VAT (Modification) Order of 2021 which was signed in September 2021 was issued by The Minister of Finance, Budget, and National Planning in October with a commencement date of 30th July 2021. The Order modifies and expands the list of exempted goods and services in the First Schedule to the Value Added Tax (VAT) Act and provides clarification on the exempted items already listed in the Value Added Tax (VAT) Act.
Read MoreNigeria as a country is always looking for ways to increase foreign and local investments, businesses, and participation in the country and one way of doing this is the establishment of Free Trade Zones. This is not alien to only Nigeria but other countries like Tanzania, Libya, Liberia, Egypt, Mauritius, China Hong Kong, Turkey, etc. Nigeria has 42 licensed Free Trade Zones and 14 functional and operational Free Trade Zones
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Guidelines on Simplified Compliance Regime for Value Added Tax (VAT) for Non-Resident Suppliers
The Finance Act (FA) 2020 introduced certain amendments to the Value Added Tax Act (VATA). Section 10 of the VATA requires that non-resident persons making a taxable supply of goods and services to Nigeria be registered for tax purposes and obtain a Tax Identification Number (TIN). Also, FIRS is required to issue guidelines to give effect to the provisions of Section 10 of the Act.
Read MoreFirst Thoughts: Staying On Top Of Your Game
“How do I stay on top of my game”? This is a question I often get about self-development. The answer is simple, but not easy. However, it’s key to being the best version of yourself, thus maximizing your potential.
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Export Processing Zones and Free Trade Zones play a significant role in modern-day globalization, international investment, and free trade. While different countries treat Free Trade Zones (FTZ) and Export Processing Zones (EPZ) differently, almost all of them institute at least partial tax exemption for their citizens and companies operating within their territory. These arrangements led to large enterprises of various nationalities taking advantage of such favourable policies.
Read MoreAs the economic policies of the country are evolving, businesses are always looking for ways to restructure their businesses in a bid to develop strong and efficient business policies to remain in business or stock quotation. Corporate restructuring could also be because of the failure of a business, a need for expansion, or an example when the government increased the minimum capital for banks and insurance companies. There are many ways in which a company can achieve business or corporate restructuring or reorganization.
Read MoreTransfer Pricing (TP) is described as the method by which connected organizations or related parties price goods, assets, services, intellectual properties, loans, and other commercial transactions between them. Transfer Pricing can be reasonably considered as an economic and legal tool used by business entities for the optimization of their tax burden. If the framework in which TP is implemented is legal, it provides significant tax benefits to businesses.
Read MoreFirst Thoughts: 4th Quarter Musings
So, it’s that time again when we finally usher in the final lap of the year. Welcome to the last quarter of the year. Well, technically this would not begin until tomorrow, but it wouldn’t hurt to start enjoying the feeling already. Tomorrow, 1st October marks our dear nation’s 61st Independence Day celebration and ushers us into the fourth and last quarter of the year.
Read MoreAugust 2021 VAT Compliance: What to Know and Do
- We take a break today from the VAT Politics and the Search for Focus series and the analytics that adorn it and torch on the more pressing issue of what you need to know and do with your August 2021 Value Added Tax (VAT) compliance.
- As you may know, you were ordinarily to have computed, remitted and filed your August 2021 VAT Returns before Tuesday, September 21, 2021. In actual fact and as at today the morning of Thursday, September 16, 2021, you are still exactly to do as you have always done in the circumstance that nothing has really changed despite the fast-moving currents. The VAT you have collected on behalf of FIRS is still payable to it.
- Since the publication of VAT Politics and the Search for Focus (Part 2) , the following new developments have been unearthed or happened in the ongoing VAT wars:
- Nigeria’s Federal Inland Revenue Service (FIRS) had appealed the Monday, August 9, 2021, judgment of the Federal High Court (FHC) sitting at Port Harcourt, Rivers State in Attorney General for Rivers State v. FIRS & Another [BO4] at the Court of Appeal, Port Harcourt Judicial Division. Recall that it was this judgment that limited the taxing powers of the Federal Government of Nigeria (FGN) to the imposition and administration of only taxes on incomes, profits, capital gains and stamp duties. The judgment states that the FGN has no powers to impose and administer any other taxes including VAT, Withholding Tax et.al.
Lagos State Government joined the Rivers State Government earlier today and became the second State to enact its VAT Law in Nigeria. This event was indeed foreseen from Monday, September 6, 2021, when the Federal High Court (FHC) sitting at Port Harcourt, Rivers State in Attorney General for Rivers State v. FIRS & Another, refused to grant the FIRS’ application for the stay of execution of the August 9, 2021 decision of the FHC. The FHC had on August 9, 2021, declared the VAT Act 1993 (as amended), unconstitutional. Although the FHC’s August 9, 2021 decision was in the manner of a declaration of the law, in which case nothing was to be executed or executable, yet the FIRS had proceeded to apply for the stay of execution, apparently seeing the implication of the August 9, 2021 decision on its VAT revenue collection mandate for the Federation.
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