Tobi Aminu

How internal โ€˜ratsโ€™ eat up borno taxes

The big pot of water half buried at the middle of Malam Biziโ€™s expansive compound has served the family and guests for about two decades, providing cool water for drink especially during the dry season in northeast Maiduguri, known for its hotness in dry season. But something unusual is happening to the mud pot. It appears to be โ€˜drinking upโ€™ the quantity of water kept in it and sometimes leaves the family in dire need of the natural gift. On the day Sunday Sun visited, Hajara and Hauwa had filled the pot with about four buckets of water in the morning but were surprised to note that the pot was half filled an hour later. Ironically, none of the family member had drank from the pot. In fact, the plastic cup usually placed on the pot for use still lay on a small table in the kitchen. Surprisingly too, the surrounding of the pot had remained unusually wet in recent time. โ€œI eventually discovered the pot was licking,โ€ Bizi told Sunday Sun during a visit to the family compound at Njimtilo, a suburb of Maiduguri. โ€œThe more my children fetch water into the pot, the more the water ends up in the soil around the pot. It is as if the pot is drinking the water,โ€ he added. The case above clearly illustrates how officials siphon public funds through tax diversion without the authority knowing โ€“ in much the same manner that the Bizis couldnโ€™t detect the water in the big pot was drying up. Millions in revenue had been reportedly diverted from the points of collection in Borno State. Sunday Sun investigations show that some officials collect taxes (water) in the name of government (big pot). Sadly, either half of the revenue is remitted or in most extreme cases, never get to the government coffers. Borno State Board of Internal Revenue (BSBIR) is empowered to collect all taxes on behalf of the state government. It is one of the busiest public offices in the state with more than 300 staff both in the state capital and local government areas. Human movements, brief conversations and movement of documents characterized activities at this office as the reporter observed for two weeks. There are also over a dozen racketeers around the building ready to procure various documents ranging from vehicle particulars to motor license for a fee. It is such a business centre but behind this lay a profiteering move by some officials, Sunday Sun gathered. According to information on the website of the board, www.bornosirs.bo.gov.ng,ย  BSBIR collects both income and personal taxes. Taxes are collected from individuals either in employment of the state government or from those running their own small businesses under any business name or partner, a Lagos-based banker and tax analyst, Bamidele Bello told Sunday Sun. โ€œThe state government is responsible for collecting such taxes,โ€ he explained. He said banks and commercial institutions also remit their taxes based on their profits. The Personal Income Tax Act (Cap P8 LFN 2004) guides the current taxation of personal income. The law empowers the federal and state tax boards to identify persons living in or earning income from the areas of their abode who are required to pay tax, assess incomes and tax their incomes using specified guidelines and rules. The law also guides tax officials to identify the residence of potential taxpayers, the sources and origins of their incomes for the purpose of taxing them based on their income. However, there are alleged leakages in the process of collecting these taxes by some officials of government, very credible sources in the tax offices revealed to Sunday Sun. Double invoicing/receipts. Some officials of the board have developed strategies to circumvent tax collection in Borno State. A source revealed that one of the ways is double invoicing. โ€œIt is a common thing and it has been happening for a long time,โ€ the well placed said. โ€œWe have receipts for ourselves, sometimes we give return to our bosses in the office,โ€ another official added. โ€œIt is not a new practice,โ€ he insisted. A copy of the receipt shown to the reporter indicated a marked difference between the government own and the one done by the officials. The Nigerian coat of arms on the governmentโ€™s receipt is bold and darker. Likewise, the receipt is thicker while the other one is lighter. Though, the board was said to have introduced e-payment few years ago to block leakages but it was gathered that some officials still found a way around it especially with taxes on businesses. Sunday Sun discovered it is one of the worst affected. Some officials also charged payees, especially owners of businesses, different amount without checking any income book. โ€œTaxes are charged based on income and gains,โ€ Bello explained but the approach of these officials differs. The poor collection system has not helped the matter,โ€ a tax officer said. Taxpayers speak; The Board of Internal Revenue has a form which tax officials use in assessing amount payable by payee especially owners of business as part of the revenue to the state. โ€œThey have a form. They look at the shop and calculate what I will pay. Sometimes they charge higher and then we negotiate like from N15,000. You can beat down to N6,000,โ€ Yohanna Ali (not real name) revealed. Sunday Sun probed further on why taxes would be negotiated without checking the book. โ€œThe men collecting arenโ€™t remitting to government. This is why they are not following the right process,โ€ he added. It was gathered that often times, receipts are not provided for the payment made. But many of the taxpayers alleged the officials often made promises to return with the receipts but never surfaced until another year. โ€œIt is a very clumsy situation but we canโ€™t question them,โ€ he said further. Taxpayers said they are sacred they could be victimized if they demanded explanation from officials. โ€œWe are here doing business. We donโ€™t want problem with government people,โ€ Aminu Ibrahim said.

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Companies with less than N10m turnover should be exempted from VAT โ€” CITN president

The Federal Government recently announced plans to increase Value Added Tax from five per cent to 7.5 per cent. Do you feel this is appropriate? It is appropriate. There is no right time for it. The problem in this country is that we fail to face reality. The VAT Act was promulgated in 1993 and came into effect in 1994. Our VAT is the lowest when compared with other countries. The idea then was that, let us start from there and continuously, we will move it up. But 25 years on, nothing has been done. In 2007, when the idea was moved, it was killed. Earlier this year, when it was moved, it was killed. So when is the right time? You know it is a consumption tax, so it is very easy to collect, it is very easy to pay because you pay without knowing that you are paying tax as you are enjoying what you are collecting. There are exempted items that affect everyday life of the common people. All those things have been exempted, leaving virtually the luxury items. It is the middle people and the rich that will buy the luxury items. What are the other side effects of this increase? The problem is that it will affect cost of goods and items in the fact that manufacturers will have to pay higher VAT. And what should be done is to amend the tax law. There should be threshold for registration for VAT. Companies with less than N10m revenue should be exempted from registration. For manufacturers, they should exempt raw materials from VAT, so it will not affect the cost of production. We need to look at the areas of the companies income tax to amend. We can reduce the companies income tax and personal income tax. That will release more money to employees and they will have more money to spend, and they will pay tax. I think what we need to do is to request for accountability because we are doing our obligation to the country. The government should reduce the cost of governance. Going by the query that tax collection between 2012 and 2014 was better than 2015 and 2018, is that not an indication that the decline was caused by the bad economy under the present administration? They need to make some research before they come out to condemn somebody. Between 2012 and 2014, how much was oil price? Oil was over $100 per barrel. And if you look at the figure for collection for those years, oil majorly was over 50 per cent. While in the period of Babatunde Fowler, we saw oil price falling below $50; look at the disparity. Of course, collection will be low. When things like that happen, you are forced to look inward, and that was what Fowler did. What were the areas he looked at? He looked inward by looking at the Value Added Tax. He looked at what was happening, looked at the people who were outside the tax net, and brought them in. By that, he succeeded in moving the number of tax payers from 10 million to 20 million. If you look at collection now, we are moving from oil revenue to non-oil revenue. And that is the way it should be. He is institutionalising taxation away from oil revenue. This is what the government should appreciate. People who are making noise are making noise because they are not looking at the economic climate of the nation. It is very bad. I donโ€™t have the figures now, but I can tell you non-oil revenue is over 50 per cent, oil revenue is less than 50 per cent. That is the way it should be and going forward. He has given us indices of how to go about it. Look at people who are not in the tax net. Issues of Voluntary Asset Income Declaration came, issues of bank statement, using data, that is what this country needs. Bringing out people who have millions in their accounts and are not paying taxes. How will you have billions in your accounts and you are not contributing to the economy that gave you those billions. How can you have N100m in your account and you are not even paying a kobo to the coffers of the government that gave created a conducive environment and the enablers for such person to make that money. As far as I am concerned, I think it is the people that Fowler has touched that are fighting back. He is fighting them and they want to fight back. I know that Fowler means well for this nation, and it will be sad if he is sacrificed just like that. Voluntary Assets and Income Declaration Scheme was being implemented before it was stopped. How will you describe the impact of this on the revenue? VAIDS was just for a period, it was a targeted period of one year. The Federal Government started it on the first of July 2017, and it was meant to end in March 2018. But it was extended till 30th June 2018. With the Voluntary Assets and Income Declaration Scheme, they said โ€˜if you have not been paying taxes, come and pay. This is my asset, this is my income, I want to pay tax.โ€™ And the opportunity came that once you do that for those periods, ones you pay the taxes and you are cleared, you will not be audited for that same period again. For instance, โ€˜you come out to say since 2014, I have earned N1bn; I have not paid taxes on this N1bn, now I want to pay. This is the value of my assets and my income and it is taxed,โ€™ you now pay tax on it, that is from 2014 to 2015. What the law says is that for those periods, you will not be audited again. You are forgiven. But beyond that period, 2015 to 2016, you can still

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ANAN recounts achievements at 40, inducts 526 fellows

The Association of National Accountants of Nigeria says it has in the last four decades invested in capacity building to advance the accounting profession in the country. The First Vice President of the association, Prof Benjamim Osisioma,ย ย  stated this while delivering an anniversary lecture titled, โ€œANAN at 40: Advancing the Science of Accountancy in Nigeria,โ€™โ€™ at the associationโ€™s 24th annual conference in Abuja. Osisioma explained that in advancing the science of accountancy, ANAN had built and equipped accounting research centres in seven universities, accountingย  laboratories in 15 universities and polytechnics and provided books and computers to more than 25 tertiary institutions in Nigeria. The don, in a statement, said that ANANโ€™s capacity building drive made it the first to introduce the mandatory continuing professional development programme in line with its objectives to promote the highest standard of competence, practice and conduct among accountants and promote the growth of the profession in public and private sectors. Osisioma explained, โ€œOn November 6, 1978 three gentlemen, Olalere Kolawole, Iyiola Odefisayo and Samuel Sosanya, were on a mission to discuss and find solutions to the parochial and deliberate restrictive policies which were inimical to the advancement of the accountancy profession in Nigeria.โ€™โ€™ According to him, with 37,369 members and 2,543 fellows, ANAN is rated the second-ranking professional accounting organisation in Africa by the Pan African Federation. Osisioma noted, โ€œOverwhelming majority of accounting professors in Nigerian universities, directors of finance in the public sector, accountants-general and auditors-general are all ANAN members. โ€œToday, no less than five African countries have benefited from the ANAN training model. Besides, ANAN is mentoring a number of African countries to upgrade their teaching and practice. Countries that have so benefited include Guinea Bissau, Guinea Conakry, Ivory Coast, Senegal, Cameroun and Zimbabwe. The collegiate training model remains ANANโ€™s gift to the global profession. A former president of the association, Hajia Maryam Ladi-Ibrahim, congratulated the President of the association, Muhammad Mainoma, for the great achievements recorded by the professional body.   Source: Punch

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DisCos fault PwC on tax evasion claim

The electricity Distribution Companies (DisCos) have dismissed the claim by an official of PriceWaterhouse Coopers (PwC) that they donโ€™t pay taxes because they record losses. A statement by the Executive Director, Research and Advocacy at the Association of Nigerian Electricity Distributors (ANED), Barr. Sunday Oduntan, on Thursday said the DisCos were reacting to the comment by the Chief Economist of PriceWaterhouse Coopers (PwC), Dr. Andrew Nevin last Wednesday. Dr. Nevin, at a power sector roundtable organised by Mainstream Energy Solutions Limited in Kainji, Niger State on Tuesday said no DisCo in Nigeria has paid any tax to the Federal Government since 2013 when they were privatized, because they have been โ€œon a loss-making trackโ€ since then. ANED which acknowledged Dr. Nevinโ€™s effort to highlight the challenges of the sector however said his โ€œclaim was misleading, incorrect and not supported by the facts.โ€ DisCos said they are responsible corporate citizens and take their tax obligations to the federal and state governments, as applicable, seriously. These taxes include the minimum Company Income Tax (CIT), Withholding Tax (WHT) and Value Added Tax (VAT). โ€œAs a result, the DisCos diligently pay all necessary taxes that apply to their operations. We will like to encourage all parties interested in the growth and success of the Nigerian Electricity Supply Industry (NESI) to constantly, diligently verify their information, to avoid creating more challenges than that which already exists in the sector,โ€ they held.   Source: Daily trust

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Be Strategic with New Taxes, ACFE Charges Govt

The Association of Certified Fraud Examiners (ACFE), Lagos State chapter, has urged federal government to be strategic about imposing new and increasing existing tax rates. The association bared its mind on the tax environment during a training session it organised for ACFE members and non members in Lagos recently. Speaking during the training, President of the Association, Prof. Godwin Oyedokun, stated that a complex tax regime would scare away investors and further lure them to seek means of evading tax payment. He added that rather than increasing taxes, government should widen the tax net such that would accommodate more taxpayers. Making reference to the proposed 7.5 Value Added Tax (VAT), increment, he noted that in effect, quite a lot would resort to making open market purchases and avoid structured and formal markets like Shoprite, which on the other hand, would rub off negatively on the buttom line of formal retail outlets. He said that VAT increment would also affect consumption level, disposable income and cost of doing business. Oyedokun also cautioned government to thread softly in introducing punitive measures to aid tax compliance. According to him,โ€This in most cases is always counter productive as it gives room for undue negotiations and compromises from both tax payer and tax authority respectively. While I am not completely against penalty, I would say that the authority should use it selectively and also apply palliative measures before adapting it.โ€ The 2nd Vice President of the association, Dr. Titilayo Fowokan, added that government could resort to moral persuasion and tax education instead of enforcing penalties. She said: โ€œThere should be tax justice such that tax payers can see the dividends of their efforts and be willing to pay more without being forced or pushed. Government should also strive to create an enabling environment that would make companies to generate employment. Once jobs are paid, income will be generated and more taxes will be paidโ€. Fowokan also explained the essence of the training to update members on latest fraud technology and trends in tax environment to enable them know how to deal with it.   Source: This day

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We are paying taxes, say DISCOs

Power distribution companies on Thursday said it was incorrect for an executive of PriceWaterhouseCoopers to claim that no Disco had paid any tax since the power sector was privatised since 2013. Speaking under the aegis of the Association of Nigerian Electricity Distributors, the umbrella body of Discos, the power firms stated that they had been paying taxes to both the federal and state governments. The Executive Director, Research and Advocacy, ANED, Sunday Oduntan, stated that the Discos were paying different taxes even though they were challenged. Oduntan stated that as responsible corporate citizens, all members of ANED took their tax obligations to the federal and state governments, as applicable, seriously. He said, โ€œAs a result, the Discos diligently pay all necessary taxes that apply to their operations. โ€œThese taxes include the minimum Company Income Tax, Withholding Tax and Value Added Tax.โ€ He said the Discos would like to encourage all parties interested in the growth and success of the Nigerian Electricity Supply Industry to constantly and diligently verify their information.   Source: Punch

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Financial reporting: ANAN, FRC boost regulatory governance

The President, Association of National Accountants of Nigeria, Prof. Muhammad Mainoma, says the association has started engaging the Financial Reporting Council of Nigeria and other relevant agencies to strengthen regulatory governance in financial reporting process in the country. He disclosed this in his welcome address at the 24th Annual National Conference of ANAN which opened on Tuesday, a copy of which was obtained by our correspondent. He said, โ€œWe are engaging relevant regulators with a view to strengthening regulatory governance in the financial reporting process. Our close collaboration with the Financial Reporting Council of Nigeria and other PAOs is yielding results. โ€œWe have engaged the legislature in their bid to improve the national budget process,โ€™โ€™ He added, โ€œANAN has improved her advocacy in public policy. The Research Committee would soon release her two technical reports on Nigerian public financial management and professional accountancy skills gap. Capacity is being built on contemporary issues in accounting.โ€ The ANAN president noted that in the past 24 years, members of the association had consistently gathered to discuss the affairs of the nation. He noted that the last of such efforts was on the โ€˜Economic recovery and growth: Issues and options.โ€™ The ANAN president said that the logical follow-up to that was to sustain that economic recovery and growth; hence, the theme of this yearโ€™s conference, โ€˜Nation building and sustainable growth: Challenges and prospects.โ€™ He said that the easiest way to build the nation and sustain it was through learning, entrepreneurship, goal convergence, accountability, collaboration and youth development. Mainoma said, โ€œThere seems to be agreement that development that cannot be sustained is not development at all. We must not only be bothered about the present but the future should be of concern to us. Here comes the issue of legacy.   Source: Punch

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Cover Your Face In Shame, Timi Frank Tells FIRS

Timi Frank, political activist and former Deputy Publicity Secretary of the All Progressives Congress (APC), has dared the Federal Island Revenue Service (FIRS) to go to court, telling it to bury its face in shame over alleged corruption being perpetrated there. The activist had on Monday linked the agency with a N90 billion election fund it allegedly advanced to the ruling APC for the prosecution of the 2019 general elections. He also claimed that the ongoing attack against Vice President Yemi Osinbajo by unnamed Presidency cabal was due to his failure to give proper account on how the alleged sum was disbursed. But the FIRS, in a statement, denied any such transaction as it was against the law, and demanded an unreserved apology from Frank within 24 hours or risk legal action. But Frank, in his reaction, rubbished the threat as mere intimidation and vowed to meet the Service in court. He described the agencyโ€™s ranting as a puerile attempt to sweep the main issues in his public statement under the carpet. He said that the FIRS thinks it can continue to deceive Nigerians by claiming unfounded budgetary fidelity. The statement reads: โ€œI read the statement by the Federal Inland Revenue Service and I am rather disappointed at their intellectual laziness. โ€œWho is the FIRS trying to fool by claiming that its annual subvention is not up to a N100 billion? That is an unintelligent attempt to fool the public. โ€œThe FIRS, like the Nigerian National Petroleum Corporation, Central Bank of Nigeria and the Securities and Exchange Commission, are revenue-generating agencies of the Federal Government that do not depend on budgetary subventions. โ€œThese agencies are able to appropriate huge funds from the monies they generate for their use.โ€ He urged the agency to come clean and tell Nigerians the reason for the discrepancies, which exist in their records of tax collection. โ€œFor example, on January 7, 2019, the Federal Inland Revenue Service announced that it had broken Nigeriaโ€™s all-time revenue generation record by generating N5.3 trillion in 2018.โ€   Source: Independent

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Nigeria’s Unchanging Tax To GDP Ratio: An Instructive Appraisal

Amongst other factors, the global dip in oil prices and the resulting economic recession in Nigeria resulted in an increased focus on revenue generation through taxation in Nigeria. Following the mandate by the Federal Government, the Federal Inland Revenue Service (FIRS) intensified its drive for tax collection and has so far reported giant strides in its collection efforts. However, the tax-to-Gross Domestic Product (GDP) ratio has continued to hover around an abysmal 6% despite the reported tax revenue increase by the FIRS. While the tax-to-GDP ratio is nothing more than the portion of a country’s output (i.e. domestic product) that is attributable to tax receipts, it is one of the most widely used tool for measuring the efficiency of a country’s tax system. Recent data from the National Bureau of Statistics indicates that Nigeria’s GDP stood at โ‚ฆ31.79 trillion in the first quarter of 2019 (Q2 2019) while the total government collection in taxes was barely โ‚ฆ1.5 trillion in that quarter. In this article, we have evaluated Nigeria’s tax-to-GDP ratio vis-ร -vis the metrics for determining the current rate. We have also highlighted the underlying factors for the going rate and proffered recommendations on how both the tax revenue and the ratio can be improved. The Nigerian Tax to GDP ratio: When tax revenue grows at a slower rate than the GDP, the tax-to-GDP ratio drops; when tax revenue grows faster than GDP, the ratio increases. In most instances, the ratio of tax-to-GDP stays relatively consistent because tax collection is closely connected with the rate of economic activity. Thus, the general expectation is that GDP should grow parallel to tax revenue. However, low tax-to-GDP ratio is not an uncommon phenomenon with developing economies including Nigeria. Prior to the economic recession in Nigeria in 2016, the Nigerian GDP figures were rebased and the new figures were greatly celebrated as the news that the Nigerian GDP had grown to be the largest in Africa was widely published. Notwithstanding the reported growth, the tax-to-GDP ratio has remained at 6% which is even relatively lower when compared to other developing economies. In certain studies conducted on the Indian economy, also a developing economy, certain factors were identified as contributing to low tax-to-GDP ratio. These factors include unorganized informal sector, narrow tax base, tax exemption and subsidy policies as well as loopholes in tax laws. We have discussed some of these factors as they apply to Nigeria below: Narrow Tax Base:ย  Undoubtedly, a small tax base places huge burdens on honest and compliant taxpayers. According to the International Monetary Fund (IMF), out of the Nigerian labour force of 77 million persons, only 10 million persons are registered for tax purposes. This situation has adversely affected government’s revenue generation through taxes. On a broader note, in Q2 2018, the oil sector was recorded to have contributed 8.55% to the total real GDP in Nigeria while the non-oil sector was recorded to have contributed 91.45% to GDP. In contrast, total government revenue in taxes from the oil sector (Petroleum Profits Tax) totaled about โ‚ฆ524 billion (39.26% of total tax revenue) while non-oil taxes totaled about โ‚ฆ810 billion (60.74%).   Source: Mondaq

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Vanguard retracts 90BN FIRS story against vice president

The Vanguard news one of the nations leading news paper, has retracted a story and also apologised to the vice president over a story published on their website. The retraction and apology story reads. On our website publication of Monday, September 23, 2019, we published a story titled โ€œN90 Bn FIRS Election Fund: Osinbajoโ€™s problem, not 2023 politics.โ€ We have since discovered that the story lacks factual substance and we hereby retract it in its entirety We tender our profound apology to Professor Yemi Osinbajo SAN, the Vice President of the Federal Republic of Nigeria on whom the story touches directly the All Progressives Congress, A.P.C. and the FIRS for any inconvenience or embarrassment the publication has occasioned them. We hold Professor Osinbajo, S.A.N. in the highest esteem.   Source: Eko City

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