LECTURE 1 VALUE ADDED TAX PRELIMINARY INSPECTOR OF TAXES AN OVERVIEW OF VAT OCTOBER, 2021 COURSE FACILITATOR: NAME: OUTLINE 1. Overview/Synopsis of Value Added Tax (VAT) 2. Explain the VAT rationale 3. Advantages and Disadvantages of VAT OBJECTIVE At the end of this session participants should be able to: o Trace the history of VAT in Nigeria; o Define VAT; o Explain the rationale for VAT; and o State the advantages and disadvantages of VAT SYNOPSIS: HISTORY OF VAT IN NIGERIA Value Added Tax (VAT) came into force in Nigeria on the 1st December 1993 by the Value Added Tax Decree 102 of 1993 as a replacement of the sales tax which had been in operation under the Federal Government Legislated Decree No. 7 of 1986 but administered by the states and the Federal Capital territory. Successive amendments have been made which has also been consolidated, most recently by the Value Added Tax Act 2004 (VATA 2004). VAT commenced in Nigeria effectively on 1st January, 1994 It is administered by the Federal Inland Revenue Service (FIRS) SYNOPSIS: KEY POINT IN NIGERIA’S VAT It is a consumption tax; It is a multi-stage levy collected at each point of sales of goods and services from production to consumption; It is collected on behalf of government by business and organization which have registered with FIRS; No individual, business, organization or government agency is exempted from the tax; Some goods and services are specifically exempted; The burden is borne by the final consumer; and It is invoiced based SYNOPSIS: GLOBAL The concept of VAT which is also known as GST (Goods and Services Tax) was first devised by Wilhelm Von Simens, a German economist during the 18th Century after the 1920 world-war as a solution to double taxation. Though, VAT originated by a German, it was Maurice Laure, a Tax Official in France that first implemented it in 1954. It has been adopted in about 150 countries in the world with VAT contributing over 20% of many countries’ annual revenue. United State of America (USA) is the only advanced country that has not adopted VAT. DEFINITIONS OF VAT “Value Added Tax (VAT) is a tax on the supply of goods and services which is eventually borne by the final consumer but collected at each stage of the production and distribution chain” – Statement of Standard Accounting Practices (SSAP) No. 5 UK. “VAT is a multi-stage consumption tax levied on the difference between a firm’s sales and the value of its purchased inputs used in the production of goods” – Oliver Oldman VAT is a tax on sales of “taxable goods and services” payable by “taxable persons”, who are permitted to credit the VAT payable on taxable purchase bought from other taxable persons. It is an indirect/impersonal tax mainly imposed on certain transactions, good and services. CONCEPT OF TAXING VALUE ADDED A tax often takes its name from the base on which it is computed. For example, Personal Income Tax (PIT) is levied against a base of personal income, Company Income Tax against a base of company’s income/profit, Capital Gains Tax against a base of capital gain and retail sales taxes are a proportion of final sales. VAT are no exception being levied in principle, on the added value of newly produced goods and services. Value added for a given period is conceptually equivalent to all income - wages & salaries, rent, interest and profit generated in the production of aggregated output VAT. Nevertheless, differs from a general tax on income in that firms, rather than the individuals who ultimately receive income, are responsible for paying the tax to the government. FEATURES OF NIGERIAN VAT SYSTEM A well-designed Nigerian VAT system has the following features: 1) MULTI-STAGE TAX SYSTEM: - VAT is imposed at every stage of the production and distribution chain from the manufacturer to the consumer. 2) CREDIT MECHANISM: - VAT paid on imports or purchases of raw material (input tax) is deductible from the VAT charged on sales (output tax) and, therefore, the tax payable to the FIRS is the difference between output tax and input tax. This is to eliminate the cascading effect of taxation at every stage of the production and distribution chain. 3) TAX INVOICE SYSTEM: - Our VAT system is invoice-based. Every taxable person has a duty to issue a tax invoice for every single vatable transaction carried out by the business. Applies to the widest range goods and services: and Use credit method to prevent cascading SYNOPSIS: IN NIGERIA VAT is a consumption tax which is to be levied on all goods and services, other than those exempted under the VAT Act. It is collected at each stage of the production and distribution process by authorized persons. VAT is importantly a tax that is charged on a broad range of transactions with a deduction mechanism allowing businesses to offset VAT paid on inputs against VAT paid on outputs. It is levied at each stage at which supplies changes hands. In the case of manufactured items, this would be at the primary producer, manufacturer, wholesaler and retailer stages. It is ultimately borne by the consumer who, not being registered for VAT purpose is unable to reclaim it. VAT PAYMENT @ EACH STAGE Producer Sales 200 VAT @ 7.5% 15 Gross Sales 215 Net VAT at Stage (15-0) = 15* Manufacturer Wholesaler Sales 250 VAT @ 7.5% 18.75 Gross Sales 268.75 Net VAT at Stage = (18.75-15) = 3.75* Net VAT paid Sales 350 VAT @ 7.5% 26.25 Gross Sales 376.25 Net VAT at Stage = (26.25-18.75) = 7.5* Retailer Sales 500 VAT @ 7.5% 37.5 Gross Sales 537.5 Net VAT at Stage = (37.5-26.25) = 11.25* = 15 + 3.75 + 7.5 + 11.25 = 37.5 Borne by the final consumer ESSENTIAL OF VAT DEFINITIONS OUTPUT VAT - This is VAT that is chargeable on sales. ELEMENT OF OUTPUT VAT: This is VAT on sales or supply of goods and services to customers VAT is collected at a standard flat rate of 7.5% VAT must be accounted for properly as the collector is an agent of the Government. INPUT VAT - This is VAT that is chargeable on purchases. When input VAT is incurred by a taxable person, it is available for credit (i.e., included as input VAT on the VAT return for the period in which it arises. It is deducted from output tax and hence recovered from FIRS. ELEMENT OF INPUT VAT: This is VAT on goods purchased or imported directly for resale. Also includes goods that form stock-in-trade used for direct production of any new product. According to Section 17 of the VAT Act, where a taxable person pays Input tax on goods purchased or imported for resale to customers; or where such goods are purchased for direct production of any new product on which tax is charged, such input tax shall be claimable against the Output tax on those goods. Input VAT is not reclaimable on fixed asset. VAT on fixed assets is capitalized as part of the cost of the asset. Input VAT is not reclaimable on overheads, services and general administration expenses etc. However, all input VAT payable in respect of services consumed by the taxable person should be regarded as part of the normal operational expenses chargeable to Statement of Profit or Loss Account. Under no circumstance should input VAT on such items be claimed or deducted from output VAT collected. The claim for input VAT must be made on the VAT returns form for each month and attribution must be appropriately made to ensure that only input VAT that have direct and immediate link to the goods supplied during the month are claimed. NOTE: Failure to make attribution constitutes an offence in line with Section 27 of the VAT Act. CONDITIONS PRECEDENT FOR INPUT TAX ALLOWABILITY There are a number of conditions which have to be met before input tax is available for credit A supply of goods and services is being made; The supply must be made to the taxable person and the trader is a taxable person at the time the supply was made; The supply of goods or services must have been made for a business purpose; The claimant must hold the required evidence (tax invoice) of their purchase; Input tax on the supply must have been correctly charged (e.g., wrong charge of VAT); and The goods or services being supplied must have a direct and immediate link with a taxable transaction (i.e., an input has to be a cost component of that supply at the time it is made). TAX INVOICE A taxable person who makes a VATable supply (i.e., a supply that is liable to VAT) is required to furnish the purchaser with a tax invoice which in accordance with Section 13A (1) of VATA should contain the following: Taxpayer Identification Number (TIN) Name and address The date of supply Name of purchaser or client Gross amount of transaction Tax charged and rate applied Note: A tax invoice must be issued at the time of supply of taxable goods or services whether or not payment is made at the time of supply. This implies that the tax is due at the time when delivery of the taxable goods or services takes place and not at the time of payment. ESSENTIAL OF VAT DEFINITIONS (CONT’D) SUPPLIES: - Any transaction, whether it is the sale of goods or the performance of services for a consideration, that is, for money or money’s worth. SUPPLY OF GOODS: - Any transaction where the whole property in the goods is transferred or where the agreement expressly contemplates that this will happen and in particular include the sale and delivery of taxable goods used outside the business, the letting out of taxable goods on hire or leasing and any disposal of taxable goods. SUPPLY OF SERVICES: - Any services provided for a consideration. PAYMENT/REFUND OF VAT If VAT collected > VAT paid, remit excess to Government If VAT Collected < VAT paid, request refund from Government ESSENTIAL OF VAT DEFINITION (CONT’D) REVERSE CHARGE: It refers to the collection of the VAT by the buyer or recipient of the goods or services on both input and output side of its business. The buyer is required to withhold the VAT in the seller’s invoice and remit same to the FIRS. This is premised on the fact that foreign service provider cannot be relied upon to collect the VAT for the domestic government; the responsibility for collecting the tax is shifted, through the reverse charge from the foreign supplier to the domestic service importer. NOTE: Section 10 of the VAT act makes it mandatory for a non-resident company (NRC) that carries on business in Nigeria to register for VAT with the service and to include the VAT in its invoice, while the person to whom the services are supplied in Nigeria shall withhold and remit the tax directly to the service in the currency of payment. S10(5) A non-resident person that makes a taxable supply to Nigeria may appoint a representative for the purpose of compliance with its tax obligations. This is commonly used by countries to apply the VAT on imported services. TAX BASE: The tax base for goods and services is the consideration received or to be received by the supplier of the supply from the recipient of the supply or from a third person. For example, the tax base for self-supplied goods and services is their cost price or value. APPROACH TOWARDS VAT ALLOCATION In connection with International Trade otherwise called “Cross-border transactions”, VAT can be imposed on goods either in the country in which they are produced or in the country in which they are consumed. 1) DESTINATION PRINCIPLE: Implies that VAT is levied on goods and services in the country of consumption rather than in the country of production to prevent or eliminate double taxation or double non-taxation. This principle assigns the rights to tax consumption of traded goods and services to the jurisdiction in which the goods and services are destined to be consumed (The policy Advice Division of the New Zealand Inland Revenue). At the international context, VAT neutrality is achieved through the application of “destination principle” according to which export are exempted and imports are taxed on the same basis and under the same rates as local supplies. Example of countries that practice this approach through bilateral trade agreements are Nigeria, Belarus, Russia etc. 2) ORIGIN PRINCIPLE: Implies that VAT is imposed on goods in the country in which they are produced rather than consumed. This principle imposes tax according to the origin of supplies and at the VAT rate of the originating jurisdiction. This means exports are taxed according to the rate of the jurisdiction of origin, but imports are zero-rated. For example, if the origin principle is adopted in Belarus, VAT will be levied by the Government of that country at the county’s rate of VAT on goods produced there and exported to other countries TAXABLE PERSON: A taxable person under VAT is a person (other than a public Authority) who independently carries out in any place an economic activity as producer, wholesaler, trader, supplier of services for the purpose of obtaining income by way of trade or business. PROFESSIONALS AS TAXABLE PERSONS There are the tax advisers and non-tax advisers as below: 1) TAX ADVISERS AS TAXABLE PERSONS: Professionals in Tax that Play Advisory roles to taxpayers Accountant/Auditors Lawyers 2) NON-TAX ADVISERS AS TAXABLE PERSONS: Engineers; Surveyors/Architects/Estate Valuers; Artist/Actors; Printers; and Painters etc RATIONALE FOR VAT To broaden the base of government revenue premised on: Sales tax in Nigeria which operated under Decree No. 7 of 1986 was narrow. Only locally manufactured goods were targeted under the sales tax regime. To boost revenue collectible by government with minimum resistance from taxpayers. Information obtain from VAT returns is relevant and useful to enforce income tax. NOTE: A VAT is often considered to be essentially a retail sales tax (RST). However, a VAT differs from RST in that it is collected at each stage of the production and distribution process, not solely at the stage where the product is sold to the consumers. ADVANTAGES OF VAT A well-structured and designed VAT offers the following advantages It has broader coverage It is convenient to the taxpayer. Unlike the income tax where the taxpayer may have to pay a lump sum of money at a time, VAT is paid in small trickles depending on the value of items purchased. The degree of voluntary compliance is high because it is hidden in the price of goods and services. Many people prefer to be taxed in the dark (Dewett, 2002). It’s productive, stable and flexible source of government revenue (i.e., secures revenue) It is simple to administer compared to other indirect taxes (i.e., minimizes administration and compliance cost). The tax authority has many unpaid agents collecting VAT on its behalf. It is operated on the principle of “Pay as You Acquire” (PAYA). It minimizes tax evasion based on the catch-up effect It promotes the principle of neutrality: this mean that it has no effect on free functioning of trade Its revenue generating capacity is not affected by inflation and the effect of rate of changes on revenue is immediately visible DISADVANTAGES OF VAT Exemption/Zero-rating: Greatly erodes revenue base and complicate administration; and It breaks VAT chargeability and invite carousal frauds (provides tax planning and fraud opportunities) It is regressive when the share of consumption in income falls as income rises It increases compliance costs for small businesses as it introduces burden of maintaining paper work and records It favours capital intensive firms. It is inflationary to the extent of increase in VAT that is passed to consumer. LECTURE 2 VALUE ADDED TAX PRELIMINARY INSPECTOR OF TAXES TYPES OF VAT & METHODS OF CALCULATING VAT OCTOBER, 2021 COURSE FACILITATOR: NAME: OUTLINE 1. Types of Value Added Tax 2. Methods of Calculating Value Added Tax OBJECTIVE At the end of this session participants should be able to: Know the various types of VAT; Know the different methods of calculating VAT; and Know how to Calculate VAT using the different methods TYPES OF VAT There are three (3) types of VAT arising through different treatments of input VAT on capital or investment goods. These are: The Consumption VAT The Income VAT; and The Gross Product VAT TYPES OF VAT EXPLAINED THE CONSUMPTION VAT: This regime of VAT allows for the deduction of input tax(vat) on capital goods purchase against the firm’s VAT liability (i.e., output tax). The input tax on capital goods is refundable in full and immediately without restrictions. For example, if the VAT on plant purchased is ₦10,000.00, the amount can be deducted from the output tax at once. Example of countries that practiced this type of VAT are Kenya, South Africa, etc. THE INCOME VAT: Under this regime, input tax paid on the purchased of capital goods is spread over the life span of the products or Assets. The input tax credit with capital purchases against the liability in a particular tax period will take into account the depreciation portion only. For example, if the VAT on plant purchased is ₦10,000.00, and the plant is expected to last for five years, therefore, the VAT of ₦10,000.00 will not be deducted from the output tax at once as in the case of consumption-type VAT. The amount will be spread over the expected lifespan of the asset. In effect, ₦2,000.00 will be deducted from the output tax annually. This type of VAT is practiced in Argentina and Peru. The tax falls both on consumption and net investment. The tax base of this type is the net national income (NNI). THE GROSS PRODUCT VAT: This type of VAT, does not allow the deduction of input tax on capital goods purchased against the firm’s VAT liability (output tax). This simply means that, input tax on capital goods purchased is not refundable or deductible from the tax base or output tax in the year of purchase. Therefore, input tax on fixed assets is to be capitalized along with the cost of the asset for the purpose of capital allowances. For example, if the purchase price of a plant before VAT is ₦200,000.00, and VAT on the plant is ₦15,000.00, the VAT of ₦15,000.00, will not be deducted from the output tax at all in this case. The cost of the asset will be shown as ₦215,000.00 in the books for the purpose of capital allowances. This is the type practiced in Nigeria. This arrangement saves the FIRS, the problem of having to make cash refunds. Note: for Gross product VAT Type: the purchaser is treated as the final consumer of the capital goods and the VAT paid is capitalized as part of the cost of the capital good(s). METHODS OF COMPUTING A VAT There are three methods of computing Value Added Tax (VAT) The addition method; The subtraction method; and The credit or invoice method. METHODS OF COMPUTING VAT EXPLAINED THE ADDITION METHOD: This method of computing or calculating VAT is to sum the firm’s payments (i.e., untaxed inputs) of wage bills, salaries, interest, rent, depreciation and profits and apply the VAT rate to the total. This base multiplied by the tax rate indicates the amount owed the government in value added taxes. Addition of all expenses +net profit then apply vat rate (gross profit-expenses=net profit) THE SUBTRACTION METHOD: This method computes VAT by applying the tax rate on sales less purchases of material inputs from other businesses;deduct purchases from sale to get figure for vat chargeable THE CREDIT METHOD: This method computes the tax by applying the tax rate to sales and then subtracting taxes paid on purchases of components. It is known as the Japanese method and/or the indirect subtraction techniques (i.e., Invoice- Credit Technique);deduct imput from output vat METHODS P ₦ M ₦ W ₦ R ₦ Total ₦ 1 a b c d e INVOICE/CREDIT METHOD Sales VAT on sales [7.5% of (a)] Purchases VAT on purchases [7.5% of (c)] Net VAT [(b) - (d)] 2000 150 0 0 150 4,000 300 1,500 112.5 187.5 9,000 675 4,000 300 375 15,000 1,125 9,000 675 450 30,000 2,250 14,500 1,087.5 1,162.5 2 a b c d SUBTRACTION METHOD Sales Purchases Value Added [(a) - (b)] VAT [7.5% of (c)] 2,000 0 2,000 150 4,000 1,500 2,500 187.5 9,000 4,000 5,000 375 15,000 9,000 6,000 450 30,000 14,500 15.500 1,162.5 3 a b c d e f ADDITION METHOD Wages Rent Interest Profit Value Added [(a)+ (b)+ (c)+ (d)] VAT [7.5% of (e)] 850 500 450 200 2,000 150 1,000 600 500 400 2,500 187.5 2,250 1,125 1,075 550 5,000 375 3,000 1,200 1,100 700 6,000 450 7,100 3,425 3,125 1,850 15.500 1,162.5 Note that the Producer, Manufacturer, Wholesaler and Retailer are merely acting as agents of the tax authority for the collection of VAT. The tax burden falls on the final consumer. Although VAT is a multiple stage tax, it has a single effect and does not add more than the specified rate to the consumer price no matter the number of stages at which the tax is paid. LECTURE 3 VALUE ADDED TAX PRELIMINARY INSPECTOR OF TAXES THE ADMINISTRATION OF VAT IN NIGERIA OCTOBER, 2021 COURSE FACILITATOR: NAME: OUTLINE 1. The Administration of Value Added Tax OBJECTIVE At the end of this session participants should be able to: State the regulatory agency for the administration of VAT; and State the rate of VAT ADMINISTRATION Of VAT The tax shall be administered and managed (assess, collect and account) by the Federal Inland Revenue Service, through the Tax Offices throughout the Federation. Although VAT is administered centrally by the Federal Government using the existing tax machinery of the FIRS in close co-operation with the Nigeria customs Service (NCS). DISTRIBUTION OF VAT VAT collected is usually shared to the three tiers of Government in Nigeria. T`he VAT sharing formula has changed many times since the inception of VAT in Nigeria. Notwithstanding any formular that may be prescribed by any other law, the revenue accruing by virtue of the operation of this Act shall be distributed as follows: 1) Federal Government 2) State Government 3) Local Government - 15% 50% 35% Note that the net proceeds from the tax accrue largely to the State and Local Government after making a relatively small percentage to the Federal Government to cover the cost of administration. WHO IS REQUIRED TO REGISTER? The following categories of persons (whether resident or non-resident) are required to registered for VAT; Domestic manufacturers Wholesalers Distributors and Importers and suppliers of goods and services NOTE: There is now a registration threshold of ₦25,000,000.00 and above for VAT in Nigeria. (Finance Act, 2019) REGISTRATION OF TAXABLE PERSONS A taxable person shall upon commencement of business, required to register with the service for the purpose of the tax. (Fin Act, 2019). Where the taxable activity of an entity is carried on in branches, divisions or depots and supplies are made from such outlets, each of the outlets must separately register for VAT. If, for example, Batsari Rice Mill has a factory in Katsina and depots in Makurdi, Kano, Enugu, Ibadan and Bauchi, there will be separate registration for the factory as well as each of the depots. Each of them has to issue tax invoices, maintain separate VAT records and render separate VAT returns. After the taxable person has completed the VAT registration form (Form VAT 001) and fulfilled all the registration formalities, the service will issue the person with a VAT registration certificate which bears the VAT registration number.(previously, branch registration was the practice, but currently centralized payment of VAT is what is obtainable). Ekpang Thomas Odok, opined that, the Taxpromax a newly introduced tax solution software in FIRS, at a point opted for a decentralized VAT payment system; where branches of companies register, collect and remit VAT as separate entities, but this idea was put on hold. If implemented, this will quickly address the complexities associated with VAT attribution and further establish accurate statistics for the distribution of VAT among the 3 tiers of government. In the coming days, the question of who has the juridical right to administer VAT between the federating states and the Central government in Nigeria will be history (on the determination of the suit between the Rivers State government and the federal government on who has the constitutional right to administer VAT in Nigeria). I strongly believe that appropriate legislation will be put in place to address the administration of VAT in Nigeria, and the incorporation of a decentralized VAT payment system will not be an exception in view of its enormous gains in improved revenue generation against the evasive tendencies in the centralized VAT payment system. NON-RESIDENT COMPANY (NRC) A non-resident company can be defined as a company or an entity that is not registered or incorporated in Nigeria but derives income or profits from Nigeria, whereas, other branches of the company in other countries are not liable to payment of tax in Nigeria. REGISTRATION AND PAYMENT OF VAT BY NON-RESIDENT COMPANIES A non-resident person who makes taxable supplies to a person in Nigeria, is required to register for tax with the service, using the address of the person with whom it has a subsisting contract, as its address for the purpose of correspondence relating to the tax and for compliance with registration in VAT Law. Section 10 of the VAT Act provides that: A non-resident person shall include VAT on its invoice for the supply of goods or services made and remit same to FIRS in the currency of transaction. A non-resident person may appoint a representative in Nigeria for the purpose of its tax obligations in Nigeria; Where a person has been appointed by the Service, the agent shall withhold and remit the VAT due on the transaction. Where the non-resident did not collect the tax, the resident person to whom the supply was made is required to withhold and remit the VAT due to the Service in the currency of the transaction. NOTE: A non-resident company which has a fixed base or a permanent establishment in Nigeria is required to comply with the provisions of the VAT Act. REGISTRATION BY GOVERNMENT AGENCIES Government ministries, department and agencies (MDAs) are also required to register as agents of FIRS for VAT collection. Every contractor transacting business with a Government ministry, statutory body and other agencies of the Federal, State or Local Government shall produce evidence of registration with the service as a condition for obtaining contract. The services provider/contractor is to add VAT payable to the invoice and the MDA (the consumer in this case) is to deduct and remit same to FIRS at the time of payment or credit, whichever is earlier. The management of this space is done through the Government Integrated Financial Management Information System (GIFMIS) for all government MDAs that have subscribed to the platform. It promotes and enforces compliance. REGULATORY AGENCY FOR THE ADMINISTRATION OF VAT The tax is collected on behalf of the Government by businesses and organizations which have registered with the FIRS’s Tax Office for VAT purposes. Businesses and organizations who have registered and obtained TINs with the tax authority, are classified as “registered persons”. NOTE: No individual, business, organization or government agency is exempted from the tax. RIGHT & OBLIGATION OF REGISTERED PERSON The registered persons have the right: for regular visit by the tax inspectors for inspection and advice; To file an objection to the FIRS if aggrieved by an assessment; and To make an appeal to the Tax Appeal Tribunal. The registered persons have the following obligations as well: Returns Payment Tax invoice: They are required to supply a tax invoice to the receipt of a taxable supply Debit and Credit Notes: They are to issue a debit or Credit note, as the case may be, where there is a change in the tax previously charged. Records: They are required to keep sufficient record to allow the Service to assess the persons’ VAT liability. Change of Status: They are required to notify the Service if there is a change in status (e.g., Change of name, address or line of business) LECTURE 4 VALUE ADDED TAX PRELIMINARY INSPECTOR OF TAXES GOODS & SERVICES SUBJECT TO VAT OCTOBER, 2021 COURSE FACILITATOR: NAME: OUTLINE 1. Goods & Services subject to Value Added Tax OBJECTIVES At the end of the session participant should be able to: o List the goods subject to VAT o List the services subject to VAT GOODS & SERVICES SUBJECT TO VAT Taxable goods and services are those goods and services which are not included in the VAT exemption list in the First Schedule to the Act and are, therefore, subject to VAT. TAXABLE GOODS All goods manufactured, assembled or installed in Nigeria other than those goods listed in the First Schedule of VATA e.g., automobile, textile, household furniture, equipment, beer, spirit, soft drink, mineral water, jewelleries, petroleum and petroleum products, cigarettes & tobacco etc. All goods imported into Nigeria e.g., Vehicles and their spare parts, perfumes, cosmetics, soaps and detergents, electrical materials etc. TAXABLE SERVICES All services rendered by financial institutions excluding Micro-finance Banks, People’s Banks and Mortgage Institutions. Catering and hotel services Professional services such as, insurance, architectural, legal, account and audit, engineering, homeland securities, business consultancy etc. Telecommunication services e.g., MTN, 9Mobile, AIRTEL, GLOBACOM etc. Entertainments Services LECTURE 5 VALUE ADDED TAX PRELIMINARY INSPECTOR OF TAXES VAT EXEMPTION & ZERO-RATED OCTOBER, 2021 COURSE FACILITATOR: NAME: OUTLINE 1. VAT exemption; and 2. Zero-Rated OBJECTIVE At the end of this session, participants should be able to State the rationale for exemption List the goods exempted from VAT as listed under part I of the First Schedule of VATA; List the services exempted from VAT as listed under part II of the First Schedule of VATA and Zero rated goods and services VAT EXEMPTIONS Goods and Services Exempt: - These items are specifically listed in the Act and are primarily essentials. Sellers are NOT to charge VAT on their sales. Also, they cannot reclaim VAT paid on purchase of inputs used in the production of the exempt goods or services. This simply means that the input VAT suffered is not recoverable. In addition, exemptions are normally applied to categories of goods and services which are socially desirable and not necessary run to make profit, such as healthcare, education etc. NOTE: Many VAT systems can be described as having a basic rate, special rates for some goods and services, and exemption status for certain economic activities or specific goods and services. The features influence the nation’s aggregate effective tax base. RATIONALE FOR VAT EXEMPTIONS Various categories of economic activity have been exempted in Nigeria for the highlighted reasons: To simplify administrative procedures To achieved special effects on price and the distribution of real income in the economy The consideration that certain goods or services are necessities GOODS EXEMPTED FROM VAT 1. All medical and pharmaceutical products; 2. Basic foods items; 3. Books and educational materials; 4. Baby products; 5. Fertilizer, locally produced agricultural and veterinary medicine, farming machinery and farming transportation equipment; 6. All exports; 7. Plant, machinery and goods imported for use in the Export Processing Zone (EPZ) or Free Trade Zone (FTZ) provided that 100 percent production of such company is for export otherwise tax shall accrue proportionately on the sales of the company; 8. Plant, machinery and equipment purchased for utilization of gas in downstream petroleum operations; 9. Tractors, ploughs agricultural equipment and implements purchased for agricultural purposes; 10. Locally manufactured sanitary towels, pads or tampons; (Fin Act, 2019) 11. Commercial aircraft, Commercial aircraft engines, Commercial aircraft spare parts (Fin Act, 2020). SERVICES EXEMPTED FROM VAT 1. Medical Services; 2. Services rendered by Micro-finance Banks, People’s Banks and Mortgage Institutions; (Fin Act, 2019) 3. Plays and performance conducted by educational institutions as part of learning; 4. All exported services; 5. Tuition relating to nursery, primary, secondary and tertiary education; (Fin Act, 2019) 6. Airline transportation tickets issued and sold by commercial airlines registered in Nigeria; (Fin Act, 2020). Note that the commission earned by Airline booking agents represents fee for service performed by the agent and thus chargeable to VAT. 7. Hire, rental or lease of tractors, ploughs and other agricultural equipment for agricultural purpose. (Fin Act, 2020) ZERO-RATED GOODS AND SERVICES If a firm’s sales are subject to a ‘zero’ or ‘nil’ rate, then not only are sales free from tax liability but the firm also entitled to a refund of taxes listed on the invoice of purchases inputs. Exports are typically subject to a zero rate in VAT laws. Thus, the zero rate means that exporters do not pay tax on their sales abroad and received refunds for taxes paid on purchases incurred in the production of the exported items. This means that the input VAT suffered is recoverable. LIST OF ZERO-RATED GOODS AND SERVICES Non-oil exports; Goods and services purchased by Diplomats; Goods purchased for use in humanitarian donor funded projects NOTE: For an export, a trader must ensure he has sufficient evidence to prove that the goods were exported. RATE OF VAT VAT is chargeable in Nigeria at a standard rate of 7.5% on the value of taxable goods and services. There are, however, a few goods and services which are taxed at zero rate (0%). VAT RATE MODELS 1. SINGLE VAT RATE: This relates to a situation where single rate of VAT is applied on all VATable goods and services. It is argued that a single VAT rate will increase prices of essential goods and services, thereby pushing up cost of living. There is a uniform treatment of competing product and firms. Other countries that practice single VAT rate model are, Armenia 20%, Botswana 14% reduced to 12% Peru 18%, Saudi Arabia 15%etc. 2. DOUBLE VAT RATE: This explains a situation where there are two (2) VAT rates for two categories of goods and services. Uruguay22%,10%, Nigeria 7.5%, 0% South Africa 15%,0% Bahamas 10%,0%, Egypt 14%,5%, Mauritius 15%,0% etc. 3. MULTIPLE VAT RATE: This relates to a situation where there are more than two or multiple VAT rates for various categories of goods and services. The use of multiple VAT rates create complexity, and increase administrative and compliance costs. Venezuela 15%,16%,8%, Brazil 17% to 20% depending on state, Argentina 27%,21%,10.5%, Andorra 4.5%,1%,2.5%,9.5%etc LECTURE 6 VALUE ADDED TAX PRELIMINARY INSPECTOR OF TAXES RENDITION OF VAT RETURN & VAT PAYMENT PROCEDURES OCTOBER, 2021 COURSE FACILITATOR: NAME: OUTLINE 1. Rendition of VAT Returns 2. VAT Payment Procedures OBJECTIVE At the end of this session, participant should be able to: Know the due date for the rendition of returns; Know the filing procedure through the TaxPro Max; Know how to generate Document Identification Number (DIN) (also called, Payment Reference Number “PRN”) for payment; and Know the relevant tax returns form to use (where applicable). HOW TO FILE & MAKE VAT PAYMENT Filing returns and paying VAT due of the preceding month by a taxable person is on or before the 21st day following the month of transaction. The amount of VAT payable shall be the excess of outputs tax over inputs tax for the period as may be determined while filing the returns. In addition, the remission of tax deducted at source by Ministries, Departments and Agencies (MDAs) and other appointed agents (e.g., companies in the oils and gas sector and others recently added in this list on the 7th Nov. 2022 public notice are: MTN, AIRTEL as well as deposit money banks; effective 1st January, 2023) shall at the time of making payment to a contractor, remit the tax charged on the contract to the relevant tax office. The remission shall be accompanied with a schedule showing the name and addresses of the contractor, invoice number, gross amount on invoice, amount of tax and the month of return. Finally, an importer of taxable goods shall, before clearing those goods, pay the tax on those goods. NOTE: Taxpayers are required to pay net tax due for each period by the due date together with the VAT return. DETERMINATION OF THE VALUE OF IMPORTED GOODS Where the taxable goods are imported, the value is the amount equal to the price of the goods so imported and shall include: All taxes, duties and other charges levied either outside or by reason of importation into Nigeria, other than the tax imposed by the VAT Act; and All costs by way of commission, parking transport and insurance up to the port or place of importation. HYPOTHETICAL ILLUSTRATION Month Tax Period Month Due Date of Filing Returns (Including Remittance) January June December 1/01/2021-31/01/2021 1/06/2021-30/06/2021 1/12/2021-31/12/2021 February July January 1/02/2021-21/02/2021 1/07/2021-21/07/2021 1/01/2022-21/01/2022 HOW TO MAKE VAT PAYMENT VAT remittances for each month are supposed to be made through any of the mediums below: INTERSWITCH VHVV PAYMENT REMITA Bank Branch MODE OF PAYMENT Internet banking Card Payments E-TRANSACT LECTURE 7 VALUE ADDED TAX PRELIMINARY INSPECTOR OF TAXES VAT ACCOUNTING IN NIGERIA OCTOBER, 2021 COURSE FACILITATOR: NAME: OUTLINE VAT Accounting in Nigeria OBJECTIVE At the end of this session participants should be able to; Explain the concept of VAT accounting Mention additional records to be kept by the taxpayer CONCEPT OF VAT ACCOUNTING The VAT account is the summary of the output and input tax in a normal ledger account form. That is, VAT on purchases, VAT on services, bad debt relief etc. are debit to the account while VAT charged on sales for the month or VAT charged on services etc. are credit. Where there is credit balance, a draft is prepared and paid to the appropriate tax office through the designated bank. Conversely, a debit balance calls for refund and would be made by the FIRS after necessary verification by audit officials. CREDIT NOTES AND BAD DEBT RELIEF Credit notes which reduce output tax are only valid for VAT purpose when issued to the customer to correct a genuine mistake or to reflect an agreed reduction in the value of the original supply. They should not be issued to adjust bad debts. Business gift and deemed supplies: if a business asset on which inputs tax has been claimed are given away, or otherwise put to private or non-business use free of charge, there is generally a “deemed supply” and output tax is due at the appropriate rate on the cost of the goods. PRACTICAL ISSUES IN ACCOUNTING FOR VAT Value Added Tax (VAT)- The Charging Section 3 or a Services? 1 Is it supply? 5 Where did the supply take place? 6 When is the tax payable? 4 Is the good or service taxable? 2 Is it a good? PRACTICAL ISSUES IN ACCOUNTING FOR VAT 1. “VAT is payable on the supply of Taxable goods and services” Meaning of supply Clarity on tax implication of self-supply, gratuitous transfer and other deemed supplies o Is VAT chargeable when a company supplies its staff goods produced by it? o Is VAT chargeable on gift given by company to its staff? VAT should not apply as no consideration can be imputed to the transaction. However, input VAT on such goods and services should be reversed as the staff is now the final consumer 2. Does every transaction involve either a good or a service? o Is the sale of interest in an oil block a good or a service? o Is the sale of shares a good or a service? o Are insurance premiums goods or services? o The FIRS in its Information Circulars has excluded the last two items from VAT. However, there is still no clarification on whether “interest” is good or a service. 3. ‘How should VAT be accounted for in barter transactions? Both parties should charge VAT based on the market value of the exchange commodity. 4. “When is a VATable sale deemed to have taken place in Nigeria”? This is when a sale occurs anywhere in the geographical area covered by the land mass and territorial waters and all the economic zone excluding the free Trade Zone 5. Should VAT be filed on accrual or cash basis? Section 13A (1) of the VAT Act “A taxable person who makes a taxable supply shall, in respect of that supply, furnish the purchaser with a tax invoice containing, interalia, the following: - TIN, Name & Address, VAT Reg. Number, Date of Supply, Name of Purchaser, Gross Transaction Amount and Tax charged and Rate applied.” Section 14 (1) of the VAT act “A taxable person shall on supplying taxable goods or services………… collect the tax on those goods or services…………. Section 15 (1) of the VAT Act “A taxable person who, in the course of a business, has made taxable supplies………… the value of which, either singularly or cumulatively in any calendar year, is ₦25,000,000.00 or more shall, render to the service, on or before the 21st day of every month in which this threshold is achieved……………….” FA2019 has reduced VAT to cash basis. Emphasis is on accounting for money collected and threshold mn nrather than invoices accumulated. The cash basis eliminates instances of adjustment for bad and doubtful debts in the determination of VAT payable. 6. How should VAT be accounted for in deposit and advance payment transaction? The supplier should charge VAT on the invoice for deposits and advance payments. RECORDS TO BE KEPT BY THE TAXPAYER Every taxable person must keep such records and information as FIRS requires. Specifically, these include, business and accounting records, the VAT account, copies of all VAT invoices and credit notes issued and received, and documentation relating to imports, exports, and acquisitions of goods. In summary additional books the taxpayer is expected to keep include: Cash book; Sales and Purchases Day book; Ledger accounts; and Statement of Financial Position LECTURE 8 VALUE ADDED TAX PRELIMINARY INSPECTOR OF TAXES VAT OFFENCES & PENALTIES OCTOBER, 2021 COURSE FACILITATOR: NAME: OUTLINE VAT offences and Penalty OBJECTIVE At the end of this session, participants should be able to: State the offences under VAT; and State the penalties relating to the offences VAT OFFENCES & PENALTIES Failure to collect tax: - Is liable to pay as penalty 150% of the amount not collected plus 5% interest above the CBN rediscount rate. Failure to submit returns: - Is liable to a fine of ₦50,000 for the first month of default and ₦25,000 for every month in which the default continues. (Fin. Act, 2019) Failure to notify change of address or cessation of trade or business: Failure to notify the service of any change of address within 30 days, or who fails to comply with the requirement for notification of permanent cessation of trade or business under S8 of this Act (90 days notice), is liable to pay ₦50,000 for the first month in which the failure occurs; and ₦25,000 for each subsequent month in which the failure continues. (Fin. Act, 2019) Failure to issue tax invoice: - Is liable on conviction to a fine of 50% of the cost of the goods or services for which the invoice was not issued. Failure to make attribution: - Is liable to pay a penalty of ₦5,000. Failure to keep proper records and accounts: - Is liable to pay a penalty of ₦2,000 for every month in which the failure continues. Failure to remit VAT: - Failure to remit VAT within the stipulate time limit is a sum equal to 10% of the tax not remitted plus interest at the prevailing CBN minimum re-discount rate, shall be added to the tax not remitted and the provision of this Act relating to the collection and recovery of unremitted tax, penalty and interest shall apply.(FA2019) Evasion of Tax: Is liable on conviction to a fine of ₦30,000 or two times the amount of tax being evaded, whichever is greater, or to imprisonment for a term not exceeding three (3) years. Furnishing of false document, etc.: - Is liable on conviction to a fine of twice the amount under-declared. Resisting, hindering or obstructing or attempts to resist, hinder or obstruct an authorized officer: - Is liable on conviction to a fine of ₦10,000 or imprisonment for a term of six (6) months or both. Aiding and abetting commission of offence, etc.: - An officer of the Service or any other person who aids or abets the commission of any of the offences under this Act, is guilty of an offence and is liable on conviction to a fine of ₦50,000 or to imprisonment for a term of five years. Offence by body corporate, etc.: - Where an offence under this Act is committed by a body corporate or firm or other association of individuals. a) Every director, manager, secretary or other similar officer of the body corporate; or b) Every partner or officer of the firm; or c) Every person concerned in the management of the affairs of the association; or d) Every person who was purporting to act in any capacity as aforesaid, is severally guilty of that offence and liable to be proceeded against and punished for the offence in like manner as if he had himself committed the offence, unless he proves that the act or omission constituting the offence took place without his knowledge, consent or connivance. THANK YOU & GOOD LUCK