Tag: Tax

  • What to know about new ‘Facebook tax’

    What to know about new ‘Facebook tax’

    Social media platform Facebook has started informing Nigerian users on the platform of intentions to start charging value added tax (VAT) due to implementation of the tax regime in the country.

    TheNewsGuru.com (TNG) reports Nigerians who use Facebook as a means to market or sell their products will start paying VAT, beginning from 1st of January 2022.

    With the development, Nigerians will now pay a VAT at the applicable rate of 7.5 percent as the Nigerian government looks to bite a chunk off the ads revenue of the social media giants, not without a burden on Nigerians, though.

    The new Facebook tax is in pursuant of the Companies Income Tax (Significant Economic Presence) Order, which is further given impetus by the Finance Bill 2021, which scaled second reading at the Red Chamber of the National Assembly (NASS) on Wednesday.

    TNG reports Facebook, owned by Meta, is the biggest social media platform worldwide. There were 27.6 million Facebook users in Nigeria as of March 2020, which accounted for 12.8% of its entire population.

    The majority of them were men – 60.9% and people aged 25 to 34 were the largest user group (9.5 million). The highest difference between men and women occurs within people aged 25 to 34, where men lead by 2.3 million.

    According to data sieved by TNG from Statista, a leading provider of market and consumer data, advertising accounts for the vast majority of the social network’s revenue.

    The social media giants accumulated an impressive 69.66 billion U.S. dollars in annual ad revenues in 2019. In 2020, Facebook generated close to 84.2 billion U.S. dollars in ad revenues, a 21 percent increase from the 2019 figure.

    TNG further reports Facebook’s average revenue per user significantly increased from 6.81 U.S. dollars in 2013 to 32.03 U.S. dollars in 2020.

    In terms of segments, mobile is the most promising advertising form for the company. In 2018, Facebook’s mobile advertising revenue already accounted for 92 percent of the social network’s total advertising revenue.

    Facebook’s mobile advertising revenue grew from an estimate of 13 billion U.S. dollars in 2015 to 50.6 billion U.S. dollars in 2018.

    Meanwhile, the CIT order by the FG does not only seek to collect VAT for every ad running on Facebook, beginning from January 2022.

    The document imposes tax on any “foreign entity with respect to certain services or digital transactions tax foreign digital service providers offering services to Nigerians and earning revenue in naira.

    To be captured into the CIT net beginning from next year as well are other social media platforms, including Twitter, YouTube, LinkedIn, and Instagram that is also owned by Meta, among others.

    All foreign digital companies involved in transmitting, emitting, or receiving signals, sounds, messages, images or data of any kind including e-commerce, app stores, and online adverts are also captured into the CIT net.

    Also in the coming year, the federal government has proposed to widen the Company Income Tax Act (CITA) to a broad segment of businesses covered by lottery and gaming.

    Such businesses include: “betting, game of chance, promotional competition, gambling, wagering, video poker, roulette, craps, bingo, slot or gaming machines and the likes”.

  • BREAKING: Nigerians to start paying tax for using Facebook from January

    BREAKING: Nigerians to start paying tax for using Facebook from January

    Nigerians will start paying value added tax (VAT) for using Facebook, beginning from 1st of January 2022.

    TheNewsGuru.com (TNG) reports the tax is directly to Nigerians who use the platform as a means to market or sell their products.

    Already, Facebook has started informing users on the platform of the development via email.

    With the development, Nigerians will now pay a VAT at the applicable rate of 7.5 percent.

    The email to Facebook users seen by TNG reads: “Due to implementation of a value-added tax (VAT) in Nigeria, Facebook is required to charge VAT on the sale of ads to advertisers, regardless of whether you’re buying ads for business or personal purposes.

    “All advertisers with a business country of Nigeria will be charged an additional 7.5% VAT on advertising services purchased beginning 1 January 2022.

    “If you’re registered for VAT and provide your VAT ID, your VAT ID will show up on your ads receipts. In the event that you’re entitled to recover VAT, this may help you recover any VAT you paid to the Nigerian tax authorities if you are a VAT registered business in Nigeria”.

    TNG reports the new tax regime is in pursuant of the Companies Income Tax (Significant Economic Presence) Order, introduced in 2020 as an amendment of the Finance Act 2019.

    The document imposes tax on any “foreign entity with respect to certain services or digital transactions tax foreign digital service providers offering services to Nigerians and earning revenue in naira.

    Also, this is carried in the Finance Bill 2021, which scaled second reading at the Red Chamber of the National Assembly (NASS) on Wednesday.

    Meanwhile, the federal government has in recent times gone hard on social media platforms, especially Twitter.

    The Nigerian government slammed an indefinite suspension on the operations of the microblogging platform in the country, citing activities capable of undermining the nation’s corporate existence. And till date the suspension is yet to be lifted.

    To be captured into the CIT net beginning from next year as well are social media platforms, including Twitter, YouTube, LinkedIn, Instagram, among others.

    All foreign digital companies involved in transmitting, emitting, or receiving signals, sounds, messages, images or data of any kind including e-commerce, app stores, and online adverts are also captured into the CIT net.

    Also in the coming year, the federal government has proposed to widen the Company Income Tax Act (CITA) to a broad segment of businesses covered by lottery and gaming.

    Such businesses include: “betting, game of chance, promotional competition, gambling, wagering, video poker, roulette, craps, bingo, slot or gaming machines and the likes”.

    Also, the Finance Bill 2021 seeks to bar those without Tax Identification Numbers (TIN) from opening bank accounts. Besides, account holders would no longer be allowed to operate their accounts without providing TIN.

  • Introduce ‘sin’ tax and increase IGR – Dele Sobowale

    Introduce ‘sin’ tax and increase IGR – Dele Sobowale

    “Impose special taxes on alcohol, tobacco, World Bank tells Nigeria.”

    That was news report published last week. It coincided with my search for archived notes made during seminars and workshops during the debate on whether or not to introduce the Value Added Tax, VAT. As usual, the socialists and Labour leaders, who found nothing wrong with multiple Sales taxes, concluded that VAT will increase prices and inflation. That was all they saw in it. They were partly correct. Prices would go up slightly; but not by much since Sales Taxes would be abolished. The inflationary impact would however occur only once – at the time of introduction. Thereafter, prices stabilise.

    Incidentally, the same socialists and Labour officials ignore the impact of salary and wage increases on prices and inflation. Any good student in 100 Level Economics can easily tell them that wage increases produce the same result on selling prices of goods or provisions of services.

    I was searching for my notes because, with everybody now being aware that the Federal Government and the states are in deep financial trouble, there is an urgent need for all governments to think of new ways to generate more revenue. I recollect that during the VAT debate, the issue of separating alcohol and tobacco from other items subject to VAT was discussed. The suggestion was made then to impose 10 per cent tax alcohol and tobacco – both of which created social maladies for which societies paid heavily. But, the idea was dropped on account of fear that it might derail the entire proposal.

    “Sin taxes” are special taxes which governments place on social behaviour – alcohol consumption, smoking, prostitution and now cannabis — which they have tried unsuccessfully to discourage. It has been a simple matter of “if you can’t stop them , then tax them.” Make money out of bad habits.

    Last week in Abuja, Mr Shubham Chaudhuri, Country Director for Nigeria of the World Bank Group, brought up the idea again; within the context of improving heath care in Nigeria. Here is what he said.

    “If we want to improve healthcare in Nigeria, we need to tax those things that are killing us…The economic rationale for taxing these products is strong if we want to save lives and make a better and healthier Nigeria.”

    While we in the 1990s focussed on just alcohol and tobacco, Chaudhuri wants us to include sugar-sweetened beverages. The idea of imposing the “sin” tax is not new and now that we have adjusted to VAT needs to be revisited. However, many Nigerian economists would argue that the consumption of sugar-sweetened beverages in Nigeria has not reached the epidemic levels experienced in advanced and even Middle Income Countries, MICs. Most Nigerians are still struggling with getting basic food items to eat, sugar-sweetened beverages are luxuries they can ill-afford. The cases for alcohol and tobacco are obviously different. The case for special alcohol tax is perhaps the strongest.

    In addition to the long-term undesirable healthcare effects of alcohol consumption, its most pervasive negative impacts on society include the following: violence – including murder, involuntary homicide, rape, arson, assaults on women and girls and accidents. Nobody in Nigeria has accurate statistics on how many lives and properties lost annually on account of drunk drivers. It must certainly run into trillions of naira; at least, it must surpass what is budgeted annually for the Ministry of Health. If individuals cannot be prevented from drinking and driving, it makes economic sense to impose taxes and raise revenue to improve on the services available nationwide to people – including the drunkards themselves.

    The case for increasing tobacco tax is not so obvious; at least not in Nigeria. The Tobacco Smoking (Control) Decree 20, 1990, introduced by the Babangida administration, when late Professor Olikoye Ransome Kuti was the Federal Minister of Health, was slow in getting public support. But, today in Nigeria, tobacco smoking is no longer the main concern. Nigerian youths have shifted massively from cigarettes to a lot of stuff that now have their parents and the kids climbing up the walls. Unfortunately, the Nigerian narcotics trade – now worth trillions – is all in the underground sector. Because they are illegal, there is no official record of transactions. No VAT is collected now; the prospect of increasing VAT revenue from that source is nil. On the whole, that means only VAT increase on alcohol remains the only sure bet. That should not be discarded however. Even, N60 billion additional revenue generated and directed annually at making incremental improvements in our healthcare sector can go a long way eventually in bringing us closer to the more advanced nations.

    CORRUPTION – THE ELEPHANT IN THE ROOM

    It is far easier to conceive of how to generate more revenue than for the funds to be spent for the services intended. The World Bank Country Director was speaking as if he was addressing an audience in Canada, Japan, Belgium or Singapore – nations where every kobo raised for a special purpose would be used as intended. There would be no diversions or embezzlement. Unfortunately, Nigeria has a different history and current experience. There is probably no Ministry, Department or Agency, MDA, at the moment, which is corruption-free. Raising more revenue might not result in improved healthcare as he envisages. It will certainly increase the pool of funds to be embezzled.

    In that likely event, consumers of alcohol will be penalised twice – they will pay more for their pleasure; they still will not receive life-saving attention when they wrap their car around a lamp pole.

    Now, as in the 1990s, I still think this is an idea worth trying for our own sake. Eventually, the Nigerian people will discover that if they don’t allow their votes to count on every Election Day, then the funds meant to provide services will continue to be stolen by elected officials and Civil Servants.

    My biggest fear concerning this proposal is the timing. Coming so late in the year when people in government just want to wind down the clock, it might not receive the attention it deserves. From January next year until Election Day 2023, all our political leaders will have their attention on one thing – the Elections. And, Buhari will increasingly become a lame duck President. I fail to see who will drive the idea through the National Assembly, NASS – before this assembly passes into history. So, this is either an idea whose time is gone or whose time has not yet come. Nobody should expect any work to be done on this suggestion until at least 2023. It will be placed in the archive for the next President. Buhari will certainly not touch it.

     

  • Multichoice Africa loses suit over dispute on $342m outstanding tax to FIRS

    Multichoice Africa loses suit over dispute on $342m outstanding tax to FIRS

    South African Company, Multichoice Africa Holdings B.V has lost the legal battle with the Nigerian government-owned Federal Inland Revenue Services (FIRS) over the disputed $342 million tax has been struck out.

    The Tax Appeal Tribunal, on Tuesday, struck out the appeal by the company for want of diligent prosecution and ordered It to pay up the $342 million tax assessment handed over to It by the FIRS.

    Multichoice Africa Holdings is the parent company of Multichoice Nigeria and has engaged FIRS in court to challenge the assessment of the FIRS on it of unpaid Value Added Tax (VAT) amounting to over $123.7 million.

    The Tribunal while delivering its judgment on the appeal filed by the company upheld the preliminary objection of the FIRS against the appeal of Multichoice Africa Holdings B.V and stated that the South African company did not comply with Order 3 Rule 6 of the Tax Appeal Tribunal (Procedure) Rules, 2021, which requires that an appellant is to deposit half of the assessed amount it is disputing before it can be heard on appeal.

    In addition to depositing the sum, the appellant is required to file along with its appeal an affidavit verifying the payment which the company also failed to comply with.

    According to the Tribunal, the sum is to be paid as a security for the hearing of any tax appeal. The rule states that “for an appeal against the tax authority, the aggrieved person will pay 50 per cent of the disputed amount into designated account by the Tribunal before hearing as security for prosecuting the appeal.”

    FIRS had served a notice of unpaid VAT on Multichoice Africa Holdings B.V. but the company challenged the assessment and filed an appeal at the tribunal.

    It however failed to comply with provisions of tax laws by the refusal to make the required deposit as stipulated by the Tribunal Rules.

    It will be recalled that the FIRS had served Multichoice Africa Holdings B.V. a notice of assessment of unpaid VAT on the 16th of June 2021.

    The company had consequently appealed the assessment at the Tax Appeal Tribunal on the ground of being too excessive.

    Multichoice Africa Holdings, the parent company of Multichoice Nigeria, though providing services to its Nigerian arm was said not to have paid Value Added Tax since inception.

  • Tax on carbonated drinks to increase in 2022-Finance minister

    Tax on carbonated drinks to increase in 2022-Finance minister

    The Minister of Finance, Budget and National Planning, Zainab Ahmed has said a possible upsurge in the taxation on carbonated drinks, which would lead to a price increase.

    She said this at the Public Presentation and Breakdown of the Highlights of the 2022 Appropriation Bill on Friday in Abuja, saying that it will be part of the additions in the 2021 Finance Act which will take effect from January 2022.

    She said, “To further enhance independent revenue generation, government aims to optimise the operational efficiencies and revenue generation focus of the government-owned enterprises.

    “The introduction of new and further increases in existing pro-health taxes for example exercise duties on carbonated drinks- this is work in progress but it will happen in the 2021 Finance Act.”

    In 2019 Ahmed said the government was firm on implementing the initiative at a World Bank/International Monetary Fund meetings in Washington DC, United States.

    Ahmed also said that there would be penalties for government-owned enterprises that fail to meet the set target in achieving the government’s revenue generation drive.

    She said, “Government’s revenue performance and remittances will become enhanced through effective implementation of the performance Management Framework including possible sanctions should there be default on targets that are set for government-owned enterprises.

    “The Finance Bill 2021 will contain measures that will further advance the implementation of the Strategic Revenue Growth Initiative (SRGI).”

  • Popular rich pastors in Nigeria must pay ‘Pentecost Tax’ – Yemi Osinbajo

    Popular rich pastors in Nigeria must pay ‘Pentecost Tax’ – Yemi Osinbajo

    Vice President Yemi Osinbajo has said religious leaders, especially wealthy and popular pastors in Nigeria have to pay ‘Pentecost tax’.

    TheNewsGuru.com (TNG) reports Vice President Osinbajo made this known in Lagos State during a public presentation of the biography of Pastor William Kumuyi, the founder and General Superintendent of the Deeper Christian Life Ministry.

    Osinbajo charged religious leaders in the country to emulate early apostles of the gospel who also discharged the responsibility of paying tax, stressing that religious leaders in the country owe this as an obligation.

    “Every person, especially those who succeed in their endeavours owe society three forms of tax. The first is Income tax; personal income tax. The second is a Social tax, another name for that is philanthropy; the obligation of the wealthy or simply those who have to give back to society.

    “For the successful preacher of the gospel of the Lord Jesus Christ, there is a fourth tax. This is the Pentecost tax; the tasks to tell what you have gone through in ministry and this is a huge responsibility.

    “The obligation of the successful is to write their stories and share the histories of the phenomena they have become, in order to instruct, to admonish and to inspire the present and the future.

    “The saints before us, discharge that responsibility. So we are beneficiaries of the Acts of the Apostles, the stories of the men and women who carry the gospel first to Jerusalem to Judea, to Samaria, and then to the end of the earth. Their stories continue today, and the baton has been handed over to our own generation.

    “This Pentecost tax is one that we must all pay, it is one that men and women who preach the gospel must pay. It is not about personal reflections and personal aggrandisement. They owe an obligation and it is that obligation that produced the Book of Acts.

    “So the book, ‘Kumuyi: defender of the faith’ just begins the work of discharging that tax, that obligation to tell the story of the missionary journey,” Osinbajo said.

  • FIRS takes tax battle to NGOs, threatens sanctions

    FIRS takes tax battle to NGOs, threatens sanctions

     

    The Federal Inland Revenue Service (FIRS) has said all Civil Society Organisations (CSOs) are expected to register for tax purposes and obtain Taxpayer Identification Number (TIN).

    This was revealed by the Director, Tax Policy and Advisory Department of the service, Mr Temitayo Orebajo in Abuja on Thursday at a webinar on CSOs tax responsibilities and compliance.

    He said the webinar was aimed to promote CSOs understanding and knowledge of their tax responsibilities.

    The webinar was organised by FIRS and the European Union Agents for Citizen-Driven Transformation (EU-ACT), a Non-Governmental Organisation.

    Orebajo said that the CSOs were statutorily required to maintain accurate record of employees, proper books of accounts for tax purposes.

    He said that failure to comply would attract appropriate penalties under the extant tax laws.

    Orebajo said that VAT on goods purchased by NGOs for use in humanitarian donor funded projects was at zero rate under the value added tax.

    “The NGO itself is not exempted from VAT where the organisation procures contracts or purchases goods that are not directly used in humanitarian donor funded projects.

    “Likewise, any service procured or consumed by NGO is liable to VAT, except where such service is exempted under the VATN Act,” he said.

    Orebajo said that NGOs were required under the Pay As You Earn (PAYE) obligation to deduct tax at source from salaries and other emolument of the employees, directors, officers among other.

    According to him, the obligations under the Companies Income Tax Act (CITA) in section 25 of CITA provides tax relief to any company making donations to an organization listed under the fifth schedule to CITA.

    He said that such donation must be made out of its profits for the year of assessment and total donation shall not exceed 10 per cent of the total profits of the company for the said year of assessment.

    “Donation is not of capital nature, except where the donations are made to universities or other tertiary or research institutions and should not exceed 15 per cent of total profits or 25 per cent of tax payable.

    “NGOs requiring to be listed under the fifth schedule to CITA may apply to the Minister of Finance through FIRS,’’ Orebajo said.

    He advised the organisations to see the important of returns to the government because most of them take payment to government for granted.

  • I support FIRS on media tax – Dele Sobowale

    I support FIRS on media tax – Dele Sobowale

    By Dele Sobowale

    Before the reader gets upset, let her/him remember that I also will be paying the FIRS media tax which this article supports. So, I am not promoting a measure from which I will be exempted. To be quite candid, the media tax is long overdue. The surprising thing to me is that it has taken the tax authorities so long to recognise that media usage constitutes consumption; not in any way different from going to a concert or the cinema. Nobody seriously argues or objects when such activities are taxed. Why, then, the opposition to this particular tax? Before attempting to answer that question, let me make my principle on this matter very clear. It was derived from ancient history.

    “We must therefore not shrink from accusing our friends or praising our enemies; nor need we be afraid of praising or blaming the same people at different times. Since it is impossible that men who are engaged in public affairs shall always be in the right; and unlikely that they should always be in the wrong. We must therefore detach ourselves from the actors in our own story; and apply to them only such statements and judgments as their conduct deserves.” Polybius, Greek Philosopher, c200-118 BC.

    Neither Buhari nor the Head of the Federal Internal Revenue Service, FIRS is my friend or my enemy. The FIRS chief is unknown to me beyond the pages of newspapers and occasional appearances on television. I have no pathological hatred for anybody in government; on account of which every measure proposed by them must be opposed – despite the inequities inherent in the allocation of the tax revenue now federally collected.

    Recently, Governor Wike pointed out that Rivers State generates N15 billion a month and receives N4.7 billion in return. That was the basis for the court action he undertook recently. Lagos State which generates 48 per cent of the N120 billion is fast tracking its own law that will empower the state to collect its own VAT. Despite being a Lagosian, I have my doubts that the consequences will be as envisaged by the states now leading the agitation for states’ financial Resource Control. The battle has just started.

    The Federal and State Governments share the same fate in one regard. Aggregate revenue is dwindling nationally; while, at the same time costs of running governments are rising steeply. Two elements, in particular, are drilling holes in the pockets of governments more than anybody imagined two years ago – insecurity and COVID. They are unlikely to go away any time soon. Meanwhile, citizens are demanding for better education, improved health care, and above all, an end to unprecedented insecurity. The question which only those in government are called upon to answer is: where will the funds come from?

    Several suggestions have been floated. But, all of them have faced strong opposition from segments of society – as well as media. Two examples will illustrate the point.

    Right-sizing the public service will reduce the payroll bill. But, organised Labour and media will object to increasing the number of unemployed people. So, that is out. Re-introducing toll gates on Federal roads will not only raise several billion naira, concessioning will place the burden of road repairs on the contractors. Funds now deployed to those areas will be available for other purposes. Another objection arose. Toll gates will cause inflation by increasing the cost of goods transported. So, that is out too.

    “You cannot make omelettes without breaking eggs.”

    Every time governments propose introduction or increase, of taxes, tolls, tariffs, or rates, most Nigerians assume, what to me, is a puerile attitude. Egged on by superficial analysts, they are always against. Broad statements such as “let then find other sources to increase internally-generated revenue” or “reduce security votes” or “stop corruption” are offered as “solutions” to gullible Nigerians – who applaud them. In reality, it is all nonsensical. In reality, fiscal problems can only be properly solved by, first quantifying them (how much is needed monthly, annually? Etc); secondly, identification of revenue sources (where will the money come from?) and finally introduction of measures to mobilise the funds follows.

    Taxes, especially consumption taxes, are the major sources of revenue in every advanced country. The curse of oil, which started in the 1970s, was responsible for our collective loss of senses. And, while the signs are clear to a few Nigerians, the vast majority of us, including leaders of Labour and most commentators, are still wedded to a the past when revenue from crude oil sales paid all our bills. Fellow Nigerians are encouraged to continue in the fools’ paradise where toll-free roads are built and maintained with public funds so that riders can enjoy free rides. The questions I want to ask such people are: where else in the world is that happening? Why should Nigeria be an exception? And, if not this tax, which tax do you support to generate revenue for governments? Certainly, nobody who is against all taxes can expect to be taken seriously.

    WHY MEDIA TAX?

    The short answer is: because it is easy to collect and there is a large pool of it. Three of the top seven most valued companies on Nigerian Stock Exchange, NSE, are networks. Collectively, they generate more revenue than more than ninety per cent of the rest put together. That is a lot of consumption. If we already tax other activities in the services and entertainment sectors, it was a gross error on the part of the tax authorities not to have included this sector in the tax revenue basket. It will amount to criminal negligence for the National Assembly not to pass the necessary bill to correct this monumental mistake.

    “Nigeria’s oil production falls to 1.24mbpd.” That was a recent news report – which should alarm all of us. Our quota imposed by the Organisation of Petroleum Exporting Countries, OPEC, stands at 1.8mbpd. We are under-producing by 31 per cent. Even with the price fluctuating above our benchmark, we are not benefiting. Instead there is a wide negative variance between budgeted and actual revenue. The reasons for the production decline are also well-known. First, the number of rigs is down. And, none of those now idle are getting ready to return to production any time soon. So, this is not a temporary setback. It appears almost permanent. Nigerians can expect no increase in crude revenue for a long time to come.

    Still, governments all over Nigeria need more revenue; and crude oil can no longer save us by providing the dollars we need. And, there is no other large pool of taxable expenditure to bail us out of the national fiscal prison than this one. We might as well brace up to the inevitable.

    Meanwhile, the controversy over the collection of VAT is only about re-distribution, not increase, of the VAT revenue between FG and states; as well as the Federal Capital Territory – 38 governments in total. A few states will benefit; most will lose a great deal. Incidentally, the FG will still receive 50 per cent, which will again be allocated according to existing formula. Without closing the gates to people from the impoverished states, the winners can expect invasions from the losers. Businesses and organizational VAT taxpayers, hitherto preparing one cheque and audited by one government, will be called upon to prepare up to 38 cheques and expect audit visits from up to 38 governments. The cost of doing business will go up. Some might choose to pack up and go.

    The VAT battle has just started. I stand solidly behind FIRS.

  • Tax backlog: DSTV suffers huge blow as court orders company to pay FG N900bn

    Tax backlog: DSTV suffers huge blow as court orders company to pay FG N900bn

    A Tax Appeal Tribunal (TAT) sitting in Lagos has ordered Multichoice Nigeria Limited, owners of cable television services, DSTV, to pay 50 per cent of N1.8 trillion tax backlog to the Federal Inland Revenue Service (FIRS).

    Mr Abdullahi Ahmad, the Director, Communications and Liaison Department of the FIRS, made this known in a statement in Abuja on Wednesday.

    Ahmad explained that FIRS discovered the backlog through a forensic audit as it showed that Multichoice Nigeria Limited had failed to pay to the Government of Nigeria in past assessment years.

    He said the five-member TAT led by its Chairman, Prof. A.B. Ahmed, issued the order following an application to it by the Counsel to FIRS.

    He stated that the Counsel made the application under Order XI of the TAT Procedure Rules 2010, which requires Multichoice or any other taxpayer who disputes their tax assessments, to make the statutory deposit required under Paragraph 15(7) of the Fifth Schedule to the Federal Inland Revenue Service (Establishment) Act 2007 (FIRS Act).

    According to him, these relevant laws are conditions that must be fulfilled before the prosecution of the appeal brought before TAT.

    “In certain defined circumstances to which the Multichoice appeal fits, paragraph 15(7) of the fifth schedule to the FIRS (Establishment) Act 2007 requires persons or companies seeking to contest a tax assessment to pay all or a stipulated percentage of the tax assessed before they can be allowed to argue their appeal contesting the assessment at TAT.

    “Multichoice Nigeria Limited filed the matter at the Lagos TAT following its dispute over FIRS’ issuance of Notices of Assessment and Demand Note in the sum of N1,822,923,909,313.94k on 7 April 2021.

    “The amount constitutes what the FIRS calculated as due in taxation to the Federal Government of Nigeria from Multichoice after an investigation over several months to determine the extent to which Multichoice has been evading taxes in Nigeria,” he explained.

    Ahmad noted that at Tuesday’s hearing of the matter in Appeal, Multichoice Nigeria Limited amended its Notice of Appeal and thereafter sought through its Counsel, Bidemi Olumide of AO2 Law Firm, for an adjournment of the proceedings to enable it to respond to the FIRS’ formal application for accelerated hearing of the appeal.

    “In response, the FIRS Counsel asked TAT to issue an order requiring that Multichoice makes the statutory deposit of 50 per cent of the disputed sum.

    “The counsel also prayed TAT to direct Multichoice to produce before the Tribunal the integrated Annual Report and Management Account Statements of Multichoice Group Ltd for Tax Years 2012 to 2020, among other prayers.

    “After hearing arguments from both sides, TAT upheld the FIRS Act and directed Multichoice Nigeria Limited to deposit with the FIRS the amount prescribed by the law, which is an amount equal to the tax charged upon Multichoice in the preceding year of assessment.

    “Or one half of the tax charged by the assessment under appeal (whichever is lesser), plus a sum equal to 10 per cent of the said deposit as a condition precedent for further hearing of the Appeal.

    “Thereafter, TAT adjourned the Appeal to September 23, 2021 for the continuation of the hearing, subject to compliance with the Tribunal’s order,” he said.

    Recalls that FIRS had in July announced its plan to engage some commercial banks as agents to freeze and recover N1.8 trillion from accounts of Messrs MultiChoice Nigeria Limited (MCN) And MultiChoice Africa (MCA).

    The Service explained that the decision to appoint the banks as agents and to freeze the accounts was as a result of the groups’ continued refusal to grant FIRS access to their servers for audit and it discovered that the companies persistently breached all agreements and undertakings with FIRS.

  • Alleged N451bn debt: Produce receipts of tax payments by MTN, Reps tell FIRS

    The House of Representatives Committee on Finance has asked the Federal Inland Revenue Service (FIRS) to submit receipts of the tax payments made by MTN to the agency for 2007 and between 2010 and 2017.

    The request comes as the committee observed during its interaction with the agency on Wednesday that MTN is indebted to the tune of ₦451 billion.

    The FIRS chairman, Mr Muhammed Nami, however, told the committee that MTN is already paying the taxes owed government in instalments.

    Nami further disclosed that the sum of ₦10.104 trillion revenue is expected to be realized in the 2022 fiscal year, with the formal capturing of Facebook, Twitter and other social media platforms into the country’s tax net.

    Nami, who was speaking during the interactive session on the 2022-2024 Medium Term Expenditure Framework (MTEF) and Fiscal Strategy Paper (FSP), also unveiled plans for the introduction of Road Tax.

    “On the issue of a digital economy, the FIRS has a department called International Tax Department which is handling such cases,” he said.

    “Twitter and others are already registering with us. That is why in our revenue projections, we are raising it from N5 trillion in 2021 to N10 trillion in 2022. We expect the impact of those registrations to take effect.”