Effective February 1, we would have crossed over from the so-called ‘longest month of the year’ into the ‘shortest month of the year’. Of course, January is not just seen as the longest month of the year by virtue of its 31 days (March, May, July, August, October and December also have the same number of days) but because of how time seems to run slowly in January due to the ‘recovery process’ from the high level of expenditure occasioned by the Christmas and New Year festivities.

In view of recent economic realities in the Nigerian space, it marks a much more significant point in the year. February 1, 2020 marks the implementation date of the 7.5 percent increase in value added taxes (VAT) as stated by the Finance Minister which springs from the Finance Act, 2019 signed by the President on January 13, 2020. One of the key reasons attributed to the 50 percent increase in VAT from 5 percent to 7.5 percent was the need for government to increase the amount of revenue generated through taxes in order to fund its projected expenditure as captured in the 2020 budget. Personally, if I could increase my revenue by any legal means possible, trust me I would.

Therefore, I have no argument against the government trying to increase revenue through taxes. However, I am of the school of thought of increasing the tax net rather than increasing the rate of taxes.

From a simple economic standpoint, an increase in the VAT will lead to an increase in the price of goods and services which will further increase the inflation rate (which already stands at over 11%). The rise in inflation rate will further lead to a reduction in the consumer purchasing power as VAT is borne by the final consumer. This reduction in consumption levels will have a negative effect on the standard of living of the average Nigerian. However, in a bid to cushion the burden of the VAT increase on low-income individuals and companies, the Finance Act 2019 has extended the list of goods and services exempted from VAT to include basic food items, locally manufactured sanitary towels, pads or tampons, services rendered by microfinance banks, tuition relating to nursery, primary, secondary and tertiary education. This is a positive initiative as it is a proactive measure in the Act.

In the medium or long term, the VAT increase could have a positive multiplier effect if the generated revenue is expended on capital projects which have future economic potential, job creation, increased economic output, increased food production etc. However, given the political situation and economic instability accompanied with corruption and mismanagement at various levels of government, it is not far-fetched to think that the generated revenue could be grossly mismanaged, thereby, leaving the average Nigerian to bear not only the burden of the VAT but also the economic implications of t implications of the VAT increase.

In conclusion, the implementation of the 7.5 percent increase in VAT is like a two-sided coin. If properly implemented and harnessed it could help to make funds available for developmental purposes that will accelerate economic growth. On the other hand, if mismanaged and loosely implemented it could be another one of many reforms whose potential to provide substantial economic drive is not maximized.

First Thoughts

The last time I was in these parts, it was 2019 and I feel elated having the opportunity to do this yet again in a new year. I must specially appreciate every one of you for sticking with us for the last twelve months. Thank you for keeping faith with us. You can rest assured 2020 is going to be a bigger and better year. The TaxaideR returns with Volume 2, Issue 1. Yes, we thought we would switch styles up a little and change the nomenclature. You must have also noticed the new style of our TaxThursday bulletins. Yes, we are cool like that!

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In line with Section 81 of the Personal Income Tax Act, 2011, Cap P8 LFN 2004 as amended, all employers of labour are required to file their annual tax returns, with their Relevant Tax Authority(ies) (“RTA(s)“) not later than 31^st of January every year.

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Companies Income Tax (CIT) is a tax levied on the profits a company.  It is no longer news that in spite of the strides made in recent years by the relevant tax authorities, tax compliance in Nigeria is still far from the expected performance. Nigeria’s tax-to-GDP ratio is one of the lowest in Africa with an average of 5.6% while the average global tax-to-GDP ratio is about 21% (World Bank, CIA Factbook).

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I want to strongly believe that you are very much aware that the PAYE returns filing season is upon us. Well, just in case you are not aware (I seriously doubt that though), PAYE returns filing is an annual ritual of informing relevant tax authorities (“RTAs”) of the total income you paid to your employees and also the total taxes you deducted from their income in a particular year, whether or not those  employees are still in your employment. Where you fail to carry out this ritual, you have to cough out N500,000.00 as penalty, for a corporate entity and N50,000.00, for sole proprietors and enterprises. Quite frightening, right?

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On Monday, January 13, 2020, President Buhari signed the Finance Bill, 2019 into Law. What exactly does this mean, you may ask? Well firstly, the Finance Bill, 2019 can now be referred to as the Finance Act, 2019. Is that simply all? No, it is not but I will break down all the important things you need to know below. This article will be in two series please look out for the second part of the series.

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In line with Section 81 of the Personal Income Tax Act, 2011, Cap P8 LFN 2004 as amended, all employers of labour are required to file their annual tax returns, with the Relevant Tax Authority(ies) (“RTA(s)“) not later than 31^st of January every year.

1. What is PAYE Returns?

PAYE Returns basically details all emoluments paid to, and statutory deductions made, on behalf of all employees (whether or not they are still in your employment) in the calendar year January 1, 2019 to December 31, 2019, as well as taxes that were remitted to the RTA(s) in respect of the employees that were resident within their jurisdiction.

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In October 2019, President Muhammadu Buhari submitted the Finance Bill 2019 to the National Assembly. The bill seeks to implement wide fiscal reforms and transform the government approach to tax administration. While some components introduce increments, several others are aimed at reducing taxes, especially for SMEs, thereby stimulating economic activities. We have itemized 18 Nuggets Every SME Must Know + Do

1. Small businesses with turnover less than ₦25m will be exempted from CIT,
2. Lower CIT rate of 20% will apply to medium-sized companies with turnover between ₦25m and N100m.
3. Companies will only be subject to minimum tax at 0.5% of turnover if turnover exceeds ₦25m
4. Companies that make CIT payment on or before 90 days from the due date for filing will be entitled to a bonus of 1% (for large companies with turnover greater than N100m) or 2% (for medium-sized companies with turnover between N25m and N100m).
5. Small businesses may have to prove to their customers that they do not meet the threshold to avoid withholding tax.
6. Commencement and cessation rules have been modified to eliminate overlaps and gaps to avoid double taxation and complication during commencement.
7. The restriction of carry forward of tax losses has been amended such that tax losses can be carried forward indefinitely.
8. Companies must now pay their CIT liability on or before the due date of filing in one lump sum; or in instalments agreed with the FIRS with the last instalment paid on or before the filing due date.
9. The VAT rate to increase from 5% to 7.5%.
10. VAT registration threshold of ₦25 million turnover in a calendar year to be introduced.
11. Penalties for failure to register will increase to ₦25,000 for the first month of default and ₦20,000 for each subsequent month.
12. The meaning of supply and definition of goods and services has been expanded to cover intangible items other than land, among others.
13. Remittance of VAT now to be on a cash basis.
14. A clear definition of basic food item and definition of exported service as “service rendered within or outside Nigeria by a person resident in Nigeria to a person outside Nigeria.
15. Banks to request for Tax Identification Number (TIN) before opening bank accounts, while existing account holders must provide their TIN to continue operating their accounts.
16. Stamp duty on bank transfer to apply only on amount from ₦10,000 and above. Transfers between the same owner’s accounts in the same bank also to be exempted.
17. The scope for goods subject to excise duties based on the Customs Act now expanded to include “goods imported and those manufactured in Nigeria.
18. Under the proposed amendment, the SDA now defines ‘instrument’ to include “every written document including electronic documents”

Nigeria’s 2020 Fiscal Reforms: 18 Nuggets Every SME Must Know + Do

In the year 1956, just shortly before the Nigerian independence, the Foster-Sutton Commission of inquiry was set up by the colonial government to investigate the then Premier of the Eastern region, Nnamdi Azikiwe, for his involvement in the affairs of the African Continental Bank (ACB).

Under the code of conduct for ministers, a government officer was required to relinquish his holdings in private businesses when he held office. However, the Foster-Sutton tribunal strongly believed that Nnamdi Azikiwe, even as minister, did not sever his holdings in the ACB, and that he continued to use his influence to further the interests of the bank, and in favour of his group of companies.

Indeed, while the case remains one of the leading cases on corruption even in pre-independence Nigeria, one is tempted to classify it among the country’s many corruption schemes perpetuated through beneficial ownership systems.

What Is Beneficial Ownership?

According to the Black’s Law Dictionary, the term ‘Beneficial owner’ is a legal term wherein specific property rights (“use and title”) in equity belong to one person, even though legal title of the property belongs to another person. Accordingly, it always happens where the legal title owner has implied trustee duties to the beneficial owner.

In more contemporary terms, a “beneficial owner” is defined by the Financial Action Task Force (FATF) as referring to natural person(s) who ultimately owns or controls a customer and/or the natural person on whose behalf a transaction is being conducted.

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