Tax news

CITN renews vision statement to widen horizon

To widen its corporate horizon, the Chartered Institute of Taxation of Nigeria (CITN), has renewed its vision and mission statement, with the hope to pursue the actualisation of both with more vigour. The body added that it is also planning to be a leading Institute in training world-class tax professionals. It explained that the planned tax academy would be developed to project the fundamental driving force of its vision, while it will engage all stakeholders with an inclusive mind-set and strengthening other capacity building programmes. New CITN President, Dame Gladys Simplice, said this in her address during her investiture as the 14th president of the Institute over the weekend. She said the tax academy will be repositioned in terms of capacity for a technically-driven alternative route to membership through intensive training for revenue services staff. To admit lawyers into the Institute, she said they will go through extended period for pre-induction training to close the knowledge gap in their accounting and taxation. On the international scene, Simplice, who is also the President of the West Africa Union of Tax Institutes (WAUTI), said the Institute will continue to push for inclusiveness and full membership of member states to broaden their horizon and development with the needed expertise in the sub-region. The special guest of honour, Executive Chairman, Federal Inland Revenue Service (FIRS), Babatunde Fowler, said globally, the issue of taxation is already on the front burner where the profession is seen to be of importance than before. While promising his support for the president, Fowler said Nigeria has attained the position where taxation can be recognised as a choice of destination. Lagos State Governor, Babatunde Sanwo-Olu, represented by the Permanent Secretary, Ministry of Finance, Mrs Balogun, while congratulating Simplice, urged Lagosians to pay their taxes regularly for more infrastructural development in the state. Sanwo-Olu also promised to partner with the institute for development of the state.   Source: Guardian

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State gaming regulators kick against VAT, explain operations

State gaming regulators have called for a better understanding of their operations, unity of processes and licensing, especially from the lens of the National Lottery Regulatory Commission (NLRC).Under the aegis of Association of State Gaming Regulators in Nigeria (ASGRN), the body also kicked against plans by the Federal Inland Revenue Service (FIRS) to introduce Value Added Tax (VAT) on gaming in Nigeria. ASGRN added that implementing VAT in gaming could have a devastating effect on the economy.The body, which is however, silent about the “devastating effect”, noted that the constant impasse of the NLRC on their operations needed to be curbed. The body, which rose from a recent meeting, which comprised representatives from states currently regulating all-gaming activities, condemned the lingering issues of rights to regulate   the industry between states and the Federal Government’s agency and others. Jointly speaking after the meeting, the chairman of Enugu State Gaming/Lotto Commission, Harrison Ogara, and the Head, Pools and Betting Division of the Ogun State Internal Revenue Service (OGIRS), Felix Fagbohun, flayed the activities of the officials of NLRC, who they said were going from state to state to shut down gaming operators legally licensed by the State Government. ASGRN explained that it was illegal for a national agency, in the mold of NLRC to claim rights to regulate gaming activities clearly under the residual list in the Constitution of the Federal Republic of Nigeria (as amended) adding that such activities are tantamount to eroding the very essence of true federalism. Explaining further, Fagbohun enunciated that while some of its members have regulated the industry under gaming laws promulgated as far back as 1981 and 1991, the NLRC only came into existence in 2005”. Fagbohun stressed that ASGRN is operating from the constitutional realm adding that “for NLRC to assume the roles it is playing now, the Commission must first seek for an amendment of the Constitution of the Federal Republic of Nigeria, because as it is today, gaming regulatory power lies in the states.” While recounting some of their latest issues with NLRC, Ogara said: “When we noticed the obvious infraction on the provisions of our statute, the states were taken aback and surprised by this act, since the NLRC itself had reached out to the states to explore a joint approach to regulations, a development that was warmly embraced and supported by a few states. However, following concerted efforts of some of the states a lot of progress had been made, until this unfortunate act by the NLRC.” Ogara emphasised   that   the   authors of   the   Constitution   gave   the regulatory role to states because of the peculiar nature of the industry, states and their religious inclinations. “Nigeria is a Federation where the three tiers of government are expected to act independently together. We are also aware that there are cases in Supreme Court seeking for clarification over who has rights to regulate gaming.” While justifying the right of the state to regulate gaming, the body pointed to the recent Bauchi State Government’s ban on all gaming activities in the State citing several reasons. “This singular realisation that gaming/gambling is prohibited by some religions and other factors led to the placement of gaming regulation in the Residual List of the Constitution. “As such, states that permit gaming have the inherent constitutional right to regulate gaming.  ASGRN  is  therefore calling on  NLRC  to  understand that  legally,  its  regulatory  power  only covers the ambit of the Federal Capital Territory and setting up a viable National Lottery to challenge  what  is  currently available  in  other countries along  the West African  Sub-region.”The body further disclosed that Ghana Lotto for instance is very popular in Nigeria and asked why Nigeria cannot float a similar lottery?” Reacting to the news that the States were making arrangements to float another body charged with the responsibility of issues regarding gaming taxes and licensing of gaming operators, Ogara said: “In   fullness   of   time   and   after   all   due   diligence   and   consultations   have   been concluded, we intend to establish a Joint Gaming Board (JGB) (one of the outcomes of the roundtable discussions between the States and NLRC), whose duty will be to harmonise and design a unified tax regime among the regulating states. On the issue of licenses, we shall leave it for the respective states to decide.”   Source: Guardian

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‘Ways to make digital transactions’ VAT work’

As the Federal Inland Revenue Service (FIRS) prepares to impose Value Added Tax (VAT) on online transactions, the questions on many lips is how can it work in Nigeria? “What Nigeria (FIRS) needs to do is to first study digital economy; What does it mean? In which different areas do we have it? What are the issues, difficulties in collecting its taxes? What is the best practice that has been adopted around the world? “ So advised Mr Taiwo Oyedele, a  partner with PwC on Tax and Regulatory services. “It is difficult to deal with digital economy, e-commerce inclusive. Even the largest and the most powerful economy in the World, the US, is still struggling with this digital economy. But they have gone a little bit ahead of the rest of us. So we can then borrow from some of their initiatives,”Oyedele added. The FIRS Chairman, Mr Babatunde Fowler, in far away New York, USA, recently said FIRS would soon begin collection of VAT on online transactions. According to him, “soon, we will ask banks to impose VAT on online transactions for purchases of goods and services.” He explained that the online transactions tax is something not new.  “It actually should be in existence. We will certainly follow up to make sure that every VAT that is due to be collected is collected, ” he stated, adding that the move was part of measures by FIRS to meet its N8 trillion revenue target for 2019. To heed Oyedele’s advice, let’s see how  this  VAT model is being practised in some climes: Remote sellers’ tax in US On June 21, 2018, the United States Supreme Court fundamentally changed the rules for collection of sales tax by Internet-based retailers. According to www.nolo.com, in its decision in South Dakota v. Wayfair Inc., the court stated that individual states can require online sellers to collect state sales tax on their sales. This ruling overturns the court’s 1992 decision in Quill Corporation v. North Dakota. The Quill case prohibited states from requiring a business to collect sales tax unless the business had a physical presence in the state. Online sales tax in UK Her Majesty’s Revenue and Customs (HMRC), the tax authority in the United Kingdom, as of 2017, approached sellers (on internet platforms) directly and via the marketplaces such as Amazon and eBay,  searching for non-VAT compliant non-UK sellers. According to SimplyVAT.com, quoted by blog.taxJar.com, if you are a non-resident UK business and hold stock in the UK, either in a 3PL centre such as Amazon, you have created a taxable supply and have an obligation to VAT register in the UK. If a seller has been trading in the UK for many years without a UK VAT number, HMRC does want the seller to pay the back taxes. Once a seller registers for VAT and has to catch up on a lot of historical returns , which means they will have a lot of back-dated taxes to pay, HMRC will give the seller time to pay as long as the seller offers a reasonable payment plan. Likely scenario in Nigeria In an interview with Daily Sun even before Fowler announced the plan, Oyedele painted a likely scenario in Nigeria this way “Take Amazon for example: if you want to order something from Amazon, you can open your computer now or your phone, just log on to the internet. And you can order. Now let’s say you order handset. The handset in Nigeria is liable to VAT. But Amazon is not a Nigerian company. It is supposed to charge VAT. They don’t even know whether there is VAT in Nigeria and they are not even interested. The phone is $50. They have not put VAT on it.   Source: Sun News

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‘Technology For Tax Collection Protects Traders, Checks Double Taxation’

The Edo State Governor, Mr. Godwin Obaseki, has said the state government’s insistence on the use of technology for tax collection as against non-state actors and consultants was to ensure that traders are protected from harassment and double taxation. He said his administration would strengthen ties with the Tax Appeal Tribunal, South-South Zone, to boost tax compliance in the state, especially with the recent influx of investors into the state. The governor disclosed this during a courtesy visit by the Chairman of Tax Appeal Tribunal, South-South Zone, Prof. Obehi Odiase-Alegimenlen, to Government House in Benin City. The governor explained that the ban placed on the use of consultants and non-state actors and the introduction of Information and Communication Technologies (ICT) for tax collection is aimed at protecting traders and other taxpayers from harassment and double taxation. “This move has led to a backlash, but we will not go back on that decision taken by this administration,” Obaseki added. Obaseki noted that taxation remains the main source of revenue for most states in the country, adding that any state focused on growing its internal economy must ensure that the people imbibe the culture of paying their taxes and demanding accountability from government. “I appeal that we work together on advocacy, especially in improving the communication mechanism to drive compliance. People ought to know the importance of paying taxes and that it is their civic responsibility,” he added. He said the state has undertaken significant reforms in tax administration and has implemented a series of initiatives in deploying technology for tax collection, which have made the process easier and more transparent. Obaseki explained, “We believe that we can introduce more technologies to drive transparency and make tax collection easier. People don’t want to pay taxes, forgetting that it is their civic responsibility as it helps to develop the economy.” The Chairman of the Tax Appeal Tribunal, South-South Zone, Prof. Obehi Odiase-Alegimenlen said the tribunal was set-up to resolve disputes from clients of tax authorities. “In the advanced world, taxation is a very important aspect of our development finance but not so in Nigeria. The Federal Government is trying to make taxation a relevant aspect of getting finance for developing the country,” he added.   Source: Punch

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Sanwo-Olu tasks institute on deepening taxation practice

Gov. Babajide Sanwo-Olu of Lagos State has tasked the Chartered Institute of Taxation of Nigeria (CITN) to be proactive on deepening taxation practice in Nigeria. The governor gave the advice at the Investiture of the 14th President of CITN, Dame Olajumoke Simplice, on Saturday in Lagos. Represented by Mrs Balogun Olufunmilayo, Permanent Secretary, Ministry of Finance, he said that deepening taxation practice would enhance revenue generation of the state and country. He said that his administration would partner the Institute to strengthen and encourage taxation system for enhanced economic development of the country. “CITN has immensely contributed to the growth of taxation in Nigeria, but the reward for hard work is more work. “The Institute should not relent on efforts to have an efficient taxation practice as is obtainable in other countries. “Tax is a civic responsibility of every citizen of a country and remains a major medium through which the government can generate funds to fulfill its electoral promises,” he said. The Chairman of the Federal Inland Revenue Service (FIRS), Mr Babatunde Fowler, said that the issue of deepening taxation was a global issue that Nigeria should key into. Fowler, who was a special guest of honour at the Investiture, said taxation was a social contract that enables citizens to play significant roles in raising revenue for government. “By paying taxes, government will similarly have a strong motivation to account for revenues collected and the utilisation of such revenues. “Voluntary compliance by the taxpayers will ensure that revenue is made available for improving on the provision of social amenities and services,” the FIRS boss said. Fowler affirmed that the CITN had advanced to an enviable stage when considered from the level it started operation in Lagos State. In her acceptance speech, Simplice promised to widen the corporate horizon of the Institute through the review of its vision and mission statement. She said the institute would develop and deepen the use of technology by ensuring a full-fledged ICT department as the backbone of its operations.  “Our vision to be the leading Institute in training world class Tax Professionals has been driven over the years through various capacity building programmes. “Going forward, it is intended that the Tax Academy will be developed to project this fundamental driving force of our vision. “The Tax Academy will be repositioned in terms of capacity for a technically driven alternative route to membership through intensive training for revenue services staff,” Simplice said. She congratulated all the newly elected members and encouraged them to take up challenges that would take the Institute to a greater level.   Source: Punch

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Tanzania Govt To Impose Tax On Wigs

A row has broken out in Tanzania over the government’s decision to impose a tax on wigs and hair extensions. Many male and some female MPs applauded and thumped their desks in approval when Finance Minister Philip Mpango announced the tax in parliament. Supporters of the levy say it will help women keep their hair natural. But there has also been public outrage, with women saying they are being punished for wanting to look good in wigs and hair extensions. Tanzanians tend to uphold traditional values, but society is changing and many women now wear wigs and extensions, the BBC’s Aboubakar Famau reports from the capital, Dodoma. In his budget speech in parliament on Thursday, Mr. Mpango announced a 25% tax on imported wigs and hair extensions and a 10% tax on those made locally as part of a series of measures aimed at increasing government revenue. The cheapest wigs currently costs around $4 (£3.40), but they can sell for up to $130. Mr. Mpango also scrapped the exemption on value-added tax placed on sanitary towels, saying consumers had not benefited as businesses did not reduce prices when it was introduced   Source: Hubnaija

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How ‘Better Tax’ Walks the Talk for Workable Tax Reforms

Since 1956 when crude oil was discovered in commercial quantity in Nigeria’s Niger Delta region, a flurry of economic experts have continually pitched the benefits of economic diversification to no avail. The immediate fallout of this negligence seesaws between a government perennially starved of funds for capital projects and a citizenry disillusioned by the absence of the social contract they expect from strict compliance with government policies. At present, the federal government is reportedly grappling with a budget deficit of N3.8 billion and debt profile of N2.7 billion in a country that boasts 57 million economically active citizens, among whom only 15,000 are tax compliant. The International Monetary Fund (IMF) reinforced this argument in 2016 when it estimated revenue collected across all tiers of government at 6 percent of GDP (70% from the oil sector) and 30 percent from the non-oil sector (30% of GDP). Small wonder the government has shifted its focus to alternative strategies for revenue generation from the non-oil sector in its 2020 inclusive economic agenda. The Better Tax campaign launched by the Nigeria Economic Summit Group (NESG) in Lagos recently is one such revenue generation initiative.  With the benefit of hindsight, the average Nigerian may be understandably sceptical of tax reform. After all, several initiatives launched previously were long on execution but drastically short on sustenance and impact. In 2017, the President Muhammadu Buhari administration sought to include more Nigerians in the tax net with the launch of the Voluntary Assets and Income Declaration Scheme (VAIDS). To facilitate the process, government set up tax clinics to offer free service, consultation and legal representation for defaulting companies wishing to voluntarily file their tax returns. However, analysts argue that the euphoria over N30 billion sourced from the initiative was short-lived because compliance was primarily incentive-based and did not outlast the 11-month lifespan of the project.  The Federal Inland Revenue Service (FIRS) has also done its bit by introducing several digital payment platforms such as e-Registration, e-Filing, e-Tax Clearance Certificates and e-Stamp Duty, among others. But it is instructive that of the 4,926,053 taxpayers in the FIRS database, only 13,131 are registered for e-Filing and of that number, only a paltry 3,064 actually use the service. This development calls for a more wide-ranging system that will not only sustain tax compliance but also close knowledge gaps.  At the launch of Better Tax recently, the Chairperson of the NESG Fiscal Policy Roundtable Dr. Sarah Alade argued that contrary to general perception, Nigerians are not necessarily averse to paying taxes. In fact, the NESG Citizen Perception Report, which is the product of a tax survey cutting across households and small businesses in the revenue value chain, found that about 70 percent of respondents had no reservations about paying taxes. Rather, they would prefer that the process is sustained by proper education and transparency on the allocation and application of resources by the government. Tax officials, on their part, are constrained by inconsistent tax policies, limited resources, unrealistic targets and inability to influence service delivery from tax proceeds.   Source: Pro Share

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Taxes Killing Ghanaian Companies As Foreign Businesses Thrive

The founder of Perez Chapel International, Bishop Charles Agyinasare, has blamed the collapse of Ghanaian businesses on the immediate tax imposed on them by the government. Preaching at a Sunday service on 2 June 2019 at the Perez Chapel International at the Perez Dome in Accra, Bishop Agyinasare wondered why foreign-owned businesses are given tax exemptions to the detriment of indigenous ones.As a result, he said, the majority of the mega businesses in Ghana are not owned by Ghanaians. Bishop Agyinasare told his congregation that: “Do you know that in Ghana we don’t even have businesses? We like foreign businesses, we don’t have businesses, all our shops are foreign-owned – from Melcom to Shoprite to our restaurants; the Papayes, all the telecom companies, we don’t own any of them, from Vodafone to MTN to [Airtel/]Tigo, we don’t own anything.“We say we do chocolate but Nestle doesn’t belong to us, Unilever Brothers doesn’t belong to us, we don’t own anything.“When a foreign company wants to come and do business in Ghana, we’ll give them a 10 per cent tax exemption for them to settle within the period. A Ghanaian businessman starts the same business and from day one, he has to pay tax and, so, our businesses are collapsing.“When a Ghanaian businessman starts a furniture company today, he has to pay tax, a foreign company starts a furniture company, he claims he’s exporting the thing then they export the thing and it still gets back here and the Ghanaian man who has started is paying taxes and so our businesses don’t succeed”.Last year, the President of the African Centre for Economic Transformation, (ACET), Dr K. Y. Amoako said tax holidays for foreign companies is undermining Africa’s growth.He bemoaned the lack of stringent measures by the government to mobilise taxes from international firms who are investing in African countries.Dr Amoako said this in an interview with the media on the sidelines of the opening session of the 2018 African Transformation Forum held in Accra.   Source; Afroinsider

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LIRS to Use Taxpayers’ Bank Verification Numbers for Unique Biometric Identification

Summary Recently, the Lagos State Internal Revenue Service (LIRS) issued a Public Notice (PN) disclosing its intention to integrate the LIRS’ Personal Identification Digit (PID) for taxpayers with the national Tax Identification Number (TIN) system using taxpayers’ Bank Verification Numbers (BVN). The PID, which is also known as the Lagos State Government Electronic Banking System (LASG-EBS) Taxpayers Identification Digit, is a unique taxpayer identity code issued by the LIRS to taxpayers in Lagos State while the TIN is a national identification number for individuals or corporate entities for the purpose of tax remittance. According to the PN, the integration will facilitate seamless sharing of taxpayers’ information between tax authorities and other relevant stakeholders. Details The PN provides that the integration is designed to be biometric-based and the LIRS intends to employ the existing BVNs to achieve the planned integration. Furthermore, the PN states that access to the LASG-EBS platform for all transactions such as registration and creation of payer ID for new taxpayers, payments of taxes and validation of taxpayers’ profile etc. will now require taxpayers’ BVN. Accordingly, the PN requires all self-employed individuals to provide their BVNs to the LIRS in order to assist in the creation of their unique PID. Corporate Organizations are also required to ensure that their employees who qualify for tax clearance certificate (TCC) include their BVN in their individual e-TCC forms. The LIRS, in the PN, also assured taxpayers of the safety and security of all data and information in its custody. Implications We expect that the proposed integration of the PID into the TIN would provide the tax authorities with more reliable taxpayers’ information to enable them track down tax defaulters and combat tax evasion. However, it is important that the tax authorities safeguard all data and information of taxpayers, which may be obtained from the integration process to boost taxpayers’ confidence in the system. Thus, taxpayers should engage their tax consultants as soon as possible to obtain professional guidance in complying with the directives under the Notice.   Source: Andersen Tax

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Don’t Reappoint Fowler As FIRS Chairman, Staff Tell Buhari

Some workers of the Federal Inland Revenue Service (FIRS), have called on President Muhammadu Buhari not to reappoint the Executive Chairman of the service, Mr Babatinde Fowler, for another term of office. The workers, under the aegis of Concerned Staff of FIRS, made this known in a letter to the President, a copy of which our correspondent got on Sunday. In the letter, the workers accused Fowler of being economical with the truth in some of the reports being doled out detailing the activities and achievements of the service. Also, they accused Fowler of setting the service in the reverse gear instead of positioning it for greater height like his predecessors. They alleged that prior to August 2015 when Fowler assumed office, the modernization efforts towards organizational process and structural reforms of FIRS with a view to enhancing effective and efficient tax administration had produced significant verifiable outcomes in many areas. They listed the areas to include developing a tax reform agenda, enactment/amendment of tax laws, National Tax Policy, articulating a clear direction for the Service and the JTB among others. Their grouse against Fowler included recruiting workers in manners shrouded in secrecy and not in conformity with laid down rules. According to them, Fowler’s claim of improved performance was fraught with irregularities. “With fixing of the fundamentals by building a foundational base that would readily enhance tax revenue collections through the implementation of the tax reform, we experienced a steady increase in tax revenues for the government except for the immaterial decrease in tax revenues which of course were attributed to 2007-2009 global credit crunch/financial meltdown, the performance before Mr. Fowler was growing year-on-year. “Contrary to Mr Fowler’s claim that “N5,320 trillion is the highest revenue ever generated by FIRS in history” is misleading and economical with the facts because: “(1). In 2012 the set revenue target was N3,635.5 trillion while N5,007.7 trillion was generated, with 137.74% of collection. But the set revenue target in 2018 is N6,747.0 trillion and actual revenue generated stood at N5,320.0 trillion with 78.85%. “(2). The amount of N5,007.7 trillion in Dollars in 2012 was $32,150 billion while the amount of N5,320.0 trillion in 2018 stood at $17,385.62 billion. This means FIRS under his watch did not meet the set target, its performance was also poor in Dollar terms in 2018. Below is the tax revenue collection performance from 2000-2018 for further clarification. “Our collection should continue to grow year-by-year as shown above and not decreasing as highlighted in red which represents FIRS performance under his watch as Executive Chairman. These clarifications are necessary to dispel the huge media propaganda stupendously sponsored with taxpayers’ money in many conventional (electronic and print) platforms all over the country to boost his personal ego”. “The open secret remains that FIRS has under-performed under his leadership and this could be attributed to its executive incompetence and arrogance in handling tax administration matters”. “It must also be emphasized that in 2010 when the general and transparent recruitment exercise was concluded, the ripple effect of the exercise and other initiatives embarked upon produced huge tax revenues as can be seen from the table above for 2010, 2011 and in 2012 when the tax revenues got to all-time high of N5.01trillion at an exchange rate of N155.76. So, it is no longer news that N5trillion revenue target is achievable provided a competent person is appointed as the Executive Chairman of FIRS. “Dear Mr. President, there are so many disturbing atrocities perpetrated by Mr. Fowler in FIRS which your attention must have been drawn to but we wish to also draw it to you again, sir. There are convincing evidences already presented to you for further action and others that may be presented to you for further investigations and for his possible prosecution. We strongly advise that these atrocities be made known to the VICE PRESIDENT because it is his name that is being used a shield against investigation and prosecution for abusing his office. “It must be emphasized that Mr. Fowler’s era in FIRS has unimaginably taken it back to the old dark period of inefficient and ineffective days.   Source: GCFR

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