Tax news

Recently, the Tax Appeal Tribunal (TAT) sitting at Lagos held that a taxpayer can object via online means to FIRS tax assessments. This decision was made in Earth Moving International Limited v FIRS. FIRS assessed Earth Moving International Limited (Earth Moving), to tax of over Twenty-Five Million Naira. Earth Moving objected to this tax assessment and the FIRS issued a revised assessment. This revised assessment was served on Earth Moving on 29 August 2018. Earth Moving again objected to the revised assessment through an email Notice of Objection dated 26th September 2018 which was also physically served on the FIRS on 2nd October, 2018.  FIRS however stated that Earth Moving filed the Notice of Objection out of time making the revised assessment final and conclusive. Earth Moving however maintained that it filed the objection within time by the email and physical objection but since the FIRS was not giving it face, it instituted this action against FIRS at the TAT. The TAT held that Section 69 of Companies Income Tax Act (CITA), gives a taxpayer the opportunity to object to an assessment by the FIRS within 30 days from the date that the notice of assessment was served. FIRS served the revised tax assessment on Earth Moving on 29 August, 2018 and Earth Moving thus had 30 days i.e. till 28 September, 2018 to object. Earth Moving sent the Notice of Objection to the Tax Controller of FIRS Lagos Zone on 27 September, 2018 via email and received a delivery receipt notification. Also, there was a strike on 27 and 28 of September 2018 and the 1st of October 2018 was a public holidaY. Earth Moving then sent the physical notice of objection on 2nd October. TAT held that as CITA did not provide the means by which the Notice of Objection must be served (it just provided that it must be in writing), the email objection was valid. The TAT also stated that as Earth Moving could not have physically served its Notice of Objection on the 28th of September because of the public holiday, the physical service on the 2nd of October sufficed. The TAT thus held that Earth Moving had fulfilled its legal obligations as provided for by CITA. The law allows taxpayers to object to taxes that the tax authorities visits on them. Generally, the period for objection is 30 days from the date you receive a letter from the tax authorities telling you the amount of taxes you are to pay. If you do not object within the timeframe given by law, you lose your right of objection and it is deemed that you have accepted that you will pay the tax. The assessment thus becomes final and conclusive! Earth Moving in this case was being smart, you know. They sharparly sent their Notice of Objection via email to FIRS when they realized that the last date stipulated by law would be a public holiday and that FIRS can like to say that one does not concern them, which is exactly what they did. Now that the TAT has held that any objection to a tax assessment suffices as long as it is written, you now know that the tax authorities ti wa online! Moral lesson however is, don’t joke with tax authorities and deadlines. You can be proactive and gbe bodi, finding creative means to comply with the tax laws and guess what? you may actually stand a chance of the TAT backing you up just like it did for Earth Moving. Be like Earth Moving!    Source: Taxville

Oyo State Government has reiterated its assurance to the people of the state that the administration will not increase tax on business enterprises to increase the Internally Generated Revenue (IGR) of the state. Executive Chairman, Oyo State Internal Revenue Service (OYSIRS), John Adeleke, who gave the reassurance in a chat with journalists in his office, said that Governor Seyi Makinde was applying sympathy and empathy in his dealings on the matter since the new administration came to office. He said that the government was working assiduously to capture other areas that have not been explored to generate more revenues to the coffers of the state, adding that a culture of efficient and leak-proof collection in all areas of revenue would be put in place. “Instead of tax increment, we are emphasising efficient collection of existing revenue and we are bringing our informal sector into the tax net. Besides, we are reaching out to other geo-political zones in our tax campaign. “The good performance of Makinde has also changed the attitude of the stakeholders towards tax payment. Most of them are responding without any reminder. However, the economy is a big challenge for many companies as this has implication on Pay As You Earn (PAYE) remittances. Meanwhile, the state government has ordered illegal occupants of Agbowo Shopping Complex to vacate the place, as renovation of the complex would begin soon. The illegal occupants have been occupying the shopping complex without paying rent to the state government since 2012. The state Commissioner for Lands, Housing and Urban Development, Mr. Abiodun AbdulRaheem, who was on inspection tour of Oyo State Housing Corporation Estates in Ibadan metropolis, said that the state government would not condone usage of its property illegally. “The situation of things at Agbowo Shopping Complex is worrisome. What baffles me more is that the tenants at the shops who have now turned themselves to landlords going by their attitude maintained that the last time they paid their rent was in 2012 “This is not good at all and we are using this medium to inform them that renovation of the edifice will soon start and we have no choice than to eject them.” In another development, the Oyo State government has said that the state has returned 34 per cent of its out-of-school children population to class and working towards mopping the rest of the population outside classroom back before the end of the year. The state Commissioner for Education, Science and Technology, Prof. Kehinde Sangodoyin, disclosed this at the weekend during the launching and dedication of projects embarked upon by Old Students of Ibadan City Academy, Ibadan. Sangodoyin said that the state would leave no stone unturned in its move to provide qualitative education without financial burden on parents and guardians.   Source: The Guardian

The Federal Government is planning to introduce more taxes and expand the incumbent tax base. The Minister of Finance, Budget and National Planning, Mrs. Zainab Ahmed, disclosed this while speaking at the International Monetary Fund (IMF) and World Bank’s annual meetings in Washington DC, United States of America (USA). According to Ahmed, this was the only way to boost the country’s tax to Gross Domestic Product ratio from the present 8 percent to 15 percent by the end of 2023. She noted that increasing the country’s revenue is a necessity and it will aid the country’s commitment to move away from relying solely on crude oil to generate revenue. In her speech, she stressed that Nigeria’s economy is too dependent on the oil and gas sector, which accounts for just about 10 percent of the GDP and represents 94 percent of export earnings and 62 percent of both federal and state governments’ revenues between 2011 and 2015. The Minister stated that the country’s economic meltdown was rescued by the Economic Recovery and Growth Plan (ERGP), established by the federal government in 2017 to create an avenue for diversification of the economy. Since the birth of the ERGP, she said “we have recorded year on year improvement on both revenue outturns and revenue to GDP ratio. “Our revenue outturn as at December 2018 stood at 55% while it was 58% as at June 2019. Our revenue to GDP ratio, on the other hand, is 8% as at end of June 2019 while it was 5% as at December 2017.” “This time around, there are performance targets with consequences for non-performance including the members of the cabinet. For example, I have signed to deliver the 15% revenue to GDP in a performance contract and this will be cascaded down to Heads of revenue-generating entities to have them aligned to our mission of turning around revenues.” She highlighted that there have been a continuous growth in the economy, which resulted in nine consecutive quarters of GDP increase, with the annual growth rising from 0.82 percent in 2017 to 1.93 percent in 2018, and 2.02 percent in the first half of 2019. This, she attributed to “our economy’s resilience and gives credence to the effectiveness of our economic policies thus far.” “We also succeeded in significantly reducing inflation from a peak of 18.72 percent in January 2017, to 11.02% by August 2019. This was achieved through effective fiscal and monetary policy coordination, exchange rate stability and sensible management of our foreign exchange. “We have sustained accretion to our external reserves, which have risen from $23 billion in October 2016 to about $42.5 billion by August 2019,” she added.   Source: Investor King

Following the plans by the Federal Government to impose Value Added Tax (VAT) on carbonated drinks, soft drinks and other important products, Financial experts have warned that it will not only have an effect on the company but will lead to loss of jobs in the country. Recall that the Minister of Finance, Budget and National Planning, Zainab Ahmed while in Washington DC, USA, for the 2019 Annual Meetings of the International Monetary Fund and World Bank, said plans are underway to increase the country’s revenue by introducing excise duties on certain items. “We are also looking at introducing excise duties on some categories of products especially carbonated drinks and VAT on some categories of imports into the country. But it is not all taxes increases, there is also a proposal to build tax rates for SMEs we also increase the minimum tax level to make it easy for people to plan their taxes,” Ahmed had said. Reacting to the move, The Nigeria Employers Consultative Association (NECA), Lagos Chamber of Commerce and Industry (LCCI), Manufacturers Association of Nigeria (MAN) and others in separate statements expressed worries on the effect, saying many shops will close, Nigerians will lose their jobs and the inflation rates will also rise. NECA’s Director-General, Timothy Olawale, said adding another tax to the existing ones will only ruin businesses. “In our considered opinion, reintroduction of excise tax on non-alcoholic beverages should not be the case. With the myriad of taxes and levies already being paid by businesses, the reintroduction of excise in a sector with high price elasticity means that government is desirous of killing businesses in the sector completely. He explained that “once prices are increased, consumers will push back, resulting in sharp decline in demand. With the planned increase in VAT, the introduction of excise will further burden operators in the sector with the following consequences: low demand leading to unsold products; incomes squeeze on businesses that are already struggling with low margin and massive staff layoff, which will affect over 250,000 direct and indirect employees in the sector among others.” On his part, the Director-General of the LCCI, Mr Muda Yusuf opined that “any imposition of tax on carbonated drinks will definitely affect the demand for such products. Such imposition of tax would be another tax apart from the excise tax already paid by the manufacturers of such products. “Ultimately, the demand for such products might drop due to the attendant increase in price that might occur. Those who could buy would buy at a higher price.” Also, former President, Association of National Accountants of Nigeria (ANAN), Dr Sam Nzekwe noted that if the FG’s plan is implemented, there will be higher inflation rates. “If this plan of government to tax soft drinks is implemented, then we should be ready for higher rates of inflation. Already, we have high inflation,” he stated. He added that “the taxes from the federal and state governments are becoming too many that you don’t know where to place them. Coming up with a new tax regime on soft drinks, I don’t think that is what will solve the funding challenges confronting the budget.” The Chairman, Food, Beverage and Tobacco subsector of the Manufacturers Association of Nigeria (MAN), Mr Paul Gbededo said, “imposing tax on soft drinks will impact the poor and the masses. Soft drink is what the poor drink to get energy. If government is looking for additional revenue from taxation, the masses will support taxation of luxury items. “I am aware that it is fashionable to control sugar intake because of health reasons, but we are not there yet. The poor need the sugar because that is where they derive their energy from. If the government is worried about sweetener intake among Nigerians, they can express this through education, telling people the disadvantages of consuming such substance.” “The cost of doing business in Nigeria is already high; it (excise duty) will further increase the cost. That is why I think it has to be very marginal in order not to discourage new investors who want to come into the industry or make existing investors move to other countries,” A former Director-General, West African Institute of Financial and Economic Management, Prof Akpan Ekpo stated. Dr Bongo Adi, An economist and Senior Lecturer, Lagos Business School, admitted that “the government is trying to ramp up tax revenue; the truth of the matter is that tax is low in Nigeria. But I don’t know why they need to discourage the consumption of soft drinks. “If you impose excise duty on a commodity that is price-sensitive, the demand will immediately drop as consumers will find alternatives.” “I think the way to raise tax is first by growing the economy. I have always maintained that this issue of tax is coming at a very wrong time. Our post-recession GDP is less than two per cent, and we are taking measures that will further endanger the growth of the economy,” he added.   Source: Investor King