Tax news

SWIT Moves to Improve Tax Compliance Level

The Society of Women in Taxation (SWIT), Lagos State Chapter, has rolled out plans to enhance tax payments in the country as part of its commitment to growth and development. The society disclosed this during the investiture of its third  Lagos state chairperson in Lagos, recently. Speaking, the newly sworn Chairperson, Dr. Titilayo Fowokan stated that beyond getting more women involved in tax issues,  the society was pulling all stops against tax defaults through its campaign approaches . She urged government to fully comply with the Base Erosion Profit Shifting (BEPS), agreement,  which it signed, to enable it harness its full benefits and encourage more foreign investments in the country. She added: “With the global tax drive, we have countries, including Nigeria,  now tightening their tax net, such that tax remittance cannot be escaped. At this juncture, Nigeria needs to set the right policies and provide infrastructure to complement its  convenient tax regime  so as to attract more businesses in the country. “With more foreign investment come more empowerment and employment that  would increase productive capacity which in turn increases tax space.” Managing Consultant of  Pedabo, Mr. Albert Folorunso, who delivered the investiture lecture, titled, ‘Global Tax Compliance Drive: Implications for Foreign Direct  Investment in Nigeria’,  pointed out that Nigeria was still losing a great deal despite that it signed up to most of the agreements including BEPS, double taxation as well as exchange of information agreement. He said: “For instance,  most digital activities are consumed in Nigeria, yet, they are being imported and  have no permanent establishment in Nigeria. Those activities are deemed to be carried out in Nigeria and ensure that the tax due to Nigeria should be deducted. These are some of the leakages that we should fill. “So we are saying that government should fill all loopholes to enable Nigeria enjoy reciprocal benefits from these agreements as well as fix infrastructure and every other challenge. “I mean we should continue to develop our tax, not with the fear of somebody pulling out of the Nigerian economy  because FDI is not only tied to tax regime in Nigeria.”   Source: This days

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Mind Your Tax Affairs: Administration of Consumption Tax

In classifying taxes using the tax base – the basis for assessing tax, taxes are classified as income tax, capital tax and consumption tax. Consumption tax is imposed on the consumption of goods and services. Consumption tax are usually described as Value Added Tax (VAT), Sales Tax (ST), Goods and Services Tax (GST), or simply Consumption Tax (CT). In Nigeria, Value Added Tax (VAT) is administered by the Federal Inland Revenue Service (FIRS) at the rate of 5%, while most State Governments charge Consumption Tax at the rate of 5%. Hence, Tax Payers are expected to charge VAT at 5% and Consumption Tax at 5% on the same invoice for certain transactions. Transactions which VAT and Consumption Tax are charged include – food, drinks and services purchased from hotels, restaurants, event centres, etc. It is appropriate to state that Nigeria operates multiple rates for consumption tax or VAT – zero percent, five percent, and ten percent. The Federal Executive Council has approved an increase of the standard VAT rate from 5% to 7.2% to commence in 2020 after the National Assembly must have amended the VAT Act. The current VAT Act was enacted in 1993 and took effect from January 1, 1994. The VAT Act is therefore long overdue for change, and some of the provisions that require change or amendment include – threshold for VAT, defining offsetable input VAT for services, monthly filing of VAT returns, offences and penalties, etc.   Source:  Insight Scoop

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Value Added Tax

MIXED reactions on Thursday trailed the 7.2 per cent Value Added Tax (VAT) proposed by the Federal Executive Council (FEC). The Chartered Institute of Taxation of Nigeria (CITN) lauded the increase, saying it was long overdue. According to the institute, the proposal will help government to realise its developmental objectives. But, the Manufacturing Association of Nigeria (MAN) faulted the timing, saying it is inappropriate. The association said the step will spur spontaneous increase in price of goods and services. However, the President of the Chartered Institute of Taxation of Nigeria (CITN), Dame Olajumoke Simplice, defended the new rate, urging the government to sustain it. Speaking on Thursday with The Nation, she said despite the increase, Nigeria’s VAT is still one of the lowest in the world, adding that the new rate should be pegged at 7.5 per cent or 10 percent. Noting that the last VAT review was 25 years ago, she said Nigeria has the lowest VAT rate in the ECOWAS sub-region. According to the CITN boss, the VAT review should take place every five years, stressing that it should be tax on consumption. She said: “VAT is a tax on consumption and is only paid when you consume goods or pay for services. Nigeria’s decision to raise VAT is good for its trade relations with other countries. Besides, VAT is very easy to collect and should be utilized for development of the economy.” Simplice said government should also be held accountable for the funds from the VAT are spent. In her view, the funds should be judiciously used for developmental projects. Acknowledging that the new VAT rate will increase prices of goods, she said manufacturers will pass the effects to consumers. Simplice advised tax payers to form pressure groups to monitor tax revenue spending and ensure accountability on the part of government. The International Monetary Fund (IMF) has consistently advised Nigeria to raise its VAT and channel the funds to developmental projects and budget funding. At the conclusion of the IMF 2018 Article IV Consultation with Nigeria , its Executive Board emphasized the need for a growth-friendly fiscal adjustment, which front-loads the non-oil revenue mobilisation and rationalises current expenditure to reduce the ratio of interest payments to revenue to a more sustainable level and create space for priority social and infrastructure spending. The board said: “In addition to ongoing efforts to improve tax administration, directors underlined the need for more ambitious tax policy measures, including reforming the value added tax (VAT), increasing excises, and rationalising tax incentives. Speaking on tax reforms at the Fiscal Monitor Session of the event, IMF Assistant Director, Fiscal Affairs Department, Cathy Pattillo, said tax reform in Nigeria was important. She said IMF’s main recommendation for Nigeria is the need for a comprehensive tax reform that would sustainably increase non-oil revenue. Pattillo added: “The reason why that is needed is that Nigeria has one of the lowest ratios of non-oil revenue to Gross Domestic Product (GDP) at around 3.4 per cent in the world. And the total tax revenue to GDP at six per cent is also very low compared to peers”. She said that the interest to tax ratio is low, adding that the funds realised should be spent on important developmental projects, including infrastructure and human capital. She also advised Nigeria increase excise taxes, and begin aggressive streamlining of tax incentives and exemptions. MAN said although, government should generate more revenue to fund its developmental initiatives, owing to declining revenue from oil, the timing was inappropriate because the minimum wage of N30, 000 has just been agreed upon. MAN Director-General Segun Ajayi-Kadir said in a statement that the increase could send a wrong signal that the government was not sensitive to the plight of the low- and middle-income earners, who are in the majority. He also said it was a case of government taking back what was given with the right hand through the National Minimum Wage with the left hand through the increase in VAT. Ajayi-Kadir said the economy had just recently exited recession, with the fragile growth rate of less than two per cent recorded in 2018, which should be delicately managed. He said Nigeria’s precarious macro-economic condition required palliatives that would improve investment and not higher tax burden. Ajayi-Kadir said: “The prevailing high lending rate, double digit inflation, low per capita income, high unemployment rate and a low 1.91 per cent growth rate amidst 2.6 per cent population growth rate that are already cumulatively limiting competitiveness could be further worsened.” The DG also said the burden of the VAT increase will be shifted to consumers that are already struggling, adding that the economy will experience demand crunch, while inventory of unsold items would soar. He said the profitability of manufacturing concerns will be negatively impacted, while many factories will witness serious downturn or wind down operations. Ajayi-Kadir added: “This will also worsen the already high unemployment position of the country, which is above 23 per cent, as Nigerians currently employed by manufacturing concerns and other businesses may join the reserved army of unemployed and further bloat the unemployment rate in the country.” He advised the government to widen the tax net rather than increase the rate to meet the growing need for more revenue to address the development objective of the country. Ajayi-Kadir added: “There is also the need to harmonize taxes/levies/fees payable by businesses in the country so as to attract more investment that would translate to higher productivity and more tax revenue for the government in the medium and long term,” it counseled. Rejecting the new rate, the People’s Democratic Party (PDP) in a statement by its spokesman Kola Ologbondiyan, said Nigerians cannot bear the burden of the increase, given the prevailing agonising economic situation.   Source: Within Nigeria

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Iyabo Ojo laments N38M income tax from LIRS

Nollywood actress, Iyabo Ojo is almost at the verge of shutting down her shop over excessive Taxation by Sanwo Olu’s goverment in Lagos State. The movie star took to her Instagram account late on Thursday night, September 12, 2019, to lament the tax debt levied on her by the Lagos state tax agency. In a long post on Instagram – which has now been deleted – with a picture of the tax papers, Ojo says she’s currently contemplating shutting down her Fespris chain of businesses. The ‘Arinzo’ star says after struggling to make little or no profit from her businesses, she’s been slammed with the outrageous tax papers. The single mother tagged the Lagos State governor, Babajide Sanwo-Olu in the post where she wondered how the tax officials arrived at the sum for her Personal Income Tax. Iyabo Ojo also revealed that the remuneration from acting is unbelievably poor saying, ‘…or is it from my acting that we are poorly paid.’ She said: “ Well! it’s so sad that I may have to finally close down my business soon ….. because I don’t even know how or where to start this negotiation with Lagos State from, I’m still struggling with making profit, after paying rent, salaries, maintenance, electricity, local & state govt taxes in different categories & levy, I hardly make little or no profit …. My fellow Nigerians I have been asked to pay almost 38m for my Income tax to Lagos state. ALMOST 38M NAIRA ……… Personal income bawo? #Lagosstate how? 2014 – 2017 I was still struggling with my small business in Ikeja like I’m still even doing now or is it from my acting that we are poorly paid or from where now? pls can someone help me explain how they arrive @ this calculations, almost 38m naira, please you people should kuku sell me, my self & I i dont even know where you want me to get this kind of money from ……. E ma gba mi ke @jidesanwoolu ni bo ni mo ti fe ri iru owo to po to yii? seriously I’m not understanding @ all o, I be single mother with plenty bukata oooo, I’m confused ……….. retiring looks like the next option, bcos doing business is very frustrating in Nigeria.” Iyabo launched her business line in 2016 with the name Fespris. The business line had a spa, salon, facials in its kitty. In 2019, a restaurant and lounge were added to the business line.   Source: Pulse

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FG reveals what banks will do to accounts of tax defaulters

Federal Government has given a 30-day window to high profile tax defaulters to regularise their tax status with the Federal Inland Revenue Service (FIRS), failing which they risk forfeiting the tax equivalent directly from their bank accounts to the Federal Government The FIRS Executive Chairman, Tunde Fowler, dropped the hint on Thursday when he appeared as a guest on the Nigerian Television Authority (NTA) programme – Platform. He said that banks have been instructed to “sweep the accounts of tax defaulters into the Federation Account after 30 days.” According to Fowler, bank accounts of the identified defaulters have been put on lien. The FIRS boss noted that since the bank lien on tax defaulters’ accounts was initiated 60 days ago, the Service has granted an additional 30 days – making it 90 days – for the defaulters to regularise their tax status. He said the FIRS has written 23,000 letters to high-profile tax defaulters, whose names appeared on its list of defaulters. Some of the letters, he said, have not been delivered because the addresses of the defaulters may have changed. “The FIRS is determined because the Service is backed by law to sweep the equivalent of what such tax defaulters owe into the federation account. “At the end of the 90 days, banks will be asked to sweep the tax owed into the Federation Account,” he warned.   Source: Daily post

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Limitation Period And Validity Of Some Taxes And Levies

In 2017, ASBIR conducted a tax audit on Polaris Bank. Subsequently, the Board issued the Bank with a demand notice accompanied by a tax assessment for payment of outstanding taxes and levies comprising of Withholding Tax (WHT), Pay as You Earn (PAYE), Development Levy, Business Premises Levy as well as interest and penalties for under remittance of its tax liabilities for 2006 – 2011 tax years. The Bank objected to the assessment and subsequently appealed to the TAT. One of the major issues for determination at the TAT was whether ASBIR was entitled to collect penalty and interest based on the demand notices served on the Bank. The Tribunal held that Polaris Bank was not liable to taxes (including interest and penalties) on the assessment because the period assessed (2006 – 2010) exceeded the six years audit period allowed for tax authorities to make additional tax assessments pursuant to Section 55 of PITA. On whether the assessments were final and conclusive, the TAT held that the tax assessments by ASBIR were not final and conclusive because the Bank made a valid objection to the assessment within 30 days from the date the assessment was made as required under Section 68 of PITA. With respect to the Development Levy and Business Premises Levy, the TAT held that the ASBIR could not collect the levies because there was no primary tax legislation which provided for the imposition of the levies by the ASBIR. The Tribunal noted that the Taxes and Levies Act is not a primary tax legislation and also emphasized that the fact that Polaris Bank had paid the levies in the past would not make them liable for the levies.   Source: Mondaq

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Challenges for global taxation

The digital transformation of the global economy and the shift towards a user-based digital market that has been primarily driven by the evolution of the internet and the increasing interconnectedness that it facilitates between people and multinational enterprises (MNEs) create significant tax challenges for all jurisdictions and for international taxation. The tax challenges relating to the digitalisation of the economy and in particular the fact that many MNEs have reduced their effective tax rate significantly (via the exploitation of the existing ‘nexus’ rules through targeted international tax planning) by shifting profits to low (or no) tax jurisdictions, rather than paying their share of taxes in the jurisdictions where value is created, have been a key aspect of the Base Erosion and Profit Shifting (BEPS) Action Plan implemented by the Organisation for Economic Cooperation and Development (OECD). The main challenge that the OECD aims to address is the one that relates to the existing “nexus” rules that allocate the right to tax the profits of non-resident enterprises to the jurisdiction where these profits are sourced and where physical presence exists (i.e. through the creation of a permanent establishment). The profit allocation as per the existing “nexus” rules is based on the arm’s length principle and the authorised OECD approach by focusing on the concept of “significant people functions” which looks at the functions performed, assets owned and risks assumed by the non-resident enterprise. Until recently, the existing “nexus” rules were perceived by many international tax experts as the most appropriate method to allocate taxing rights to the jurisdictions where the physical and economic substance is created. However, they are now rendered as obsolete, since they are not effective when it comes to the allocation of taxing rights for the profits that arise as a result of the value created from the exploitation of data and user participation, which are the main characteristics of the new highly digitalised business models. Further to the OECD BEPS Action Plan and the need to address the aforementioned tax challenges relating to the digital economy, the EU Commission issued several proposals for directives on a revenue-based “digital services tax” and the introduction of a digital permanent establishment (PE) concept (also referred to as “virtual PE”). Despite the fact that the Economic and Financial Affairs Council of the EU (Ecofin) did not reach an agreement on the “digital services tax”, member states like France and the UK have recently introduced new domestic legislation which provides for a “digital services tax”. While such an initiative may be a step in the right direction, it creates further challenges. Unilateral tax measures facilitated by the application of a revenue-based “digital services tax” will result in double taxation for MNEs, which cannot be relieved under the existing provisions of double tax treaties. In order to address the aforementioned issue and ensure that the sustainability of the international framework for the taxation of cross-border activities is not undermined, it is imperative to reach consensus at an international level. This is also stressed in the programme of work recently published by the OECD/G20, as part of an initiative to develop a solution to the tax challenges arising from the digitalisation of the economy. According to the programme, the aim of the OECD/G20 is to develop a consensus-based solution by the end of 2020, which will be based on the revision of the existing profit allocation and nexus rules and the design of a system to ensure that MNEs pay a minimum level of tax, in an attempt to prevent base erosion and profit shifting.   Source: Global News

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French issue Google with billion dollar tax bill

Google is to pay French authorities almost €1billion ($1.7b) to end a long-running investigation into its taxes. No caption The settlement includes a €500m ($NZ862.8m) fine and additional taxes of €465m ($802.4m), but it is less than the tax bill authorities had accused Google of evading. It rounds off a four year investigation that saw authorities raid Google’s Paris headquarters in 2016. Investigators said Google owed about €1.6b ($2.67b) in unpaid taxes amid a wider crackdown on tax planning of big firms. French authorities had been seeking to establish whether Google, which has its European headquarters in Dublin, failed to declare some of its activities in the country. The search giant, which is part of Alphabet, pays little tax in most European countries because it reports almost all of its sales in Ireland. It is able to do that thanks to a loophole in international tax law. However, that loophole hinges on staff in Dublin concluding all sales contracts. The agreement allows Google “to settle once for all these past disputes,” said Antonin Levy, one of the firm’s lawyers. In March, the EU hit Google with a €1.5b ($2.59b) fine for blocking rival online search advertisers and last year the European Commission levelled a record €4.3b ($7.4b) fine against the firm over its Android mobile operating system. In January, France fined Google €50m ($86.28m) a breach of the EU’s data protection rules.   Source: BBC

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FG issues 30-day ultimatum to tax defaulters

Federal Government has given a 30-day window to high profile tax defaulters to regularise their tax status with the Federal Inland Revenue Service (FIRS), failing which they risk forfeiting the tax equivalent directly from their bank accounts to the Federal Government. The FIRS Executive Chairman, Tunde Fowler, dropped the hint on Thursday when he appeared as a guest on the Nigerian Television Authority (NTA) programme – Platform. He said that banks have been instructed to “sweep the accounts of tax defaulters into the Federation Account after 30 days.” According to Fowler, bank accounts of the identified defaulters have been put on lien. The FIRS boss noted that since the bank lien on tax defaulters’ accounts was initiated 60 days ago, the Service has granted an additional 30 days – making it 90 days – for the defaulters to regularise their tax status. He said the FIRS has written 23,000 letters to high-profile tax defaulters, whose names appeared on its list of defaulters. Some of the letters, he said, have not been delivered because the addresses of the defaulters may have changed. “The FIRS is determined because the Service is backed by law to sweep the equivalent of what such tax defaulters owe into the federation account. “At the end of the 90 days, banks will be asked to sweep the tax owed into the Federation Account,” he warned.   Source: Timely post

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CSJ urges FIRS to expand tax net

CENTRE for Social Justice (CSJ) has asked Federal Inland Revenue Service (FIRS) to expand the tax net for the proposed increase in the rate of Value Added Tax (VAT) to meaningfully impact on the economy. “The way forward is to ensure that all persons liable to VAT, collect and remit the same to the appropriate authorities,” CSJ said in a statement made available to Tribune Online. The statement endorsed by Lead Director, Eze Onyekpere Esq commended the decision to increase in VAT from the current rate of five per cent to 7.2 per cent. “This will increase available resources for budget implementation and development across the three tiers of government. “We recall that Nigeria’s tax to gross domestic product (GDP) ratio is one of the lowest in the world and indeed in the West African sub-region.  “We further recall that Nigeria’s VAT rate is one of the lowest in the sub-region.   Source: Headlines

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