Tax news

Transparency In Tax Revenues

Experts have called on the federal government to restructure the finances of the country such that the share of the nation’s revenue that it earns from taxation is judiciously utilised calling for more transparency. The federal government last week proposed an increase in Value Added Tax (VAT) by 44 per cent to 7.2 per cent from five per cent and the introduced the Police Trust Fund levy. This it said was to increase the country’s revenue base. The Nigerian Police Trust Fund Act which was passed by the National Assembly in April 2019, and signed into law by the President on 2 July 2019, imposes a levy of 0.005 per cent of the net profit of companies operating business in the country. According to the president of the Chartered Institute of Taxation of Nigeria (CITN), Dame Olajumoke Simplice, this is important because of the need for government to invest in infrastructure. “Let us see improvements in infrastructure especially power, roads, education good health. When all these are put in place, you will see that Nigerians are good people and good citizens. We only need good leadership, we need to see that government means well for us, we will pay our taxes. “We Nigerians should now start to hold the government responsible, let us see what the money is used for. Let us make sure that money is used to provide the goods and services that the masses of this country needs. Let us ensure that the tax money is working for the stakeholders, the taxpayers.” Commenting on the taxes, Head of Tax and Corporate Advisory Services at PwC Nigeria, Taiwo Oyedele stated the need for government to block leakages as a way of growing its usable revenue noting that imposing more taxes on businesses is counter-productive. He noted that the police trust fund levy which takes N5 from every N100,000 of net profits is a bad move and it is not in the interest of Nigerians. “You say police needs funds, that is a fact and you say let’s levy businesses so that we can fund the police, that is a very wrong move. On his part, partner & chief economist at PwC Nigeria, Andrew Nevin said there is need for government to focus on the top echelon of the Nigerian society and make sure they pay taxes first, instead of imposing new taxes on middle class citizens and creating administrative bottlenecks for businesses.   Source:  Leadership

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Folorunso Alakija reacts to VAT increment

Executive vice Chairman of Famfa oil has described the planned increased of the Value Added Tax (VAT) from its current 5 per cent to 7.5 per cent by the federal government as a threat to entrepreneurs in the country. The Federal Executive Council (FEC) had approved the increment of the VAT to 7.5 per cent from 5 per cent. The Minister of Finance, Budget and National Planning, Zainab Ahmed disclosed this to state house correspondents at the end of the cabinet meeting on Wednesday, September 11, 2019. Alakija, who is the richest woman in Africa disclosed this in an interview, noting that if the proposed VAT increment should be fully implemented, it will be difficult for entrepreneurs that operate within the shores of the country to make money. “Increasing VAT will make it more difficult for entrepreneurs to be able to make as much money as they would have liked to. But it is also what the government need for nation-building, because it is tax that the government earns as income. Without tax, no government can really stand on its legs. So long that it is being ploughed back into the areas where they are needed, and they are not growing wings.” If approved by the federal lawmakers, the new VAT rate will take effect in 2020. In Nigeria, VAT replaced the sales tax in 1994 and was pegged at 5 per cent by the military government of Sani Abacha. In 2007, former President Olusegun Obasanjo increased VAT to 10 per cent on the eve of his departure from office but it was reversed by his successor, Umaru Musa Yar’Adua, following opposition from the Labour Unions. Meanwhile, it is important to note that despite wide criticisms that have greeted both the VAT increment, the Federal Government considers the move as the most potent channels to meet the new minimum wage implementation.   Source: Blueprint

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Tax tribunal not extension of FIRS

Chairman,  Tax Appeal Tribunal for the South East zone, Chukwuemeka Eze, has asked people and businesses with issues against tax authorities to approach the tribunal with their cases, assuring they would be adjudicated dispassionately. Eze said the tribunal was established by the Federal Ministry of Finance to deal on matters arising from taxation, and was committed to serving people without bias. Speaking at a stakeholders’ interactive forum on challenges and solutions of tax administration held in Enugu, yesterday, in partnership with the South East Chamber of Commerce, Industry, Mines and agriculture (SECCIMA), Eze warned petitioners that the tribunal was not susceptible to inducements and would continue to treat appeals before it on their merits. He also said that the tribunal was not an extension of the Federal Inland Revenue Service (FIRS). “We don’t take bribes, yes you can’t settle us. There are instances that even the government and their agencies have lost petitions brought to us,” Eze said. He regretted that for several years, Nigeria had relaxed on taxation as a source of revenue, and instead relied more on incomes from the sale of crude oil. Eze, said any serious society desirous of development must be tax conscious as it is major revenue source of income. Chairman of Enugu State Board of Internal Revenue Service, Emeka Odo said the poor hardly pay taxes, and that it is the rich that have businesses, and properties that are captured to pay taxes. “We are looking for how to increase tax net in Enugu so that more people can pay taxes,” said Eze. “If you must enjoy social services in the state, you should pay tax and obtain your Enugu State Benefit Number (ESBN). If you don’t have income, we won’t tax you, but if you have, we will tax you,” he added.   Source: The Sun

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Tax tribunal resolves N10bn evasion cases

The Tax Appeal Tribunal, North West Zone, said it has resolved nine out of 13 cases worth over N10 billion in the past nine months. Chairman of the tribunal,  Umar Adamu, disclosed this at a stakeholders forum in Kano State. While admitting  that most of the cases were adjudged in favour of tax payers, he revealed that 11 of the cases were from Kano State. He explained that the tribunal was established in 2010 in accordance with section 59 (1) of Federal Inland Revenue (FIRS) establishment Act of 2007 as dispute resolutions centre between the taxpayers and tax authorities. “The act empowered the tribunal to adjudicate on all tax disputes arising from operations of the various tax laws as spelt out in the Fifth schedule to the FIRS establishment act 2007 and personal income tax amendment act 2011” he stated. Kano State Deputy Governor, Alhaji Nasiru Gawuna, who was a special guest at the occasion, directed the state Internal Revenue Service (KIRS) and local government revenue committees to take advantage of the tax tribunal. He stressed that the state government would explore all avenues provided by the tax appeal tribunal to quickly resolve tax matters in the state.   Source: The Sun

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Matters Arising On VAT

It was in the news last week, that the Federal Government of Nigeria is planning to increase the Value Added Tax rate (VAT) from 5% to 7.5% – a proposed fifty percent increase. Some have harangued that the increase is justified because the rates applicable in other jurisdictions is as high as 20% in the EU, and averages 19.3% amongst OECD member States (although it could be as low as 7.7% in Luxembourg). Some have also argued that increasing the VAT rate is a means of shoring up the revenue base of the tiers of government so that they would be able to meet the minimum wage obligations. The need to either shore up the federally collected revenues became even more imperative as the mid-year review of the 2019 budget performance showed that VAT collections fell by 15% when compared with 2018 due to insecurity in the country leading to fall in industries’ capacity utilisation with a knock-on effect on consumers’ purchasing powers. For this proposal to be operationalised, it would have to be passed into an Act by the National Assembly. How is VAT supposed to operate? In the OECD environment inclusive of the EU, the VAT operates on the principle that it is the final consumer that bears the burden of the tax.  For instance, consider a value chain consisting of six (6) economic agents in that order thus: the farmer, wholesalers of farm produce, manufacturer of raw materials, manufacturer of finished products, retail shops, and the final consumers. Each of them is to charge VAT only on the value being added and at the same time recovering all the VAT paid on inputs. In essence, each economic agent in the chain charges 5% on the value being added. Ultimately it is the final consumer that bears the VAT burden which, when added together, will equal an effective rate of exactly 5% of the final price paid. This is what is known as the Income Model of VAT.  Contrariwise, Nigeria’s VAT regulator, the Federal Inland Revenue Service (FIRS) does not operate the Income Model but the Gross Product Model whereby each economic agent cumulatively adds 5% to the gross price charged and not the value added. Therefore, it is unjust to compare the operation of VAT in Nigeria with those of the EU.  Using the case study illustrated earlier, the effective rate borne by final consumer could be as high as between 30 and 40% depending on the length of the value chain, making Nigeria one of the highest VAT levying jurisdictions in the world. Adding the incidence of the sales tax being levied by some State governments to the VAT, then one sees clearly the reason why Nigeria’s business operating environment may not be beneficial to the manufacturers. If the proposed 50% VAT rate hike is implemented, it is likely to have immediate inflationary implications which could worsen the already precarious unemployment situation, which often come hand-in-hand with other unintended negative social costs.  So how can government generate additional revenue to plug the holes in public finances occasioned by the falling VAT receipts?  We believe this is an opportunity to rethink the whole taxation system to make it focus on encouraging local production and employment, encourage long-term economic growth through the widening of the tax base as well as reflecting the true federal status of Nigeria. For instance, in Canada 13% VAT is charged locally, out of which 5% goes to the federal centre whilst the respective regions keep 8%. Similar model could be replicated in Nigeria whereby the respective State Internal Revenue Service (SIRS) administers VAT and remits an agreed percentage to the central government. This is likely to increase the aggregate VAT collectible since it would be locally driven.  This year, Ghana embarked on aggressive tax reforms which moved from a focus on taxation to encouraging local manufacturing. VAT has now been abolished on many items such as sale of real estate, equity shares, financial services, and airline tickets. In addition, they have reduced significantly, the VAT payable by SMEs from 17.5% to a flat rate of 3%. They are also in consultation with ECOWAS to abolish all import duties on raw materials and machineries imported into Ghana.  It would be shocking if the managers of the Nigerian economy have not considered the implications of these on the long-term flow of capital within the ECOWAS region. Pending when a time long-term solution is found to the punitive Gross Income Model and the centralised administration of VAT which had been largely inefficient, perhaps the FIRS could increase VAT on luxury items to 15%, and leave the rate at 5% for the other items. Proposing a uniform increase on VAT rate across board may be a lazy approach to fiscal policy management, and may make Nigeria to be further disadvantaged in attracting foreign investment given the state of energy and security. In 2007 shortly before the departure of the President Obasanjo regime, a 100% hike in VAT rate to 10% flat rate was operationalised. It was however reversed immediately the President Yar’Adua government settled down as the proposal was not passed into law by the National Assembly. The same fate may attend this proposed hike if the manufacturers’ association and the Labour union are able to convince the lawmakers to reject the bill.   Source: Proshare

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Cleric tackles Osun’s alleged church tax plan

The leader of Sufficient Grace and Truth Ministry, Okinni, Osun State, Bishop Seun Adeoye,   has alleged that the state government is planning to tax religion houses in the state. Addressing a press conference in Osogbo, Adeoye, who is spokesman for the African   World Bishops Council, said on Wednesday that the state Internal Revenue Service had compiled a  list of religious centres preparatory to asking them to pay tax. He said an IRS official gave the hint in a programme he monitored on Osun State Broadcasting Service on Tuesday. The cleric insisted that religious centres, especially churches,  were not business centres. He said churches had practically taken over the duty of government by taking care of needs of the underprivileged residents. Adeoye said,  “Our churches today are like Internally Displaced Persons’ centres where food items and clothing are being distributed to people neglected by the government. “Some of us have, in the past eight years, cried out about what we observed as uncontrolled stealing of public funds, capital flight, phantom projects and unrestrained appetite for all manner of loans by this government,  but some people saw us as enemies of the immediate past administration on  which  foundation Governor Gboyega Oyetola is laying new bricks. “After overstretching all sectors in its aggression to rake in money for its failures, the state government now resorts to taxing religious centres. This will be the first and the only state such is happening. “Let Oyetola understand that this move is a call to war and some of us are ready to fight with every legal means. Already, I have started mobilising people towards this direction.” But the  Chairman, Osun Internal Revenue Service, ‘Gbite Ademikanra, denied the allegation. Ademikanra said the state government was only planning to ensure that people working at religious centres pay tax. He also said private primary school owners would be asked to remit payroll taxes. The IRS chief said income-generating outfits attached to the religious places would be taxed. “The cleric (Adeoye) misunderstood us. It is not true. What my director said on the programme he watched was that employers of religious centres are supposed to be remitting the taxes of their workers. “We won’t tax religious centres, but people drawing their salaries from religious centres must pay tax to government. Also, commercial outfits attached to religious centres must pay tax. For instance, a shopping complex owned by a religious centre should pay tax to government.”   Source: Punch

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How Nigerian govt can make citizens pay more tax – Bill Gates

Bill Gates said Nigeria has one of the lowest tax-to-GDP ratio in the world. The co-founder of the Bill and Melinda Gates foundation said the government has to win the confidence of the people. Gates said this will allow the people pay more tax knowing it is for development The co-chair of the Bill and Melinda Gates Foundation, Bill Gates, has asked the Nigerian government to win the confidence of the citizens in order to get them to pay more tax. The Cable reports that Gates said without the credibility of the government, Nigerians will not pay tax. He said Nigeria tax-to-GDP ratio was small and should be raised but this must be done with the confidence of the people on the government. According to him, if this is not done, the government can get into trap where citizens don’t feel like paying and won’t be supportive. He said: “One challenge that Nigeria has is that the amount of money that the government raises domestically is quite small compared to other countries. “A lot of countries at that level will be raising closer to 15 percent of GDP and Nigeria is one of the lowest in the world down at about 6 percent. And so, it is a huge challenge that when you want to fund infrastructure, health, education, all those things, that over time the tax collection, the domestic resources are going to have to go up quite a bit. “That’s a long-term effort and I think partly by making sure the current resources are spent well like on primary health care, you gain the credibility that the citizens will say, okay, we want more of these things.” Gates said Nigeria remains a priority for the foundation and made reference to the work done on polio eradication. He said: “Nigeria is a super-important country and one that the foundation has an office there. We did a lot of work in Nigeria on polio and we learned a lot doing that. Nigeria has gone almost three years now without having a polio case. “The biggest priority we have, although making absolutely sure we’re done with polio remains a big priority, now we’re able to focus even more on the primary health care system.” Meanwhile, the PDP advised the federal government to reverse its decision to increase the Value Added Tax (VAT) from 5% to 7.2%. The party in a statement issued by its national publicity secretary, Kola Ologbondiyan, on Thursday, September 12, in Abuja said that the PDP rejected the decision. Ologbondiyan said that Nigerians could not bear such burden under the prevailing economic situation. Rekindle public confidence in judiciary, Gov Okowa urges judicial officers “The PDP insists that the decision to increase VAT on already impoverished citizens is in bad faith and cannot be justified under any guise.”   Source: Legit

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Kano set up tax tribunal to resolve disputes

Kano State Governor Dr. Abdullahi Umar Ganduje said his administration would explore avenue provided by the Tax Appeal Tribunal to ensure quick resolution of tax matters in the State. He stated this on Monday while declaring open a one-day Stakeholders’ Forum organized by the Tax Appeal Tribunal Northwest Zone, held at Tahir Guest Palace. Ganduje represented by his Deputy Dr. Nasiru Yusuf Gawuna noted that the need for timely and correct payment of tax by all taxpayers is a civic responsibility that should be encouraged at all levels. “It is clear that all over the world, taxes, levies and charges constitute the most sustainable sources of revenue to Government for executing development projects. Where they are not paid, Government has to resolve to legal options of filling cases against defaulters at the tax appeal tribunal for adjudication. “So, as Government uses revenue from tax sources to execute major programmes and projects in the areas of education, health, skills development, agriculture and infrastructure for the wellbeing of the good people of Kano, a high sense of responsibility is develop “. The Governor said Kano State Government had taken full advantage of the jurisdiction factions of the Northwest panel of the Tax Appeal Tribunal. “Out of the thirteen cases inherited by the Tribunal after its inauguration on November 5th 2019, records have shown that eleven of the cases came from Kano State Government. Out of the eleven, nine cases have been amicably resolved and settled “. In strengthening this substantial progress achieved by the State on tax appeal tribunal, Ganduje said it will further encouraged the State Internal Revenue Service and Local Government revenue committees to present all unresolved revenue cases to the tribunal. The Governor however called on the Stakeholders to actively participate in the interaction to utilise the opportunity provided, adding that the State through its Internal revenue service would embark on sensitization campaign to create awareness on the tax appeal tribunal. Earlier, the Chairman Tax Appeal Tribunal, Northwest Zone Barrister Umar M. Adamu explained that the forum aims at bringing together taxpayers, tax authorities and tax practitioners from the three tiers of Government to discuss issues pertaining tax and tax tribunal. Umar explained that Tax Appeal Tribunal was created by law under section 59 of the Federal Inland Revenue Service establishment act of 2007 which serves as disputes resolutions mechanism between the taxpayers and tax authorities. “When it comes to rendering its judgement, all what the tribunal is care about are the substances of the cases before it,” he assured. During the one day Stakeholders Forum, Professor Kabiru Isa Dandago of Bayero University Kano presented a paper on’ Mission and Vision of Tax Appeal Tribunal.   Source: News Bay

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BIRS Vacate Mu Head Bridge Illegal Tax Point

In furtherance of its resolve to eradicate illegal tax points in the state the Benue Internal Revenue Service(BIRS), in collaboration with the Nigeria Police vacated the illegal tax point at Mu head bridge in Makurdi. The operation which saw the destruction of the checking point which served as the operation point for the hoodlums, was carried out this afternoon. Although no arrests were made, as the culprits fled on sighting the Tax force, the check point was completely destroyed to ensure the illegal activities of the extortionist is put to an end. BIRS has further enjoined members of the public to report any illegal checking point and tax activities to enable the board sanitize the Tax system in the state, while thanking those who have already volunteered information. Meanwhile the Executive Chairman BIRS, Mr. Andrew Ayabam has reiterated that all taxes Must be recieved via Point of Sales machines or through BIRS recieving accounts aavailable in all commercial banks operating in the state.   Source:   Green box

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Lagos says only 700,000 of 4.8m registered taxpayers remit taxes

Lagos State Government has revealed that of the 4.8m registered taxpayers only about 700,000 are paying. It, therefore, implored residents to perform their civil responsibility of paying taxes, alongside actively participating in the governance process. The Commissioner for Economic Planning and Budget, Mr. Samuel Egube stated this at the Year 2020 Budget stakeholders’ meeting for Lagos Central Senatorial district. At the forum were representatives of community and professional associations, traditional rulers and civil societies. Egube stated that government policies and programmes would not make the needed impact if the citizens and those in government failed to interact and engage. According to him, it was the reason the state government felt in preparing the 2020 budget for the state, it should go round the three senatorial districts to get inputs of residents in drawing up the state projects and programmes for the budget. “This forum did not hold for two years but our belief is that we are servants of the people and we get to government through them, reason their opinions and voices must be reflected in the policies of government.” The Special Adviser, Economic Planning and Budget, Mr. Adebayo Sodade said the 2020 budget is being designed to be people-oriented to ensure a Lagos that works for all, irrespective of age, gender, tribe or status.   Source: Guardian

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