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Lagos, taxation and economic development

SEVERAL years ago, fourth President of the United States of America, James Madison said that the power of taxing people and their property is essential to the very existence of government. Similarly, Franklin D. Roosevelt, the only US President to serve three terms also underscored the importance of tax when he asserted that: “Taxes, after all, are dues that we pay for the privileges of membership in an organised society.” Roosevelt relied on taxes, particularly from rich taxpayers, to fund programmes designed to pull the country out of the Great Depression. The various New Deal revenue acts in the mid-1930s substantially boosted the tax burden on the wealthy, raising the effective income tax rate on the top one per cent from 6.8 per cent in 1932 to 15.7 per cent in 1937. Scholars of development economics have written a lot on the issue of taxation and its import to economic development. Amidst the penumbrae of arguments, the central tendency is that taxation is the price people pay for government services. Most often, because of the inherent tendency of people to resist payment of tax for essential services, taxes are compulsory payments individuals make to government. Tax The element of coercion is justifiable in that legitimate government activities can hardly be carried out without fiscal resources. These activities include defense, protection of life, property and individual liberty – which are fundamental rights enshrined in the Nigerian Constitution. Irrespective of the school of thought one belongs, one is doubtless bound to contribute a certain portion of his income to government for the provision of essential social services. Similarly, it is the duty of government to apply such monies in the most efficient way to improve the living standards of the people. Since the return of democratic dispensation in 1999, successive administrations in Lagos State have had to contend with the knotty issue of attempting to boost the State Internally Generated Revenue, IGR, through the implementation of a viable and sustainable tax system. With about N600 million in 1999, when Asiwaju Bola Tinubu took over, the IGR rose to between N10 billion and N11 billion by 2007 when he left office. With continuing reforms in the internal revenue system, aggressive tax drive, capacity building and professionalism of the Lagos Internal Revenue Service, LIRS, the IGR of the state had by 2015 when Mr. Babatunde Fashola, SAN, left office, risen to about N23 billion monthly. What has been the secret of Lagos’s economic growth under the current administration is a revenue enhancement reform which has achieved higher IGR and providing a sustainable financial base for bridging the huge infrastructure deficit estimated at over US$50bn. Implementation of financial policy such as widening of the State tax net, expansion of tax base, updating/upgrading of databases, improvement of administrative processes and operational efficiencies, among others has so far achieved an average monthly IGR of N34 billion in 2018 compared to monthly averages of the last three years. It could be recalled that in just two and half years, the Lagos Government constructed Abule-Egba and Ajah bridges among several other capital projects. There is vast empirical evidence that taxation correlates highly with economic growth in addition to some spill-over effect on effective service delivery. Lagos is a good example for research work in this direction. At the global level, no economy in history has ever achieved high per capital growth without a sustainable tax system. In fact the advanced capitalist economies depend heavily on taxation in running their economies. In Europe, U.S.A and Latin America, tax evasion is a punishable offence without the option of fine. The global economic power of Japan is Personal Income Tax. Taxes available to state governments to collect from the citizens across the country include: Personal Income Tax in form of Pay-As-You-Earn, PAYE, or Direct Taxation (Self-Assessment), withholding Tax (Individuals Only), Capital Gains Tax (Individuals Only), Stamp Duties on instrument executed by individuals, Pools Betting, Lotteries Gaming and Casino Taxes, Road Taxes, Business premises registration fee in respect of urban and rural areas which includes registration fees and per annum for the renewals as fixed by each state, Development Levy (individuals only) not more than 100 per annum on all taxable individuals and Naming of street registration fees in the State Capital. Other classification of taxes are: Right of Occupancy fees on lands owned by the State Government in urban areas of the State, Market Taxes and Levies where State finance is involved, Land Use Charge, where applicable, Entertainment Tax, where applicable, Environmental (Ecological) fee or levy, Hotel, Restaurant or Event Centre Consumption Tax, where applicable, Signage and Mobile Advertisement, jointly collected by the State and Local Government among others. It is, thus, surprising that today many states and local governments still give the impression that their entire operations depend on the statutory Federal allocation. It is an aberration that even the Federal Government still depends heavily on oil. In Lagos, the impacts of enhanced revenue base in development strides in the state are quite visible to all. For instance, in 2016 alone, the state government commissioned 114 roads across the state while another 181 roads were built in 2017.   In the health sector, 14 additional LASAMBUS operational points were created while 26 new ambulances for General Hospitals and LASUTH as well as 20 new Mobile Intensive Care Units were inaugurated.   With a view to bridging the housing deficit gap in the state, between February and April 2017, 500 lucky beneficiaries of the Rent-To-Own Housing Scheme were presented with keys to their home.   Similarly, numerous giant strides have been made in education, sports, transportation, food security, tourism among others. Governments across the country need to borrow a leaf from Lagos State and be committed to expanding their tax net, updating/upgrading of databases, improvement of administrative processes and operational efficiencies of their tax agencies. Source: Guardian

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LIRS Extends The Deadline For Filing 2018 PAYE Returns

The Lagos State Internal Revenue Service (LIRS) has extended the statutory deadline for employers to file their annual Pay-As-You-Earn (PAYE) tax returns by six working days from 31 January 2019 to Friday 8 February 2019. The extension became necessary to accommodate the significantly high number of taxpayers who are yet to file their PAYE tax returns through the designated online channel due to glitches on the platform.  The LIRS also announced that, with effect from Monday 4 February 2019, it will establish an alternative platform for taxpayers who have high volume of tax returns to file. Employers who are yet to file their PAYE tax returns to the LIRS should, therefore, take advantage of the extended window to comply, and promptly escalate any further teething problem with the e-filing platform to the LIRS. Source: Proshare 

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FIRS urges SMEs to pay taxes

The Federal Inland Revenue Service (FIRS) on Saturday urged Small and Medium Enterprises (SMEs) to pay taxes to attract investors. FIRS Deputy Director, Mrs Angel Fadahunsi, made the appeal at the Techpoint Build expo held in Lagos. The News Agency of Nigeria (NAN) reports that Techpoint Build is a conference and exhibition that connects startups and SME community with industries, bringing together people from across Nigeria and neighbouring countries. According to her, taxes are collected from business owners to sustain the nation and to provide amenities that will enhance both lives and businesses. “SMEs need to pay taxes, firstly because it is the law, needed for the development of the nation, provision of social amenities like road, hospital, taxes are needed to sustain these things. “Lots of SMEs are looking for investors that will invest in their business but an investor will only invest in businesses that pays tax to avoid being shut down,” she said. Fadahunsi also adviced the SMEs that in planning for their business, they needed to factor paying of bills like taxes into it.    She said that complaining that taxes paid were too much was not the case as tax payment whether with the federal, state or local government was essential to avoid business closure. She listed some basic steps that would guide the SMEs as to first register the business immediately to get the Tax Identification Number (TIN) which she added was free. She urged them to keep proper records of their business expenses as much as possible , so that when they start making profit, they would be able to make the right tax payment. She pointed out that the Value Added Tax goes with goods and services and grace period was not attached to it, adding that once profit was made, tax was required. “Tax is laid on profit between 20 to 30 per cent and that is why proper business records is required. “If the business did not make any profit in a year, it behoves the owner to file the returns so that the FIRS will know,” she said. Also Mrs Kemi Balogun, Team Lead, Tech and Service Partnership, AXA Mansard Insurance PLC., said that insuring businesses was to protect it from unforseen events. According to her, an SME is not expected to have so much money to put, so when one sets up their business, the first insurance policy to do has to do with the persons and employees health. “Insurance is affordable for an SME and is key to making the business stand against all odds. “Having good health is paramount and you cannot run your business well if you are sick, so the need to insure against accident and others. “The next is insuring the equipment and structure, the assets that so much money was put in to start the business against theft, flood, fire and others,” she said.   Source: Guardian

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FIRS will surpass N5.3tn 2018 revenue

The Executive Chairman, Federal Inland Revenue Service, Mr Babatunde Fowler, has said that the service will this year surpass the N5.3tn revenue generated in the 2018 period. He said this during a chat with finance journalists on Thursday in Abuja. Fowler said that the service had embarked on a series of reforms aimed at making it easier for taxpayers to pay their taxes. He said the reforms had started yielding results as the service was able to generate its highest ever tax revenue of N5.3tn in 2018. The FIRS boss explained that while huge revenue could be generated from oil, such revenue was unsustainable due to the volatile nature of the crude oil prices. Fowler said the government recognised the importance of non-oil revenue to economic development, adding that this was why the service was being positioned to generate adequate revenue for the distribution by the three tiers of government. He said, “We recorded some improvements last year as well made the sum of N5.3tn which is the highest in the history of the service. “But it’s not about that but on what it can do. Many people believed that if we are generating so much money, then the Federal Government budget has no problem being funded. “But they tend to forget that what we generated is shared between the three tiers of government. “We generated N5.3tn and the highest before then for the country was N5.07tn.  But the difference here is that in 2012, the oil revenue tax accounted for 64 per cent while in 2018 oil revenue accounted for 46 per cent.” He said as a result of the dwindling oil revenue, the FIRS was working hard in ensuring taxes were collected and remitted for the benefits of the nation and all the three tiers of the government by targeting non-oil revenue. In carrying out its mandate within the dynamic economic environment, the FIRS boss said the service had adopted initiatives to ensure a robust tax administration that was beneficial for all stakeholders. Source: Punch 

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ANN Flays Planned Increase In VAT

The Alliance for New Nigeria (ANN) has condemned the plan by the Federal Government to increase Value Added Tax (VAT) from the current 5 to 7.5 percent, adding that the proposed increase smacked insensitivity on the part of government to the suffering of Nigerians.      Lanre Oyegbola, Director General, ANN 2019 Presidential Campaign, in a press statement, said, “An additional 2.5 percent of VAT would automatically increase the shelf price of most items from the moment it is implemented and this would create a ripple effect across both the formal and informal sectors of the economy.” The campaign director general noted that the All Progressives Alliance (APC) government is one that gives with one hand and takes it away with the other given the timing of the increase in the VAT.            He said one could not explain the fact that while the President Muhammad Buhari-led government was yet to agree to the minimum wage deal with labour, the same government was at the same time increasing the VAT, adding that it was a show of deception and insensitivity to the plight of Nigerians. Oyegbola called on Nigerians to reject every form of deceit the government might bring to the table. He also called on the people of Nigeria to vote against the APC and the Peoples Democratic Party (PDP) in the February 16 2019 presidential election. Source: Independent 

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FEDERAL INLAND REVENUE SERVICE COUNTRY-BY-COUNTRY REPORTING REGULATIONS

a. Introduction The Federal Inland Revenue Service (FIRS) has published the Income Tax (Country-by-Country Reporting) Regulations, 2018 (CbCR Regulations). The CbCR Regulations was made public on 19 June 2018 and have an effective date of 1 January 2018. The Country-by-Country reporting is a response to evidence-based research on the direct consequence of harmful tax practices that result in profits being moved away from where they were made to the ultimate benefit of the taxpayer. b. Implications of CbCR The CbCR is one of the three-tiered transfer pricing documentation approach recommended by the Organisation for Economic Cooperation and Development (OECD) in the Action 13 report of the Base Erosion and Profit Shifting (BEPS) project unveiled in October; 2015. The CbCR contain information on the location of revenue, profits, taxes, employees and economic activity within large MNE Groups, based on a standard template. The objective of the CbCR is to allow tax administrations to perform high-level transfer pricing risk assessments and to evaluate other BEPS related risks. In Nigeria, the ultimate parent entity (UPE) of an MNE Group that is resident for tax purposes in Nigeria  would be obliged to file the CbCR, where the consolidated revenue of the Group is N160 billion or above.  As provided in the Regulations, the CbCR must be filed within 12 months following the MNE Group’s accounting year end.  An MNE Group member (Constituent Entity) whose UPE is not tax resident in Nigeria, is required to notify the FIRS of the identity and tax jurisdiction of the entity responsible for filing the CbCR. This notification must be made no later than the last day of the reporting accounting year of the MNE Group. c. Notification and Consequence for Non-Compliance To show commitment to driving compliance with the Regulation, the FIRS has subsequently released guidelines for completing the CbCR template and more recently, a Public Notice reminding MNE Groups operating in Nigeria of their obligation to make the above notification to the FIRS. The public Notice serves as a wake-up call for MNE Groups to comply and avoid stiff administrative penalty imposed by the Regulations for non-compliance. Penalty for late filing of CbCR has been determined at N10,000,000 for the first month of default and N1,000,000 for every month the default continues while penalty for incorrect/false report is N10,000,000. Penalty for failure to notify FIRS of the MNE Group’s UPE, Surrogate Parent Entity or identity & residence of the Group’s reporting entity has been determined at N5,000,000 for the first month of default and N10,000 for every day the default continues.

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FIRS withheld N300bn in 3yrs as cost of collecting taxes

The Federal Inland Revenue Service, FIRS, made a whooping N300.4 billion in three years, between 2016 and 2018 as the cost of collecting taxes. According to the law setting up the revenue collection agency, FIRS is allowed to deduct four percent as cost of revenue collection from non oil taxes before remitting the remaining to the Federation Account. According to data from the FIRS, a breakdown of the N300.4 billion cost of revenue collection by the FIRS showed that N85.99 billionwas received in 2016, which is about 2.6 per cent of the total actual taxes of N3.30 billion collected in 2016. In 2017, the FIRS received N100.3 billion as the cost of revenue collection out of the N4.02 trillion it generated, while in 2018 fiscal year, the service got N114.1 billion as the cost of revenue collection out of the N5.32 trillion revenue it generated for that year. Source: Vanguard  www.innerkonsult.com      

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Pay Tax To Facilitate Development, Oyetola, Oluwo Urges Osun People

THE Oluwo of Iwo, Abdulrasheed Akanbi over the weekend underscored the need for people of Osun to pay tax in order for the government to bring about effective development in the state. He made the appeal in Iwo township during the “Thank You” tour of the state governor, Mr Gboyega Oyetola to the people of the community. According to Oba Akanbi, “there is no other way than to pay tax. We cannot continue to rely on funds from the Federation Account if we want to develop this state. What if there is no oil money?” Source: Vanguard 

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FIRS leverages digital platforms to widen tax net in N8trn revenue target

The federal in land revenue Service (FIRS) is to leverage digital platform sin widening the tax net to meet the N8trillion revenue projection of the government for 2019. In growing the nation’s revenue through taxation to surpass the N5.3tn generated in 2018, the highest revenue generation for the FIRS, there is a need to strengthen legislation on Nigeria’s digital economy. Nigeria digital economy is estimated to worth $88bn by 2021 with a capacity to create about three million jobs. The FIRS in leveraging technology in tax collection, especially Value Added Tax (VAT), is to adopt the DSTV model. Babatunde Fowler, the executive secretary of FIRS said DSTV is one of the first cooperate organisations in Nigeria to implement ‘VAT auto collect’, which has significantly increase on tax collection. “… as you pay your subscription to DSTV, the portion that is VAT is remitted straight to government and that is basically what we are calling on all corporate organisations to do including our state government,” said Fowler. Fowler stated this at the 2019 FIRS stakeholders retreat themed, “Parliamentary Support for Effective Taxation of the Digital Economy” held in Lagos recently. According to Fowler, the FIRS have deployed technology in to tax administration and collection to bridge the burden on tax payers. You can pay your taxes through your phone, on your banking application at no cost. So, in terms of the cost and even all cost of collection has gradually started going down. Basically we have to realise that those who pay taxes are those who make profit and those who earn income,” Fowler stated. Speaking on the revenue generated in 2018 being the highest made by the service, Fowler said “It means it can be done – for the last three years the non oil revenue have exceeded the oil revenue; while the increase in tax payers has doubled within three years and Nigerians now realized the only way to get sustainable economy and get revenue is through taxation”. Data from the FIRS also indicates a rise in taxes collected in comparison of non oil to oil revenue for 2016 – 2018. For non oil revenue, the services collected 64.99; 62.25; and 53.62 percent in 2016, 2017, and 2018 respectively, while oil revenue for the period under review was 35.01; 37.75; and 46.38 percent. Babangida Ibrahim, the chairman House committee on finance said the National Assembly is ready to fast track legislative intervention for a digital economy. “I can assure you that anything that will bring improvement on revenue generation of government will be supported: anything that will assist government in deciding and implementing policy; we will support it,” said Ibrahim. On the implication multiple taxation and burden of widening the tax net to bring in more revenue for government, Ibrahim said “There are many mechanism of widening the tax base; it is only when you widen the tax base that will enable you to collect more tax. Widening the tax base does not mean taxpayers are liable to pay tax – that is what most people do not understand. Source: Punch 

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Federal Government realises N35bn from tax recoveries

The Federal Government realised over N35 billion in tax recoveries out of N92.7 billion tax liabilities by tax defaulters as it deepened enforcement reforms to shore up its non-oil revenue. The tax reforms initiative increased the number of taxpayers to 19 million with additional of over five million new taxpayers enrolled, Minister of Finance, Mrs. Zainab Ahmed disclosed over the weekend in Lagos while interfacing with journalists on major economic mileages of the current administration. The government, in 2017 introduced Voluntary Asset and Income Declaration Scheme (VAIDS), a time-limited opportunity for taxpayers to regularize their tax status relating to previous tax periods and pay any taxes due. In exchange for fully and honestly declaring previously undisclosed assets and income, taxpayers will benefit from forgiveness of overdue interest and penalties, and the assurance they do not face criminal prosecution for tax offences or tax investigations. Ahmed said government was oblivious of pileups of tax related cases; a development she said hampered government tax revenues. To break the deadlock, she said eight Tax Appeal Tribunals (TATs) were constituted last year across the nation to accelerate the resolution of over 209 pending cases relating to tax revenues of about $18.8 billion, N205.654 billion and €821,000 respectively. The minister listed other steps taken by government to boost collection of nonoil revenues to include, the reconstituted Presidential Revenue Monitoring and Reconciliation Committee (PRMRC) to provide reconciled data on oil and non-oil revenues (1999 – 2018; & 2019); to enable real-time monitoring of oil and none oil revenue collection; enhance scrutiny of budgeted expenditures and operating surplus remittances by Government-Owned Entities (GOEs); increased tax collection through Federal Inland Revenue Service’s automation of VAT collection at source and implementation of Project Lighthouse to mine data from recent tax amnesty exercises and recover unpaid taxes. Source: Headline Nigeria 

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