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  • Charting a Course for Nigeria’s Economic Future

    Charting a Course for Nigeria’s Economic Future

    Eben Joels is the Managing Partner at Stransact Chartered Accountants and Audit, the exclusive RSM correspondent firm in Nigeria. In this interview with Ibrahim Apekhade Yusuf, the multi-disciplinarian speaks on the troubling exit of multinationals from Nigeria, the hotly debated recapitalisation agenda for banks and the role of the Central Bank of Nigeria vis-à-vis the inflation crisis, rise of non-performing loans, recovery strategy to hedge the Naira against the dollar, how multiplicity of taxes and other levies across the subnational makes the whole idea of ease of doing business a mirage, amongst other sundry issues.

    Diageo, majority shareholder of Guinness PLC, sold its 58% equity in the business to Singaporean-based Tolaram, fuelling fears in some quarters that multinationals are exiting the country. What is your thought on this, and what does it portend for the immediate future?

    Diageo’s decision to withdraw from Nigeria and sell its stake in Guinness PLC to Tolaram indicates that it sees better opportunities elsewhere or perceives challenges in the Nigerian market that outweigh the potential benefits. This move might reflect a strategic shift in Diageo’s global portfolio or a reassessment of its investment priorities. Very clearly, Diageo has fashioned a more profitable way to derive income from Nigeria without having to deal with the harsh operating environment for businesses.

    For Tolaram Group, they probably see this acquisition as an opportunity to solidify their presence in Nigeria. They already operate in Nigeria primarily through their subsidiaries in various industries, such as Dufil Prima Foods Plc, which produces the popular Indomie instant noodles and the Lekki Deep Sea Port project. The acquisition of Diageo’s stake in Guinness PLC indicates that they see value in the Nigerian market and are willing to invest in it. Tolaram may bring a different perspective and strategy to the table, potentially leading to changes in how Guinness PLC operates in Nigeria. It could also signal increased competition or consolidation within the Nigerian beverage industry. While Diageo’s exit raises questions about the attractiveness of the Nigerian market for multinational companies, Tolaram’s investment suggests continued interest and opportunities for growth in the region.

    From available information, Kimberly-Clark, an American multinational and producer of baby products, Huggies, GlaxoSmithKline Consumer Nigeria Plc, Sanofi-Aventis Nigeria Limited and Procter and Gamble are some of the multinationals that have recently shut down their operations in Nigeria, either fully or partially. There is rumour that some of the International Oil Companies (IoCs) such as Shell, ExxonMobil and ENI are actively selling their assets to exit Nigeria. Should we be worried about the exit of multinationals from Nigeria?

    The departure of multinational companies from any country, especially ones as significant as those you mentioned, should ordinarily raise concerns. Such exits can impact employment, economic growth, and overall stability. These multinationals are some of the few places where you can find best practices in recruitment, training and compensation of personnel. They are some of the few companies where graft is not enshrined. Many Nigerian-owned businesses are not committed to best practices. However, it’s essential to understand the reasons behind these exits. They are driven by various factors such as economic challenges, regulatory issues, security concerns, leading to strategic business decisions by the companies to exit the market. Addressing these underlying issues could potentially attract and retain multinational investments. The government should focus its efforts on improving the business environment, enhancing security, providing regulatory clarity, and promoting economic diversification, which can mitigate the negative effects of multinational exits and encourage future investments.

    The new recapitalisation for banks has been hotly debated because of some of the clauses. Do you think the Central Bank of Nigeria means well for the banking sector?

    Overall, whether the CBN means well for the banking sector depends on the balance it strikes between strengthening financial stability, promoting competitiveness, and ensuring that the needs of the economy, businesses, and consumers are adequately addressed. Open dialogue and collaboration between the CBN, banks, regulators, and other stakeholders are crucial in navigating these challenges and achieving positive outcomes for the banking sector and the broader economy. Overall, I will be hopeful. The last round of capitalisation spurred the capital market and boosted the economy. I hope this will be the same result.

    Most banks still have a high percentage of non-performing loans in their books despite measures taken by the CBN to reduce this. What can be done to make the banks solvent, so that they will not have to carry too much debt burden?

    To address the persistent challenge of high non-performing loans (NPLs) in Nigerian banks, a multi-faceted approach is necessary. Firstly, banks should prioritise proactive risk management practices, conducting thorough credit assessments, and implementing stringent monitoring mechanisms to identify potential defaults early on. This involves restructuring loans for struggling borrowers and adopting robust recovery strategies to mitigate losses effectively. Simultaneously, regulatory bodies like the CBN should enhance supervision and enforcement of prudential regulations, ensuring that banks maintain adequate capital levels to absorb potential losses and remain resilient in the face of economic volatility.

    Additionally, improving credit information systems and promoting economic diversification away from volatile sectors can reduce systemic risks and enhance banks’ stability, ultimately mitigating their debt burden and fostering a healthier banking sector. The CBN should above all mandate regular stress testing. Mandatory reporting of impairment indicators on a regular basis should be considered.

    Do you think Heritage Bank’s licence revocation is well-timed? Some think it might trigger a run on other banks, and drive panic.

    The timing of Heritage Bank’s license revocation by the CBN is a critical decision with potential ripple effects. While the CBN likely has specific reasons for taking such action, including concerns about the bank’s financial stability or regulatory compliance, the timing must consider its broader impact on the banking sector’s stability. Revoking a bank’s license can indeed trigger concerns among depositors and investors, potentially leading to a run on other banks and inducing panic in the financial system. Therefore, the CBN must carefully manage communication and ensure transparency to mitigate any spillover effects and restore confidence in the banking sector. Additionally, the CBN should continue to provide reassurance about its commitment to maintaining financial stability and supporting affected depositors to prevent widespread panic and systemic disruptions.

    The CBN has dissolved the Board and Management of Union Bank, Keystone Bank, and Polaris Bank. What is the difference between the case of these banks and the case of Heritage Bank?

    The CBN appointed new management teams to stabilize these banks and safeguard the interests of stakeholders. In contrast, Heritage Bank has not faced a similar intervention from the CBN; rather, its license was revoked. I suspect this is because the degree of financial health and governance in Heritage Bank may be such that it cannot be salvaged.

    The Naira has faced the toughest battle since it became a legal tender in Nigeria some four decades ago. The value has been completely eroded with its unprecedented crash in the foreign exchange market. Do you think the CBN is doing enough to hedge the Naira against the dollar so far, with the recovery strategy? And, can these efforts be sustained?

    The CBN has implemented several measures to hedge the Naira against the dollar, including interventions in the foreign exchange market, adjusting the monetary policy rate, and introducing various forex management policies. Despite these efforts, the Naira has continued to depreciate significantly, indicating that the current strategies might not be sufficient to combat the underlying issues affecting the currency’s value. Structural economic challenges, such as dependence on oil exports, limited foreign reserves, and a high import bill, especially the continued importation of petroleum products continue to exert pressure on the Naira.

    Stabilising the Naira will require a multifaceted approach that goes beyond short-term interventions. The CBN must focus on diversifying the economy, enhancing domestic production, and improving the overall business environment to reduce reliance on foreign exchange. Additionally, policy consistency and transparent communication are essential to restore confidence among investors and market participants.

    Access to credit remains a big deal for businesses, especially SMEs because of the high risk quotient alright. What can be done to ease the burden of businesses to enable them to get easy access to credit at rock bottom rates?

    The government and financial institutions need to adopt several strategies. Firstly, the CBN can enhance its existing credit intervention programs, such as the Anchor Borrowers’ Program and the Micro, Small, and Medium Enterprises Development Fund (MSMEDF), by increasing their funding and streamlining the application processes. These programs can be expanded to cover more sectors and offer lower interest rates. Additionally, financial institutions should be encouraged to develop tailored financial products that cater to the unique needs of SMEs, including flexible repayment terms and lower collateral requirements.

    Moreover, improving the credit infrastructure in Nigeria is crucial. This includes establishing and maintaining a comprehensive credit registry system to track the credit history of businesses, which can help reduce perceived risks by lenders. Strengthening credit guarantee schemes can also provide additional security to banks, encouraging them to extend more credit to SMEs. For example, I am not aware of any credit insurance company in Nigeria. On a broader scale, fostering a stable macroeconomic environment with low inflation and consistent policies will help lower the overall risk profile, making it easier for businesses to obtain credit at more affordable rates.

    The inflation rate, almost at 40 percent, has practically affected the standard of living with the excruciating cost of goods and services. What can be done to mitigate this?

    A multifaceted approach is necessary. Tighter monetary policies to curb excessive money supply have not worked. Raising interest rates and increasing reserve requirements for banks has also not worked. I believe the government should focus on stabilising the exchange rate by boosting foreign reserves and reducing dependency on imports. This is the time to strengthen the agricultural sector through subsidies and support programs to improve local food production so that we can look forward to reduced food prices.

    On the fiscal policy front, the Nigerian government should be more efficient in public spending and curb wastages. Investing in infrastructure, particularly in transportation and energy, can lower the cost of doing business and reduce the prices of goods and services. Implementing social safety nets and targeted subsidies for essential goods can help alleviate the immediate burden on low-income households. Encouraging competition in key sectors, like telecommunications and energy, can also drive down prices through market forces. Fostering an environment that supports local manufacturing will create jobs and boost incomes.

    Among the challenges bedeviling businesses in Nigeria, is multiplicity of taxes and other levies across the subnational making the whole ideal and idea of ease of doing business a mirage. What concrete measures can be put in place to ease the affairs of businesses to boost productivity and efficiency within the business ecosystem in the country?

    To address the challenge of multiplicity of taxes and levies that hinder businesses in Nigeria, a comprehensive tax reform is necessary. The government should streamline the tax system by consolidating various taxes and levies into a single, simplified tax regime. This can be achieved by implementing a harmonised tax policy across federal, state, and local levels to eliminate overlapping and redundant taxes. Establishing a centralised tax collection system would reduce administrative burdens on businesses, making compliance easier and more efficient. Additionally, providing clear guidelines and ensuring transparency in tax policies can help businesses better understand their tax obligations and plan accordingly.

    Furthermore, the government can enhance the ease of doing business by improving regulatory frameworks and reducing bureaucratic red tape. By creating a more business-friendly environment, Nigeria can stimulate productivity, attract investment, and ultimately drive economic growth.

    With the state of infrastructure near comatose, Nigeria is forever grappling with power outages and other intractable problems in different areas. How much does the government need to invest in infrastructure to set the country on the path of progressive growth and socioeconomic development?
    The government needs to make substantial investments in infrastructure. Estimates suggest that Nigeria requires approximately $3 trillion in infrastructure investments over the next 30 years to bridge the existing gaps and support its growing population. Immediate priorities should include significant allocations towards the power sector to resolve the chronic power outages that stifle business operations and daily life. Investment in renewable energy sources, upgrading the national grid, and expanding electricity access can transform the energy landscape, fostering industrial growth and enhancing the quality of life.

    In addition to power, the government must prioritise investments in transportation, healthcare, and education infrastructure. Modernising and expanding the road network, railways, and ports will improve connectivity, reduce transportation costs, and enhance trade efficiency. Similarly, upgrading healthcare facilities and educational institutions is crucial for building a healthy and skilled workforce. Public-private partnerships (PPPs) can play a vital role in mobilising the required capital and ensuring efficient project execution. By committing to comprehensive infrastructure development, Nigeria can create a more conducive environment for economic activities, attract foreign investment, and achieve sustained socioeconomic progress.

    President Bola Tinubu’s administration is one year on the saddle. In your own assessment, what has he done right or wrong, and what are the low-hanging fruits he can easily pluck to set things right?

    In his first year, President Bola Tinubu’s administration has taken some notable steps, such as prioritising economic reforms. He needs to show more bite in tackling corruption. His efforts to attract foreign investment through improved business policies have been met with cautious optimism. The administration’s focus on infrastructure projects, like road construction and the expansion of power generation, aims to address critical issues affecting economic growth. However, there have been criticisms regarding the pace of these initiatives and their immediate impact on the lives of ordinary Nigerians. The administration has also faced challenges in effectively managing the country’s security situation, with ongoing conflicts and insecurity still prevalent in several regions.

    President Tinubu can focus on low-hanging fruits such as strengthening the agricultural sector through targeted subsidies and support programmes to boost food production. They can also focus on simplifying the tax system to reduce the burden on small and medium-sized enterprises (SMEs).  They can address power shortages through quick-win projects, such as deploying renewable energy solutions in underserved areas.  By concentrating on these achievable goals, President Tinubu can build public confidence and lay a stronger foundation for long-term development.

    The organised labour in Nigeria called a strike recently and they have reduced their minimum wage demand to N250,000 per month while the Federal Government has offered N62,000, what do you think the minimum wage should be?

    Determining an appropriate minimum wage in Nigeria requires balancing the needs of workers with the economic realities of businesses and the government. Given the significant gap between the organised labour’s demand of N250,000 per month and the Federal Government’s offer of N62,000, a middle ground must be sought. A reasonable minimum wage should consider the current inflation rate, cost of living, and the need to sustain businesses without causing undue financial strain. A new minimum wage is useless if it is not accompanied by policies aimed at boosting economic growth and productivity, which can support higher wages in the long term. Implementing measures to reduce inflation, such as stabilising the exchange rate and improving domestic production, can help sustain wage increases.

    Additionally, enhancing social services, such as healthcare and education, can reduce the overall financial burden on workers. By adopting a holistic approach that includes a fair minimum wage and supportive economic policies, Nigeria can work towards a more equitable and sustainable economic environment for its workforce.

    Fresh graduates in Nigeria continue to complain about lack of opportunities, and that you need to know some highly placed person to get a job, what do you think we can do as a country to drive job growth for young people?

    To drive job growth for young people in Nigeria, it is essential to create an enabling environment that fosters entrepreneurship and supports small and medium-sized enterprises (SMEs). We have a society where we worship big men without paying attention to their source of wealth. We define success as having a lot of cash in your bank account irrespective of whether that cash is from a criminal enterprise. Therefore the emphasis for many young people today is how to make quick money. It is not so much to develop a skill to sell. For this reason, we actually produce a ton of unemployable people. People with the wrong values.

    I still believe that there is always room for merit. For example, we are a top destination for the best graduating students of most universities around us and you do not need to know anyone to work with us. You only need to be competent and be armed with the right mind set- a continuous learning mindset, and of course, the right values.

    There is much talk about Tax Reform in Nigeria. If the current President will stay in office for eight years, what do you think he should focus his tax reforms on?

    If President Bola Tinubu remains in office for eight years, his tax reform efforts in Nigeria should focus on broadening the tax base and improving tax collection efficiency while crashing the tax rate. Broadening the tax base should mean having a tax system that requires every Nigerian to file a tax return with the center. I will propose a Federal Income tax for individuals at a nominal rate and cause the states to share data with the Federal Inland Revenue Service. This will make the State Internal Revenue Service more efficient. I will eliminate all other taxes masking as levies for specific causes such as Education tax, Police Trust Fund, NITDA levy, etc.  All these levies have taken our corporate tax rate to be one of the highest in the World. For example, Russia just increased its corporate tax rate to 25%. That is a country operating a war economy. Yet ours is about 34%. These special cause taxes that I mention are largely used to offset the administrative costs of the bureaucracy they fund or mostly stolen. I’d rather we have a lower tax rate with a wider tax base.

    There are other radical tax ideas. For example, since Nigeria is a republic, I struggle with the justification to exempt the president and governors from paying taxes. This is absurd when even in a monarchy such as the UK where the King and the Prince of Wales are exempt from tax, they chose to voluntarily pay taxes to the state. If in the largest economy in the world, the United States, the President is not tax exempt, I see no reason why a relatively poor country such as ours, should exempt certain offices from taxes.

    Finally, I hope the President will be bold enough to implement an Inheritance tax system for Nigeria.  In most advanced countries, there is a big tax – sometimes exceeding 40% on estates when these are passed on. This tax is one of the ways these countries, as capitalist as they are, ensure that there is a redistribution of wealth in some way. The tax is only for the very rich. In the UK the threshold is estates in excess of about GBP325,000.  The system offers large reliefs to anyone who chose to donate to a charitable non-profit. This is another way to grow the charitable nonprofit sector. Imagine if we say anyone inheriting assets worth N5b and above will pay 40% of that to the state or 20% if they donate a certain threshold to a charity. There are many benefits. But I hope such a system will reduce the incentive to steal humongous amounts and leave them for your heirs.

    Nigeria’s economy, which was said to be the largest in Africa in 2022, is set to slip to the fourth largest in 2024. What is the cause of this, and how can this be reversed?

    The slip can be attributed to several factors. Persistent issues such as political instability, insecurity, and corruption have significantly hindered economic growth. High inflation rates, depreciating currency, and inadequate infrastructure have also contributed to a challenging business environment. These factors, combined with slow implementation of economic reforms, have undermined investor confidence and stymied growth across various sectors.

    To reverse this trend, Nigeria must diversify its economy beyond oil dependency by investing in other key sectors like agriculture, technology, and manufacturing. Implementing policies that promote economic stability, reduce corruption, and improve governance is crucial. Strengthening the business environment through infrastructure development, particularly in power and transportation, will attract domestic and foreign investments. Enhancing education and vocational training can build a more skilled workforce, fostering innovation and productivity. By focusing on these areas, Nigeria can create a more resilient economy, capable of sustaining growth and reclaiming its position as Africa’s largest economy.

     

    Source: ThisDay

  • Tax Incentive and Private Equity Growth: The Nigerian Outlook

    Tax Incentive and Private Equity Growth: The Nigerian Outlook

    Private equity is ownership or interest in entities that aren’t publicly listed or traded. A source of investment capital, private equity comes from firms that buy stakes in private companies or take control of public companies with plans to take them private and delist them from stock exchanges.

    The definition of Private Equity (PE) on a well-explained background is based on two aspects, each related to the two-man characteristics of the PE fundamentals:

    •    PE is a source of financing, It is an alternative to other sources of liquidity, (such as a loan or an initial public offering (IPO)) for the company receiving the financing.
    •    PE is an investment made by a financial institution; Private Equity Investor (PEI) in the equity of a non-listed company (i.e. not a public company).

    Venture Capital is a very specific case of PE. It is the investment in the very early stages of a company’s life.

    Tax Incentive and Private Equity Growth

    The expansion of private equity is fueled by economic policies that include tax incentives. It is critical to comprehend the effects of tax incentives in Nigeria, where private equity firms are fast emerging as significant economic actors. In sequence, the Nigeria Startup Act, 2022 was passed by the National Assembly and signed into law by the president on October 19, 2022. The legislation establishes the institutional and legal foundation for the growth and operation of startups and private businesses in Nigeria.

    Furthermore, the aforementioned legislation included particular clauses designed to address recognized legal, regulatory, tax, and administrative bottlenecks that have impeded the functioning of venture-backed companies (VBC) in Nigeria. The law also provides certain tax incentives which include:

    • Pioneer Status Incentive

    Labelled Startups operating in eligible industries under the Pioneer Status Incentives (‘PSI’) Scheme may apply through the Secretariat to the Nigerian Investment Promotion Commission (‘NIPC’) for grant of tax reliefs and incentives under the PSI. If granted, this would entitle the Labelled Startup to a tax holiday for an initial period of three years, which may be extended for an additional two years.

    The effective date for the PSI reliefs will be the date of issuance of the startup label.

    A labelled startup shall enjoy full deduction of any expenses on research and development which are wholly incurred in Nigeria and the restrictions placed by the Companies Income Tax Act (CITA) shall not apply to a labelled startup.

     

    Download our Doing Business in Nigeria Guide

     

    • Exemption from Contribution to ITF

    Section 25(5) of the act exempts a labelled startup from contributions to ITF in respect of in-house training provided to its employees for the duration of the startup label.

    •    Other Stakeholder-related Incentives

    Angel investors, Private Equity funds, accelerators, and venture capitalists are entitled to an investment tax credit equivalent to 30% of their investment in a labelled startup. The credit ‘shall’ be applied on any gains on investment, which are subject to tax. Interestingly, the Act specifically amends only the Companies Income Tax Act in this regard, leading to a presumption that angel investors who invest without using a company may not be eligible to enjoy this incentive.

    The Act also exempts angel investors, venture capitalists, private equity funds, accelerators or incubators from capital gains tax when they dispose of their investment in a Labelled Startup provided that the assets have been held in Nigeria for a minimum of 24 months.

    Since this is a specific and a later-in-time provision, the ₦100m threshold imposed by the Finance Act, 2021 will not apply. However, where the investment is sold within 2 years, the capital gains tax payable shall be reduced by the amount of the investment tax credit.

     

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    Incentives for Venture Capital Companies

    The fiscal incentives as outlined under the Capital Gains Tax Act, the Industrial Development (Income Tax Relief) Act and the Companies Income Tax Act as amended improve on those earlier prescribed by the Venture Capital (Incentives) Act, which targets venture companies and venture projects.

    Venture companies that invest in venture projects must be recognized by the Federal Inland Revenue Service (FIRS) as venture companies or venture projects, and must invest a minimum of 25% of the total equity required for the venture project to be eligible for the following:

    • Accelerated capital allowance for equity investment by a venture company in a venture project, with the following deductions: first year – 30%; second year – 30%; third year – 20%; fourth year – 10%; and fifth year – 10%.
    • Reduction of withholding tax on dividends declared by venture projects to venture companies for the first five years, from 10% to 5%.
    • Export incentives such as export expansion grants, if the venture project exports its products.
    • Gains realized by venture companies from a disposal of its equity interest in the venture project will enjoy capital gains tax exemption of 25-100% where the disposal recurs between 5-15 years of the investment.
    • Exemption from company income tax for three years, which can be extended for an additional final period of two years.

     

    Read More:The Future of Nigeria’s Technology Industry: A Look at the Nigeria Startups Act

     

    Benefits of these incentives on Private Equity in Nigeria

    Developing countries such as Nigeria deserve special attention because the circumstances in which investment takes place in developing countries are typically strenuous when compared to developed countries.

    In contrast to the US and other developed economies, where leveraged buyouts are the primary PE deal type, management buyouts and restructuring—which include launching green or brownfield investments—are the most common PE transaction types in Nigeria. A major participant in the majority of private equity transactions in Nigeria, Actis, is most known for its US$134 million investment in Diamond Bank Nigeria Plc

    Private equity funds may benefit from the aforementioned tax credits and incentives by ways and means of;

    • Investment Tax Credits:

    For Angel Investors, Private Equity Funds, and Venture Capitalists: These investors are entitled to a tax credit equivalent to 30% of their investment in a labelled startup, which can be applied against gains on investment subject to tax. This incentive encourages more investments into startups by reducing the effective tax rate on gains, making investments more attractive and potentially increasing the available capital for startups.

    • Enhanced Investment Returns

    Venture companies investing in venture projects benefit from accelerated capital allowances, which provide substantial deductions in the initial years (30% in the first and second years, tapering down over five years). This accelerates the recovery of investment costs, improving cash flow and investment returns.

    • Encouragement for Innovation and Growth

    Private equity investments can help small and medium-sized enterprises (SMEs) grow, leading to increased employment and economic activity. Encouraging the establishment and growth of new businesses and startups can further stimulate innovation.

    Conclusion

    In summary, the strategic application of tax incentives is crucial for fostering the growth of private equity in Nigeria. The Nigerian government has introduced several legislative measures, such as the Nigeria Startup Act, to create a conducive environment for private equity investments. These measures include tax holidays, exemptions from certain statutory contributions, investment tax credits, and incentives specific to venture capital companies. Such incentives are designed to encourage investment, promote economic development, and support the growth of startups and private companies.

    Private equity firms and investors should leverage these opportunities to maximize returns. At Stransact, we specialize in enhancing every transaction. Let us help you navigate the tax landscape and drive your business growth. Contact us to learn how we can solve your tax challenges and propel your business forward.

  • Nigeria’s Banking Crisis: The Role of CBN, Economic Impact & Lessons Learned

    Nigeria’s Banking Crisis: The Role of CBN, Economic Impact & Lessons Learned

    On January 10th, 2024, the apex bank dissolved the boards and management of Union Bank, Keystone Bank, and Polaris Bank, citing non-compliance with regulatory requirements. This event sent shockwaves through the Nigerian financial sector.

    However, the tremors intensified on June 3, 2024, when the Central Bank of Nigeria (CBN) took decisive action by revoking the operating license of Heritage Bank Plc. This decision stemmed from the bank’s persistent financial underperformance, characterized by metrics such as declining capital adequacy ratios, negative profitability, and a deteriorating loan portfolio. These factors placed Heritage Bank in a position of insolvency, posing a significant threat to the solvency and liquidity of the entire Nigerian financial system. This unprecedented series of interventions raises critical questions about the health of the Nigerian banking system and the effectiveness of the existing regulatory framework.

    We have taken to this article to discuss the role of the Central Bank of Nigeria in ensuring financial stability, the ripple effect of the failure of Heritage Bank, and the lessons that are there to pick from the failure of Heritage Bank and the management of 3 other banks. We have also raised a few questions concerning the role of auditors in the sustainability of the Nigerian banking system.

    Role of CBN in Ensuring Financial Stability

    The CBN is tasked with safeguarding financial stability through a multi-pronged approach. This includes:

    • Maintaining Capital Adequacy: The CBN sets minimum capital adequacy ratios (CARs) for banks. These ratios measure a bank’s ability to absorb losses without becoming insolvent.
    • Promoting Sound Risk Management Practices: The CBN issues guidelines and regulations for risk management frameworks that banks must implement. This includes practices like stress testing, scenario planning, and loan classification.
    • Ensuring Regulatory Compliance: The CBN oversees banks’ adherence to all relevant regulations, including Know Your Customer (KYC) and Anti-Money Laundering (AML) provisions.
    • Promoting Public Confidence: The CBN takes actions to maintain public trust in the banking system, including deposit insurance schemes and prompt corrective action measures.

    By shaking the management of 3 of the large banks in Nigeria and revoking Heritage Bank’s license, the CBN aimed to address these objectives and prevent a potential financial crisis.

     

    Read More: Risk-Based Auditing for Nigerian Non-Profit Organisations: Enhancing Accountability and Effectiveness

     

    Economic Impact and Ripple Effect

    The revocation of a bank’s license has a domino effect on the broader economy. Here’s a more detailed breakdown of the economic impacts:

    • Depositors and Customers: Depositors faced uncertainty and potential losses depending on the coverage provided by the Nigerian Deposit Insurance Corporation (NDIC). NDIC will reimburse eligible depositors up to the maximum insured amount of N5 million in Deposit Money Banks (DMBs). Customers experienced disruptions in their financial transactions, impacting their ability to access funds, make payments, and utilize other banking services.
    • Market Sentiment: The sudden closure of Heritage Bank triggered a loss of confidence among investors. This could lead to capital flight, a decrease in foreign investment, and stock market volatility.
    • Credit Flow: Businesses and individuals who relied on Heritage Bank for loans faced challenges accessing credit. This can stifle economic growth as businesses may postpone expansion plans or investments.
    • Systemic Risk: Uncontrolled financial institution failures can lead to a cascading effect, impacting other banks through interbank lending relationships. The CBN’s intervention aimed to mitigate this contagion effect and prevent a broader financial crisis.

    Lessons Learned: Risk Management and Governance

    The Heritage Bank case offers valuable lessons for the Nigerian banking industry:

    • Proactive Risk Management: Banks must go beyond basic risk assessment and implement comprehensive risk management strategies. Early identification of financial deterioration, coupled with timely intervention and corrective actions, is crucial.
    • Effective Governance and Oversight: Strong corporate governance is essential. Boards of directors need to exercise effective oversight of management and ensure adherence to sound financial practices. Regulatory authorities also play a crucial role in holding banks accountable.
    • Enhanced Supervisory Vigilance: Regulatory bodies like the CBN require robust supervisory frameworks. Regular stress testing, on-site inspections, and prompt enforcement actions for non-compliance are crucial for early detection and intervention in case of financial weaknesses.

     

    Read More: Accounting for VAT in Manufacturing Industry: Cashflow and Compliance Challenges

     

    The Role of Auditors: Did Auditors Fail the Nigerian Banking System?

    The recent tremors in the Nigerian banking sector, with the closure of Heritage Bank and the subsequent dissolution of leadership at Union Bank, Keystone Bank, and Polaris Bank, have cast a long shadow over the industry. Public confidence is shaken, and questions are swirling.

    While regulators are being blamed, auditors, who are important for financial protection, are also facing increased scrutiny. The news suggests Heritage Bank’s auditors raised concerns about its viability, but questions linger.

    Were these warnings clear enough? Did communication breakdowns occur? Did regulatory limitations prevent intervention? These cases highlight potential issues in Nigerian audit practices. Are audits deep enough to uncover hidden risks? Does auditor-bank familiarity lead to complacency?  

    Regulators must strengthen oversight, consider mandatory auditor rotation, and push for more transparent, detailed audit reports. Only through a multi-pronged approach, including reformed audit practices, can Nigeria rebuild public trust in its banking system.

     

    Read More: How Does Internal Audit Contribute to Good Corporate Governance?

     

    The Power of Being Understood: The Stransact Advantage

    Our affiliation with RSM, a global leader in audit and consulting, grants us access to industry-specific knowledge and cutting-edge risk management strategies. This translates to audits that are insightful and actionable, helping you identify and address potential issues early on.

    Partner with Stransact and experience the power of being understood.  Our meticulous audits, informed by the RSM Global Audit Methodology, have played a crucial role in safeguarding the financial health of numerous institutions, helping them walk through challenging times and avoid potential collapse. We empower you to build trust with stakeholders through clear, insightful reports that illuminate a path toward a more stable and prosperous future.

     

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    Conclusion

    The revocation of Heritage Bank’s license and the shake in the management of 3 other banks in the country serves as a stark reminder of the importance of financial stability and proper governance. Banks must prioritize responsible lending practices, sound risk management, and robust corporate governance. It is advisable to engage the services of firms with credible risk management services to provide expertise. The CBN’s actions, while disruptive in the short term, were necessary to safeguard the integrity of the financial system and protect depositors, shareholders, and the broader Nigerian economy.

  • Risk-Based Auditing for Nigerian Non-Profit Organisations: Enhancing Accountability and Effectiveness

    Risk-Based Auditing for Nigerian Non-Profit Organisations: Enhancing Accountability and Effectiveness

    Non-profit organizations (NPOs) play a vital role in Nigeria’s social fabric, addressing critical issues like poverty alleviation, education, healthcare, and environmental protection.

    However, these organizations also face a unique set of challenges that can hinder their impact and mission. These risks can include:

    • Compliance issues: Failing to meet regulatory requirements can result in hefty fines, reputational damage, and even suspension of operations. Key regulations include the Companies and Allied Matters Act (CAMA) 2020, which outlines governance requirements for incorporated NGOs. CAMA mandates maintaining proper financial records, holding annual meetings, and appointing directors. Non-compliance with CAMA can lead to penalties and sanctions.
    • Financial mismanagement: Fraud, embezzlement, and weak financial controls can erode donor trust and hinder an NPO’s ability to deliver its programs.  CAMA emphasizes the importance of robust internal controls to safeguard assets and prevent financial misconduct.
    • Operational inefficiencies: Ineffective processes and inadequate internal controls can waste resources and compromise service delivery.

    SCUML and NPO Compliance

    Adding to the regulatory landscape, the Special Control Unit Against Money Laundering (SCUML) plays a crucial role in safeguarding the integrity of the non-profit sector. SCUML requires NPOs to register and report certain transactions to combat money laundering and terrorist financing.

    According to SCUML’s “Final Report National Terrorist Financing Risk Assessment of the Non-Profit Organisations Sector in Nigeria” (February 2023), NPOs are considered vulnerable to terrorist financing abuse due to several factors, including:

    • Cash-intensive operations: Many NPOs rely heavily on cash donations and fundraising activities, making them a target for those seeking to launder money.
    • Limited resources and capacity: Smaller NPOs may lack the resources and expertise to implement robust internal controls and identify suspicious activity.
    • Complex beneficiary structures: Some NPOs work with a network of local partners or beneficiaries, which can make it challenging to track the flow of funds.

     

    Read More: ISA 300: A Comprehensive Guide to Effective Audit Planning

     

    Risk-Based Auditing: A Proactive Approach

    Traditional audit methods often follow a one-size-fits-all approach, which can be inefficient for NPOs.  Risk-based auditing offers a more strategic and targeted solution.

    Here’s how it works:

    Risk Assessment

    A comprehensive assessment identifies and prioritizes risks based on their likelihood and potential impact on the organization’s objectives. This may involve reviewing internal controls, analyzing financial statements, and interviewing key personnel. Common areas of focus for NGOs include:

    Resource Allocation

    Audit resources are then focused on areas with the highest risks, ensuring a more efficient and effective audit process.

     

    Read More: Compliance as a Tool for Risk Management: Safeguarding Your Business in an Evolving Landscape

     

    Benefits of Risk-Based Auditing for Nigerian NPOs

    • Increased Accountability: Risk-based audits provide a clear picture of an NPO’s risk landscape, allowing for better decision-making and improved oversight by boards and management.
    • Enhanced Effectiveness: By focusing on high-risk areas, auditors can identify and address potential issues before they escalate, ensuring programs and resources are used effectively and efficiently to achieve maximum impact.
    • Strengthened Donor Confidence: Strong risk management practices demonstrate transparency and accountability to donors, fostering trust and encouraging continued support.
    • Improved Operational Efficiency: Identifying and mitigating operational risks leads to improved processes, reduced waste, and a more streamlined organization.

     

    Read More: How Does Internal Audit Contribute to Good Corporate Governance?

     

    The Need for Trusted Advisors in Nigeria’s NPO Sector

    While risk-based auditing offers significant benefits, implementing it effectively requires expertise and experience. Partnering with a trusted auditing firm like Stransact (Chartered Accountants) can provide NPOs with several advantages:

    • Deep Understanding of the Non-Profit Sector: We understand the unique challenges and regulatory landscape faced by Nigerian NPOs.
    • Experienced Risk Assessment Professionals: Our team possesses the skills and knowledge to conduct comprehensive risk assessments tailored to your organization.
    • Data-Driven Recommendations: We leverage data analytics to ensure our recommendations are based on concrete evidence and best practices.
    • Cultural Sensitivity: We understand the importance of cultural context and tailor our approach to the specific needs of Nigerian NPOs.

    Empowering Informed Decision-Making

    Beyond the audit itself, risk-based auditing empowers NPOs to make informed decisions about resource allocation and program design. By understanding their risk landscape, NPOs can prioritize activities with the highest potential impact and mitigate risks that could hinder their success.

    For example, an NPO focused on healthcare services in rural areas might identify a high risk of medication theft due to weak internal controls.  A risk-based audit could recommend implementing secure storage facilities and clear staff protocols to address this risk.

    Continuous Improvement and Best Practices

    Risk management is an ongoing process.  Partnering with a trusted advisor can also provide NPOs with access to ongoing support and resources. This includes staying updated on the latest regulatory requirements, industry best practices, and emerging risks in the non-profit sector.

     

    Download our Doing Business in Nigeria guide

     

    Conclusion

    Risk-based auditing is a powerful tool for Nigerian NPOs to achieve greater accountability, effectiveness, and donor confidence.  By understanding the specific risks they face and taking proactive steps to mitigate them, NPOs can ensure their valuable resources are directed towards achieving their mission and delivering positive social impact.

    Contact Stransact (Chartered Accountants) today to discuss how we can help your NPO develop a comprehensive risk management framework and conduct a risk-based audit tailored to your organization’s specific needs.

  • Accounting for VAT in Manufacturing Industry: Cashflow and Compliance Challenges

    Accounting for VAT in Manufacturing Industry: Cashflow and Compliance Challenges

    The manufacturing industry is a vital part of the Nigerian economy. Based on the sectoral distribution of Value Added Tax (VAT) released by the National Bureau of Statistics (NBS) for Q4 2023 published in March 2024, the VAT derived from the manufacturing sector was about ₦158.9 billion.

    This represents 13.24% of the total VAT collection, making it the highest contributor to the country’s VAT revenue, despite the numerous challenges facing the sector. Because of the strong contribution of the sector to revenue generation, one would expect that any challenge facing the sector will receive utmost attention, to improve the ease of tax compliance for its players.

    This article discusses some of the industry challenges as it relates to accounting for VAT.

    What Basis, Cash or Accrual Basis?

    Per the provisions of the Value Added Tax (VAT) Act, businesses falling under the category of taxable persons are mandated to submit their VAT returns every month, covering all taxable transactions conducted in the preceding month. However, it is crucial to note that the amount remitted during this process pertains specifically to the net Output VAT. This refers to the VAT sum charged and received by the taxable entity, after deducting any applicable Input VAT from the Output VAT.

    In cases where the Input VAT surpasses the Output VAT, the taxpayer is eligible for a refund. This delineates the fundamental principle of remitting Output VAT based on the interplay of VAT collected from customers and VAT paid on purchases, commonly known as the cash basis approach. Consequently, any outstanding amounts yet to be collected are not considered part of the remittance, and adjustments should be made accordingly from the total supplies.

    Another perspective posits that the requirement to submit monthly returns for all VATable supplies implies that all Output VAT must be remitted upon rendering the returns, regardless of whether it has been fully collected or not. This approach is commonly known as the accrual basis. In practical terms, businesses have the flexibility to choose between these methods based on the nature of their operations. The accrual method is typically favored in scenarios where invoices are settled at the point of sale or within a brief timeframe, whereas the cash basis is deemed more suitable for businesses with extended credit periods.

    Prior to the Finance Act 2019 (which took effect in 2020), the Federal Inland Revenue Service (FIRS) typically insisted that taxpayers remit VAT on accrual basis since this guaranteed a higher VAT revenue for the government. However, this was not a good fit for companies with significant credit sales – a situation that is not new to manufacturing industry. The principle behind the VAT system is that the taxpayer as an agent of the FIRS is to charge, collect and remit the VAT. It was usually onerous for companies (especially manufacturing companies) to remit VAT before they even had to collect it from customers. The accrual basis created cashflow challenges as the companies would use their working capital to finance or fund VAT payments. That is not all; when bad debts (from obsolete goods or sales write-offs) arise, the taxpayers would also lose VAT already paid to the FIRS, and recovery of excess VAT payment is almost a practical impossibility.

     

    Read More: Effects of Multiple Taxation on Business Survival in Nigeria

     

    Tax officials often, in the events of tax reviews or audits, expect the Output VAT to correspond to the VAT per the revenue in the audited account for the period covered. According to IFRS 15, revenue should be recognized when the entity satisfies a performance obligation by transferring a promised good or service to a customer, which occurs when the customer obtains control of that good or service. Revenue is measured based on the consideration to which the entity expects to be entitled in exchange for those goods or services. The revenue per Audited Financial Statements does not necessarily represent cash collected for the period and so should not be basis for the remittance of Output VAT.

    The Finance Act 2019 amended section 15 of the VAT Act 2007 to provide clarification that VAT should be accounted for on cash basis. Only VAT that has been collected should therefore be remitted to FIRS. This amendment helps businesses manage cashflow and reduces the risk that a business ultimately bears VAT burden for its customers, particularly in cases of bad debts.

    Claiming Input VAT on Inventory

    The Nigerian VAT Act limits deductible Input VAT to that ‘incurred on purchase of raw materials used to manufacture products on which Output VAT is charged’ and ‘VAT on goods purchased for resale’. The clear suggestion of this is that the Input VAT incurred on raw material, A, can only be claimed when the corresponding finished good, B, have been sold and Output VAT charged to the customer.

    This corresponds with the basic accounting equation in which the “Closing inventory” is typically deducted from the sum of “Opening inventory” and “Purchases for the period” to arrive at the “Cost of goods sold during the period”. The concern here is that most manufacturing companies practically recognize Input VAT as a debit to the VAT payable account once the cost of the raw material is recognized and not necessary when the Output VAT has been charged on the corresponding finished products. Most of these companies use accounting software that have been configured in this manner, and hence it is difficult to track the raw materials whose corresponding finished goods have been sold before Input VAT is claimed.

    Good accounting demands that Input VAT incurred on raw material whose finished goods were not eventually sold due to obsolescence, physical damage or pilferage should be written off from the debit side of the VAT payable account and therefore not available for claim against the output VAT resulting from the sales of other goods. It is worth noting that in Nigeria, taxpayers can only claim Input VAT when the VAT paid to a government-registered collecting agent (i.e., a tax-registered vendor or an appointed collecting agent) has been remitted to the FIRS account using the taxpayer’s TIN. The taxpayer’s account on TaxPro Max will be credited with the Input VAT only after the vendor or appointed agent has made the remittance to the FIRS.

    Recovery of Input VAT where Output VAT is not Collected

    Government agencies, Statutory bodies, companies in the oil and gas sector, Deposit Money Banks and some major telcos in Nigeria have been mandated to deduct any VAT charged to them at source and remit directly to the FIRS. Manufacturing companies who sell goods to the above-mentioned entities will not have the opportunity to recover their input VAT. This will constantly put them in a position to receive VAT refunds. This, no doubt, can affect their working capital. Certain goods are classified as VAT exempt and others are classified as zero-rated. Zero-rated goods are taxed at 0%. Companies whose final goods are VAT exempt are not required to claim Input VAT as no Output VAT is charged on their goods. Companies with zero-rated goods can claim Input VAT since Output VAT was charged but at 0%. This will lead to the accumulation of Input VAT and put the company in a steady state of VAT refund.

    However, affected companies are allowed to apply to the FIRS for a refund which would typically be subject to a rigorous tax audit exercise. Such audits by FIRS often come with significant administrative costs for the taxpayer as they are protracted, and FIRS would usually raise several other compliance issues to erode the taxpayers’ refund claims. In the light of this, a more efficient way would be for the government to allow affected companies to recover excess tax amounts from any other tax type that is due to the FIRS from the same taxpayer. This will allow companies better manage their cashflow pending a comprehensive review during the periodic tax audits by FIRS. 

     

    Download Our Doing Business in Nigeria Guide

     

    Conclusion

    The huge cost that comes with compliance in Nigeria affects the manufacturing industry negatively. In developed economies, like the UK, there is no restriction to the claim of Input VAT (as claims can be stretched to include the VAT components of cost of services and capital purchases) and the Tax refund processes are quite simple. One major impact of restricting input VAT claims is that the portion of the VAT expensed through the Profit or Loss Statement only enjoys income tax deduction that is limited to the applicable income tax rate. A good tax system should promote fairness and equity. The FIRS must encourage the taxpayers in this industry by addressing these issues as examined in this article, to improve the overall ease of voluntary compliance and doing business in Nigeria.

  • Understanding Employee Share Based Compensation Taxes for Employers & Employees in Nigeria

    Understanding Employee Share Based Compensation Taxes for Employers & Employees in Nigeria

    As competition tightens, businesses across industries constantly innovate to attract and retain the best and brightest minds. One strategy gaining significant traction is Employee Share-Based Compensation (ESBC).

    ESBC programs offer employees a stake in the company’s success. They receive shares or stock options, essentially becoming mini-owners alongside shareholders. This incentivizes them to perform well and contribute to the company’s growth, as their financial well-being becomes directly tied to the company’s performance. It becomes a win-win situation: the company thrives with a motivated workforce, and employees share in the rewards of their hard work.

    However, a crucial gap exists in employee knowledge. Many individuals participating in ESBC programs may be unaware of the potential tax implications. This lack of understanding can lead to unexpected tax burdens and ultimately diminish the program’s intended benefits.  Imagine the disappointment of an employee who receives shares, only to discover later they owe a significant amount in taxes they were not prepared for.

    This article aims to bridge this gap by providing a comprehensive review of the tax implications of ESBC in Nigeria, empowering both employees and employers to make informed decisions and unlock the full potential of share-based compensation.

    Understanding Employee Share-Based Compensation (ESBC)

    Employee share-based compensation (ESBC) offers employees a stake in a company’s growth and aligns their interests with shareholders.

    These programs come in various forms, including:

    • Stock Options: Employees receive the right to buy company shares at a predetermined price (exercise price) within a specific timeframe.
    • Restricted Stock Units (RSUs): Employees are granted shares that vest over time, typically after meeting certain performance conditions.
    • Employee Stock Purchase Plans (ESPPs): Employees can purchase company shares at a discount through payroll deductions.
    • Stock Appreciation Rights (SARs): Employees receive cash compensation based on the increase in the share price from the grant date.

    While ESBC incentivizes employees and promotes long-term commitment, it also carries tax implications for both employers and employees.

     

    Read More: Taxing Times: A Q&A with Stransact’s Victor Athe on Nigeria’s Tax Landscape

     

    Tax Implications for Employees in Nigeria

    The tax treatment of ESBC for Nigerian employees varies depending on the type of award and the timing of certain events. Here is a breakdown of key considerations:

    However, the Finance Act 2021, exempts disposal of shares from CGT charge, if:

    • The disposal proceeds are reinvested in Nigerian Companies.
    • Disposal proceeds are less than N100 million in any 12 consecutive months and adequate returns are made to the Tax Authority.
    • The shares are transferred between an approved borrower and lender in regulated securities lending transactions per CITA.

    It’s important to note that tax laws can be complex and subject to change. Consulting with a qualified tax professional is recommended to determine the specific tax implications for your situation.

    Tax Implications for Employers in Nigeria

    Employers offering ESBC programs also have tax considerations:

    • Tax Deductions: Employers may be eligible for tax deductions on expenses related to employee stock options or other equity awards, subject to specific conditions outlined by Nigerian tax authorities.
    • Financial Reporting: As per the International Financial Reporting Standard (IFRS) 2, employers are required to report share-based compensation transactions on their financial statements.

     

    Read More: How Does Internal Audit Contribute to Good Corporate Governance?

     

    Conclusion: Navigating the ESBC Landscape with Confidence

    The tax consequences of Employee Share-Based Compensation (ESBC) encompass a range of considerations for both employees and employers within the Nigerian fiscal framework. While the legal framework continues to evolve, a clear understanding of current tax regulations and proactive planning are necessary for optimizing the benefits of these incentive programs.

    How Can We Help?

    At Stransact, we help businesses in Nigeria design and implement effective ESBC programs while navigating the associated tax complexities. Our team of experienced advisors can provide comprehensive guidance and ensure compliance with all relevant regulations.  

    Contact us today at [email protected] to learn more about our services.

  • Why Nigerian Taxpayers Suffer Low Tax Morale — Victor Athe

    Why Nigerian Taxpayers Suffer Low Tax Morale — Victor Athe

    Victor Athe, Partner, Tax Services, Stransact Chartered Accountants discusses in an interview with The Vanguard newspaper why Nigerians are feeling overburdened by existing taxes and VAT, the 2023 finance Act, public debt to GDP ratio, and how the Federal government can harmonise tax collection among other issues.

    What is the philosophy of Stransact Chartered Accountants and Audit in offering support to businesses?

    Stransact offers a broad spectrum of professional services covering tax compliance/advisory services, all aspects of transfer pricing (TP) and its related services, transactions advisory, deals advisory, accounting, audit, and all other attest-type services. Our strategy for our target market is to provide these professional services to our clients with the same or a superior level of quality compared to what is offered by the big brands in the market. This way, we constantly help our clients derive strategic value in all their transactions, that are significantly in excess of the costs to them.

    Last year, Nigeria enacted the Finance Act 2023 (FA 2023). What is your structural assessment of this Act?

    The Nigerian Companies Income Tax Act (CITA) provides specific rules for the taxation of foreign entities engaged in international shipping and airline transportation in Nigeria.  The profits which these foreign entities specifically derive in Nigeria are typically subjected to tax using a deemed income approach (where income tax rate is applied on a fair and reasonable percentage of their gross revenues). The FA 2023 now requires that the gross revenue statements submitted by these foreign entities when filing their annual income tax returns would now have to be certified by an external auditor. The agencies that maintain regulatory oversight over shipping and air transport companies have also been mandated to ensure that these foreign companies present evidence of adequate tax compliance in Nigeria before all relevant regulatory permits and approvals are approved for them. In my view, the additional requirements introduced by the FA 2023 would actually help ensure that the tax bases relating to the economic activities carried on by the foreign entities in Nigeria are not eroded. This way, the country can reap its fair share of taxes from the enormous economic activities of these foreign businesses. 

    What are the key challenges and opportunities for businesses in relation to taxation in the current economic and regulatory landscape?

    There are undoubtedly a plethora of challenges in Nigeria’s current economic and regulatory landscape as it relates to taxation, including multiplicity of taxes, poor tax administration, non-availability of database, tax touting, ambiguity of Nigerian tax laws, non-payment of tax refunds, issues around utilisation of withholding tax credit notes, wrong interpretation of tax laws during tax dispute resolutions, etc.  Most of these issues generally result in a low tax morale in taxpayers (both businesses and individuals). Recent studies have shown that a key determinant of tax morale is the perceived quality of the tax administration.  Increase in tax morale has also been linked to satisfaction with public services, supporting the existence of the fiscal contract between taxpayers and the state-a willingness to pay tax in return for effective public services. Notwithstanding the existing challenges, there are lots of tax incentives that have been structured to encourage increased investments in the Nigerian economy.  Some of the existing incentives include tax holidays, tax exemption schemes, repatriation of foreign capital/profits at official exchange rates, export incentives, Export Expansion Grant (EEG) Scheme, gas utilisation incentives, tourism incentives, reduced tax rates on interest income among others.

    How can tax contribute to the growth of the country’s GDP?

    There is evidence to support the fact that countries with high tax-to-gross domestic product (GDP) ratios have higher tax morale. Improving tax morale holds the potential to increase government revenue from taxation with relatively little enforcement efforts. States are battling with taxes too.

    What do you think is holding back some states in addressing the issue of multiple taxation?

    The Nigerian Constitution on which all other laws run, contains the exclusive, concurrent, and residual legislative lists. Each specifies the type of taxes that the various tiers of governments in Nigeria should have legislative powers over.  The debacle on whether the federal government or state governments should collect Value Added Tax, VAT, is yet to be conclusively resolved due to the peculiar complications and complexities around the issue. The practice of coming up with different names for the same tax type by federal, state and local government agencies and ministries is tantamount to tax duplication.

     

    Read More: Is Your Tax Bill Eating Away Your Profits? Explore Tax Incentives to Reduce Your Tax Liability

     

    Duplication or multiplicity of taxes is driven primarily by the need for states to generate more revenue.  Despite the increase in statutory federal allocations to the states by about 69 per cent in 2024 compared to the previous year, most states are still  not able to independently fund the deficit of their respective budget expenditures. The ultimate outcome of tax duplication is that taxpayers would have to bear a burden of taxes that is astronomically higher than what they had anticipated or planned. This huge disincentive for businesses in Nigeria contributes significantly to the poor ranking of Nigeria on the world ease of doing business index and weighs in negatively on the investment climate in Nigeria. This also encourages tax touting – creation of illegal taxes that are enforced and collected through illegal, aggressive and unorthodox means, which are mostly extortionate.

    What kind of policy should be in place for there to be harmonisation of taxation?

    Our National Tax Policy (NTP) document was first created sometime in 2012, and then revised in 2017, to provide policy direction for tax matters generally. This also serves as a procedural guideline for achieving effective harmonisation between the respective tax authorities of the different tiers of government.  The NTP was designed to be an instrument for creating awareness on the importance of taxation as a stable flow of revenue for the Nigerian government in the face of dwindling oil revenue. The NTP sought to address fundamental issues relating to multiple taxation, lack of accountability for tax revenue and lack of clarity on the taxation powers of each level of government. However, considering the fact the NTP is only a document that is not a legal instrument, the intended benefits are yet to be realised, due primarily to lack of effectiveness in its implementation, perhaps due to the lack of legal backing.

    Between the federal government and state governments, who has the right to collect taxes?

    One of the challenges Nigeria is currently facing is that the indices that drive the allocation of revenue accruing to government centrally does not effectively consider and reward contributions to the economy from arms of government that demonstrate effective utilisation of resources, promotion of investments, infrastructural development, and others. The working poor — and, increasingly, the squeezed middle — are contributing a higher proportion.

     

    Read more: Creating a Culture of Compliance: Embedding Risk Management in Organizational DNA

     

    How do you think things would develop in Nigeria if the federal government started taxing big money and redistributing wealth democratically? Would we see instant changes?

    One of the major challenges bedeviling our revenue system is that a lot of high networth individuals (HNIs) are either outrightly evading payment of taxes of some or all sources of their income, or do not pay the appropriate level of taxes commensurate to their income in line with the provisions of our income tax laws. For instance, the Personal Income Tax (PIT) Act which governs the taxation of individuals in Nigeria stipulates that every individual that is Nigerian resident should be assessed to PIT on their global income (income earned from both within and outside Nigeria).  The proper enforcement of this provision alone can change Nigeria’s revenue fortunes very significantly. One of the cardinal features of a proper/effective tax system is the redistribution of wealth. This is why the PIT rates in Nigeria are graduated such that the highest income earners are taxed at the highest rate.

    However, where there is paucity of data on the actual income earned by high net-worth persons, who may have exploited a large part of our collective economic resources in generating such income, then the Nigerian economy will constantly be short-changed where an effective system is not put in place to hold these HNIs accountable to remit their fair share of taxes.

     

    Read more: Mastering Payroll Management for Business Owners

     

    After a decade of heavy borrowing to fund infrastructure expansion, the ratio of public debt to GDP in Nigeria increased… 

    Under IMF’s Debt Sustainability Framework (DSF), a country’s debt-carrying or debt-accumulation capacity would typically be determined by the strength of its macro-economic performance and policies. Studies have shown that accumulation of debts above recommended threshold levels, could be inimical to economic growth, especially when the debt increase is not aligned with the country’s growth needs. A high public debt-to-GDP ratio can also further exacerbate the already deteriorating exchange rate in various ways, including putting pressure on foreign exchange reserves, investor confidence, inflationary pressures, and the need for more foreign currency to service debt obligations. This underscores the importance of sustainable fiscal management and prudent borrowing practices to maintain exchange rate stability and overall economic health. One important thing I believe the FG should do is to ramp-up our tax revenue in our current context by widening the tax base.  There are several steps that can be taken to achieve this, including the increased formalisation of the current vast informal sector in Nigeria.

    On assumption of office, the current Acting Federal Inland Revenue Service (FIRS) Chairman also immediately expressed commitment to significantly improving the nation’s tax-to-GDP ratio from the then 10 per cent to as much as 18 per cent. There is clearly an inverse relationship between the public debt-to-GDP ratio and the tax-to-GDP ratio. This means as the latter increases, the former is likely to reduce since it would directly mean that government would have a larger pool of resources available to finance its expenditure priorities, and would not need to borrow or cut down on its expenditure to maintain fiscal stability. Another measure that can be taken is the stringent implementation of some of the recent amendments to our tax laws, such as the Significant Economic Presence (SEP) rules.  There are currently cases of Multinational Enterprises (MNEs) deriving income from sales through digital/electronic channels to Nigerians (mostly B2B transactions), and are caught under our SEP rules, but do not remit the appropriate share of income taxes to the Nigerian Government. Considering the significant earnings these MNEs derive in Nigeria, it may be an effective strategy to channel focus to collecting the appropriate level of taxes (income tax and VAT) from these multinational businesses that are deriving enormous value from Nigeria.

    With many Nigerians already feeling overburdened by existing taxes and VAT, the Federal Government is aiming to increase the ratio of tax revenue to GDP…

    It is certainly important for the Federal Government to work at expanding the tax base to capture a sizable portion of the country’s vast informal sector, which mostly comprises unregistered small-scale businesses. This sector plays a crucial role in the nation’s economy, as it accounts for a significant portion of employment and national GDP – more than 50 per cent. Tax collection from the informal sector has remained a complex issue since the majority of the businesses therein, largely operate without proper regulatory oversight. However, recent efforts by the Government, which include the introduction of Micro, Small, and Medium-sized Enterprises (MSME) Development Fund, ease of doing business reforms and tax reforms, introduced by the amendments to our tax legislations (e.g. the exemption of small businesses from VAT and Income Tax obligations); are all laudable steps aimed at encouraging the increased formalisation of informal sector.

  • Taxing Times: A Q&A with Stransact’s Victor Athe on Nigeria’s Tax Landscape

    Taxing Times: A Q&A with Stransact’s Victor Athe on Nigeria’s Tax Landscape

    Nigeria’s tax landscape is constantly evolving, and keeping up with the latest changes can be a challenge for businesses of all sizes.  In a recent interview with The Punch newspaper, Victor Athe, Partner, Tax Services at Stransact (Chartered Accountants), offered valuable insights into the 2023 Finance Act and its impact on Nigerian businesses.

    This interview with Victor Athe explores key topics such as foreign entity taxation, widening the tax base, and the challenges and opportunities businesses face in the current regulatory environment.

    What is your structural assessment of the Finance Act 2023?

    The Nigerian Companies Income Tax Act provides specific rules for the taxation of foreign entities engaged in international shipping and airline transportation in Nigeria.  The profits that these foreign entities specifically derive in Nigeria are typically subjected to tax using a deemed income approach, where the income tax rate is applied to a fair and reasonable percentage of their gross revenues.

    The FA 2023 now requires that the gross revenue statements submitted by these foreign entities when filing their annual income tax returns have to be certified by an external auditor. The agencies that maintain regulatory oversight over shipping and air transport companies have also been mandated to ensure that these foreign companies present evidence of adequate tax compliance in Nigeria before they can get all relevant regulatory permits and approvals.

    In my view, the additional requirements introduced by the FA 2023 would actually help ensure that the tax bases relating to the economic activities carried on by foreign entities in Nigeria are not eroded. This way, the country can reap its fair share of taxes from the enormous economic activities of these foreign businesses in Nigeria.

    Debt service obligations in Nigeria now take up more than 60 percent of the nation’s tax income, and the country is turning back to the tax authority to ramp up revenue collection. How can the government maximise tax revenues?

    Under the IMF’s Debt Sustainability Framework, a country’s debt-carrying or debt-accumulation capacity would typically be determined by the strength of its macroeconomic performance and policies. Studies have shown that the accumulation of debts above recommended threshold levels could be inimical to economic growth, especially when the debt increase does not align with the country’s growth needs.

    A high public debt-to-GDP ratio can also further exacerbate the already deteriorating exchange rate in various ways, including putting pressure on foreign exchange reserves, investor confidence, inflationary pressures, and the need for more foreign currency to service debt obligations. This underscores the importance of sustainable fiscal management and prudent borrowing practices to maintain exchange rate stability and overall economic health.

    The government should ramp up our tax revenue in our current context by widening the tax base. There are several steps that could be taken to achieve this, including the increased formalisation of the current vast informal sector in Nigeria.

    On assumption of office, the current acting Federal Inland Revenue Service chairman also immediately expressed commitments to significantly improve the nation’s tax-to-GDP ratio from the then 10 percent to as much as 18 percent. There is clearly an inverse relationship between the public debt-to-GDP ratio and the tax-to-GDP ratio. This means that as the latter increases, the former is likely to reduce since it would directly mean that the government would have a larger pool of resources available to finance its expenditure priorities and would not need to borrow or cut down on its expenditure, to maintain fiscal stability.

    Another measure that can be taken is the stringent implementation of some of the recent amendments to our tax laws, such as the Significant Economic Presence Rules.  There are currently cases of multinational enterprises deriving income from sales through digital/electronic channels to Nigerians (mostly B2B transactions) that are caught under our SEP rules but do not remit the appropriate share of income taxes to the government. Considering the significant earnings these MNEs derive in Nigeria, it may be an effective strategy to channel focus to collecting the appropriate level of taxes from these multinational businesses that are deriving enormous value from Nigeria.

     

    Read More: Understanding the tax consequences of remote work

     

    How can the government expand the country’s tax base so that more people share the tax burden?

    It is certainly important for the Federal Government to work at expanding the tax base to capture a sizeable portion of the country’s vast informal sector, which mostly comprises unregistered small-scale businesses. This sector plays a crucial role in the nation’s economy, as it accounts for a significant portion of employment and national GDP—more than 50 percent.

    Tax collection from the informal sector has remained a complex issue since the majority of the businesses therein largely operate without proper regulatory oversight. However, recent efforts by the government, which include the introduction of the Micro, Small, and Medium-sized Enterprises Development Fund, Ease of Doing Business reforms, and Tax Reforms, introduced by the amendments to our tax legislation, are all laudable steps aimed at encouraging the increased formalisation of the informal sector.

    For companies, having a full-service consulting firm to support them is extremely valuable. What is the philosophy of Stransact Chartered Accountants and Audit in this regard?

    Stransact currently offers a broad spectrum of professional services covering tax compliance/advisory services, all aspects of transfer pricing and its related services, transaction advisory, deal advisory, accounting, audit, and all other attest-type services. Our strategy for our target market is to provide these professional services to our clients with the same or a superior level of quality compared to what is offered by the big brands in the market. This way, we constantly help our clients derive strategic value from all their transactions that are significantly in excess of the costs to them.

     

    Learn More: Download our services brochure

     

    What is the implication of a low tax-to-GDP ratio on the growth of the Nigerian economy, and where are we compared to our peers in Africa?

    There is evidence to support the fact that countries with high tax-to-GDP ratios have higher tax morale. Improving tax morale holds the potential to increase government revenue from taxation with relatively few enforcement efforts.

    What do you think is holding back other states from addressing the issue of multiple taxation?

    The Nigerian Constitution, the bedrock on which all other laws run, contains exclusive, concurrent, and residual legislative lists, each specifying the type of taxes that the various tiers of government in Nigeria should have legislative powers over. The debacle over whether the Federal or State governments should collect VAT is yet to be conclusively resolved due to the peculiar complications and complexities surrounding the issue.

    The practice of coming up with different names for the same tax type by federal, state, and local government agencies and ministries is tantamount to tax duplication. Duplication, or multiplicity of taxes, is driven primarily by the need for states to generate more revenue. Despite the increase in statutory federal allocations to the states by about 69 percent in 2024 compared to the prior year, most states have not yet been able to independently fund the deficit of their respective budget expenditures.

    The outcome of tax duplication is that taxpayers would have to bear a burden of taxes that is astronomically higher than what they had anticipated or planned. This huge disincentive for businesses in Nigeria contributes significantly to the poor ranking of Nigeria on the World Ease of Doing Business Index and weighs negatively on the investment climate in Nigeria. This also encourages tax touting, the creation of illegal taxes that are enforced and collected through illegal, aggressive, and unorthodox means that are mostly extortionate.

     

    Read More: Forensic Audits: When and Why Your Business Needs One

     

    How do you think things would develop in Nigeria if the Federal Government started taxing the wealthy in society and redistributing wealth democratically?

    One of the major challenges bedeviling our revenue system is that a lot of high net-worth individuals are either outrightly evading payment of taxes from some or all sources of their income or do not pay the appropriate level of taxes commensurate to their income in line with the provisions of our income tax laws.

    For instance, the Personal Income Tax Act, which governs the taxation of individuals in Nigeria, stipulates that every individual who is a Nigerian resident should be assessed PIT on their global income (i.e., income earned from both within and outside Nigeria). The proper enforcement of this provision alone can change Nigeria’s revenue fortunes very significantly.

    One of the cardinal features of a proper/effective tax system is the redistribution of wealth. This is why the PIT rates in Nigeria have graduated so that the highest income earners are taxed at the highest rate. However, where there is a paucity of data on the actual income earned by high net-worth persons, who may have exploited a large part of our collective economic resources in generating such income, then the Nigerian economy will constantly be short-changed, where an effective system is not put in place to hold these individuals accountable to remit their fair share of taxes.

    What kind of policy should be in place for there to be harmonisation of taxation?

    Our National Tax Policy document was created sometime in 2012 and then revised in 2017, to provide policy direction for tax matters generally. This also serves as a procedural guideline for achieving effective harmonisation between the respective tax authorities of the different tiers of government. The NTP was designed to be an instrument for creating awareness of the importance of taxation as a stable flow of revenue for the government in the face of dwindling oil revenue. The NTP sought to address fundamental issues relating to multiple taxation, a lack of accountability for tax revenue, and a lack of clarity on the taxation powers of each level of government.

    However, considering the fact that the NTP is only a document that is not a legal instrument, the intended benefits are yet to be realised, due to a lack of effectiveness in its implementation, perhaps because it lacks legal backing.

     

    Download our Doing Business in Nigeria Guide

     

    The lower court says VAT is strictly a state tax. If the Supreme and Appeals Courts affirm that decision, it will leave the FG open to revenue shortfalls. What do you think?

    One of the challenges Nigeria is currently facing is that the indices that drive the allocation of revenue accruing to the government centrally do not effectively consider and reward contributions to the economy from arms of government that demonstrate effective utilisation of resources, promotion of investments, infrastructural development, and others.

    What are the major challenges and opportunities for businesses regarding taxation in the current economic and regulatory landscape?

    There are undoubtedly a plethora of challenges in Nigeria’s current economic and regulatory landscape as it relates to taxation. These include the multiplicity of taxes, poor tax administration, non-availability of the database, tax touting, ambiguity of Nigerian tax laws, non-payment of tax refunds, issues around the utilisation of withholding tax credit notes, and wrong interpretation of tax laws during tax dispute resolutions, among others.  Most of these issues generally result in low tax morale among taxpayers. Recent studies have shown that a key determinant of tax morale is the perceived quality of the tax administration. An increase in tax morale has also been linked to satisfaction with public services, supporting the existence of the fiscal contract between taxpayers and the state’s willingness to pay tax in return for effective public services.

    Notwithstanding the existing challenges, there are lots of tax incentives that have been structured to encourage increased investments in the Nigerian economy.

     

    Source: The Punch

  • Is Your Tax Bill Eating Away Your Profits? Explore Tax Incentives to Reduce Your Tax Liability

    Is Your Tax Bill Eating Away Your Profits? Explore Tax Incentives to Reduce Your Tax Liability

    Many Nigerian businesses struggle with the weight of corporate taxes, hindering their ability to invest in expansion and innovation. However, a strategic understanding of the Nigerian tax ecosystem can unlock a wealth of opportunities.

    The Nigerian government offers a robust framework of tax incentives designed to stimulate specific sectors and business types. By leveraging these benefits, companies can significantly reduce their tax liabilities and free up valuable resources for growth.

    This article provides a comprehensive overview of the key tax incentives available to Nigerian businesses. We will delve into programs for labeled startups, approved enterprises in free trade zones, pioneer companies in critical industries, and the advantages extended to small businesses.
    Ready to optimize your tax strategy and unlock significant financial advantages? Let’s explore the tools at your disposal.

    The Drivers Behind Nigeria’s Tax Incentive Programs

    The Nigerian government’s tax incentive framework is not accidental. Each incentive program is strategically designed to address specific economic goals. Some drivers of these initiatives include:

    • Fueling innovation and research
    • Unlocking export potential
    • Empowering domestic investment
    • Bridging regional disparities
    • Attracting foreign investment

    By understanding the rationale behind these incentives, businesses can strategically position themselves to benefit from these programs and contribute to the nation’s overall economic well-being.

    A Look at Nigeria’s Tax Incentives

    Labeled Startups

    Nigeria’s Startup Act recognizes the critical role of innovative startups in driving economic growth. To empower these young companies, the government offers a compelling package of tax incentives for “labeled startups” – those officially recognized by the Nigerian Startup Act.

    Incentives available to Labelled Startup:

    • A labeled startup will get Pioneer status. i.e. Income tax relief for a period of 3 years and an additional 2 years if still within the period of a labeled startup from the date of issuance of the asset.
    • A labeled startup shall enjoy full deduction of any expenses on research and development which are wholly incurred in Nigeria.
    • A labeled startup shall be exempt from contributions to the Industrial Training Fund (ITF) where it provides in-house training to its employees for the period where it is designated as a labeled startup.
    • A labeled startup shall be entitled to an investment tax credit equivalent to 30% of the investment in the labeled startup.
    • Capital gains tax shall not be charged on gains that accrue from the disposal of assets in a labeled startup provided the assets have been held in Nigeria for a minimum period of 24 months.

    Approved Enterprises

    Nigeria’s network of Free Trade Zones (FTZs) offers a unique environment for businesses seeking to expand their global reach and optimize their tax profile. Companies operating within these designated zones, known as “Approved Enterprises,” enjoy a range of attractive incentives:

    Incentives available to Approved Enterprises within FTZs;

    • Exemption from all federal, state, and local government taxes, rates, and levies.
    • Duty-free importation of capital goods, machinery/components, spare parts, raw materials, and consumable items in the zones
    • Repatriation of foreign capital investment.
    • Full remittance of profits and dividends earned by foreign investors.
    • Import and export licenses shall not be required.
    • Rent-free land at the construction stage; thereafter rental payment shall be determined by the Authority.
    • Allows for up to 100% foreign ownership of investments.
    • Up to 25% of production may be sold outside the zone (custom territory) against a valid permit and on payment of appropriate duties.

    Pioneer Companies

    The Nigerian government recognizes the importance of fostering new industries and encouraging domestic production of essential goods. To achieve this, they offer a compelling set of tax breaks for “pioneer companies” – those venturing into industries deemed critical for national development.

    Incentives available to Pioneer Companies:

    • Pioneer companies are entitled to tax relief (i.e. exemption from income tax) for a period of three years and can be extended by an additional period of two years.
    • Withholding tax exemption on dividends paid by Pioneer companies to the shareholders.
    • Any losses incurred by Pioneer companies during the pioneer period can be offset against profit after the pioneer period.
    • The qualifying capital expenditure incurred during the pioneer period is deemed to be incurred on the first day of the post-pioneer period.

    Small Companies

    Prior to the Finance Act 2019, there was no segregation of companies, as all companies were liable to income tax at the rate of 30 % on their taxable profit. 

    However, the Finance Act 2019 now classifies companies into 3 categories namely; small companies, medium companies, and large companies based on their turnover level, and stipulates different income tax rates of 0%, 20%, and 30 % respectively.

    Recognizing the vital role of small businesses in driving economic growth, the Nigerian government offers a comprehensive package of tax breaks specifically designed for “small companies,” defined by the Companies Income Tax (CIT) Act as those “with a turnover of #25,000,000 (twenty-five million naira) or less” in a year.

    These incentives aim to ease the administrative burden and financial strain on small businesses, allowing them to focus on establishing a strong foundation and achieving sustainable growth

    Incentives available to Small Companies:
    •    Small companies are exempt from all forms of corporate income taxes i.e. CIT and Tertiary Education Taxes (TET). However, this does not exempt small companies from filing their income tax returns as and when due (i.e., typically six months after the end of its accounting year). The exemption of small companies from payment of income taxes implies income derived by them should be outrightly exempt from withholding tax (WHT) deductions since WHT is typically an advance CIT payment.
    •    Small companies are exempt from minimum taxes which is computed at the rate of 0.5% of a company’s gross turnover, where the company has no taxable profit, or when the income tax payable is lower than the minimum tax computation. This is to ensure that no form of income tax is paid by small companies.
    •    Small companies are exempt from compliance with the provisions of the Value Added Tax (VAT). That is, small companies are not legally required to register for VAT, issue tax invoices, remit and render monthly returns. They are also exempt from the penalties prescribed by the VAT Act for non-compliance with the administrative provisions.
    •    Small companies tend to have easy access to special funds or financing schemes established by the Government, providing them with easier access to credit (loans, guarantees, venture capital funds, subsidized interest rates) at favorable terms.
    •    Small companies participating in trade promotion programs, trade fairs, and exhibitions organized by the government can facilitate access to both domestic and international markets.

    Unlocking Your Full Potential with Stransact

    Navigating the complexities of Nigeria’s tax landscape can be a daunting task. However, with the right guidance, you can transform these incentives from potential benefits into tangible advantages that propel your business forward.

    At Stransact, our tax and strategy professionals go beyond just tax filing. We provide insightful analysis and strategic planning to help you optimize your tax profile, maximize the benefits of available incentives, and minimize your overall tax burden. Our expertise empowers you to make informed decisions that contribute to your long-term growth and success.

    Don’t miss out on the valuable opportunities presented by Nigeria’s tax incentive framework.

    Let us bring value to every transaction and empower you with the confidence to achieve your business goals.

    Contact Stransact today at [email protected]

  • Press Interview: Can Taxes Solve Nigeria’s Debt Crisis?

    Press Interview: Can Taxes Solve Nigeria’s Debt Crisis?

    Nigeria faces a pressing challenge: a high public debt-to-GDP ratio that threatens economic growth. In this interview with The Nation, Victor Athe, a tax expert and Partner at Stransact (Chartered Accountants), dives deep into this issue. Athe offers valuable insights on how Nigeria can maximize its tax revenue to reduce its debt burden and achieve a more sustainable fiscal future. He explores strategies for widening the tax base, enforcing existing tax laws, and improving tax administration. Additionally, Athe discusses the importance of taxpayer morale and harmonization across different levels of government.

     

    The ratio of 60 percent public debt to GDP in Nigeria surpasses the International Monetary Fund’s recommended threshold of 50% for developing countries. How can the country maximise its tax revenues?

    Under IMF’s Debt Sustainability Framework (DSF), a country’s debt-carrying or debt-accumulation capacity would typically be determined by the strength of its macro-economic performance and policies. Studies have shown that the accumulation of debts above recommended threshold levels could be inimical to economic growth, especially when the debt increase is not aligned with the country’s growth needs.

    A high public debt-to-GDP ratio can also further exacerbate the already deteriorating exchange rate in various ways, including putting pressure on foreign exchange reserves, investor confidence, inflationary pressures, and the need for more foreign currency to service debt obligations. This underscores the importance of sustainable fiscal management and prudent borrowing practices to maintain exchange rate stability and overall economic health.

    One important thing I believe the Federal Government should do is to ramp up our tax revenue in our current context, by widening the tax base. Several steps can be taken to achieve this, including the increased formalisation of the current vast informal sector in Nigeria.

    On assumption of office, the current Acting Federal Inland Revenue Service (FIRS) Chairman, also immediately expressed commitments to significantly improve the nation’s tax-to-GDP ratio from the then 10% to as much as 18%.  There is an inverse relationship between the “public debt-to-GDP ratio” and the “tax-to-GDP ratio”. This means that as the latter increases, the former is likely to reduce since it would directly mean that the government would have a larger pool of resources available to finance its expenditure priorities, and would not need to borrow or cut down on its expenditures to maintain fiscal stability.

    Another measure that can be taken, is the stringent implementation of some of the recent amendments to our tax laws, such as the Significant Economic Presence (SEP) rules.  There are currently cases of multinational enterprises (MNEs) deriving income from sales through digital/electronic channels to Nigerians (mostly B2B transactions) that are caught under our SEP rules, but do not remit the appropriate share of income taxes to the Nigerian government. Considering the significant earnings these MNEs derive in Nigeria, it may be an effective strategy to channel focus to collecting the appropriate level of taxes (income tax and VAT) from these multinational businesses that are deriving enormous value from Nigeria.

     

    With many Nigerians groaning under the weight of taxes and VAT, indications are that the Federal Government hopes to increase the ratio of tax revenue to GDP. Don’t you think this could further exacerbate the burden of taxes on Nigerians?

    It is certainly important for the Federal Government to work at expanding the tax base to capture a sizable portion of the country’s vast informal sector, which mostly comprises unregistered small-scale businesses. This sector plays a crucial role in the nation’s economy, as it accounts for a significant portion of employment and national GDP -more than 50%.

    Tax collection from the informal sector has remained a complex issue, since a majority of the businesses therein, largely operate without proper regulatory oversight. However, recent efforts by the government, which include the introduction of Micro, Small, and Medium-sized Enterprises (MSME) Development Fund, Ease of Doing Business reforms,, and Tax Reforms, introduced by the amendments to our tax legislation (e.g. the exemption of small businesses from VAT and Income Tax obligations); are all laudable steps aimed at encouraging the increased formalisation of the informal sector.

     

    Download our “Doing Business in Nigeria” guide for 2024

     

    Today, for any company, having a full-service consulting firm to support them is extremely valuable. What is the philosophy of Stransact Chartered Accountants and Audit in this regard?

    Stransact currently offers a broad spectrum of professional services covering tax compliance/advisory services, all aspects of transfer pricing (TP) and its related services, transaction advisory, deal advisory, accounting, audit, and all other Attest-type services.  Our strategy for our target market is to provide these professional services to our clients with the same or a superior level of ‘quality’ compared to what is offered by the big brands in the market.

    This way, we constantly help our clients derive’ strategic value in all their transactions, that is significantly more than the costs to them.’

     

    Last year, Nigeria enacted the Finance Act 2023 (FA 2023), with the most significant aspect being its effort to enhance the compliance or enforcement modalities surrounding the taxation of income derived from international shipping and airline transportation. What is your structural assessment of this Act?

    The Nigerian Companies Income Tax Act (CITA) provides specific rules for the taxation of foreign entities engaged in international shipping and airline transportation in Nigeria.  The profits that these foreign entities specifically derive in Nigeria are typically subjected to tax using a deemed income approach (where the income tax rate is applied to a fair and reasonable percentage of their gross revenues).

    The FA 2023 now requires that the gross revenue statements submitted by these foreign entities when filing their annual income tax returns would now have to be certified by an external auditor. The agencies that maintain regulatory oversight over shipping and air transport companies have also been mandated to ensure that these foreign companies present evidence of adequate tax compliance in Nigeria before all relevant regulatory permits and approvals are approved for them.

    In my view, the additional requirements introduced by the FA 2023, would help ensure that the tax bases relating to the economic activities carried on by the foreign entities in Nigeria are not eroded. This way, the country can reap its fair share of taxes from the enormous economic activities of these foreign businesses in Nigeria.

     

    Read More: Understanding the Tax Consequences of Remote Work

     

    What are the key challenges and opportunities for businesses concerning taxation in the current economic and regulatory landscape?

    There are undoubtedly a plethora of challenges in Nigeria’s current economic and regulatory landscape as it relates to taxation, which includes: multiplicity of taxes, poor tax administration, non-availability of a database, tax touting, the ambiguity of Nigerian tax laws, non-payment of tax refunds, Issues around utilisation of Withholding Tax Credit Notes, Wrong Interpretation of tax laws during tax dispute resolutions, etc. Most of these issues generally result in a low tax morale in taxpayers (both businesses and individuals).

    Recent studies have shown that a key determinant of tax morale is the perceived quality of the tax administration.  An increase in tax morale has also been linked to satisfaction with public services, supporting the existence of the fiscal contract between taxpayers and the state- willingness to pay tax in return for effective public services.

    Notwithstanding the existing challenges, there are lots of tax incentives that have been structured to encourage increased investments in the Nigerian economy. Some of the existing incentives include tax holidays, tax exemption schemes, repatriation of foreign capital or profits at official exchange rates, export incentives, export expansion grant (EEG) schemes, gas utilisation incentives, tourism incentives, reduced tax rates on interest income, etc.

    What is the implication of tax to GDP on the growth of the Nigerian economy and where are we compared to peers in Africa?

    There is evidence to support the fact that countries with high tax-to-gross domestic product (GDP) ratios have higher tax morale. Improving tax morale has the potential to increase government revenue from taxation with relatively little enforcement efforts.

     

    Read More: The Power of Effective Tax Planning

     

    States are battling with taxes too. What do you think is holding back other states in addressing the issue of multiple taxation they have?

    The Nigerian Constitution, the bedrock on which all other laws run, contains the exclusive, concurrent, and residual Legislative lists’, which each specify the type of taxes that the various tiers of government in Nigeria should have legislative powers over.  The debacle on whether the Federal Government or State governments should collect VAT is yet to be conclusively resolved due to the peculiar complications and complexities around the issue.

    The practice of coming up with different names for the same tax type by federal, state, and local government agencies and ministries is tantamount to “Tax duplication”. Duplication or multiplicity of taxes is driven primarily by the need for states to generate more revenue. Despite the increase in statutory federal allocations to the states by about 69% in 2024 compared to the prior year, most states are still not able to independently fund the deficit of their respective budget expenditures.

    The outcome of tax duplication is that taxpayers would have to bear a burden of taxes that is astronomically higher than what they had anticipated or planned. This huge disincentive for businesses in Nigeria contributes significantly to the poor ranking of Nigeria on the World Ease of Doing Business Index and weighs negatively on the investment climate in Nigeria. This also encourages tax touting -creation of illegal taxes that are enforced and collected through illegal, aggressive, and unorthodox means, which are mostly extortionate.

     

    What kind of policy should be in place for there to be harmonisation of taxation?

    Our National Tax Policy (NTP) document was first created sometime in 2012 and then revised in 2017, to provide policy direction for tax matters generally. This also serves as a procedural guideline for achieving effective harmonisation between the respective tax authorities of the different tiers of government. The NTP was designed to be an instrument for creating awareness of the importance of taxation as a stable flow of revenue for the Nigerian government in the face of dwindling oil revenue. The NTP sought to address fundamental issues relating to multiple taxation, lack of accountability for tax revenue, and a lack of clarity on the taxation powers of each level of government.

    However, considering the fact the NTP is only a document that is not a legal instrument, the intended benefits are yet to be realised, primarily due to lack of effectiveness in its implementation, perhaps due to the lack of legal backing.

     

    How will the federal government cope if the Supreme Court reaches judgment on the case instituted against it by Rivers, Lagos and some other states that joined both parties on the issues of VAT and who has the right to collect taxes?

    One of the challenges Nigeria is currently facing is that the indices that drive the allocation of revenue accruing to the government centrally do not effectively consider and reward contributions to the economy from arms of government that demonstrate effective utilisation of resources, promotion of investments, infrastructural development, and others.

     

    Source: The Nation