TAX SERVICES

This thread exposed everything that’s wrong with Nigeria’s VAT

Last week, the Minister of Finance announced the Federal Executive Council had approved an increase in VAT from 5% to 7.5%. Minister Zainab Shamsuna Ahmed also went further to explain that the government will be engaging with various stakeholders in a bid to get the increased passed into law by the National Assembly. As expected, there have been several commentaries around this announcement with some for or against the policy. However, a twitter user and Senior Manager Tax and Transfer Pricing at KPMG Victor Adegite, weighed in on the discourse providing a useful insight into other areas of Nigeria’s VAT system that is perhaps flawed. He tweeted this in a series of thread which we have put together as an article for our readers who may not be on twitter.   Source: Nairametric

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VAT increase in Nigeria’s best interest

The Minister of Finance, Budget and National Planning, Zainab Ahmed, proposed that Nigeria’s VAT be increased from 5% to 7.2%. This has caused a lot of counterblast with labour unions and some experts protesting the proposal. What most people do not know is that Nigeria is one of the countries in the world with the lowest VAT rates. This proposal would most definitely do us as Nigerians a whole lot of good because what it means is, that we may eventually in the nearest future not have to borrow from other countries or be indebted to any country or organisation.we need to get this country out of the mess of indebtness, Nigeria has all it takes to become and succeed as an economical stable country. The country’s elites should not be left out either. If we all pay our taxes judiciously, then maybe, Nigeria would finally be a debt free country.   Source: Daily trust

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Work on VAT implementation, not increase

Dr Samuel Nzekwe, a former President, Association of National Accountants of Nigeria (ANAN), has advised the Federal Government to intensify efforts in implementing the five per cent Valued Added Tax (VAT) rather than increasing it. Nzekwe gave the advice in an interview with the News Agency of Nigeria (NAN) in Ota, Ogun, on Saturday. Nzekwe spoke while reacting to the announcement of the Minister of Finance, Budget and National Planning, Mrs Zainab Ahmed on VAT increment. The Federal Executive Council had on Wednesday, approved the proposed plan to increase the VAT from five per cent to 7.2 per cent. Nzekwe noted that enforcement and implementation of the VAT was the major challenge confronting the country. “Increasing the nation’s VAT is not the problem but the implementation is the major problem facing the country,” he said. Nzekwe explained unless the Federal Government worked on effective implementation of VAT, the proposed policy would not achieve any meaningful result. “VAT system should be reformed because the nation has the problem of implementation,” he said. He said that less than 50 per cent was in the VAT net because the Federal Inland Revenue Service (FIRS) lacked the capacity to collect it. Nzekwe urged the FIRS to redouble efforts to getting more people into the VAT net. He, however, advised the Federal Government to be cautious as the propose increase of VAT from five per cent to 7.2 per cent would drastically affect the new minimum wage in the country. Nzekwe said that the ability of the Federal Government to effectively reform the VAT system would make more funds available for it rather than increasing the VAT to generate additional revenue.   Source: Daily post

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Tax authorities warned against scaring foreign investors

Tax authorities in the country have been warned against scaring off foreign investors from the country in their efforts to shore up government revenues. The Managing Consultant, Pedabo Associates Limited, Mr Albert Folorunsho, said the global tax compliance drive would have implications for Foreign Direct Investment in Nigeria. Folorunsho stated this while delivering a keynote paper at the investiture of Dr Titilayo Fowokan as the third state chairperson of the Society of Women in Taxation (Lagos Chapter) on Saturday. “Nigeria is not isolated from the global tax drive to boost revenue and prevent base erosion and shifting of profit from Nigeria to other tax jurisdictions,” he said. He said Nigeria and over 100 countries signed the multilateral instrument on prevention of profit shifting, adding that some measures were adopted by the Federal Inland Revenue Service from the global tax approach. Folorunsho noted that the FIRS had introduced other measures aimed at increasing tax revenue including plans to start charging Value Added Tax on all online transactions and strict enforcement of tax payment by placing lien on taxpayers’ accounts. He said, “Tax-related issues that can affect Foreign Direct Investment in Nigeria negatively are dividend tax; multiplicity of taxation by various organs of government; lack of advance tax rulings on certain issues; ambiguity in tax laws; wrong interpretation and application of the tax laws; uncertain tax regime, and circle of unending tax audits/investigations by tax authorities.” According to him, for Nigeria, FDI will be more affected by the approach of local tax regulators than the global tax drive. “This is because the global approach to tax drive is yet to be enacted into our local laws to make them applicable and effective in our environment,” Folorunsho said. He said the implication of the global tax drive by other jurisdictions for Nigeria might be positive if the country could operate a more friendly tax environment based on the existing tax laws. “However, aggressive tax drive by tax authorities can impact FDI negatively. Unhealthy approach to tax drive will scare investors from Nigerian economy. Though there has not been significant decrease in FDI to Nigeria for some years, tax drive cannot be said to be the factor responsible for the decreased inflow. Uncertain tax regime or hidden taxes will discourage FDI,” he added. According to Folorunsho, as the impact of the current global tax reform takes root, mobilisation of capital across jurisdictions will become fairer and more competitive. “Nigeria cannot achieve her full potential by increasing tax revenue alone. Government, in its effort to increase revenue generation through taxation, should always be mindful of its impact on the economic growth drivers, one of which is foreign direct investment,” he added. The President/Chairman of Council, Chartered Institute of Taxation of Nigeria, Gladys Simplice, said the CITN would continue to collaborate with relevant stakeholders towards sensitising all Nigerians on the need to pay their taxes. She said, “There is no hiding place for tax defaulters any more, in view of the increased collaboration among tax authorities and agencies towards ensuring that all corporate entities and individuals are brought into the tax net. “The recent launch of the taxpayer identification number registration system underscores the seriousness government accords to this.”   Source: Punch

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Less than 5% Imo workers pay taxes, says Ihedioha

Imo State governor, Emeka Ihedioha has said that less than five per cent of the state’s workforce of over two million pay taxes, saying that such a situation is unsustainable and unacceptable. Ihedioha, who stated this at the occasion of his 100 days in office, also banned tax payments in cash throughout the state and introduced PayDirect platform with a single account. He explained that the action was part of steps taken by his administration to ensure transparency and accountability in the state’s governance process. He also noted that that the state could not achieve growth without a sustainable revenue generating system, pointing out that his administration had adopted other measures designed to plug leakages and increase the state’s internally generated revenue (IGR).   Source: Guardian

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‘New VAT rate to boost budget execution’

The Centre for Social Justice on Thursday said the decision of the Federal Government to increase the Value Added Tax from the current rate of five per cent to 7.2 per cent would increase revenue needed to finance the budget. The Lead Director, CSJ, Eze Onyekpere, said this in a statement issued in Abuja. In the statement, he said as a country having one of the lowest tax to Gross Domestic Product ratio, there was a need to increase the tax rate to generate additional revenue. This, he said, was imperative following claims by the Federal Government that the country was facing fiscal crisis. He said, “Centre for Social Justice welcomes the decision of the Federal Government in the proposal for an increase in VAT from the current rate of five to 7.2 per cent.” He added that the new VAT rate would increase available resources for budget implementation and development across the three tiers of government.   Source: Punch

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VAT Recovery in Nigeria’s Oil Service Sector

Value Added Tax (VAT) is a consumption tax levied at each stage of the supply chain and ultimately borne by the consumers. The tax was introduced in Nigeria in 1993 via the Value Added Tax Act (VATA), after a recommendation by a study group that was set up in 1991 to review the Country’s entire tax system. It is worth knowing that before the introduction of VAT, sales tax was in operation in Nigeria. However, VAT is different from sales tax, as it has a broader scope and includes most supplies, professional services and banking transactions. The Tax is managed by the Federal Inland Revenue Service (FIRS) and is charged on the supply of goods and services other than those exempted in the first schedule to the VATA. It operates on a credit mechanism such that each producer along the value chain can claim the tax paid at the previous stage of production, when passing the product of his effort to the consumer at the next stage (provided that the producer and the merchant deal in goods on which the input VAT is claimable). The operation of the credit mechanism, however, stops at the stage where the item is purchased by the final consumer, who bears the full tax burden. In essence, merchants offset the total VAT paid on purchases (called ‘input tax’) in a given period (usually one month), against the total VAT charged on sales (i.e. ‘output tax’) and pay the excess to the FIRS. For companies operating in the oil and gas industry however, the law requires service recipients to withhold the output VAT charged by their vendors and remit it, directly to the FIRS. This requirement of the law has pitched the tax authorities against oil service companies who are legitimately entitled to claim their valid input VAT against the output, before remitting the excess to the Federal Inland Revenue Service (FIRS). In response, the latter has always maintained that the affected companies should file a claim for the refund, for processing and payment. However, there has been some controversies on the process for the recovery of such input VAT, given the provision of the VATA. Thus, this article is focused on breaking the myth of the challenges faced by companies operating in the Nigerian oil and gas sector, in recovering valid input VAT on cost incurred against the output VAT on their supplies. Allowable Input VAT: In 1998, the VAT Act was amended to restrict the scope of allowable input VAT. T through section 6 of the Finance (Miscellaneous Taxation Provisions, Act No. 18, 1998, which introduced section 13(a) (now section 17) of the VAT Act, Laws of the Federation of Nigeria (LFN), 2004). Section 17 of the amended VATA provides that: “………..the input tax to be allowed as a deduction from output tax shall be limited to the tax on goods purchased or imported directly for resale and goods which form the stock-in-trade used for the direct production of any new product on which the output tax is charged”. The provision also excluded the input VAT incurred on overheads, services and general administration of any business from being claimed against a company’s output VAT. Rather, such input VAT should be expended through the company’s profit or loss account. The input VAT on capital items and fixed assets are to be capitalized with the cost of the items. Deduction at Source: VAT charged by a vendor is expected to be paid to it by the service recipient, together with the invoice value for the goods sold or services received. However, section 13(2) of the VATA provides that for companies operating in the oil and gas sector, VAT charged them by their vendors should be deducted at source and remitted directly to the FIRS. This position was further clarified and corroborated by the FIRS via paragraph 13(2) of its information circular .   Source: This days

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Govt should give tax holiday to gas companies – Emenike

The Head of Gas Ventures, Neconde Energy Limited, Chichi Emenike, in this interview with ’FEMI ASU, says Nigeria needs to encourage more projects to monetise its huge gas reserves and boost domestic supply What are your thoughts on the Nigerian oil and gas industry? What we have seen with time is that there has been a renewed focus on local content, and we are beginning to see Nigerian businesses that can do better in the oil and gas industry than the international oil companies that we have known over the years. Here at Neconde, I have been given the mandate to drive the gas business; Neconde has huge gas reserves. Part of the immediate mandate is to develop and completely monetise our associated gas. We’ve also got huge reserves of non-associated gas, which we have to develop. It is a well-known fact that the country has huge gas reserves. Just last week, Italian oil major, Eni, announced that it had made a significant gas discovery in the Niger Delta. But there is still gas shortage in the domestic market. What is your view on this? This is something we have always talked about. Most of the gas reserves are still trapped below the ground. We don’t have sufficient gas infrastructure. We have a gas master plan but we haven’t fully optimised it yet. We’ve got an environment that is not clear to investors yet, whether you’re an international or a local investor. We don’t have policies that are completely clear; that is not acceptable. We’ve got a myriad of other issues. These are some of the issues that we are dealing with, and these are some of the things that have held the gas industry down for some years now. There are a couple of LNG projects that have been stalled. Given the growing competition in the global LNG market, do you think there is still prospect for these projects? Those are the projects we need to monetise our gas resources. We should have LNG plants like the one in Bonny in other places in the country. The focus really is not just on gas for export; we also have a lot we can do with the gas internally. You have many industries that need to run on gas. We have issues with power. We need to begin to look at the power sector. There are a lot of regulations regarding the power sector that need to be looked at. This is to encourage investors to develop more gas. There are other investment destinations in Africa. For instance, Ghana does not have as much gas reserves as Nigeria but they’ve done a lot of tidying up. Mozambique is talking of an LNG plant today. Cameroun has delivered its first LNG. So what are we saying? It is time we get our act together. We talk a lot. Our gas policy has a leg in the Petroleum Industry Governance Bill as it is. There are other bills too that are also important that are waiting to be passed. Time is ticking. We need to pass the Petroleum Industry Bill. What role is Neconde playing to ensure adequate supply of gas in the domestic market? What we are working towards now is to eliminate gas flaring. We’ve already commercialised some of the associated gas and we have buyers. The short-term plan is to maximise our associated gas. We are putting in place more gas infrastructure; we currently have a central processing facility. We’re also looking at the non-associated gas because that is where the main focus is; that is where the big business is. What is your company’s current gas production and what are your plans for the future? Neconde is developing Oil Mining Lease 42 currently with its joint venture partners. We have what is called an asset management team. Currently, we’re producing about 40 million standard cubic feet of gas per day. Our plan is to increase our associated gas production to 80 million scf per day, and that requires putting in place more gas infrastructure. We currently have a central processing facility, and that still requires additional infrastructure, probably additional pipelines. We have off-takers who have also indicated interest. They are currently discussing with us. In the long term, we’re looking at the non-associated gas. Neconde is also looking at putting in place Liquefied Petroleum Gas infrastructure. The business plan that we are developing and I’m looking at currently also has consideration for the LPG. We have a lot of the LPG in Nigeria but unfortunately the per-capital usage is small compared to other countries such as Ghana and Senegal. We shouldn’t have that; you know those figures. For a long time, most of the LPG Nigeria uses comes from the Nigerian NLG in Bonny to Lagos. I know the NLNG is committed to deepening the consumption of the LPG in the country; so, they deployed smaller vessels. There are so many things we are doing with our current operations to ensure that we maximise value for our shareholders and our lenders.   Source: Punch

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Fowler, Accountants Discuss Improved Revenue Base At ICAN Conference

The Executive Chairman, Federal Inland Revenue Service, (FIRS) Babatunde Fowler has warned the nation’s accountants not to support tax evaders but to assist in building a larger revenue base for the nation. At the 49th Annual Conference of the  Institute of Chartered Accountants of Nigeria, ICAN, where Fowler was the keynote speaker at a panel discussion on “FIRS Power of Substitution. Critical Review and Matters Arising”, accountants and lawyers scoffed at Fowler’s admonition, alleging that he was employing strong tactics in getting taxpayers to be tax compliant. They told Fowler to abide, in strict terms, with the processes and stipulations of the FIRS Establishment Act 2007, which the FIRS Chairman maintained, is the source of his powers to place lien on the bank accounts of defaulting taxpayers. Fowler should collect taxes by abiding with the Rule of Law, the accountants charged. At the event chaired by former Executive Chairman, FIRS, Ifueko Omoigui Okauru, Fowler explained the dynamics involved in the Substitution of Accounts, and urged accountants at the conference to partner with FIRS to improve the revenue collection efforts of all tax authorities. “You play a very important role in this cycle. Without you, the chartered accountants, it will be very difficult to ensure that adequate taxes are being paid. Talking about corruption, corruption is not only when you do something wrong. Sometimes, corruption borders on when you do nothing at all. When you review the books that are brought to you, you do your own internal assessment on what your clients should pay, you are truthful, you drop accounts that are not willing to do the right thing”. “We should realise that the revenue collected by the FIRS is distributed among the three tiers of government: the Federal, State and Local Governments. Today, well over 30 states rely on that monthly collection. Without that monthly collection, you can imagine what life would be in those states”. “We are all here for this conference, certain that chartered accountants came from various states across the nation. If in your state, we were not able to support your revenue drive, what level of security would you have in your state? “I went to deliver a speech in one West African country. I was asked to come and encourage tax compliance, and I used a very simple example, an example I had used in Lagos, an example that you and I may not have thought about. Under the Joint Tax Board, JTB I went on a visit to a hospital in Lagos. The nurse complained about the highmortality rate of children under five. And I asked what was the main cause, she said ‘malaria’. And I said, so we have malaria medicine,she said ‘yes’. But I found out on that visit that for children, when malaria gets to a certain stage, it becomes irreversible and almost impossible to save that child. “The cost of that medicine for prevention is N2000. There are people in this country who do not have N2000 to treat malaria. Some pray and hope that the fever will break. But for some, they have no choice and they lose those children. They lose potential presidents. They lose potential political leaders. They lose potential inventors among others. This is endless. But with N2,000 you could save a life. “For those books that you look at, think about this. If you look at those books, you should know that for every additional N1billion or N2 billion that is collected, even if it is shared at the ratio of 52 per cent, your state and your local government will get the balance. N1 billion could build 10 medical facilities in those states. That is the impact and power that you have.” “”I am sure you wont allow those not paying taxes to go scot free “Before FIRS voted for lien on bank accounts of defaulting taxpayers, the Service granted a waiver of penalty and interest for three years (2013-2015), followed by the Voluntary Assets Income Declaration Scheme, VAIDS. It was when  millionaire and billionaire taxpayers with turnover of between N11 million and N1 billion did not take the opportunity to pay their taxes, that FIRS  decided to place lien on the accounts of defaulting taxpayers “All defaulting taxpayers were considered, provided that such taxpayers came forward to declare their indebtedness, pay at least 25% of the outstanding amount and present a payment plan on the outstanding tax liability that was acceptable to the Service. This window was opened from 5th October to 24th November, 2016. A total of 2,400 companies took advantage of the window, from which FIRS realized about N98.8 billion. “ The last speakers spoke about integrity and vision in public service. You may have the integrity, you may have the vision, but without the revenue, it remains a dream. Most of us here like to complain about what the government has done and what the government has not done, but even with the best vision and leadership, we still require revenue and the revenue certainly will come from taxes. “The Voluntary Assets Declaration Scheme (VAIDS) commenced on 1st July, 2017 to be run for a period of nine months was formally launched on the 29th of June, 2017 by the then Acting President, H.E. Yemi Osinbajo. VAIDS was an initiative designed to encourage voluntary disclosure of previously undisclosed assets and income for the purpose.   Source: Inside Business    

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KRA lays ground for digital tax roll-out

Taxman has invited bids for a new system to monitor online transactions between merchants and their customers. Kenyans transacting goods and services online will soon begin paying income tax and Value Added Tax (VAT) as the Government moves to implement the controversial digital tax.  The Kenya Revenue Authority (KRA) has kicked off the search for a technology service provider to install a monitoring and payments system that will track and audit transactions between both local and international merchants and their customers. The tax collection system will entail an integrated payment gateway solution to identify and authorise payments through the settlement of data to and from merchants’ online portals to their banks.  “In a bid to enhance tax compliance in the Kenya digital economy, KRA seeks to acquire an innovative tax collection service for digital platforms with a presence in Kenya,” said the taxman in a call-out for bids. Treasury proposed the introduction of taxes on digital economic activities in the Finance Bill, 2019 as one of the means of increasing revenue collection following a Sh100 billion shortfall last year. The new system will give the taxman the ability to monitor online trade transactions between both local and international merchants and their customers in the country. For More of This and Other Stories, Grab Your Copy of the Standard Newspaper. This is bound to raise opposition from some stakeholders given the implications of sharing sensitive corporate and consumer data with third parties. At the same time, the Government is relying on a broad description of digital economic activities that does not distinguish between large e-commerce players like Amazon or Safaricom’s Masoko and individuals selling clothes on Facebook and Instagram. “The solution should provide for analysis and dash-boarding/reporting in real-time and have audit trail capabilities,” explained KRA in the notice. KRA also wants the service provider to integrate the system with all internal revenue systems for data sharing purposes and updating of taxpayers’ ledger accounts. The digital tax has been criticised by some stakeholders in the industry as retrogressive to the growth of the economy. Tech giant Google last month told Parliament that the digital tax could raise the cost of products and services in the country, adding that it amounts to double taxation and could precipitate a price war.   Source: Standard Media

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