

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PWC canvasses simpler tax process for enhanced compliance

PWC Nigeria has stressed the need for tax administrators to simplify tax payment process in Nigeria, to increase compliance level. The Head of Tax, PwC Nigeria, Taiwo Oyedele, while speaking at the firmโ€™s Tax Academy in Lagos, on Wednesday, said Nigeriaโ€™s tax revenue to GDP ratio ranked among one of the lowest in the world. Oyedele expressed worry over the enormous challenges taxpayers face in the process of paying taxes in Nigeria, underscoring the need for simpler process through the use of technology. He argued that the adoption of technology would fast-track the processes, and ultimately check tax evasion and avoidance in Nigeria.โ€œNigeria does not rank very well on the ease of paying taxes. So, Nigeriaโ€™s tax revenue to GDP ratio is one of the lowest in the world, yet it is one of the most difficult places to pay tax.ย  ย โ€œIt is a contradiction when you need tax money, but you make the process very difficult. If you simplify it by using technology, what that does is you are encouraging more people to pay. โ€œThere is something about compliance cost; it is something that does not benefit government and the taxpayer. It is actually the money the taxpayer pays that does not get to the government. So, both the taxpayer and the government have an objective to reduce that cost. That is something that technology does for you.โ€ He continued: โ€œEverything we do today is impacted by technology, which is making things better and faster and more cost-efficient and cost-effective. So, it is no longer acceptable for authorities to live in the past. Even though Nigeria is starting late, they say better late than never.โ€ย  ย โ€œSo the idea now is to make technology the platform, not an option, for tax compliance in terms of calculating your taxes, making your payments, and filing your returns. Even when you need your tax clearance certificate in the past, this used to be like rocket science. But with technology, one should be able to get that immediately. We know that these platforms are not perfect yet, so our role as PwC is to help many people to pay their taxes and also paying taxes ourselves,โ€ he added.   Source: Guardian

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VAT: Harmonise minimum wage for quick assent, TUC tells NASS

President of Trade Union Congress of Nigeria, Mr. Bobboi Kaigama, on Monday called for quick harmonisation of the N30,000 national minimum wage bill to enable President Muhammadu Buhari assent to it. Kaigama spoke to the News Agency of Nigeria in Lagos on the implementation of the new minimum wage. NAN reports that the leadership of the Nigeria Labour Congress had urged the President to sign and implement the new wage before the end of the 8th National Assembly. The TUC president said that the House of Representatives and the Senate needed to harmonise the agreed sum and pass it to the President for his assent. โ€The N30,000 figure is one, but the aspect of law might not be the same. There is the need to come together and harmonise, produce a clean copy and forward to Buhari to sign. โ€If that is not done as soon as possible, it will be difficult for the President to sign and implement the agreed national minimum wage. โ€The day Buhari signs the new minimum wage bill, it becomes a law effective from that day,โ€ he said. The labour chief said that implementation would be seamless since the Federal Government had said that it included its provision in the budget, but might take a while in some states that had not included it in their budget. He urged the private sector not to delay its implementation as soon as the bill is enacted into law. The TUC president advised the government to look into the issues of punishment for minimum wage defaulters and frequent review of the process. He also said that Value Added Tax should not be tied to the implementation of the new wage, particularly in the public sector. โ€VAT is paid by consumers; it is paid by the lower class, while the business conglomerates and corporate organisations donโ€™t pay appropriate tax. โ€It is unfair to tell workers who pays appropriate tax that you will tie VAT to minimum wage. The organised labour disagrees with the government,โ€ he said. Kaigama said that labour would resist any plan to fund the new minimum wage through increase in VAT.   Source: Punch

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How new reforms are impacting on tax revenue generation

Taxation globally is seen as a way of mobilising and supporting a nationโ€™s financial resources. In this vein many nations have been taking the initiative to ensure that the tax administration is efficiently operated. The Nigerian tax system is beset by myriad of challenges, such as non-availability of tax statistics, inability to prioritize tax effort, poor tax administration, multiplicity of taxes to mention a few. In the quest to make tax payment stress-free and convenient, and to improve the doing-business environment in Nigeria, the tax management agency has introduced some reform initiatives to reduce the time for filing and paying taxes by 50% and to improve transparency and efficiency in tax administration. Already, the new tax reform initiatives are beginning to bring significant benefits to the government. The new tax reforms by the Federal Government has impacted tax revenue profile of the government as a record N5.3 trillion tax revenue was generated in 2018 based on data released by the Federal Inland Revenue Services (FIRS) recently. The tax reforms majorly centred on ease of filing federal taxes, tax amnesty for voluntary asset declarers (VAIDS) and getting more people into the tax net. The data released by the FIRS Chairman, Mr. Babatunde Fowler, recently showed that the N5.320 trillion collection is the highest revenue ever generated by FIRS in history. The highest in FIRS was N5.07 trillion generated in 2012. FIRSโ€™ generation of N5.3 trillion is significant as it was at a period when oil prices averaged $70 per barrel. The oil price was at an average of $100 to $120 per barrel between 2010 and 2013. The non-oil component of the N5.320 trillion is N2.467 trillion (53.62 per cent), while oil element of the collection is N2.852 trillion (46.38 per cent). Mr. Fowler said: โ€œI believe that if we continue with the same pace, we can reach 20% of the tax mix comprising of revenue from SMEs by 2019. The government fully supports us. Some projects may take a year or more to develop, but citizensโ€™ belief in the tax system is uplifted even when they see work in progress. โ€œJust like some of the other oil-rich countries, we never imagined that taxation would be the main way to generate revenue. Now we appreciate the fact that oil is a resource with a price determined by more developed countries, and with that, we are disadvantaged. โ€œThere is a 2026 agenda for African countries to be able to fund their budgets internally without grants or aid. It is something we can do right now. Nigeria can show the rest of the world that it can transform within a short time and fund its own budget with taxation as a primary source of revenue.โ€ This reform initiatives, driven by the Presidential Enabling Business Environment Council (PEBEC), the Federal Inland Revenue Service (FIRS), the Kano State Inland Revenue Service (KIRS) and the Lagos State Inland Revenue Service (LIRS), include: stating the timeline to complete corporate income tax (CIT) audit on the website; registering companies on the E-filing platform and creating a simplified single schedule for each tax type on the platform, an FIRS report recently indicated. Thus with these reforms, the report said taxpayers now file and pay federal taxes online from the comfort of their offices or home; taxpayers now make electronic payment and filing of state taxes including PAYE, etc. and employers now remit statutory deductions on behalf of personnel online. In addition, corporate income tax (CIT) audits is now done within a 63-day timeline and there is access to e-platforms for all classes of tax payers. The report also indicated that the process is simple and seamless as all that the tax payer needs to do is visit the FIRS website, file all federal taxes online and to pay for Value Added Tax and Company Income Tax. Other benefits of these online tax payment platforms include; improved transparency and efficiency in tax collection and administration and improved tax revenue to even make tax payers experience better, the report said, adding that continuous improvement on the e-platform for better taxpayer experience is based on feedback received. For Lagos and Kano states, which represent the two hubs of business in the nation, tax payers can also visit the Lagos Inland Revenue Service (LIRS) and Kano Inland Revenue Service (KIRS) websites to make electronic payment of taxes including monthly PAYE. To enhance service delivery, electronic self-service help desks are available at all FIRS offices for payment of taxes. Dr. Jumoke Oduwole, Senior Special Assistant to the President on Industry, Trade and Investment said: โ€œWe are pleased with the results the reforms are achieving, and we hope that as we work to deepen these reforms they will further strengthen the system to truly drive economic growth.โ€   Source: Dailytrust

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Experts caution FG: VAT increment will further worsen Nigeriansโ€™ situations

Minister of Budget and National Planning, Senator Udoma Udo Udoma and Executive Chairman of Federal Inland Revenue Service (FIRS) Mr. Babatunde Fowler of governmentโ€™s intention to raise the rate of value added tax (VAT) before the end of 2019 is presently causing ripples among various categories of Nigerians. But experts have warned that such a move will further hurt the Nigeriaโ€™s economy and make the people poorer. At a Senate hearing on 2019-2020 Medium Term Expenditure Framework (MTEF) and Fiscal Strategy Paper (FSP) last Tuesday, served the notice on the lawmakers that in view of imminent wage increment stemming from increase in minimum wage from N18,000 to N30,000, the Federal Government intends to hike the current rate of value added tax (VAT). Udoma recalled โ€œthat as a result of agitations from the unions that the President set up a tripartite committee to look at the Minimum Wage. Every five years, it is supposed to be reviewed. It has not been reviewed even though there is no doubt that for both the Federal Government and states; it is a tough time to review wages. But the N18,000 is really too low and it is difficult for people to live on N18,000. The President supported a revision but it is important that as we are revising (the minimum wage), we make sure that it can be funded that is why we set up the Bismark Rewane Technical Committee. So we will be coming to you. There may be some changes maybe in VAT and other things. But we will be coming to you in order to make sure that we can fund the minimum wage.โ€ On his part, Fowler told Senate Committee on Finance โ€œI believe that by the end of this year, government and Nigerian people should be ready for an increase in VAT. A lot of Nigerians travel to Ghana and other West African countries and they can see that theirsโ€™s much higher. They pay when they go for those trips. We should be ready for an increase in VAT. I can certainly see an increase in VAT of at least 35 per cent to 50 per cent this year based on our enforcement activities. There, certainly will be an increase in Company Income Tax and also on Petroleum Profit Tax.โ€ Although Udoma tied the plan to planned wage increment, talks about raising VAT rate in Nigeria has been perennial. As late as January this year, Minister of Finance, Mrs. Zainab Usman at the launch of the Strategic Revenue Growth Initiative in Abuja, targeted at improving revenue sources for government the move had become imperative as a result of the fiscal challenges the government is confronted with in providing infrastructure for its people. โ€œThere will be a VAT increase. During the course of 2019, we will have clarity as to which items and what the rate will be and we will have to take a request to the National Assembly for amendment before it takes effect. โ€œThere is also going to be luxury tax. Already, there is luxury tax imposed on things like jets, yachts and few exceptional items that are classified as luxury and the Chairman FIRS will speak to that but we are contemplating increasing excise duties on carbonated drinks just like we have excise duties now on Tobacco and alcohol. But this is going to be a subject of study because we have to identify which ones will be affected and the best way in which to apply the taxesโ€, she stated. However, in a fragile economy just returning to growth trajectory after a biting recession, discouraging consumption by increasing VAT may be counterproductive to the economy. There has thus been a cacophony of voices against the move. Governor of Ebonyi state, Mr David Umahi in criticizing the plan described the concept as digging a hole to fill a hole. โ€œToday, I read in the papers where the federal government is lifting VAT from five percent to 35 percent to pay salaries. For me, itโ€™s all about digging a hole to fill a hole. We have not come to the point of realization of how to solve our problems. So, if VAT is lifted from 5 to 35 percent which means that any of us going to buy anything will pay 35 percent more. So, no one should celebrate (election victories) yet. We are in for deeper problems all over the nation. No governor will make magic or President will make magic until we sit down to solve our problems. If they give us N2 billion and the wage bill is N2 billion, you cannot make any other magic. The most important thing we can do for civil servants is what I have done for you by giving loans to youโ€, he said. Organised Private Sector (OPS) cautioned against the plan warning that it would hurt manufacturers, businesses and consumers alike. In a statement by Nigeria Employersโ€™ Consultative Association (NECA), umbrella body for OPS and Voice of Business in Nigeria insisted that manufacturers and businesses were already saddled with so many challenges, such as infrastructural decay, power, among others. The statement by NECAโ€™s Director-General, Mr. Timothy Olawale, said โ€œthe planned increase would erode the gains of minimum wage for low earners, and further weaken their purchasing power, among others. The planned increase of VAT will have far-reaching implications for manufacturers, businesses and consumers alike. Manufacturers and businesses are already saddled with several challenges, such as infrastructural decay, power, etc. โ€œSome companies are closing shops due to some of these challenges while others are still struggling to stay afloat. The proposed increase in VAT would definitely lead to an increase in the cost of doing business, and would likely be passed to the consumers whose purchasing power is already weak. Government does not have to increase VAT in order to enable it pay minimum wage. However, in the event that government must increase VAT against the will of the people, it should be limited to luxury or

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CAC Set To Host Stakeholders, Customers In Abuja

The Corporate Affairs Commission (CAC) has said that all is set for its 2019 quarterly Customersโ€™/Stakeholders Forum. Godfrey Ike, Head, Public Affairs of CAC, who disclosed this through a statement, said the event isย  slated for Tuesday, March 26, 2019 at the Merit House, Maitama, Abuja, by 11.am. โ€œThe CACโ€™s Customers/Stakeholderss Forum is interactive in nature and provides opportunity for the commissionโ€™s esteemed accredited customers, stakeholders and members of the public to directly engage top Management of the Commission on all its services. โ€œIt also serves as a veritable window for top management of the commission to provide first hand information on the commissionโ€™s products and services. โ€œThe forum is organised quarterly in furtherance of efforts towards deepening communication with the commissionโ€™s customers and other stakeholders as well as provide opportunity for stakeholders and members of the public to have a one-on-one interaction with top management of the commission on its services. Ike disclosed thatย  there will be presentation and demonstration on frequently encountered issues, while using the Companies Registration Portal which enables customers to register their businesses online at the forum. According to the statement, expected at the Abuja forum include among others, legal practitioners, chartered accountants, chartered secretaries, members of Nigerian Association of Chamber of Commerce, Industries, Mines and Agriculture (NACCIMA), Manufacturers Association of Nigeria (MAN), entrepreneurs and members of the general public.   Source: Independent

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