If you live, work or run a business in Nigeria, you should have sensed it that FIRS is changing gear with compliance and enforcement drive. “Boys are not smiling” is an appropriate expression for the mood at the Revenue house. How can they smile, when the weight of the country rest on their shoulders? From the Chairman and his management team to the officers on the officers on the field, the pressure is everywhere.
The pressure is understandably high. No one is prepared for excuses, just deliver! As revenue collector for the country (note: not just the Federal Government), all eyes are on FIRS. The success or otherwise of the Federal, State and Local Governments in 2016 rests with FIRS. In previous budgets, government will typically expect about 70% of its revenue to be made from oil revenue, but that has since changed. In 2016, only 13% of total budgeted expenditure is expected to be funded by oil revenue.
The budget as presented has a deficit of 37% deficit and there are valid concerns that the gap may widen. As if it that wasn’t bad enough, from the day the budget was laid on the floor of the National Assembly till date, crude oil has traded below the benchmark price of $38.
Imagine for a moment and reflect on this poser: what happens if targeted revenue is not attained? If revenue target is not met, it’s either borrowing is increased or planned capital projects are abandoned. Neither option is pleasant. Debt servicing in 2016 represents 24% of total spending. How will increased borrowing be serviced? If revenue target is unmet and the country refuse to borrow, what fate befalls the country? It is this reality that puts tremendous pressure on FIRS’ management.
The Federal Governments is banking on FIRS with planned tax revenue of N1.45 trillion for 2016. But that is not the whole story. The targeted tax revenue for 2016 is about N5 trillion. Actually, N4.957 trillion. This includes taxes (like PPT and VAT) collectible centrally and distributable amongst the 3 tiers of government. The revenue target for 2015 was N4.572 trillion with actual collections of N3.743 trillion.
To motivate performance, FIRS has raised the threshold for payment of performance bonuses to its staff. Bonuses will only be paid if minimum of 70% of target is achieved in each quarter. The threshold was previously 60%. With this, you can understand that “boys won’t be smiling”. All officers are now on the field, calling, chasing and directing taxpayers to fulfil their civic obligations. Pay your tax.
Stickers of “non-compliance” have been printed and are now being pasted on the entrance doors of defaulting taxpayers. If they haven’t get to your office, it could be that you are fairly compliant and have (at least) submitted all your self-assessment returns. If you are in default, watch out for the boys. They’ll soon get over there. This is one of many other steps that FIRS is seeking to employ to get taxpayers fulfil their obligations. Soon, it may progress to distraining on properties, search and seizure, prosecution, naming and shaming etc. Care must however be taken to ensure that due process is followed and that any action taken is backed by law.
Enforcement provisions in the tax laws are aimed at getting taxpayers to comply with their tax obligations. There are a number of administrative procedures such as imposition of interest and penalties as well as legal actions. Some tax laws provides for distraint where taxpayers remain adamant and refuses to settle final and conclusive assessments. This is when goods or properties of a taxpayer is seized in order to force payments of tax due. Seizure of someone’s property in order to obtain payment of taxes owed is an extreme measure and only deployed as last measure.
A defaulting taxpayer may be audited, investigated, prosecuted, penalized, and/or jailed. The plan for tax audits is being coordinated by the Joint Tax Board so as to incorporate States tax audits. The plan is to have joint tax audits with possible collaboration with tax consultants to help deal with technical issues and hasten the speed of execution.
The general mode across the tax landscape is to do the right things so as to keep the taxmen away. It will no longer be easy for registered companies to keep away from the eyes of the tax authorities. Different organs of governments are collaborating, exchanging information and helping to block loopholes. FIRS has set a target of adding a minimum of 500,000 corporate taxpayers to its database before 31 March 2016. Already, about 360,000 new corporate taxpayers have been registered since the initiative started about 3 months ago. Similar targets have been set by many State Tax Authorities with a plan to add about 5m new taxpayers before 31 December 2016.
In all of these, it can be said that the Revenue Authorities have changed gear as far as enforcement and compliance are concerned. It’s a season of business unusual. The honeymoon seems over. It’s time for action! The game has changed, the stakes are higher. And boys aren’t smiling.
Footnote:
This article was posted in verses via my Twitter handle, @YomiOlugbenro, on Wednesday 3 February 2016, during my weekly “tweetax” session with hashtag #TaxWiseNG. The tweets are subsequently posted as article on my blog www.yomiolugbenro.com and my social media accounts – facebook.com/YomiOlugbenro and LinkedIn.com/YomiOlugbenro.
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