Tax news

Buhari’s COS queries FIRS chairman over worsening tax collection

Indications emerged on Sunday that the Chief of Staff to President Muhammadu Buhari, Mr. Abba Kyari, has queried the Executive Chairman of the Federal Inland Revenue Service, Mr, Babatunde Fowler, over alleged discrepancies in tax collections from 2015 to 2018. A letter dated August 8, 2019, and addressed to the FIRS chairman, which was signed by Kyari, asked Fowler to explain reasons for ‘significant’ variances in budgeted collections and actual collections of tax in 2015, 2016, 2017 and 2018. In the concerned years, the actual amount collected as tax fell below the budgeted target. In 2015, actual collection was N3.7tn, while the budgeted target was N4.5tn. A similar shortfall occurred in 2016, when actual collection was N3.307tn, less than the N4.95tn budgeted target. Also, in 2017, the FIRS collected a total of N4.027tn, less than the set target of N4.89tn. In 2018, actual collection was N5.32tn, while the budgeted target was N6.7tn. Fowler was appointed chairman of the FIRS in August 2015, but his appointment was confirmed by the Senate in December of the same year. The query covers the period he has been in office. His tenure is expected to expire at the end of August, going by the date he was appointed, although there are also suggestions that the expiry date could be December, the month his appointment was confirmed.   Source: Punch

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NBR to introduce app to check tax evasion

The National Board of Revenue (NBR) has taken an initiative to introduce a mobile application and software, aiming to check cases of tax evasion and increase the number of taxpayers. The revenue-collecting authority thinks launching of the app and software will bring dynamism into the revenue administration, and help bring a large number of eligible taxpayers under the tax net, an NBR senior official told the news agency. According to the existing income tax law, any business entity and service-providing person must hang the taxpayer identification number (TIN) in their offices or business organisations. But it is not practised properly, which causes confusion as to whether the business or service-provider have their TINs or not. “That’s why NBR is planning to make it mandatory to hang tax payment certificate,” said the official. He said using the software, all 649 tax circles will be linked to the mobile app. Through this app, anyone will be able to check whether the tax payment certificate is genuine or effective, or an expired one. “With the app, it will even be possible to lodge complaints with the respective tax circle,” he said. The NBR official hoped when businessmen see customers checking whether they have paid taxes or not, they will feel obliged to pay their taxes. “As a result, revenue collection will increase and tax evasion cases will come down,” he said. Through the app, it would be possible to check the status of tax payment and the certificate will automatically be cancelled in absence of regular payment. Ineffective certificate means the particular person or organisation does not pay tax. “There’s no need to provide extra information in this regard,” the NBR official said. He also mentioned that NBR is trying hard to increase the number of taxpayers to one crore within the next two years. As part of the initiative, a tax survey has started. “Enhancing capability in technology will help us bring more dynamism into tax administration,” the official said.   Source: The Daily Star

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Apple to fight $14 billion tax battle in European court next month

Apple is heading to court next month to fight a 13 billion euro ($14.4 billion) tax bill handed down by the European Union in 2016. Europe’s General Court will hear Apple’s appeal on Sept. 17 and 18, Bloomberg reported Friday. The case relates to the bill that the EU Competition Commission ordered Ireland to recoup in August 2016. The commission asserted that the tech giant had an unfair advantage that allowed it pay less tax than it should in Ireland, where its EU headquarters are located.  Apple CEO Tim Cook denounced the tax bill as “political crap” and vowed to appeal. The US government tried, but failed, to intervene. Ireland, which has a tax system that attracts many US tech companies to its shores, also disagrees with the EU’s decision and will argue alongside Apple in court. Apple has already started repaying some of the money the EU says it owes. The money is currently in an escrow account. The company didn’t respond to a request for comment. The case is one of several current appeals against Europe’s tax decisions related to multinational companies. A spokeswoman for the Competition Commission declined to comment.   Source: Cnet

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FIRS Public Notice On Deduction At Source of WHT And VAT On Compensation Paid By Principal Companies

The Federal Inland Revenue Service (FIRS) issued a Public Notice today, 14 August 2019, directing taxpayers, particularly companies in the Fast Moving Consumer Goods sector, to deduct and remit withholding tax and value added tax on the “compensation” due to their distributors, dealers and agents.  The FIRS defines “compensation” to include commission, rebates, etc., granted in the form of cash, credit note or goods-in-trade.  The FIRS claimed, in its Public Notice, that some companies have not been complying with the provisions of the Companies Income Tax (Rates, etc. Deduction at Source (Withholding Tax) Regulations S.1 10 1997 (sic) and Paragraph 3.8 of its Information Circular No. 2006/02 of February 2006.  The FIRS, therefore, noted that it would commence monitoring of compliance with its directive by relevant companies.   Source: Proshare

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FIRS: VAT, withholding tax must be remitted on the 21st of every month

The Federal Inland Revenue Service (FIRS) says all companies must remit value-added tax and withholding tax by the 21st day of every month. According to a statement signed by Babatunde Fowler, the FIRS chairman, some companies have been found not to deduct these taxes at source. VAT is a consumption tax placed on a product whenever value is added at each stage of the supply chain – from production to the point of sale. Withholding tax, however, is deducted at source by organisations or bodies making payments to suppliers of goods and services. They are required to remit the deducted sum to the tax authority as payments are being made to suppliers/vendors. “It has come to the notice of the service that some companies do not deduct WHT/VAT from the compensation paid to their distributors contrary to provisions of the ‘Companies Income Tax (Rates, Etc. Deduction at Source (Withholding Tax) Regulations and Paragraph 3.8 of Federal Inland Revenue Service Information Circular No. 2006/02 of February 2006, which states that commission earned by distributors/dealers will be subjected to WHT and VAT,” he said. “Following this discovery, the Service hereby puts all companies, particularly those in the fast-moving consumer goods sector on notice that compensation due to their distributors and customers in the form of commission, rebates etc and by whatever means of payments, whether by cash, credit note or even goods-in-trade must be subjected to WHT/VAT at the appropriate rates as applicable and remit same to the FIRS accordingly on or before the 21st of every month.”   Source: The Cable

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FMC Keffi Generates Over N300 Million As Tax Annually Yet No Any Presence Of Nasarawa State

The Benue state Board of Internal Revenue Service (BIRS) Sunday said it will clamp down on illegal tax collectors. BIRS also stated that it has arrested one Aga Peter for impersonating as a staff of the revenue Board. Chairman of the board, Andrew Ayaban in a statement issued Sunday said the suspect, Mr  Peter was arrested with the assistance of the Police at an illegal check point at Tor Mkar in Konshisha local government area of Benue state, collecting illegal taxes from unsuspecting members of the public.   He said the impersonator at the time of arrest was found in possession of a fake BIRS identity card and illegal receipts with which he defrauded unsuspecting victims. He said the board under his leadership was committed to end the regime of illegal tax activities adding that the gesture has already started yielding results. Ayabam said, in order to reposition the revenue board, he abolished all revenue check points and terminated the contracts by underperforming tax consultants.    Source:  Blueprint

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TFC urges FG to increase tobacco tax by 70%

Tobacco-Free Club (TFC), University of Abuja chapter,  has called on the Federal Government to increase tobacco tax to 70 per cent of the commodity’s retail price. Mr Izang Lawrence, former President of the Club, made the call on Monday at a campaign to enlighten Nigerians on the national tobacco control act of 2015, in Abuja. “The government must significantly increase tobacco tax to be at par with the World Health Organisation (WHO) recommended level of 70 per cent of the retail price over the next five years,” he said. He recalled that in October 2005, Nigeria ratified the World Health Organisation Framework Convention on Tobacco Control (FCTC). “The framework recommended many effective ways of controlling tobacco in its various stages and protecting public health. “Till date, a lot of the recommendations of the FCTC, which Nigeria is a signatory to are yet to be implemented by government,” Izang said. According to him, one of the recommendations of the FCTC is about 70 per cent tax increase. But in Nigeria, it is currently around 20 per cent. Izang also called for stiffer laws to prohibit the sale of tobacco to minors and smoking in public places. “We want the prohibition of sale of tobacco products to and by anyone below age 18 and ban on sale of cigarettes in single sticks. “Our tobacco control group will never be tired of asking the government to significantly increase tobacco tax. “The present tax regime is insignificant and insufficient to lead to price increases and will definitely not reduce consumption. “We want prohibition of smoking anywhere on the premises of a child care facility, educational facility and health facility; and other prohibited areas for smoking include playground, amusement parks and other public spaces. “We also want prohibition of tobacco advertising, promotion and sponsorship of any kind,” he said. He urged the Federal Government to begin the process of earmarking a significant fraction of tobacco tax and levies for tobacco control and to educate smokers of the dangers of smoking. Izang described earmarking a fraction of the revenue accruable from tobacco taxes and levies as one of the best practices effective for the promotion of public health. He added that the National Tobacco Control Act 2015 provided for the setting up of the Tobacco Control Fund to implement the National Tobacco Control Regulations. “Nigeria has approved the tobacco control regulations, which will make it possible for the Federal Ministry of Health to implement and enforce the Nigeria Tobacco Control Act of 2015. “We ask that the Federal Government to start the process of earmarking a significant fraction of tobacco taxes and levies for tobacco control and national health coverage,” he said. According to him, the National Tobacco Control Act 2015 provides for the setting up of the tobacco control fund and up till now it has not been implemented. Kenneth Amah, President, TFC, University of Abuja, stressed the need to create more awareness on the dangers of tobacco smoking. Amah said that government had reviewed the standard for cigarettes to include the complete ban on cigarettes with characterizing favour, including menthol.   Source: Sun News

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Tax: Responding to Oxfam’s inequality warning

Nigeria has continued to engage the attention of the world as a paradox of lack in the midst of plenty. As a country blessed with abundant human and natural resources, Nigeria has puzzlingly remained stuck in a perilous dalliance with poverty, coming across as a society where very few are outrageously well-heeled, while the clear majority continue to wallow in abject poverty. It is a scenario that has to change for the country to take the right steps forward. In a new report by Oxfam, an international development organisation, Nigeria was described as the powerhouse of inequality in West Africa. She is seen as a place where inequality has reached a crisis level, with the government showing very little or no commitment to alleviating it. This is quite disconcerting because Nigeria has no business with poverty if the country’s enormous resources are managed responsibly. Yet, it is not as if the report, co-authored with Development Financial International, a financial consultancy, has come as a total surprise to watchers of events in the oil-rich country. Where most oil producing countries have been able to deploy their immense yields from oil sales to enhance the quality of life of their citizens and develop their infrastructure to the level of first world countries, Nigeria, a major oil producer, has remained trapped in dysfunctional governance with primitive and decrepit social infrastructure. Oxfam’s report reinforces an emerging pattern that has been sustained over a period of time. In a similar report released last year, Nigeria was ranked worst for two years running on policies meant to reduce inequality. Out of 157 countries surveyed on their commitment to policies on labour rights, taxation and social spending – indicators for addressing inequality – Nigeria placed 157th. She shamefully trailed countries such as Uzbekistan, Haiti, Chad and Sierra Leone. With the exception of Sierra Leone, in this year’s report, Nigeria was once again trumped by these same countries. What really riles the authors of this report is that inequality continued to bloom at a time when the economy of the country was doing well. This was captured in a portion of the report that said, “Poverty in Nigeria is particularly outrageous because it has been growing in the context of an expanding economy, where the benefits have been reaped by a minority of the people, and have bypassed the majority of the people.” Nothing could be further from the truth, especially given some of the statistics the United Kingdom-based organisation relied on to arrive at its conclusions. Last year, it suddenly dawned on many that the world would not be able to meet the 2030 deadline of the United Nations Sustainable Development Goal for poverty elimination because of the rate of poverty in Nigeria. The country was officially crowned the poverty capital of the world, where more than 90 million people live on $1.9 per day and six people drop below the poverty line every minute. A critical look at the trajectory of poverty growth in Nigeria shows that, between 2000 and 2010, when the price of oil, the mainstay of the economy, rose to unprecedented levels, and annual economic growth averaged seven per cent, the number of people living below the poverty line grew from about 69 million to 112 million. This is “equivalent to 69 per cent of the population,” the Oxfam report stated. Oxfam said about $24 billion would be required to lift these unfortunate Nigerians out of poverty, ironically, an amount less than the combined wealth of the five richest Nigerians. Amidst this excruciating poverty, Paul Wolfowitz, a former World Bank president, stated that $300 billion of oil wealth was looted in the four decades to 2016. It is, therefore, easy to link poverty in Nigeria with large-scale corruption. Aside from corruption, the Nigerian conundrum can easily be traced to poor management of resources and astronomical cost of governance, among other reasons. People see politics, not as a call to service, but as the easiest means of accumulating wealth. A Nigerian senator, for instance, earns N13.5 million (about $37,000) monthly, as running cost, as against his counterpart in the United States, the richest country in the world, who grosses $174,000 annually. Governors also pocket billions of naira as security vote for which they render no account. On top of that, governors and the President hire thousands as aides, commissioners and ministers. Their foreign trips, funded by taxpayers, easily pass for a jamboree. On June 19, 2012, for instance, a former president, Goodluck Jonathan, travelled to Brazil for the United Nations Earth Summit with an entourage of 116 people. These are some of the bizarre ways that public funds are expended. The Nigerian authorities, therefore, need to take steps to address the issue of inequality if they are desirous of building a just, equitable, peaceful and prosperous nation that can be the pride of the continent. There is no surer ticket out of poverty than a solid education. To make a meaningful difference, education has to be affordable and equally distributed. Last year, American philanthropist, Bill Gates, faulted the lack of adequate social spending in the country. Nigeria has to start investing adequately in education to return the over 13.5 million out-of school children to school. Health facilities also need to be overhauled to prevent high infant and maternal mortality rate in the country. The issue of minimum wage should also be implemented as quickly as possible to ensure that what people take home at the end of the month can actually sustain them till the next payday. The rich must be taxed at a reasonable rate. At the current estimate of six per cent, Nigeria has one of the lowest tax compliance rates in the world. The tax system has to be reformed to ensure that those who should pay tax do so. Besides, the business environment has to be conducive to aid job creation and ensure that more people are captured in the tax net, not a situation described by Oxfam where

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Nigerian govt considering VAT exemption extension — VP

The Federal Government is considering an extension of the value added tax (VAT) exemption on capital market transactions, Vice President, Yemi Osinbajo, has said. Also, the VP said the government is already taking steps to resolve the controversy over the collection of stamp duties. The VP spoke at the Awards Night of the Association of Issuing Houses of Nigeria (AIHN) in Lagos on Saturday. He was represented by the Acting Director General of the Securities and Exchange Commission (SEC), Mary Uduk. In 2014, then Minister of Finance, Ngozi Okonjo-Iweala, suspended VAT charges on transactions in the capital market to encourage increased trading activities in the market. That waiver period ended on July 24 this year. The VP said the government will soon announce the decision on how the issue, along with others, like the controversy over collection of stamp duties, have been resolved. Backstory. The Nigerian Postal Service (NIPOST) is of the view it should collect and keep stamp duties on electronic banking. This appears to contravene the constitutional requirement that all revenue collections by government ministries, departments and agencies should be transferred to the Federation Account. The NIPOST argues it should use monies realised from stamp duties collections to run its operations. The Chairman of the Federal Inland Revenue Service (FIRS), Tunde Fowler, recently the law confers on the revenue service the mandate to collect the money on behalf of the Federation Account. “The issue is now in court between the consultant (for NIPOST) and the government. So, pending the resolution of the controversy, the money is being warehoused in the CBN,” Mr Fowler said. “The position of government is that any money collected as stamp duty should be deposited in the federation account to be shared among the three tiers of government. “Government is working on a new bill to take care of this stamp duties. But, under the existing laws, it is the mandate of the FIRS to collect that money on behalf of the Federation Account,” he added. Other efforts to strengthen capital market. According to the VP, work has commenced on other aspects of Capital Market Master Plan Implementation Council (CAMMIC) requests requiring government intervention. He said government would collaborate with the capital market community to address the issues affecting it’s growth. “We all desire a capital market that would broaden access to economic prosperity by enabling the emergence of financially responsible citizens, accelerating wealth creation and wealth distribution, providing capital to small and medium scale enterprises, and catalyzing housing g finance,” the VP said. He described the capital market as key to achieving the economic goals of the present administration as contained in the Economic Recovery and Growth Plan (ERGP). According to the VP, government has worked hard to ensure a stable macroeconomic environment, to attract and sustain investment needed to move the economy forward. The ERGP recognizes critical sectors for financing to include agriculture, infrastructure, power as well as small and medium enterprises (SMEs). President of AIHN, Chuka Eseka, urged the private sector and the capital market to play driving roles in achieving economic prosperity and development by partnering with the government at all levels.   Source: Premium Time

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