Tax preparation services

Tax Substitution As Double Taxation

The power to levy tax in Nigeria, being a federation, is shared between the Federal, State and Local governments. To avoid double taxation, the tax system spells out which government unit (federal, state or local) has the power to levy tax on specific persons and matters. The Federal Inland Revenue Service Establishment Act 2007 provides in Section 25 that the Federal Inland Revenue Service (FIRS – primary tax agency of the federal government) shall have power to administer the following taxes: Companies Income Tax Act (CITA). Petroleum Profits Tax Act. Personal Income Tax Act (PITA). Capital Gains Tax Act. Value Added Tax Act. Stamp Duty Act. Taxes and Levies (Approved List for Collection). In Nigeria, CITA is applicable to companies registered under Part A of the Companies and Allied Matters Act 1990 while PITA is applicable to individuals and Business Names. For this discourse, our focus will be on PITA. PITA is the tax payable by all individuals, registered businesses and partnerships which are not companies. Part II of the Taxes and Levies (Approved list for collection) Decree No. 21 of 1998, LFN which is incorporated into the 2007 Act, provides that it shall be the sole responsibility of the states to collect all personal income tax in respect of ‘Pay As You Earn’ (PAYE) and Direct Assessment. The PAYE model is applicable to those in paid employment, while those in businesses carry out Direct Assessment and remit their taxes to the state. In effect, reading both legislations together ({Approved List of Collection} Decree No. 21 of 1998 and Federal Inland Revenue (FIRS) Establishment Act 2007), the FIRS have no authority to collect taxes from individuals, registered businesses and partnerships which are not registered companies, these falls under the remit of the state tax authorities.   Source: The Nigeria Lawyers

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Legal questions on banks’ appointment as FIRS collecting agents

The Federal Inland Revenue Service has intensified its drive to recover outstanding tax liabilities from taxpayers in default of tax obligations. To this end, FIRS has been writing to taxpayers’ bankers, appointing the banks as collecting agents, to collect outstanding tax liabilities from the taxpayers’ bank account balances. This is referred to as tax substitution. FIRS based its appointment of the banks as collecting agents on the provisions of Section 49 of the Companies Income Tax Act 2004, and Section 31 of the Federal Inland Revenue Service (Establishment) Act 2007. Section 31 of the Federal Inland Revenue Service (Establishment) Act 2007 provides that: “The Service may, by notice in writing, appoint any person to be the agent of a taxable person if the circumstances provided in sub-section (2) of this section makes it expedient to do so. “The agent appointed under sub-section (1) of this section may be required to pay any tax payable by the taxable person from any money which may be held by the agent of the taxable person. “Where the agent referred to in subsection (2) of this section defaults, the tax shall be recoverable from him. “For the purposes of this section, the Service may require any person to give information as to any money, fund or other assets which may be held by him for, or of any money due from him to, any person. “The provisions of this Act with respect to objections and appeals shall apply to any notice given under this section as if such notice were an assessment.” Section 49 of the Companies and Income Tax Act, 2007 also empowers the FIRS to collect tax due from companies and appoint agents to collect tax due from companies. It stated that: “The Board may, by notice in writing, appoint any person to be the agent of any company and the person so declared the agent shall be the agent of such company for the purposes of this Act, and may be required to pay any tax which is or will be payable by the company from any monies which may be held by him for or due by or to become due by him to the company whose agent he has been declared to be, and in default of such payment, the tax shall be recovered from him.” Typically, FIRS instructs the bank to set aside an amount equivalent to the taxpayer’s outstanding tax liability, and remit same to FIRS. FIRS also directs that the bank place a restriction on the taxpayer’s accounts and inform FIRS of any transaction on the taxpayer’s account prior to execution on the accounts. The bank is also expected to release the taxpayer’s bank statements and other financial records to FIRS. The banks, probably concerned about compliance and cooperation with government agencies, are quite swift to comply with the directives. Some valued customers are lucky to receive some notification, prior to the bank’s execution of FIRS’ directives, others, not so much. Understandably, given how difficult it often is to recover outstanding debts from recalcitrant debtors, it may not be so surprising that FIRS devised this strategy. But the appointment of banks as collecting agents has stoked several fundamental issues in relation to the propriety or otherwise of the action. Chief of them is the constitutionality of FIRS’ appointment of banks as collecting agents to collect and remit outstanding tax liabilities of taxpayers, without court orders. This is besides the conversation around the hardship that may be occasioned the taxpayer who has had his bank account restricted, particularly where it turns out that the restriction is unjustifiable. However, a salient issue that seems to have eluded discussion is the query: “Is a bank legally enabled to act as collecting agent to collect outstanding tax liabilities from its customers’ bank account(s) on behalf of the FIRS?” The provisions of Section 31(3) of the Federal Inland Revenue Service (Establishment) Act 2007 and Section 49 of the Companies and Income Tax Act, 2007 impose a mandatory responsibility on the bank appointed as collecting agent, rather than a commission earning activity. By these provisions, where the FIRS-appointed bank fails to remit the outstanding tax liability from the taxpayers’ funds in its custody, such bank would be personally liable to FIRS for the taxpayer’s outstanding liability. This certainly places the banks between the devil and the deep blue sea. A pressing issue for concern, as to the propriety of the banks’ appointment as collecting agents for FIRS is the unavoidable breach of a bank’s fiduciary duty to its customer. This issue has raised a lot of hue and cry, over FIRS’ appointment of banks as collecting agents over their customers’ outstanding tax liabilities. A bank and its staff are obliged to keep secret, information regarding the business and account(s) of its customers. In Tournier v National Provincial and Union Bank of England, (1924) 1KB 461, Bankes LJ of the Court of Appeal of England held that confidentiality was an implied term in the customer’s contract and that any breach could give rise to liability in damages if loss results. As with every general rule, there are exceptions to the duty of the bank to keep secret; every information regarding the customer’s account(s). These exceptions are:     Where the bank has duty to the public to do so.     Where the bank’s own interest requires disclosure: – This occurs for example, where legal proceedings are required to enforce the repayment of an overdraft or where a surety has to be told the extent to which his guarantee is being relied upon. Where the bank has the express or implied consent of its customer to do so: – where he supplies a reference to its customer or where it replies to a status inquiry from another bank.   Source: Punch

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Tax: Anti-corruption group makes damning allegation against Saraki

The Nigeria Anti-Corruption Vanguard has called ‎on the Economic and Financial Crimes Commission, EFCC, to probe activities of Orion Agro Industries‎ Nigeria Limited, manufacturing cigarettes in Ilorin Kwara State, considering the alleged interest of the Senate President, Bukola Saraki in the affairs of the company. It alleged that the firm was being allegedly used by the Senate President for illicit financial transactions since 2003. The group also called on the Board of Customs and Legal Department to halt process of renewing import license for the firm. The group stated this in a statement to DAILY POST on Thursday, adding that the firm was only looking for tax waiver.‎ The statement was signed by the National Coordinator of the group, Oloye Akin Ayokunle. It also called on the Comptroller General of the Nigeria Customs Service, Col. Hammed Ali to do its due diligence before processing the Orion Agro Industries application for renewal of importation license. The statement added, “One of our concerns again is the speed at which the process of renewing this firm license is taking at Customs, there is a government policy that additional investments should not be entertained in the Tobacco sector, Orion Agro Industries has not been in business for almost 20 years. “According to our investigation Bukola Saraki bought into the company when he was elected the Governor of Kwara state in 2003. Since then the firm has been a signpost for illicit money laundering activities for Saraki and his cronies in the PDP. “After closing shops for many years, the firm suddenly using Saraki last minute influence has applied to the Nigeria Custom for renewal of its license and tax waivers on pretense of building it’s factory in Nigeria. “The company imports from it’s main manufacturer in Poland, not a single stick of cigarette was produced in Ilorin Nigeria since 2004 when it was importing tax free. “The company should be made to give account for its local investment in Nigeria and engagement with its host communities during its years of waivers before it’s license is renewed. “Also this company has not paid a dime as tax into the federation account and the Kwara state government. It’s in public domain that Kwara state Governor AbdulFatai has given the company 20 years tax holiday, meaning the government at all level will not get anything in return from Orion Agro Industries.” “Everything about Orion Agro Industries‎ is shrouded in secrecy, details of the company has been pulled out on the Corporate Affairs Commission,CAC registered companies portal neither does it have Standard Organization of Nigeria SON approvals on production or importation of tobacco products in the country. “Also the company does not have any records in SON since 2003 it has been in operation but has been moving money out of the country in guise of importation,” Ayokunle said. ‎”We are also calling on the EFCC to probe in to the financial transactions of Orion Agro Industries‎ and its link with Senate President Bukola Saraki.”‎ The group recalls that under the PDP government in Nigeria, license were issued, “to anybody for anything, once you get access to Aso Rock. This Orion is just one of the many companies in Nigeria that have illegally benefited from waivers and tax holidays from government. But failed to deliver on regulation guiding the sector.”   Source: Daily post

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Bandits tax us before allowing us access to our farms – North-West farmers

Farmers in the North-West geopolitical zone have recounted their ordeals following the increasing rate of banditry and kidnapping, saying bandits have resorted to taxing them before they can have access to their farms. They said apart from this, most of them have been forced to abandon their farms, adding that except something urgent was done to end banditry; food insecurity would be triggered in the country. For instance, in Zamfara State, farmers’ associations said bandits had resorted to taxing their members before allowing them to go to their farms.  The groups stated that in Kebbi State, the hub of rice farming, that 350 farmers, mostly rice cultivators, had abandoned their farms. They, therefore, warned that the increasing rate of banditry and kidnappings in the North-West geopolitical zone could affect food production in the area by over 50 per cent. Officials of the All Farmers Association of Nigeria and the Rice Farmers Association of Nigeria in separate interviews with the News Agency of Nigeria explained problems its members were facing. NAN also reported that 10,000 households, mostly peasant farmers, had been displaced in Zamfara State. 350 farmers abandon farms in six LGAs in Kebbi Also, the Secretary of AFAN in Kebbi State, Muhammad Idris, in an interview with  NAN in Birnin Kebbi, said, “Over 350 farmers have been affected as a result of banditry in Danko/Wasagu, Argungu, Yauri, Ngaski, Zuru and Birnin Kebbi local government areas. “Our members, especially rice farmers, have stopped going to their farmlands in those areas for fear of being kidnapped or killed. Rice farming is not like any other farming as it requires constant and close monitoring; you have to be closer and observant of how it grows and the level of water and all that, hence you have to be going to the farm everyday if not, it will not yield positive result,” he said. A farmer,  Garba Isah, in Gwadangwaji area of Birinin Kebbi, said due to rampant kidnappings he was unable to go to the farm for sometime out of fear, warning that the situation could trigger food insecurity. Many people in N’West have lost interest in farming – Kaduna AFAN chair Also, AFAN chairman in Kaduna State, Alhaji Nuhu Aminu, said many farmers had lost hope in their farming business due to security concerns in the North-West. “As I am talking to you now, those that are willing to go and cultivate their farmlands are not up to 30 per cent because of fear of kidnapping,” he said. Aminu added that in the last farming season, some farmers were unable to harvest their crops due to security problems. Some villagers in Giwa Local Government Area of the state said because of insecurity, farmers were no longer safe and free to cultivate their farms. A resident of Karau-Karau village in the local government, Mallam Ibrahim Musa, said, “Many of us cannot go to our farms for fear of bandits and this is our main business as villagers; kidnapping has become a common phenomenon in this area.” According to  NAN, villages affected by the activities of bandits in Giwa Local Government Area are Fatika, Sabon Sara, Kidandan, Galimawa, Gangara and Iyatawa. Bandits tax Zamfara farmers before allowing them to farm —RIFAN secretary It was a different case in Zamfara State. Farmers in the state chapter of RIFAN said they envisaged 50 per cent reduction in rice and other farm produce in the forthcoming farming season because of the activities of criminals.  The RIFAN Secretary in the state, Sanusi Muhammad, said there had been continued decline in agricultural production in the state over the years, which had worsened the poverty level of the people. He stated, “Most of our farmers cannot go to farms due to fear of bandits’ attacks and kidnapping. Bandits send messages of attack to communities or tax farmers large amounts of money before they allow them to go to farms. “Bandits are now the ones who decide whether we go to farms or not,  in some areas even if farmers plant crops they cannot cultivate due to insecurity. The situation is unfortunate; most of our members are victims of this ugly situation. “Most of the areas affected by insecurity are areas where we have large numbers of farmers. Some of our farmers producing thousands of bags of grains, not only rice, almost all the crops grow in this state now cannot produce even a quarter of the quantity of food they used to produce.”   Source: Punch

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Tax: Fowler Debunks Report Of Missing Funds

Chairman of the Federal Inland Revenue Service (FIRS), Mr. Tunde Fowler, has dismissed reports suggesting that money paid as taxes was missing from the agency’s coffers. Fowler made the clarification in his office in Abuja yesterday. The clarification came in the wake of media reports alleging that taxpayers’ money in the custody of the agency was missing. The FIRS chairman explained that taxes collected by the FIRS were not paid into the coffers of the Service, but directly into the Federation Account, electronically, through the Central Bank of Nigeria (CBN). The FIRS, he further explained, does not have access to taxpayers’ money, adding that its operations are funded by appropriation of the national assembly through monthly remittances by the Federation Accounts Allocation Committee (FAAC). Over the last few weeks, there have been media reports around alleged exploitation of the Service’s accounting system on Duty Tour Allowance (DTA) by some staff to collect claims that they were not due for. This alleged infraction is said to be under investigation by the Economic and Financial Crimes Commission (EFCC), with some media outlets suggesting that the probe was into missing taxpayers’ money. Fowler explained that the issue at stake in this inquiry was related to operational/travel funds within the FIRS’ expenditure budget. “On the DTA (Duty Tour Allowance), it is claimed that some staff applied for and were granted allowances to travel on official trips. Some are alleged not to have travelled for the number of days for which they were slated. The EFCC is looking into that. Sometimes, it is good to have a third party investigate matters like this instead of having a staff investigate another staff. “Investigation by a third party is more objective. FIRS has since taken steps to remediate this. The EFCC will soon complete its investigation. Anybody found guilty will be dealt with through our administrative process,” said the FIRS boss. Fowler also stated that the agency has a relationship with the EFCC through which it combats tax evasion. “We have a relationship with the Economic and Financial Crimes Commission (EFCC). We have a partnership through which we combat evasion of taxes. People don’t want to get into trouble with EFCC. So, they pay on time,” he explained. Fowler added that FIRS acknowledges the statutory rights and responsibilities of anti-corruption agencies and other government agencies such as the EFCC, the Independent Corrupt Practices and Other Related Offences Commission (ICPC), State Security Services (SSS) to inquire into the operations of the Service. He promised that the FIRS would continue to give access to agencies with statutory rights and all those who seek information on its operations. He added that invitation of FIRS officials by the EFCC, Police, SSS and ICPC to shed light on financial transactions and operations of the Service were not uncommon and were continuous. Fowler noted that the FIRS is a public trust operated on behalf of Nigerians and affirmed that no officer of the Service was at large. The FIRS boss thanked all stakeholders, including the media, for their interest in the operations of the Service. However, he enjoined the media to always go the extra mile to ascertain the truth, particularly on sensitive financial issues where taxpayers and public trust  were at stake. He reassured the general public of FIRS’ commitment to public accountability and transparency in the sacred mandate of tax collection.   Source: Leadership

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FIRS recommends a 63-day timeline for completion of tax audit exercises

The Federal Inland Revenue Service (FIRS), on 30 April 2019, notified the public that it has introduced new measures to simplify and ease tax audit experience for all taxpayers. The new measures are intended to: Reduce tax audit cycle to 63 days Eliminate multiple tax audits by various tax authorities Facilitate a single tax audit exercise window for a taxpayer that operates in more than one tax jurisdiction within Nigeria In order to ensure that the above objectives are achieved, FIRS, various States Internal Revenue Service (SIRS) and Joint Tax Board (JTB) signed a Memorandum of Understanding (MoU). Understandably, the achievement of the 63-day cycle for completion of a tax audit exercise will depend largely on human factors such as; ease of provision of relevant documents by taxpayers, level of efficiency of the tax authorities during the review process and availability of the parties for reconciliation meetings to resolve the tax audit issues identified. Thus, it may be challenging or difficult to conclude some tax audit exercises within the recommended timeline above. Nonetheless, the recommended timeline sets a benchmark that tax authorities and taxpayers can work towards to ensure the speedy conclusion of tax audits. To ensure the objectives of the new measures are achieved, tax authorities may also consider simplifying tax audit selection procedures and adopting a risk-based approach to tax audit exercises. Further, while there are no indications on the required steps to reduce the audit completion cycle, elimination of multiple tax audits would go a long way in reducing the time spent by taxpayers. With respect to elimination of multiple tax audits, the FIRS Notice requires a taxpayer that operates in more than one tax jurisdiction within Nigeria, to apply for a joint tax audit through JTB, or the Office of FIRS’ Executive Chairman, or the Office of the Chairman of the relevant SIRS where the taxpayer’s head office is domiciled. This initiative is a welcome development and a step in the right direction in addressing taxpayers’ clamour for elimination of multiple tax reviews and audits to ensure efficient use of resources of both the tax administrators and the taxpayers. It remains to be seen, how the MoU would play out. It would be recalled that FIRS signed MoU with SIRSs during the Voluntary Assets and Income Declaration Scheme (VAIDS). However, the aftermath of VAIDS was greeted by conflicting tax audits/reviews by SIRSs, which included years already covered under VAIDS, for which a taxpayer had already made a voluntary declaration. It is hoped that the MoU would be upheld to ensure that the above objectives are met.   Source: Deloitte

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Fowler: EFCC probing FIRS staff over ‘fraudulent payments’

The Economic and Financial Crimes Commission (EFCC) has launched a probe into the activities of some staff of the Federal Inland Revenue Service (FIRS). Babatunde Fowler, FIRS chairman, confirmed the development to TheCable on Wednesday saying the probe borders on alleged cases of irregularities concerning duty tour allowance (DTA). “On the DTA (Duty Tour Allowance), it was claimed that some staff applied for and were granted, allowances to travel for official trips. Some are alleged not to have travelled for the number of days, for which they were slated. The EFCC is looking into that,” he said. “Sometimes, it is good to have a third party investigate matters like this instead of having a staff investigate another staff. An investigation by a third party is more objective. FIRS has since taken steps to remediate this. “The EFCC will soon complete its investigation. Anybody found guilty will be dealt with through our administrative process.” Fowler also dismissed claims that taxpayers’ money has gone missing. He explained that all taxes are paid directly into the account of federation account through the Central Bank of Nigeria. “The FIRS does not have access to taxpayers money. Its operations are funded by an appropriation of the national assembly through monthly remittances by the federation accounts allocation committee (FAAC),” he said. Fowler added that FIRS acknowledges the statutory rights and responsibilities of anti-corruption agencies and other government agencies such as the EFCC, the Independent Corrupt Practices and Other Related Offences Commission (ICPC), State Security Services, SSS to inquire into the operations of the Service. The FIRS chairman promised that FIRS would continue to give access to agencies with statutory rights adding that invitations of officials of the service by EFCC, the Police, SSS and ICPC to shed light financial transactions are not uncommon.   Source: The Cable

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Fowler: Taxpayers’ Money Not Missing from FIRS

The Chairman of the Federal Inland Revenue Service (FIRS), Mr. Tunde Fowler, has dismissed reports suggesting that money paid as taxes is missing from the agency’s coffers. Fowler made the clarification in an interview in his office in Abuja, yesterday. The clarification came in the wake of media reports alleging that taxpayers’ money in the custody of the agency is missing. The FIRS chairman explained that taxes collected by the FIRS are not paid into the coffers of the agency, but directly into the Federation Account, electronically, through the Central Bank of Nigeria (CBN). The FIRS, he further explained, does not have access to taxpayers’ money, adding that its operations are funded by appropriation of the National Assembly through monthly remittances by the Federation Accounts Allocation Committee (FAAC). There were reports of alleged exploitation of the agency’s accounting system on Duty Tour Allowance (DTA) by some staff who collect claims that they are not due for. This alleged infraction is said to be under investigation by the Economic and Financial Crimes Commission (EFCC). However, some media outlets have reported that the probe was into missing taxpayers’ money. But Fowler explained that the issue at stake in this inquiry is related to operational/travel funds within the FIRS’ expenditure budget. “On the DTA (Duty Tour Allowance), it is claimed that some staff applied for and were granted allowances to travel on official trips. Some are alleged not to have travelled for the number of days for which they were slated. The EFCC is looking into that. Sometimes, it is good to have a third party investigate matters like this instead of having a staff investigate another staff. Investigation by a third party is more objective. FIRS has since taken steps to remediate this. The EFCC will soon complete its investigation. Anybody found guilty will be dealt with through our administrative process,” said the FIRS boss. Fowler also stated that the agency has a relationship with the EFCC through which it combats tax evasion. “We have a relationship with the Economic and Financial Crimes Commission (EFCC). We have a partnership through which we combat evasion of taxes. People don’t want to get into trouble with EFCC. So, they pay on time,” he explained. Fowler added that FIRS acknowledged the statutory rights and responsibilities of anti-corruption agencies and other government agencies such as the EFCC, the Independent Corrupt Practices and Other Related Offences Commission (ICPC), and the Department of State Services (DSS) to inquire into the operations of the agency. He promised that the FIRS will continue to give access to agencies with statutory rights and all those who seek information on its operations. He added that invitations of FIRS officials by the EFCC, Police, DSS and ICPC to shed light on financial transactions and operations of the agency are common and are continuous. Fowler noted that the FIRS is a public trust operated on behalf of Nigerians and affirmed that no officer of the Service is at large. The FIRS boss thanked all stakeholders, including the media, for their interest in the operations of the agency. However, he enjoined the media to always go the extra mile to ascertain the truth, particularly on sensitive financial issues where taxpayers and public trust are at stake. He re-assured the general public of FIRS’ commitment to public accountability and transparency in the sacred mandate of tax collection.   Source: This Days

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How insurers’ N37 billion tax affects industry growth

About 55 life and non-life underwriting companies in the country have paid N36.5 billion as tax to the government through the Federal Inland Revenue Service (FIRS) in the last five years.The Guardian reliably gathered that between 2013 and 2017 financial years, these underwriters generated N100.4 billion as Profit Before Tax (PBT) and were left with Profit After Tax (PAT) of N63.9 billion, having paid N36.5 billion as tax to the government. The tax paid translates to about 35 per cent of the profit made within this period.  A data sourced from the Nigerian Insurers Association (NIA) showed that insurance companies made N9.8 billion as PBT, which was reduced to N4.9 billion after tax, having paid N4.8 billion as tax in 2013 financial year, while the industry recorded N6.3 billion PBT in 2014, which went into a negative of N691 million, after the operators paid about N7 billion as tax. In 2015, insurers made N11.3 billion profit, but the profit reduced to N6.1 billion, after paying N5.2 billion tax in that financial year. In 2016, the companies paid N11 billion as taxes from PBT of N29.4 billion declared and were left with PAT of N18.3 billion. Similarly, the insurers made a profit before tax of N43.8 billion in 2017 financial year and paid N8.3 billion tax to the government, leaving a profit after tax of N35.5 billion. Although, tax paid to government by insurance companies in 2018 financial year remains sketchy, as they are just releasing their financial accounts, there are indications that the tax could rise above N10 billion, given government’s plans to generate more revenue locally to finance the 2019 national budget Apart from paying tax on management expenses, short term lending, among others, insurers were also mandated to pay tax on claims, which is the core business of underwriting, meaning that the higher the claims paid by an underwriter, the higher the tax to be paid on such claims. The federal, state and local governments had embarked on aggressive revenue hunt, picking on corporate bodies like insurance companies, as a major part of the tax drive. Enforcement of these taxes reached an alarming rate last year with some insurance companies shut down by the Federal Inland Revenue Services (FIRS), until they were made to clear off their outstanding taxes. While the situation has a negative implication on the books of some struggling insurers, some had their little profit cut short by these taxes, while the big underwriters were not exempted from the impact of these taxes. NIA, under the leadership of its past Chairman, Eddie Efekoha, had complained that insurance industry is being subjected to  multiple taxation that is gradually eroding the profits of insurance companies, thereby, affecting their ability to give good returns on investment to shareholders as well as stakeholders. Efekoha, however, believes the permanent solution lies in amending the tax code, which takes some times to be amended, as it has to go through legislative processes at the National Assembly. “Giving returns on investment to shareholders and stakeholders has a lot to do with how much you make as profit, but in a scenario like ours, where we are subjected to multiple taxation, it becomes difficult to pay dividend to shareholders. “The more tax we pay, the more the returns to our stakeholders diminish. If you are to pay tax on claims and on management expenses, what this means is that you have little or nothing left to pay dividend to shareholders,” he said.  However, there was an ongoing discussion between NIA and FIRS to try to address this challenge. Last year, the General Manager, Retail Life, AIICO Insurance Plc, Sola Ajayi, said the tax code in Nigeria is too hard on both life and non-life insurance companies, as they were not allowed to take advantage of deferred tax, especially, for life business. “We cannot take advantage of those taxed assets because of Section 33 and Section 16 of the tax code. Section 33 is saying, we must pay minimum tax, while Section 16 is saying, even when you have a tax exempt income, you must pay something. “So, you cannot exempt paying tax on the life business where some are even incurring losses and you cannot fully take advantage of all your reliefs,” he said.  For non-life business, he said, the tax code does not recognise the whole claims paid as expense, noting that, no matter the claims you paid, you can only relief 25 per cent of it. According to him, “if you pay claims of any amount, the law does not allow claims as expenses, it only allow 25 per cent of it. So, why are we in operation? Is it not to pay claims?”   Source: Guardian

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Nigeria: A nation pauperized by tax evasion

In 2017, the World Economic Forum (WEF) ranked Nigeria 125 out of 137 countries in its Global Competitiveness Report. The WEF survey found that Nigeria’s potential for structural change was impeded by inadequate investment in infrastructure, technology, higher education and innovation. Nigeria has long depended on oil as its economic mainstay with paltry attempts at diversification over the years. But a recent Bloomberg report finds that this one-source revenue base is unsustainable. Moreover, Nigeria is yet to regain its economic bearings following the 2014 crash in global oil prices. Experts find a viable alternative in the non-oil sector and available statistics from the Federal Inland Revenue Service (FIRS) justify this. At a tax-related interactive session with the Manufacturers Association of Nigeria (MAN) held in February, FIRS Chairman Babatunde Fowler disclosed that the non-oil sector outpaced the oil sector with a significant 54% contribution to the N5.32 trillion revenue generated in 2018. “Moving the government’s revenue away from oil dominated foreign earnings to more predictable sources have the potential to accelerate the country’s economic growth,” he said. But making the switch is not as easy as it sounds, thanks to Nigeria’s abysmal tax compliance levels. Fowler reinforced this when he argued that most businesses in the country charge customers Value Added Tax (VAT) for products supplied or services rendered but do not remit same to the government as statutorily required. As such, government lacks the incentive to deliver on capital projects that will fast-track the economic growth collectively envisaged. A Legacy of Tax Evasion In 2014, then Coordinating Minister of the Economy, Dr. Ngozi Okonjo-Iweala, disclosed that 65% of companies in Nigeria had declined to forward their tax returns and a whopping 75% were not in the FIRS tax net. During the FIRS Stakeholders Engagement Forum organised in Lagos at the time, she maintained that the much vaunted case for economic diversification would gain little traction without a steady pipeline of alternative income sources such as taxation: “We have engaged in a process of increasing our non-oil taxes. Every Nigerian wants to see us depend less on oil, and more on the other resources of the economy.” But by 2015, the situation was no different. Chairman of the Edo State Internal Revenue Service (EIRS) argued that 80% of taxable Nigerians had no Tax Identification Number (TIN) and were therefore out of the tax net. At the Annual Tax Conference (ATC) organised by the Chartered Institute of Taxation (CITN) in Abuja at the time, he reportedly said this state of affairs was denying Nigeria lots of revenue that could ordinarily be invested in economic development. “When you calculate the tax income revenues Nigeria ought to have made and deduct it from the amount realised, we will all understand Nigeria is missing much,” he said. Year 2017 saw only 214 people in populous Nigeria paying taxes above N20 million. During a parley focused on economic growth jointly organised by the Nigerian Stock Exchange (NSE) and Bloomberg, then Minister of Finance Kemi Adeosun emphasised that Nigeria’s infrastructural deficit could only be addressed through a national culture of consistent tax payment: “We have just 40 million active tax payers out of an estimated 69.9 million…and of that 40 million, majority are PAYE, those who have their taxes deducted at source.” She disclosed the government’s plans to recruit 7,500 community tax officers tasked with educating the citizenry about the significance of tax compliance. If statistics from 2018 are anything to go by, Ms Adeosun’s community engagement did little more than skim the surface. FIRS disclosed that over 6,772 billionaires do not pay tax. This category of individuals have between N1billion and N5 billion in their accounts, but no Tax Identification Number (TIN) with which they can file the statutory percentage of tax returns on their income.   Source: Vanguard

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