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Taxation: A two-way social Contract

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Dapo Okubanjo


It is the norm in every society, for the authorities and the people to have what is loosely referred to as a social contract or an implicit agreement.

It is a theory that is as old as humanity itself and it presupposes that a people’s moral and political obligation depends on an agreement among them.

Taxation is seen as one of those obligations that the citizenry in every country is expected to abide by, but in Nigeria this is one social contract that has for years been difficult to keep.

We are a country with the largest economy in Africa in terms of Gross Domestic Product (GDP) and at the last count, the size of Nigeria’s economy is way ahead of South Africa and even Egypt.

But in terms of GDP to tax revenue, the country is not among the performing countries of the world and does not even compare with the two African countries mentioned above. In fact the International Monetary Fund (IMF) has been concerned to the extent that it recently urged Nigeria to improve on its tax revenue which stood at 6% of its GDP as at 2022.


That has been the highest the country has done in recent years but the Federal Inland Revenue Service (FIRS) on the watch of Muhammad Nami, the Executive Chairman, said it plans to raise the tax revenue to GDP ratio to 17% this year.

On paper, this looks ambitious but the FIRS has in the last few years consistently surpassed old records and broken new grounds, so it may not be ideal to bet against the FIRS achieving a quantum increase in the country’s tax revenue.

Chicken or egg dilemma

Paying tax is a chicken and egg situation in many parts of Nigeria. It is usual to hear arguments among Nigerians revolving around inadequate infrastructure or outright lack of it in their immediate communities.

But the truth is funds need to be in public coffers before these things could be done so the question of what comes first between citizens paying the necessary taxes as at when due or government putting up infrastructure and providing social amenities does not even arise.

An aspect of the argument that vexed citizens make against payment of taxes is that not much is visible in terms of social amenities and infrastructure after citizens have done their side of the social contract.

This may be true considering the President Muhammadu Buhari administration had in the past raised posers on what previous administrations had done with public funds based on what it met on ground.

But this is not enough to kick against tax payment especially at a time of dwindling revenue from crude oil. It is ideal for the chicken to be well fed before it could lay eggs.

And to put the issue in proper perspective, it is at a time of a global oil slump that the Buhari administration has been able to depend on other revenue sources and chief amongst these is tax revenue, to deliver so much.

It is through these taxes that government is able to fund road construction, bridges including but not limited to the Loko – Oweto Bridge and Second Niger Bridge, provide medical care (Primary Health Care Centres across the country), build schools and equip them with the necessary infrastructure.


It is pertinent to me to also note that the interventionist fund TETFUND was able to disburse over N2 trillion in about 10 years to several tertiary institutions and this was made possible from the Tertiary Education Tax, which is 2.5% of the assessable profit of companies operating in Nigeria,

When the FIRS made its record breaking tax collection of N10.1 trillion in 2022, it attributed the feat to its internal revamp, its data-centric reforms, and its improved collaboration with all stakeholders including tax payers—emphasising that it recognizes the role that the citizenry plays in achieving its set goal.

And now that the agency has raised the bar in tax collection, the good job that the President Buhari administration is doing in ensuring that Nigerians see where their tax is going would be a further boost to FIRS target for 2023.

So it is absolutely necessary that Nigerians continue to keep their side of the social contract which taxation represents and government, whether the incumbent or the incoming, will have little or no reason to ensure that the people reap the necessary benefits in terms of provision of social amenities.

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FIRS 2023 H1 Collection: A Reflection of the Power and Impact of Citizens’ Civic Obligations Compliance

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By Femi Onakanren

In the aftermath of its record breaking N10 trillion tax revenue collection in the 2022 fiscal year, the Federal Inland Revenue Service (FIRS) has continued to show that its historic performance was no fluke.

The recently announced 2023 half-year performance update is a clear pointer to this.

The FIRS seems to be on course to completely change the trajectory of tax collections and federal revenue diversification by its unrelenting drive to surpass itself regularly.

The FIRS’ 2023 Half-Year Collection Report showed that the Service achieved its target, 100%, for the first half of the year with a mid-year returns of N5.5 trn, as against the projected N5.3 trn target.

According to the report, tax revenue collected from the oil sector from January to June 2023, stood at N2.03 trillion, as against a target of N2.3 trillion; while non-oil tax collection stood at N3.76 trillion, as against a target of N2.98 trillion.

However, the most impressive part of the report was:

Mr. Muhammad Nami, Executive Chairman of the FIRS reported

” This half-year performance was achieved as a result of improved voluntary tax compliance by taxpayers, the continued improvement of automation of our tax administration processes, including the updated VAT filing processes; as well as our dogged engagement with stakeholders in both the formal and informal sectors of the economy.”.

The improved voluntary tax compliance on the part of taxpayers was a particular delight! This means the citizens are getting to understand the value and import of paying taxes. The efforts of the FIRS in educating the public are clearly yielding fruits.

The FIRS, as custodians of public trust, is doing its part to ensure that citizens are delivering on their obligations in the social contract with the government. Thus, the FIRS as an institution has become a reference tool for social accountability.

The improved collections mean the Federal Government has more funds at its disposal to drive the provision of social amenities, improve public infrastructure, and deploy progressive, people focused fiscal policies.

The march towards a better country needs the support and contributions of everyone. The fact that the FIRS is leading this impressive paradigm shift is an under-appreciated feather in the services’ ever improving cap.

Femi Onakanren is a Business Development and Socioeconomic Policy Specialist. He writes from Lagos.

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FIRS: Tax, The Untaxed and the Taxables

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By Salisu Na’inna Dambatta
 
It is common truth that no country on earth, including Nigeria, is able to tax all the taxables, or even bring all the untaxed into the tax net. Tax registers everywhere rarely contain all the untaxed as required by the tax laws.
 
Even though the Federal Inland Revenue Service (FIRS) which last tax year (2022) celebrated a record N10.1 trillion tax collection for the federation, the country wants it to generate more than that amount of money in 2023.
 
It is a positively achievable ambition by the top tax man, Muhammadu Nami, who turbo-charged the tax gathering machinery to haul that N10.1 trillion despite low oil revenue and targeted tax waivers and holidays granted to encourage higher economic activities in some sectors. In 2022, over ₦1.8 trillion was granted in tax waivers and incentives. If this had been collected by the FIRS in tax revenue, the agency would have raked in almost N12 trillion in 2022.
 
As at the half of 2023, the FIRS had raked in over N5.5 trillion. Two interesting facts make this tax revenue collection remarkable. One, it is the highest tax revenue collection made in the first six months of any fiscal year. And in June of 2023 alone, N1.6 trillion was raked in—the highest tax revenue collection made in a single month in Nigeria’s history.
 
While ₦10.1 trillion is phenomenal by any standards, a doubling of this can be achieved by the FIRS and State Revenue Services if they can successfully tax the untaxed and bring in the taxables. A consultant’s report submitted to the former Minister of Finance, Mrs. Kemi Adeosun identified and listed about a thousand taxable activities that could yield huge revenue for Nigeria that were yet untaxed.
 
For instance, the countless iron mongers in cities, towns and villages all over the country, who forge beautiful doors, windows, security and ornamental railings, are definitely untaxed.  The National Bureau of Statistics reported that in the third and fourth quarters of 2021 iron, steel and metals worth N837 billion were imported to Nigeria.  Road-side informal iron-mongers who turn a significant portion of those products into useful items do not pay tax on their production activities.
 
The furniture industry in Nigeria has been transformed beyond imagination. So also the entertainment sector. Both are probably untaxed, or minimally taxed. The two sub-sectors can be taxed appropriately to boost Federal government revenue.
 
Hewers of wood, lumberers and drawers of water are depleting our forests, turning Savannah to sahelian bushes, rain forests into derived Savannah, just to produce charcoal for energy and timber for construction and furniture, without being taxed. Taxing them heavily enough can discourage the destruction of the country’s flora, and consequently, fauna, and the whole environment.
 
Another way in which huge tax revenue is lost is through dodging withholding tax by landlords who own rental properties such as residential, business premises and even undeveloped plots let out to mechanics and other artisans.
 
Huge number of warehouses let out at profitable rates are mostly untaxed, especially those which are located in the outskirts of major cities: Lagos, Abuja, Kaduna, Port Harcourt, Kano, Ibadan, Warri, Onitsha and even Owerri, among others.
 
The “unrecorded and unmonitored” economy, reportedly constituted a huge 57.7 per cent of the country’s total economy in 2022. It thrives and enriches its operators, but deprives the national treasury of a fraction of its treasures through the payment of taxes or fees and levies.
 
“The size of Nigeria’s informal (shadow) economy is estimated to be 57.7% which represents approximately $1,164 billion (over a trillion USD)  at GDP PPP,” a report based on Quarterly Informal Economy Survey (QIES) by World Economics, London, indicates.
 
The $1,164 billion shadow economy in 2022 alone, is just a shadow below nine times the cost of the Kano-Maradi and Kano-Dutse Gadawur dual track railway lines under construction.  Nigeria borrowed $1.9 billion to finance the project. Collecting just ten per cent of $1,164 billion would have almost covered the price of the project.
 
That lost tax revenue derivable from the shadow economy could have been utilised in massive rural electrification projects to power micro and small businesses that contribute to economic growth in rural areas.
 
It is perhaps in its bid to tax the untaxed that the FIRS recently entered a partnership with the Market Traders Association of Nigeria (MATAN), where the FIRS would educate members of MATAN on tax payments and cooperate with them to charge and remit Value Added Tax (VAT) in the course of their businesses. This masterstroke partnership may hold the key to untapping the volume of taxes hitherto uncollected from country’s trillion-dollar worth informal sector.
 
More of these kinds of partnerships need to be seen between tax authorities and organized unions in the business place if the FIRS and its colleagues in the State Internal Revenue Services must tax the untaxed taxables.
 
 
Salisu Na’inna Dambatta is a retired federal Director of Information.

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Tax Rights And Tax Obligations: Two Sides Of The Same Coin

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It is common knowledge that taxation plays a vital role in the economic development of every country whether developed, developing or under developed, and Nigeria is no exception. Government at all levels depends on the tax it collects to run the affairs of the State and it is the duty of every taxable citizen to contribute their quota to this effect. Without taxes, there can be no country.

According to the Constitution of the Federal Republic of Nigeria 1999: Section 24 (f) of 1999 Constitution (as amended) it states that “it shall be the duty of every citizen to declare his income honestly to appropriate and lawful agencies and pay his tax promptly”. This is a legal requirement and it is fundamental to the successful operations of the country. Mind you, it is not an option or a recommendation but an obligation of every Nigerian citizen.

Some Nigerian Tax laws and Regulations which require compliance to tax payment include: Federal Inland Revenue Service (Establishment) Act (FIRSEA), Cap F36 LFN 2007; Personal Income Tax (PITA ), Cap P8, LFN 2004 as amended; Petroleum Profit Tax Act (PPTA), Cap P13, LFN 2004 as amended; Companies Income Tax (CITA), Cap C21, LFN 2004 as amended; Value Added Tax Act (VATA), Cap V1,LFN 2004 as amended; Tertiary Education Trust Fund (Establishment, Etc) Act (TETFEA) 2011 as amended; Stamp Duties Act (SDA), Cap S8, LFN 2004 as amended; Capital Gains Tax Act (CGTA), Cap C1, LFN 2004 as amended; National Information Technology Development Agency Act and the provisions of the Finance Act 2019, 2020, 2021 and 2023. These laws have provided the legal framework containing various tax obligations of a taxpayer.

Every taxpayer has certain rights such as: right to non-discrimination, transparency and accountability, adequate notice and information, redress, compliance assistance amongst others. But with these rights come responsibilities and obligations that must be fulfilled in compliance with the country’s tax laws. Some taxpayers fall short in fulfilling their tax obligations not necessarily because they want to but for lack or poor understanding of these obligations. This piece aims at shedding light on the key tax obligations of taxpayers in Nigeria.

The obligations of Nigerian taxpayers include, but are not limited to the following: registration for tax: Taxpayers are obligated to register with the appropriate tax authorities, depending on the type of tax they are liable for. This includes obtaining a Taxpayer Identification Number (TIN) from the Federal Inland Revenue Service (FIRS) for companies and the Joint Tax Board (JTB) for individuals.

Another obligation expected of taxpayers is record keeping. Taxpayers are required to maintain accurate and up-to-date records of their financial transactions, including income, expenses, assets, and liabilities. These records are essential for filing tax returns, substantiating deductions, and complying with tax audits. Record keeping is not common practice among small businesses. Yet it is the foundation for fulfilling your tax obligations. If you do not keep your records, how would you know what taxes you are meant to pay?

It is also the obligation of a taxpayers to file tax returns within the prescribed timelines. Individuals are required to file their Personal Income Tax (PIT) returns annually, while companies must file their Corporate Income Tax (CIT) returns within six months after the end of their financial year. Other tax returns, such as VAT returns and WHT returns, may also be required depending on the taxpayer’s activities. All too often, taxpayers think that if they do not make profits, or do not have a turnover above N25 million, then they are not required to file. This is not true. Filing returns is to be made whether or not you made profits or losses. As long as you are a taxpayer, you ought to file returns with the relevant tax authority.

Flowing from this obligation is the obligation to pay taxes—the most commonly spoke about obligation. Taxpayers have an obligation to pay the taxes they owe to the relevant tax authorities. This includes the timely remittance of Personal Income Tax, Companies Income Tax, Value Added Tax, Withholding Tax, and other applicable taxes. They also owe it as an obligation to comply with tax deductions. Employers and businesses that make payments subject to withholding tax (WHT) must deduct the appropriate tax amount at source and remit it to the tax authorities. This includes deducting WHT from salaries, contracts, dividends, interest, and other relevant payments.

Furthermore, taxpayers are required to provide accurate information and documentation as requested by tax authorities. This includes providing supporting documents for deductions, exemptions, and claims made on tax returns as well as cooperating with tax audits and investigations, providing requested information and records, and responding to inquiries in a timely and accurate manner.

To crown it all, taxpayers must comply with all relevant tax laws and regulations which includes staying updated on changes in tax laws and fulfilling their obligations accordingly.

By understanding and diligently leaving up to tax obligations, individuals and businesses actively participate in the development and progress of the country, ensuring a more prosperous, greater and equitable society for all.

Rachel Jantiku, is a researcher and writes from Abuja.

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