TAX SERVICES

Polaris Bank Floors Abia Govt at Tax Appeal Tribunal

Polaris Bank Limited, which was formerly operating as Skye Bank Plc, has won its case against the Abia State Government over a N1.528 billion tax assessment disagreement brought before a tax appeal tribunal sitting in Enugu State. The lender had taken the Abia State Board of Internal Revenue to the tribunal, seeking to determine if the agency followed due process provided in tax laws and regulations in dealing with it. According to Polaris Bank, it wanted to know if the state government was entitled to collect development levy and business premises levy without enabling state’s laws and whether the tax agency was entitled to collect penalty and interest based on any of the notices it served. After listening to the arguments of the parties, Chairman of the appeal tribunal, Mr Chukwuemeka Eze, said, “From the foregoing, the tribunal resolves all the issues in favour of appellant and consequently granted reliefs 1 to 6 of the appellant.” On issue six, the appeal tribunal said from its decision of June 20, 2019 in Nigeria Breweries PLC V. Abia State Board of Internal Revenue, the notice and grounds of appeal by the respondent were competent. He noted that one of the takeaways from that decision is that the respondent is a juristic person. He, however, advised tax payers not to wait for a tax audit before discovering and paying monies under remitted. Mr Eze also said that a tax authority does not impose tax, but tax legislations; while a tax authority collects as stipulated in section 1 of PITA. “You should be mindful of how your approach to tax issues will impact on investment in your State. Giving a taxpayer 48 hours or 7 days or any other period less than what the statute provides and changing assessment figures like the colour of a chameleon reduces the confidence of the taxpayer in the tax system.  “There is need to adhere to the provisions of PITA and relevant regulations in your dealing with taxpayers,” the tribunal chief said.   Source: Business post

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Operating Illegal Tax Points In Benue State

The culprits, Atime Orlu, Terhide Kumbul and Mzehemen Jaga were arrested at Luga in Gboko, near Tyogbenda Msa, in Ushongo and Awajir in Konshisha respectively. In furtherance of its resolve to eradicate illegal tax points, the Benue state special taskforce on illegal road blocks in collaboration with the Benue state police command, has arrested three persons. The culprits, Atime Orlu, Terhide Kumbul and Mzehemen Jaga were arrested at Luga in Gboko, near Tyogbenda Msa, in Ushongo and Awajir in Konshisha respectively. They were caught operating illegal tax points and extorting the unsuspecting public. They will be charged to court today Monday, 2nd Sept. 2019. It could be recalled that Executive Chairman Benue Internal Revenue Service (BIRS) Mr. Andrew Ayabam had on assumption of office announced a clamp down on all illegal tax points and activities in the state towards sanitizing the tax system. Meanwhile it has further maintained that there exist only 10 tax points in the state, namely: Zaki Biam Inspection Point-Ukum LGA Katsina-Ala Head Bridge Inspection Point – Katsina Ala LGA Branch Atser Inspection Point – Vandeikya LGA North Bank Inspection Point- Makurdi LGA Ade-Igwu, Ogbadibo Inspection Point- Ogbadibo LGA Achoho Inspection Point- Konshisha LGA Adoka Inspection Point- Otukpo LGA Ogobia Inspection Point- Otukpo LGA TyogbendaMsa Inspection Point- Ushongo LGA Naka Inspection Point- Gwer-West LGA   Source:  Lasgidi Online

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Ebonyi traders deny tax evasion allegation

Traders at the Abakpa Main Market, Abakaliki, have denied the allegation of tax evasion of levelled against them by officials of the Ebonyi State Government as the reason for invading the market and compliance. The traders spoke at a press conference in Abakaliki on Friday and urged the public to discountenance the allegation of tax evasion by the government. Southern City News recalls that violence erupted between the government officials and the traders when revenue agents forced their way into the market to enforce payment compliance. Mr Pius Mbam, who spoke on behalf of the group, said that traders at the market were law-abiding and always paid their taxes and other government approved revenues promptly. He stated, “We don’t have a problem with the government over tax payment or payment of any approved revenue in the market. Traders in the market are law-abiding, responsible and peaceful citizens, who pay their taxes to the government regularly. “We pay the N14,000 monthly business premises levy and stall fees to the Ebonyi Local Government Council. At no point has the Ebonyi State Government, its agents or privy has approached traders at the market through their leaders or individually over tax evasion or revenue default. “It is strange to us to hear that traders, who are peaceful and law-abiding, attacked Ebonyi revenue collectors, who came to enforce revenue payment compliance and to sanction those who refused to pay their taxes, including the business premises levy. “We are using this medium to inform the world that at no time did traders at the Abakpa Main Market, Abakaliki, defaulted in the payment of taxes or payment of any approved revenue. “We challenge government to show evidence of its claim. “Mr Peter Oba, who is not a shop owner or trader in the market, was brought in and imposed on the traders.” Meanwhile, the Special Assistant to the Governor on Internally Generated Revenue, Martin Ukwuegu, has insisted that the government revenue agents went into the market to enforce revenue payment compliance and denied that no trader was killed during the exercise.   Source: Punch

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Stakeholders Advocate Tax Earmarking For Tobacco Control

Participants at a high-level session on tobacco tax earmarking convened by the Nigeria Tobacco Control Alliance (NTCA) and the Federal Ministry of Health have highlighted the importance of the establishment of Tobacco Control Fund for successful implementation of tobacco control policies in the country. The meeting, held in Abuja on Wednesday, was attended by senior officials from the Federal Ministry of Finance, Nigeria Customs Service, Ministry of Budget and National Planning, Federal Ministry of Industry, Trades and Investment, Budget Office of the federation, Federal Inland Revenue Service (FIRS), as well as Centre for the study of economics of Africa and the Environmental Rights Action/Friends of the Earth Nigeria (ERA/FoEN), among others. In a communiqué issued at the end of the event, participants noted that tobacco is a leading cause of death globally and the tobacco issue in Nigeria requires urgent attention, especially with the various novel products and advertising methods that the tobacco industries are contriving. They averred that the burden of tobacco-induced diseases on public health of the country is high and concerted effort is needed to address the spate of tobacco induced diseases (non-communicable diseases) in the country. They stressed that according to global best practices and recommendations of various experts, high tobacco taxes remain the single most effective and cost effective way to reduce tobacco use. It was observed that healthcare and health coverage in Nigeria are underfunded and tobacco control needs more funding, which can be achieved through earmarking of tobacco taxes because of its success rate in other countries.   Source:  Leadership

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Businesses that may be affected by FIRS’ new VAT policy

Businesses operating in Nigeria’s internet space are preparing to add value-added tax (VAT) to their cost of doing business. Babatunde Fowler, executive chairman of the Federal Inland Revenue Service (FIRS) recently announced that the service will extend its tax net by charging 5% VAT on online transactions. Since its inception, the Muhammadu Buhari-led administration has made attempts to increase government’s revenue.In collaboration with the FIRS, Kemi Adeosun, the administration’s first minister of finance, introduced programmes like the Voluntary Assets and Income Declaration Scheme (VAIDS) and Voluntary Offshore Assets Regularisation Scheme (VOARS), which mandates citizens to pay tax on offshore assets. Adeosun and Zainab Ahmed, the current minister of finance, budget and national planning, have also made statements about Nigeria having a revenue problem, not a debt problem. Although the FIRS has not released the details of how this directive will be carried out, checks by TheCable suggests that these under-listed businesses will be affected. DOMESTIC SHOPPING WEBSITES With the advent of the internet in Nigeria, a number of domestic shopping websites have found a place in Nigeria. The most popular of these shopping websites are Jumia and Konga. These platforms offer a wide range of products and services which are all web-based. One might argue that these platforms carry some items that VAT has already been considered in the final retail price. These are some of the fine details that the FIRS will work out. FOREIGN SHOPPING WEBSITES According to the 1993 VAT act which was amended in 2007, “any service received from outside Nigeria other than those listed in appendix 1 to this Circular (i.e. the list of exempted goods and services) attract VAT at the normal rate of 5%”. In a recent interview, Folwer said it does not matter if the item has already been vatted in its originating country. “If you reside here, have your business here, and you make a purchase outside the shores of this country, you’re expected to pay VAT. Whether the invoice from that foreign merchant includes VAT in its bill to you or not,” he said. TECH COMPANIES The directive will apply to these companies on products that are sold locally. This is because the VAT act states that all non-oil exports are zero-rated. For example, Andela would be required to remit VAT for software sold locally but this will not apply to software sold to foreign companies. WEB-BASED TICKETING PLATFORMS Thinking about attending that next Davido or Tiwa Savage show,? From January 2020, organisers who choose to sell tickets online would have to remit VAT to the FIRS. However, plays and performances conducted by educational institutions are exempted from VAT. NETFLIX, IROKOTV Subscriptions to these movie streaming services are carried out online. Entertainment services are not VAT-exempt hence, they will be required to remit VAT on their subscriptions when the directive becomes effective. iTunes Like the movie streaming platforms, music streaming platforms like iTunes will also be required to remit VAT. FACEBOOK, INSTAGRAM, TWITTER Although these might appear like regular social media platforms, subscribers who use their promoted post services will be charged VAT. The VATable services may be more or less depending on the implementation framework released by the FIRS. UBER, BOLT, GOKADA, O’PAY These transportation companies rely on the internet to connect with customers and riders. Like the local shopping websites, they are directly affected by this policy. INSTAGRAM VENDORS According to the FIRS boss, banks will act as collection agents for the new policy. Instagram vendors often require that customers pay money into accounts registered with the names of their businesses. These accounts could be pointers to business transactions for banks. ONLINE LOGISTICS COMPANIES A lot of companies and businesses depend on delivery/dispatch/logistics companies to complete their transactions. Some of these logistics companies carry out the majority of their transactions online thereby making them eligible to pay VAT.   Source: The cable

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Online VAT maybe “the law”, but Nigerians are not having it

The Executive Chairman of the Federal Inland Revenue Service (FIRS), Babatunde Fowler, has again reiterated that the payment of VAT on VATable online transactions is required by the law. But while this is true by all means, Nigerians have continued to express their misgivings to this development. There are many reasons why Nigerians have continued to express their misgivings over FIRS’ move to implement this policy starting early next year. Before we examine those, let us first briefly look at why the Nigerian Government is so focused on tax at the moment. A broke government? There have been some indications that the Federal Government of Nigeria is seriously financially-handicapped. Bloomberg even reported earlier today that “Africa’s largest oil producer could run out of money if it doesn’t boost revenues urgently”. As such, the Buhari-led administration is making desperate efforts to generate more revenue. VAT for the rescue: One of the ways the government hopes to bring in more money is obviously by focusing on VAT. This comes after a leaked memo revealed that the Presidency recently queried the FIRS boss over consistent failure to meet VAT target. Consequently, the FIRS has taken it upon itself to ensure that more money is generated for the government through VAT. Fowler himself even acknowledged that “VAT is certainly something that is required, as it is the fastest-growing tax type worldwide”. But the FIRS’s move to collect VAT on online Transactions has generated quite a lot of controversies. Nairametrics recently reported that stakeholders in the E-commerce space have frowned against the move, citing that it could potentially cripple businesses. Regular Nigerians have also expressed their concerns over the move. As expected, their main concern is that an additional 5% value-added tax on online transactions will only add to the hardship already faced by most Nigerians. Just yesterday, a Nairametrics reader named Ola Ilesanmi, left a thought-provoking comment on one of our articles. Ilesanmi’s comment reads in parts; “I don’t actually know what investors will return as gains as from next January if an investor pays 1.statutory Charges on equities subscribed at 3.9% per transaction, 2. VAT on investment 5% per transaction, 3. VAT ( the percentage yet to be declared by FIRS ) on online transactions within or outside the country.” Note that the FIRS had earlier explained on Twitter that this move is not intended to stagnate the growth of SMEs/MSMEs, particularly those operating in the online space. The tax body also clarified that only online businesses that do not currently pay VAT will be required to do so henceforth. Similarly, only VATable online transactions will be subject to this policy. However, despite this explanation, Nigerians have a lot of questions.   Source:  Nairamatric

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Govt agents clash with sellers over tax

The popular Abakpa Market in Abakaliki, the Ebonyi State capital, was shut down on Wednesday, following the alleged death of an apprentice. The victim was said to have been beaten to death by persons suspected to be thugs who reportedly accompanied government officials to the market to enforce payment of tax on behalf of the state government. Our Correspondent gathered that the Ebonyi State Government task force had gone to the market to press the marketers to pay their taxes, a situation which resulted to an uprising that eventually led to chaos. During the pandemonium, the source said, policemen drafted to the area teargassed the marketers, even as the aggrieved markers were said to have responded by hauling stones and other dangerous materials. An eyewitness recounted, “Government officials had come around to demand for tax. “When they got to a man’s shop, he was said to have demanded to know what the matter was. This reportedly made one of the thugs who followed the government officials to slap the shop owner. “The man retaliated and they started beating the man, leading to his death. “Policemen have since taken over the market and the market is currently shut down. The Ebonyi State Police Command said it could not confirm the incident as of the time of filing this report. The Command’s spokesperson, Loveth Odah, told journalists in Abakaliki on Wednesday that she would not comment on the matter because her men were yet to return from the crisis scene. Reacting to the incident, the Special Assistant to Ebonyi State Governor on Internally Generated Revenue, Okwuegu Martin, denied the death of one of the traders. He explained that the state government had given the traders several notices to pay up. “They had refused to comply, until the task force embarked on the enforcement drive,” Martin said.   Source: Punch

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How To Get Tax Identification Number (TIN)

Tax payment is compulsory for every business owner in Nigeria as well as employed Nigerian citizens. However, it is impossible to pay your tax or open a corporate bank account without your tax identification number (TIN). So, in this article, we will take you through the process of how to get TIN in Nigeria either as an individual or a company. Generally speaking, to get your TIN in Nigeria, all you need to do is:     Visit the nearest FIRS office     Request for the relevant documents or forms involved     Fill the forms correctly     Return the completely filled form to FIRS     Present your valid ID card e.g International passport, National ID card, Voters Card or Drivers license     Submit your passport and fingerprints Nevertheless, we have broken down this process to answer the frequent questions people ask about tax identification number. Ensure you read till the end. What is Tax Identification Number (TIN)? Basically, TIN is a unique number given to an individual, a registered business or incorporated companies for the purpose of tax payment. Usually, the number is issued by the tax office for proper identifications and order. Why Should I get A TIN? TIN is the prove you have to show that you are a registered tax payer in Nigeria. In addition to that, TIN helps you to avoid double taxation because your payment can be traced and verified. Not only that, TIN is required for:     Government loans     Foreign exchange     Tax clearance certificate     Opening corporate account     Application for certificate of occupancy     Application for trade, import and export licenses     Registration of Motor Vehicles   Source: Entrepreneur

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Global approach to digital tax is still on track

A global attempt by more than 120 countries to find a way to more fairly tax global internet giants is moving ahead despite individual countries’ deciding to impose their own tax, says the head of the international organization leading the project. Angel Gurria, secretary general of the Paris-based Organization for Economic Cooperation and Development, said Sunday at the Group of Seven summit in France that “what we are seeing is a very strong and a very clear signal of wanting to find a multilateral solution.” France introduced a 3% tax last month on digital companies that may be headquartered elsewhere but do billions in digital business such as advertising and retail in France. That includes companies like Google, Amazon and Facebook but also big Chinese and French online businesses too. The move has angered U.S. President Donald Trump, who is threatening tariffs on French wine in retaliation. The aim of the French tax is to stop the companies from setting up regional headquarters in low-tax jurisdictions to limit their exposure in high-tax countries like France. The French government says it will drop the tax if there’s a solution in the OECD process, which aims for a result by the end of 2020. France and other countries that have moved toward a tax on digital companies have said they would “sunset” their measures, meaning they would drop them if the OECD talks lead to a result. Under the OECD framework countries are working on a better way to define where companies are taxes. There is also a parallel effort to make sure that multinational corporations pay a minimum level of tax. The 36-country OECD is a source of economic data and brings together member and partner countries to work together on key global issues.   Source: Dayton Daily News

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Common taxpayers suffered this tax filing season due to frequent changes

In the last month or so, several professional associations from across India have raised issues with the finance minister about the manner in which certain procedures, including online systems, followed by the tax department are causing difficulties for common taxpayers, instead of making life easier for taxpayers. At times, the systems cause insurmountable difficulties at the time of filing their income tax returns (ITR). One of the significant items pointed out is the late availability and constant changing of the ITR filing utility, which is an excel or java software that you fill in, and upload on the tax filing website. Earlier, the ITR formats for the year were notified sometime in May. Due to a high court order, these are now notified in the first week of April. However, you cannot file your ITR until the ITR filing utility is available, which generally (for most forms) does not come out till June. The problem does not end there. The tax utility often throws up mistakes like incorrect computation. For instance, till the first week of July, the tax utility did not compute the correct long-term capital gains (LTCG) on the sale of listed shares. Taxpayers with such LTCG had to wait till then to file their ITR. Further, the utility changes at frequent intervals, of a few days each. Therefore, if you download a utility, fill it partly and complete it after a week of getting all the relevant details, which most taxpayers do, you may not be able to upload the same utility. You will have to fill up a new utility all over again, and then upload it. The worst part is that there are many provisions in the tax utilities, whereby the income is computed in a particular manner once the details are fed in, which is at times inconsistent with court decisions. You are, therefore, forced to compute your taxable income in a particular manner, which follows the views taken by the tax authorities, though the law has been interpreted differently by the courts. When you had manual returns, you could choose to follow the views taken by the courts, and append a note explaining your stand. There is unfortunately no facility available to make such claims in the ITR, or to give an explanation regarding your view while computing your income. One, therefore, has to figure out an ingenuous way of filling in the ITR utility, whereby the income computed is in accordance with the stand that you adopt. Therefore, a taxpayer now has to understand tax laws, and also rack his brains to figure out a way whereby the utility computes income and taxes correctly. This makes tax filing a fairly complex and daunting experience for most taxpayers, who opt to outsource this task to professionals. The story does not end here. Many taxpayers receive notices from the Centralised Processing Centre stating that their ITR is defective and asking why they should not be treated as invalid since they are not correctly filled in, or threatening to increase their taxable income and their tax liability. Very often, such defects or mistakes are on account of the fact that taxpayers have used earlier versions of the tax filing utility, while the software processes all the returns on the basis of the latest utility. A clear case of early worms being penalized, instead of being rewarded. One of the major reasons for these problems is the fact that every year, so many changes are made in our tax laws, that the tax return forms necessarily have to be amended. Amendment in ITR requires amendment in tax filing utilities, often in a short period of time. The brunt of the defects in the software due to changes made in such a hurried manner is borne by the taxpayer. Perhaps, with the new direct tax law coming in, it is time that changes in tax laws and the format of tax return forms are carried out only once in five years, instead of every year. This will stabilize the systems and reduce the problems substantially. The other major problem is that the tax department is seeking to extract too much information from taxpayers, all of a sudden, or introducing such complicated provisions in laws that the software is not able to compute the income properly in the first instance. A classic case being LTCG computation for listed shares, with substitution of fair market value as of 31 January 2018. There are so many permutations and combinations at times, as in the case of capital gains for different types of assets, that bugs in the software are inevitable in the first instance. What we need, perhaps, are simpler and clearer laws, which again one hopes that one will soon have, with the new income tax law. Add to this, the penalties and the horrendous provisions for prosecution if you are lax in filing your ITR—that makes for a classic painful story for taxpayers. As Chanakya rightly said, “The ruler should act like a bee which collects honey (tax) without causing pain to the plant.” One hopes the government understands the underlying problems, and takes care to address these, rather than focusing on superficial issues.   Source: Live mint

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