Tax news

VAT is a consumption tax, only payable by choice

“What that means is, if A wants to impress B, and takes B to eat at the Transcorp Hilton, A will pay VAT for services enjoyed. This is because of the environment. “The cost of the Coca Cola they will drink at Transcorp Hilton at N1,000 could have been bought at N100 in any supermarket without paying any VAT. “Also, A can buy chicken, with all the ingredients in the market, cook it and eat without any VAT. But, instead of spending N5,000 for that meal, if A decides to go to the Transcorp Hilton and spend N20,000, then A must pay VAT. It is a choice A has to make. The only exemption for VAT are items required by everybody, regardless of choice. There is no VAT on those. Items like education, medical etc. These are things that, regardless of choice, one is expected to have. But, if one decides to buy a brand new car, one will be expected to pay VAT. The next question is what VAT is used for? About 85 per cent of VAT goes to state governments that cannot pay salaries or provide good roads or primary healthcare, despite being their constitutional responsibilities to do. If they do not have the funding, either through the pay-as-you-earn (PAYE), personal income tax, or VAT, then they can’t do it. VAT is a personal choice. The same Nigerians go to Ghana, South Africa, England and pay VAT three times the amount they pay in Nigeria. Or they go to Dubai and pay the same amount collected in Nigeria.   Source: Global News

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Pension, tax fraud whistleblower arraigned for false alarm

The Economic and Financial Crimes Commission, on Tuesday, arraigned a whistleblower, Lord Edem, before the Lagos State High Court in Ikeja for raising a false alarm over an alleged N700m pension and tax evasion fraud. Edem was arraigned before Justice Hakeem Oshodi on one count of making a false statement to a public officer. He pleaded not guilty to the charge. It was gathered that Edem provided false information to a public officer and the EFCC about the involvement of a company, where he was an employee, Starsonic and Sacvin Group of Nigeria, in a pension and tax evasion fraud. According to the EFCC prosecutor, S. O. Daji, the defendant claimed that the management and staff of the company were involved in massive pension fraud, tax evasion and other fraudulent activities to the tune of N700m. He added that the defendant committed the offence on August 7, 2019. The offence was said to contravene Section 96 (a) of the Criminal Law of Lagos State, 2011. Justice Oshodi, a vacation judge, ordered the remand of the defendant in prison, while the case file be returned to the registrar for re-assignment.   Source: Punch

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Why is it struggling to meet its tax targets?

Nigeria could be facing a fiscal crisis if it doesn’t improve its ability to collect taxes, the authorities have warned. Government expenditure has doubled and debt servicing costs have grown, but revenues have missed their targets by at least 45% a year since 2015. Despite that, the Nigerian president’s office has praised the work of the national tax body,the Federal Inland Revenue Service (FIRS), for doubling the number of taxpayers since 2015. Some online users were quick to ask if that’s true, why hasn’t there been an equivalent increase in government revenue, and as a result improvements in things like schools, roads and healthcare? Getting more people to pay tax In 2018, 19 million Nigerians paid into federal or state coffers, according to government data. A World Bank report in that year put the country’s economically active population at 65 million – so even with rising numbers of taxpayers in recent years, that is still less than 30% paying tax. The government has been going after individuals that it believes are liable for tax and have not been paying. Two years ago, the country offered a 12-month amnesty for Nigerians to declare and pay taxes on all previously undeclared income and assets to avoid penalty payments and possible prosecution. A World Bank report last yearsaid this was only partly successful with just 8% of the target achieved by the end of the amnesty period. However, many Nigerians will be reluctant to pay taxes because of concerns the money raised may be siphoned off instead of being spent on health, education and other public services. Oil price goes down. The big issue facing the government has been lower international oil prices and the recession experienced by the Nigerian economy in 2016. The average price of crude oil fell from around $113 a barrel in 2012 to just over $54 in 2017. Nigeria is Africa’s largest oil producer and between 2012 to 2014, the oil sector provided 57% of total government revenue. This fell to 41% between 2016 to 2018. The government says that value added tax (VAT) and company income tax have been on the increase since 2015. But a UN report this yearshowed that in 2018, Nigeria’s estimated VAT gap – the shortfall between potential and actual VAT collections – was one of the largest in Africa. VAT gap in selected African countries. Nigeria also says it is intensifying measures to collect tax from new revenue streams, such as online transactions. It has said it will ask banks to charge tax at 5% on online transactions, both domestic and international, from January 2020. A report this year by Oxford University’s Oxford Martin Schoolestimates that non-oil revenues have risen but adds that much of the gain has been wiped out by inflation and currency movements. How does it compare globally? According to some estimates, Nigeria has one of the world’s lowest ratios of tax to GDP. That is the total amount of tax collected as a proportion of GDP – the value of the country’s goods and services. In 2016, it was at 6%, going by figures from the Organisation for Economic Co-operation and Development (OECD), a grouping of the world’s leading market economies. That is the latest year for which data is available. The tax-to-GDP ratio in South Africa was 29%, Ghana 18%, Egypt 15% and Kenya 18%, says the OECD. The average for OECD members – which includes all the advanced economies – was 34%. The World Bank uses a slightly different measurement of tax take, which does not include most social security payments. This puts Nigeria’s tax-to-GDP ratio in 2016 lower at just 3.4%. In 2017, the ratio did improve to 4.8%, according to figures provided to us by the Nigerian authorities. We don’t have a figure for 2018, but it is worth pointing out that 15% is the levelwhich the World Bank says is necessary to achieve economic growth and poverty reduction. How do you improve tax take? Many other developing countries have a low tax-to-GDP ratio and recent data indicates that about 60 countries fall below the 15% threshold. Bernardin Akitoby, an assistant director in the IMF, says a typical advanced country has a tax to GDP ratio of around 40%. Mr Akitoby says there is no one-size-fits-all solution to increase the tax take – but there are a few lessons that can be drawn from countries that have been successful in the past:   Source: The constable

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TAX AUTHORITIES CANNOT IMPOSE ARBITRARY ASSESSMENTS ON A TAXPAYER

UPDATE! Recently, the Tax Appeal Tribunal (TAT) sitting at Enugu held that due process must be followed by tax authorities in demanding payment of taxes from taxpayers. This decision, made in the case of Polaris Bank PLC v Abia State Board of Internal Revenue (ABIR), reassures taxpayers that the tax authorities cannot impose demand notices on them, out of the blue. FACTS In this case, Polaris Bank received a demand notice for Pay As You Earn (PAYE), Witholding Tax, etc. from the ABIR after ABIR completed a tax audit on Polaris for the years 2006 – 2011. Polaris made an objection to the demand notice but later paid a part of the demanded taxes. ABIR later sent Polaris further demand notices and letters, giving Polaris seven (7) days in some instances and 48 hours in other instances, to pay up different taxes. ABIR stated that failure to pay the demanded sums would make the amounts final and binding on Polaris.   Source: The tax vile

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VAT hike will kill businesses, shrink GDP – Experts

Experts and groups such as the Nigeria Employers’ Consultative Association have said the recent increase in the Value Added Tax rate from five per cent to 7.2 per cent will lead to closure of many businesses. The Head of Tax and Corporate Advisory Services at  PricewaterhouseCoopers, Taiwo Oyedele, said the new VAT rate would shrink the GDP growth and disposable income of Nigerians. The Director-General of NECA, Mr Timothy Olawale, noted that the timing of the increase in VAT rate was wrong, stressing that the government ought to support businesses in reducing the alarming unemployment rate in the country. Recall that the Minister of Finance, Budget and National Planning, Zainab Ahmed, on Wednesday announced the VAT rate increase at the end of the Federal Executive Council meeting. Olawale, however, argued that the benefits of the recently signed national minimum wage of N30,000 would be neutralised by the proposed increase in the VAT, thus further reducing the purchasing power of the citizens. “If this new VAT rate is implemented, the purchasing power of the citizens would have been reduced, sales of goods and services will reduce and inventories for business will be high and could lead to closure of businesses that ought to be supported by government in reducing unemployment rate that is currently alarming.  “Furthermore, the benefits of the recently signed national minimum wage of N30,000 would be neutralised by the proposed increase in the VAT, further reducing the purchasing power of the citizens, leading to increase in prices of goods and services. It will result in upward movement of the inflation rate, and further contraction of the economy.” Olawale who was speaking in Abuja noted that the recently released data of the country’s Gross Domestic Product indicated a contraction in the past two quarters (Q4 2018, 2.38 per cent; Q1 2019, 2.10 per cent and Q2 2019 1.94 per cent). Rather than increase the VAT rate at this point, he said countries should be formulating fiscal policies to stimulate their economies.  “Therefore, this suggests that at this period of time, countries should be formulating fiscal measures/policies to stimulate their economies,” he stated. Olawale, who said that in the event that the government must increase VAT rate against the will of the people, it should have been limited to luxury or ostentatious goods. He also urged the government to double its efforts at expanding the tax net, reduce the income gap and improve the economy through more friendly fiscal policies and promote the ease of doing business in Nigeria. Oyedele of the PwC in a statement on Thursday said more people were likely to evade tax payment as businesses would become less competitive. At the current rate of five per cent, the PwC partner explained that the country’s VAT collection of N1.1tn in 2018 amounted to 0.9 per cent of the GDP compared to about 3.8 per cent for commonwealth and ECOWAS countries. While estimating that the government would earn additional N440bn annually from the two per cent increase in VAT rate, he said for Nigerian businesses, it meant a 40 per cent increase in VAT cost. The tax expert noted that because VAT on capital expenditure was not allowed as a credit in Nigeria, the cost of real investments would go up. On the positive side, Oyedele said, “Additional VAT revenue will help reduce budget deficits, reduce government debt and fund social services especially at sub-national level.” To avoid the negative impact of VAT, he argued that VAT should be paid according to individuals’ ability as not everyone could afford a seven per cent VAT rate. He suggested other palliative measures, saying “exempt or zero rate essential consumptions like foods, education and primary health care. The exemption should not be limited to only unprocessed food items. In other words, a VAT increase should not affect the price of bread.” “Create a VAT registration threshold to eliminate VAT compliance burden for small businesses. Allow businesses to account for VAT on cash basis rather than on invoice, which creates a cash-flow problem. Lead by example; ensure that government and all MDAs fully comply by remitting VAT collected from their contractors. Ensure transparent reporting and efficient utilisation of the revenue for public services and infrastructure.” Reacting to the proposed increase, a former Director-General, the Securities and Exchange Commission, Dr Suleyman Ndanusa, said it would affect demand for goods and services. He said companies would suffer if people did not demand for goods and services because of VAT increase. “If people do not demand for goods because of more tax burden, it will affect the companies that produce them. And if the companies that produce them are not making money, it will obviously affect their profitability and income,” he said. Ndanusa, who spoke to the News Agency of Nigeria, also noted that the timing was wrong, considering the challenges in the economy. “The timing is quite wrong. At this point in time, our economy needs to be helped by policies that will ginger more consumption and more disposable income for the masses. The paradigm for me has to change. Are we increasing tax just for the purpose of revenue or managing our fiscal policy taxation for growth? The paradigm has shifted from revenue-driven taxation to growth-driven taxation,” he said. He added that government needed to introduce incentives, reduce interest rates and pump up consumption to help the economy to grow instead of increasing taxes. “The approach must be holistic, obviously at a time like this when there is a seeming recession or coming out of recession. Government needs to pump up consumption; when you begin to tax expenditure just for the purpose of revenue, it will further dampen demand and affect businesses.”   Source: Punch

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Google to pay €1bn to end French tax probe

Google is to pay French authorities almost €1bn (£900m) to end a long-running investigation into its taxes. The settlement includes a €500m fine and additional taxes of €465m, 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 €1.6bn 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 €1.5bn fine for blocking rival online search advertisers and last year the European Commission levelled a record €4.3bn fine against the firm over its Android mobile operating system. In January, France fined Google €50m a breach of the EU’s data protection rules.   Source: BBC

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ICC warns of risk to MSME growth posed by complex indirect tax regimes

ICC has published an inaugural issues brief on World Trade Organization negotiations on the trade-related aspects of e-commerce. The issues brief – the product of extensive consultation with businesses across a range of sectors participating in or affected by the digital economy – will form part of a series of briefs by ICC to assist WTO Member States in their plurilateral negotiations in Geneva. The negotiations, now involving 80 Member States, seek to achieve a high standard outcome that builds on existing WTO agreements and frameworks. The brief, Taxation of Physical Goods in the Context of E-commerce: Avoiding Non-tariff Barriers through Simple and Consistent Design, highlights a growing concern for micro-, small- and medium-sized enterprisess (MSMEs) accompanying the impressive growth in the cross-border sale of physical goods purchased online: the propensity for Goods and Services Tax (GST) /Value Added Tax (VAT) regimes to constitute non-tariff barriers to trade unless they are designed in a simple and consistent way. The brief sets out five key recommendations for WTO Members to ensure that their GST/VAT regimes do not hamper e-commerce growth. They are: Minimise discrimination between domestic and non-domestic businesses in registration requirements and ensure tax systems are technology-neutral in application. Allow suppliers, where relevant, to collect and remit taxes away from the border. Maintain or establish appropriate de minimis thresholds, allowing customs agencies to focus on safety and security rather than on domestic tax collection. Ensure that registration and tax payment processes are simple, consistent and non-discriminatory. Do not require a place of business or fiscal representative in the country of destination in order to supply goods.   Source: ICC

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FG Raises Value Added Tax by 44% to 7.2%

The Federal Executive Council (FEC) has approved a proposed 44 percent increase in Value Added Tax (VAT) on Wednesday despite experts advising against such move given current headwinds. The Minister of Finance, Budget and National Planning, Hajiya Zainab Ahmed, disclosed this on Wednesday. According to her, the FEC approved a 2.2 or 44 percent increase in VAT to 7.2 percent from the current 5 percent. The minister, however, noted that until the National Assembly approved the increment it is just a proposal. “We also reported to Council and the Council has agreed that we start the process towards the increase of the VAT rate. We are proposing and Council has agreed to increase the VAT rate from five percent to 7.2 per cent.” The ministry of finance and Federal Inland Revenue Service (FIRS) had complained that Nigeria’s tax revenue to gross domestic product remains low compared to other African nations. Tax revenue recently rose from 6 percent to GDP to about 7 percent, still below 15 percent target of the Federal Government. “This is important because the federal government only retains 15 per cent of the VAT, 85 per cent is actually for the states and local government and the states need additional revenue to be able to meet the obligations of the minimum wage. “This process involves extensive consultation that needs to be made across the country at various levels and also it will involve the review of the VAT Act. So, it is not going to be implemented immediately until the Act is reviewed,” the minister stated. “So accordingly, following these assumptions the total revenue estimate in the sum of N7.5 trillion for the year 2020 and N2.09 trillion that will be accruing to the federation account and the VAT respectively. “There will, of course, be the distribution to the three tiers of government based on the statutory revenue sharing formula as defined in the constitution and to this effect, it means the federal government will be receiving proposed aggregate of N4.26 trillion from the federal account and the VAT pool. “The states and the local governments are expected to receive N3.04 trillion and N2.27 trillion respectively.” At Investors King, we think while it is imperative to up revenue generation, it is also cogent to sustain and up consumer spending – a key driver of the economy. A 44 percent increase in VAT would hurt the effectiveness of the recently increased minimum wage and further erode the already weak household income. All central bank’s policies, 60 percent LDR, the new limit on bank’s investment in fixed income market, financial inclusion program etc, point to aggressive growth through a broad-based economic stimulation and job creation. Therefore, an uncomplimentary fiscal measure would impede growth through weak retail sales (consumer spending) as income and savings would drastically drop despite an increase in the minimum wage. Also, the financial inclusion program of the Central Bank of Nigeria will take backstage amid a drop in savings. Nigeria’s unemployment remained high at 23.1 percent and with a 44 percent increase in VAT that number is likely to surge even further as businesses will hold off on recruitment in the near-term. Reducing interest rate while increasing the number of taxpayers would have effectively complement CBN’s efforts — enhance economic productivity, boost job creation, increase consumer spending and support wage growth.   Source: Investor king

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Oyo Govt Begins Tax Collection with Mobile Apps

Oyo state government on Tuesday September 10, 2019 has declared that it has concluded plans to begin the collection of informal sector tax with the use of mobile apps adding that the annual collection of tax, particularly from traders, markets operators and artisans takes immediate effect. The Chairman of Oyo State Internal Revenue Service, Aremo John Adeleke, revealed this during a sensitisation tour and meeting of market leaders from 14 major markets at the Ogunpa market, Ibadan North West Local Government, Ibadan. In attendance at the meeting were the market leaders from Eleyele, Ifeleyele, Dugbe, Agbaje markets among others. In his speech, Adeleke emphasized the importance of the meeting which was geared towards encouraging traders, artisans, shop owners, market operators and others to be alive to their civic responsibilities as a means of supporting the government. The Chairman assured the traders and others in the meeting that the government would not increase the tax in the state as it understands the economic situation in the country. He said that the government would do anything possible to ensure business prosperity and economic development in the state, noting that very soon, the effects will translate to improved sales which will be felt by the traders. Also speaking, the state tax manager in charge of informal sector, Mrs Yetunde Awotona stated that the state government has not collected tax from the traders since the beginning, pointing out that all arrangements have been made to ensure that members of the informal sector pay their tax. She assured the traders that the technological innovations was introduced to improve the collection process and to ensure that all taxes paid gets to the government coffers. Responding, the traders appealed to the state government to give them a tax waiver for the remaining months of the current year. They, however, assured the government of their cooperation and support in the payment of taxes and environmental management.   Source: The news Nigeria

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Pension, tax fraud whistleblower arraigned for false alarm

The Economic and Financial Crimes Commission, on Tuesday, arraigned a whistleblower, Lord Edem, before the Lagos State High Court in Ikeja for raising a false alarm over an alleged N700m pension and tax evasion fraud. Edem was arraigned before Justice Hakeem Oshodi on one count of making a false statement to a public officer. He pleaded not guilty to the charge. It was gathered that Edem provided false information to a public officer and the EFCC about the involvement of a company, where he was an employee, Starsonic and Sacvin Group of Nigeria, in a pension and tax evasion fraud. According to the EFCC prosecutor, S. O. Daji, the defendant claimed that the management and staff of the company were involved in massive pension fraud, tax evasion and other fraudulent activities to the tune of N700m. He added that the defendant committed the offence on August 7, 2019. The offence was said to contravene Section 96 (a) of the Criminal Law of Lagos State, 2011. Justice Oshodi, a vacation judge, ordered the remand of the defendant in prison, while the case file be returned to the registrar for re-assignment.   Source: Punch

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