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VAT: What Tinubu failed to tell Buhari – Peter Obi

The Vice Presidential candidate of the Peoples Democratic Party, PDP, in the February 23 presidential election, Mr. Peter Obi, has described as gratifying, the recent warning of All Progressives Congress, APC, leader, Bola Ahmad Tinubu, against the removal of Value Added Tax otherwise called VAT. Obi said that Tinubu’s warning which makes economic sense given the situation in the country was at variance with that of his party and goes to underscore the uncoordinated campaign they dished out to Nigerians. The VP candidate said in a statement from his media office on Sunday that the position of the PDP and the presidential candidate which was made loud and clear during the electioneering is that tax must be relaxed to act as incentive to investors. Obi insisted that the right way to go to shape up the economy given the magnitude of unemployment in the country is to have an attractive economic policy that will be inviting to entrepreneurs and investors. He stated that APC’s earlier stance of increasing tax, VAT inclusive shows the height of insensitivity of a government that careless about the plight of the populace. Obi said that Tinubu’s warning is good but he should have been humble enough to credit to the opposition party instead of making it feel as if it has been the position of the party. “It’s extremely unrealistic for anybody to think of growing the economy of this country, and creating jobs just by increasing tax, it’s too a simplistic approach”, he noted. The former Anambra State Governor said that he hopes that Tinubu would go further also to advice his party to embrace restructuring as that is the only option left to move this country forward. “Anybody thinking that this country will work without tinkering with the political and economic structure is deceiving himself because no nation grows on injustice”, he added. Obi furtehr described as unfortunate the fact that Nigeria with all her potentials is among the three African countries according Pew Research Center Where 45% of the adult population are desiring to leave the country.   Source: Dailypost

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VAT: Economy Will Be More Vulnerable, Manufacturers Warn Nigerian Govt

The Manufacturers Association of Nigeria (MAN) has asked the Federal Government to tread with caution in the drive for improved revenue. The Director-General of MAN, Mr Segun Ajayi-Kadir, said this in a statement on Wednesday while reacting to the plan by the government to increase the Value Added Tax (VAT). Officials of the Federal Ministry of Finance had defended the Medium-Term Expenditure Framework (MTEF) that VAT be increased by 50 per cent during a presentation in the Senate. Ajayi-Kadir, however, said such policy was not ‘manufacturing friendly’, adding that implementing it would have a negative effect as a result of the planned increase in minimum wage. “As plausible as the recommendation to increase VAT may look, implementing it at this time would boomerang because the timing is inappropriate, especially at a time when the minimum wage of N30,000 was just agreed upon,” he stated. The MAN DG added, “This could send a wrong signal that the government is not sensitive to the plight of the low- and middle-income earners, who are clearly in the majority. The Nigerian economy will be in a more vulnerable state if VAT is increased. “No controversy, the burden of the tax would be shifted to the Nigerian consumers that are already struggling, the economy would certainly experience demand crunch, inventory of unsold items would soar, profitability of manufacturing concerns would be negatively impacted, many factories will witness serious downturn or wind down operations.” Ajayi-Kadiri, therefore, advised the government to widen the tax net rather than increase the rate in order to meet the growing need for more revenue to address the development objective of the country. He also appealed to the government not to increase the VAT at this time but consider the implementation of the afore-mentioned tax specific recommendations. The MAN DG asked the government to continue to ramp-up support for the manufacturing sector in the best interest of the people.   Source: Channels

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Fowler says VAT is for poor

The Federal Inland Revenue Service (FIRS) yesterday explained that the Value Added Tax (VAT) is a consumption tax primarily designed to support poor people, and not to create hardship for them. It’s Executive Chairman, Babatunde Fowler allayed fears that the increase in VAT may cause hardship for the poor, stating that VAT is charged on consumption and capacity to consume. He said: “When you don’t consume certain categories of goods and services, you are not liable to pay VAT charges on those items. The VAT is not charged on all medical and pharmaceutical products. It is not charged on basic food items. It is not charged on books and educational materials. It is not charged on baby products, fertilizers, locally produced agricultural and veterinary medicine. A VAT is not charged on farming machinery and farming transportation equipment. “VAT is not charged on all exports, plant machinery and goods imported for use in Export Processing Zones and free trade zone: Provided that 100 percent production of such company is for export. “Other services exempted from VAT are medical services, services rendered by Community Banks, People’s Bank and Mortgage Institutions, plays and performances conducted by educational institutions as part of learning and all exported services are exempted from VAT. Fowler said some people misunderstood what VAT is. The VAT is a consumption tax. If you don’t have money to purchase certain categories of goods and services and you don’t consume them, then VAT is not your problem. “VAT is used to assist the needy. VAT provides support for the needy, not a hardship on them; 85 percent of VAT collected is shared among states for them to provide free education, free health services, provide basic amenities among others. “We can see what the Federal Government is doing with the tax money. Look at the rail system, the Abuja-Kaduna rail is complete. Look at the Lagos-Ibadan expressway, look at the education system, the school feeding programme among others. If at the state level, your government cannot justify the taxes you pay to them, you have the right to vote them out in the next four years,” Fowler said, according to a statement from FIRS.   Source: Pulse

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You can’t increase VAT, Tinubu tells FG

The National Leader of the All Progressives Congress, Bola Tinubu, on Thursday urged the Federal Government not to increase the Value Added Tax. He said an increase in VAT will reduce the spending capacity of the people and might increase hardship. He urged the Federal Government to rather consider increasing the tax net. He spoke on Thursday during the 11th Bola Tinubu Colloquium marking his 67th birthday, at the International Conference Centre, Abuja. It may be recalled that, sequel to the approval of N30,000 as minimum wage by the National Assembly, the Minister of Budget and National Planning, Senator Udo Udoma; and the Chairman of the Federal Inland Revenue Service, Mr. Babatunde Fowler, had said the Federal Government was considering an upward review of the Value Added Tax by 50 per cent. Udoma and Fowler who stated this on Tuesday when they appeared before the Senate Committee on Finance, said the increment was to, among others, enable the Federal Government to fund the new national minimum wage. Fowler said the proposed payable VAT by Nigerians based on the increment would actually be between 35 per cent (6.75%) and 50 per cent (7.25%). The government is currently charging five per cent VAT on all products in the country.   Source: Punch

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Raising VAT to pay salaries

Having dug itself into a fiscal hole, the Federal Government is preparing to make Nigeria’s public finances even messier. To meet its obligations in the impending new wage bill negotiated with labour unions, Budget and National Planning Minister, Udoma Udo Udoma, said changes were being mulled in the Value Added Tax rate, among others, “to fund the (new) minimum wage once it is announced.” This is counter-productive, unimaginative and ultimately bound to hurt business and the fragile economic recovery process. Nigeria needs today above all else,  economic managers that understand the demands and dynamics of policies that will promote free enterprise, investment, job creation and efficient fiscal management best practices. Sadly, this has been signally lacking in President Muhammadu Buhari’s government and its predecessors. In times of adversity, visionary leadership thinks outside the box. The proposal to raise the five per cent VAT rate across the board is anything but visionary. Inflation could rise, job losses worsened and pressure on pay and pensions increased. As a result, millions more people may be pushed into extreme poverty. Udo Udoma and the Chairman of the Federal Inland Revenue Service, Babatunde Fowler, briefing  the Senate Committee on Finance, both hinted at changes in the VAT rate “and other things.” Fowler was quoted as saying that the increase could come by this year end. Although he has since issued a rebuttal, claiming he was misquoted, he nevertheless canvassed a review of the VAT rate. Reviewing the VAT rate is in itself not a bad idea, especially as the five per cent rate has been maintained since its introduction about 25 years ago. The motive and the timing are however reprehensible. There is no justification whatsoever to raise the sales tax on all goods and services to be paid by all for the purpose of raising the salaries of less than two per cent of the population.  Nigerians are poor, denied the benefits of their natural material endowments precisely because of a distorted governance template that impoverishes the many and directs resources to only a few. Already, civil servants, elected and appointed officials absorb a disproportionate slice of all federal, state and local government expenditure. In the 2018 national budget, for instance, over N2.9 trillion out of the total outlay of N9.1 trillion was earmarked for personnel costs. The N8.82 trillion budget proposals for 2019 being considered by the parliament set aside N3.4 trillion for these purposes. The timing is altogether wrong; when the economy slows or contracts, intelligent governments adopt measures to stimulate productive activities, boost consumer demand and create jobs. A favourite time-tested one is to offer corporate bodies and investors tax breaks to free resources for investment and new hires. A sweeping VAT rate increase will achieve the opposite as Nigeria’s productive sectors are currently beset by low consumer demand, factory closures, exchange rate instability, high energy and inputs costs, gridlock at the ports and capital flight. Of the 272 firms reported by the Manufacturers Association of Nigeria to have shut down in the 12 months to August 2016, 222 of them were small businesses that dropped over 180,000 jobs. The National Bureau of Statistics put the number of jobless at 20.9 million by December 2018 as unemployment spiked to 23.1 per cent.  A thinking government would first, have linked salary increases to productivity, right-sizing and realistic revenue expectations. Singapore, reputed to have one of the world’s best public services, has in-built pay increases and in 2017, added $15-20 to the monthly pay of lower level civil servants in response to first quarter GDP growth of 2.7 per cent and expected 3 per cent growth by year end. Instead of a general VAT increase  that will be passed on to consumers, further reduce spending power and provoke more job losses, the government should first implement liberalising policies at the ports and fine-tune existing ones. It should ramp up new tax incentives and devote considerable energy to promoting SMEs and start-ups. Considered the backbone of its economy and comprising over 90 per cent of its 65 per cent workforce, Malaysia has a procurement policy compelling patronage of its products and services. More importantly, the measure is cynical and doubly discriminatory. Fowler has repeatedly highlighted how wealthy individuals and corporate entities evade taxes. Kemi Adeosun, the immediate past minister of finance, lamented in 2017 that only 14 million of the 70 million taxable adults paid tax and that 800,000 firms had never paid tax; while Lagos State admitted that, of its eight million taxable adults, less than 600,000 paid income tax. That is not all; oil companies are said to owe Nigeria over $43 billion as confirmed by a Supreme Court judgement, while NEITI, the extractive industry watchdog, every year publishes details of revenue leakages running into billions of dollars, and corruption at the Nigeria Customs Service continues to deprive the three tiers of government their much needed revenue. It is cynical to cite the higher VAT rates in other jurisdictions to beguile the unwary. Singapore’s sales tax rate of 7-8 per cent must be juxtaposed with its efficient, affordable public transportation, health care and utilities. South Africa’s efficient 22,000 kilometres of rail and its expanding network of subsidised bus services have no peer in Nigeria. A more cautious approach is to introduce the increase sectorally.  For instance in January, a VAT rate increase from 9 per cent to 13.5 per cent was introduced in the hospitality sectors only in Ireland. In the United Kingdom, there are three bands of VAT: zero, 5 per cent and 20 per cent. According to the BBC, many regular purchases such as food and children’s clothing are zero-rated. Domestic fuel and wind-turbine installation are 5 per cent. Other things like hot take-aways and televisions are 20 per cent. Fowler and the other agencies should, therefore, go after tax dodgers, seal the leakages and widen the tax net by greater efficiency and the use of technology tools. The government needs the political will to compel tax compliance among

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‘Why Nigeria must reduce tax uncertainties, retain high returns’

For Nigeria to attract more foreign investments, government must minimise tax uncertainties, by ensuring that it plans tax reforms such that the content and timing is clearly communicated to tax payers, while maintaining the high investment returns. This would enable the country to be continually identified by business leaders as an investment destination and the future hub for West Africa. Indeed, Nigeria was a leading destination for Africa-bound investments and enjoyed significant growth, but uncertainty around the tax and other variables, have caused many potential investors to adopt a conservative approach to investments. The Partner and Head, Transfer Pricing Sevices of Andersen Tax, Dr. Josh Bamfo, while speaking at the Transfer Pricing Thought Leadership Publication, in Lagos, said Nigeria has consistently been ranked first in sub-Saharan Africa in terms of opportunity and higher returns, but rated the worst in terms of perceived risks and uncertainties. Transfer price is the price at which divisions of a company transact with each other, such as the trade of supplies or labor between departments. Transfer prices are used when individual entities of a larger multi-entity firm are treated and measured as separately run entities. A transfer price can also be known as a transfer cost. According to Bamfo, tax uncertainties, which are typically institutional flaws in process, as well as unclear rules, like in Nigeria, would continue to impact negatively on the country’s investment, trade and compliance level. “FDI goes to environment where there is high returns and certainty. Everybody knows that in this part of the world, there are high returns, but the challenge is the perceived risk. As long as we can bring our risk down, with those higher expected returns, there is going to be more FDI. “Clarity in terms of transfer pricing regulations is very important to a taxpayer – a tax payer wants to minimise cost, while tax administrator wants to maximise revenue. If there is no clarity, there will be uncertainty, which is the risk, and foreign investors would not come in a jurisdiction where there is uncertainty of regulations. “Multinationals who want to come into this sub-region would put into considerations the level of certainty and clarity of tax because this would help them to plan compliance. As long as there is clarity in terms of transfer pricing regulations and our tax administration is fair, there will be inflow of more FDI in Nigeria. “This is because we happened to be the last jurisdiction or region that investors need to take advantage of in terms of opportunities. All the neighbouring countries have been explored,” he said. The Chairman of AndersenTax, Seyi Bickersteth, said if government fails to structure its tax obligations in a manner that depicts clarity and certainty, the country would suffer erosion of tax revenue because investors would move funds to a more favorable jurisdiction. “It means that the countries would loose their revenue because it forces the multinational companies to look at their own policies to be able to benefit,” he said.   Source: Guardian

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National Assembly Passes New Housing Law, To Impose Over 200% Of Personal Income Tax On Low Income Earners

The National Assembly has passed a new law, the National Housing Fund (Establishment) Act 2018. The key provisions of the Bill include the following: Mandatory 2.5 percent contribution of monthly income by employees earning minimum wage and above in public and private sectors to be deducted and remitted monthly by all employers     2.5 percent of income by self-employed individuals     2.5 percent levy on cement, locally produced or imported     Banks, insurance companies and pension fund administrators shall invest a minimum of 10 percent of their profits before tax into the Fund at an interest rate not exceeding 1 percent above rate payable on current accounts by banks     Penalty for non-compliance of up to N100 million for corporates and N10m for individuals     Sanctions include cancellation of operating licenses of banks, insurance companies and PFAs for violations     Withdrawal by contributors who have attained the age of 60 years or 35 years of service to be at interest rate of 2% per annum     The Fund and any refund of contributions are exempted from payment of taxes 10 reasons why the proposed law is a bad idea:     The contribution is regressive as it taxes the poor more than the rich.     Making all employers liable to deduct and remit the contributions monthly (without a threshold) will worsen the ease of doing business and Nigeria’s paying taxes ranking     Introducing earmark taxes and increasing the tax burden of contributors without addressing other fundamental issues like land registration and legal framework for real estate investment trusts is inconsistent with the 2017 National Tax Policy     Imposition of the 2.5% levy on cement is a tax on property development which will make housing even less affordable. It is counter-intuitive to impose a tax on cement in order to make housing development more affordable.     The penalty regime is draconian, excessive and disproportionate to the violations under the law     The exemption from tax clause is badly worded, it means refunds are exempt but contributions are taxable.     Negative impact on the capital market – because banks, insurance companies will have to set aside 10 percent of the profits for NHF investment, the returns available to shareholders will be less hence reducing the attractiveness and value of their shares     Cost of other funds – Since funds will be forcefully diverted from other uses, it means less liquidity and hence higher cost of borrowing     GDP impact – the opportunity cost of the funds going to NHF is that investment will be negatively impacted as well as consumption thereby impacting negatively on GDP growth especially in the likely event that the growth from NHF investment in housing is insufficient to offset the decline in other sector.     Pensioners will be worse off as the return of 2% per annum on their contributions to be withdrawn after attaining 60 years of age or 35 years of service means their investment will be completely eroded.   Source: Mondaq

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Sanitation council calls for tax reduction on sanitary pads

The Water Supply and Sanitation Collaborative Council on Tuesday called on the Federal Government to reduce tax paid on the importation of sanitary pads to promote menstrual health in the country. Dr Virginia Kamowa, the Technical Expert on Menstrual Hygiene Management, WSSCC made this call at the ongoing Training of Trainers Workshop on Menstrual Hygiene Management in Makurdi. According to her, poor access to sanitary materials, potable water and sanitation has been known to be a leading cause of loss of dignity for women and girls. She noted that countries such as Tanzania, Kenya, Canada, and South Africa had reduced such taxes, adding that in the UK, it was compulsory for menstruation education to be taught as a subject in all schools. She said that this had helped the countries to make policies which had promoted inclusion and better the lives of women and girls. “A number of countries have started to develop programmes and integrate menstrual hygiene management in their policies including removing taxes for sanitary materials that women use when they are menstruating. “Recently, the UN Council on Human Rights passed a resolution urging all countries to take decisive action to ensure that women and girls have universal access to information on menstrual products and facilities that are needed for improved menstrual hygiene. “So, it is important that Nigeria removes such barriers such as taxes, so that women and girls will live better and more productive lives.’’   Source: Punch

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Implications of FGN’s Increase of VAT Rate to Pay for the New Minimum Wage

The Minister for Budget and National Planning, Udoma Udo Udoma and the Executive Chairman of the FIRS, Babatunde Fowler hinted during an interactive session with the National Assembly on Tuesday 19 March 2019 that VAT rate is likely to go up to enable government fund the new minimum wage of N30,000 per month approved by the National Assembly. FIRS subsequently clarified that the intention is to increase compliance rate and not tax rates but says Nigerians should be ready for a VAT rate increase by the end of 2019. Potentially this means an increase of about 50% will raise the current standard VAT rate of 5% to 7.5%. The question is, should government increase VAT rate? To put things in perspective, the average VAT collection in the past 6 years is about N900 billion. The revenue is shared 15% to the Federal Government, 50% to States and 35% to LGs net of 4% cost of collection to FIRS. If the rate is increased by 50% (all things being equal) we will generate on average an additional N450 billion annually. Less 4% cost of collection to FIRS, all 36 states will get 18 billion per month translating to an average of N500 million per state. Since Lagos, FCT, Rivers, Kano and Kaduna generate 87% of VAT revenue, they also share a big chunk of VAT revenue, meaning that the financially disadvantaged states will get much less than N500 million monthly. Unfortunately all things are never equal especially when it comes to tax. An increase in VAT rate will inevitably impact on consumption and VAT compliance. The combined effect will reduce the expected revenue. “Contemplating an increase in VAT rate now is bad timing and inconsistent with current economic reality. VAT increase will lead to higher inflation, interest rate hike, more unemployment and generally make people poorer. Any increase in VAT rate without a registration threshold and zero rating of basic consumption will increase burden on the poor and SMEs contrary to the 2017 National Tax Policy. Trying to expand the VAT net while also increasing VAT rate at the same time is a faulty tax strategy. Nigeria can make twice as much from VAT at current rate by reforming the law, expanding the net and ensuring robust administration rather than by increasing rate.” Beyond the revenue impact, there will be other unintended consequences including: higher inflation, interest rate hike, more unemployment and people will generally become poorer. without a VAT registration threshold and zero rating of basic consumption it will increase the burden on the poor and SMEs contrary to the 2017 National Tax Policy. seeking to expand the VAT net while also increasing VAT rate at the same time is a conflicting strategy. Rather than the seemingly easy way out of raising rates, what can Nigeria do? Nigeria can make twice as much from VAT at current rate by reforming the law, expanding the net and ensuring a robust administration rather than by increasing rate. This should include a review of VAT waivers, better policing of the border to improve import VAT collection, framework for VAT on imported services and digital economy. Contemplating an increase in VAT rate now is bad timing and inconsistent with current economic reality. In any case the likely increase in revenue will not be sufficient to pay the new minimum wage.   Source: Investadvocate

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Deadline For Filing Of Annual Employees’ Tax Returns (Form A)

Section 41 of the Personal Income Tax Act (PITA) Cap P8 LFN 2004 (as amended) requires all individuals to submit their individual tax returns (Form A) with the relevant tax authority. This return is for all income earned from all sources in the preceding year and it is due for submission by 31 March of every year. Individuals are by this notice, reminded of their statutory obligation to file their 2018 annual tax returns with the relevant tax authority, on or before the deadline of 31 March 2019. In the same manner as the employers’ tax returns (Form H1) were filed, Form A for Lagos State Internal Revenue Service (LIRS) and Rivers State Internal Revenue Service (RIRS) should be filed online.   Source: Mondaq

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