Tag: tax returns

  • Individuals must file tax returns by March 31, employers, January 31 – Oyedele

    Individuals must file tax returns by March 31, employers, January 31 – Oyedele

    • Says partnership taxes to go to states concerned

    The new tax regime introduced by the Federal Government requires every individual who earns taxable income to file a self-assessment return declaring all sources of income by March 31 every year.

     Corporate organisations, on the other hand, are to submit their annual returns by January 31 each year, covering their employees’ pay and tax deductions.

    The Chairman of the Presidential Fiscal Policy and Tax Reforms Committee, Mr Taiwo Oyedele, made these clarifications while drawing attention to key filing deadlines that employers and individuals must take seriously under the new tax system.

    Oyedele made the clarifications in an online engagement session held for human resource managers, payroll officers, chief financial officers, and tax managers.

    The session was organised yesterday in collaboration with the Joint Revenue Board to explain how the new Tax Reform Acts should be implemented in workplaces and businesses across the country.

    He added that there is now a new requirement for people and businesses that enjoy special tax incentives to file a separate return showing the incentives they benefit from.

    The Joint Revenue Board, which brings together federal and state tax authorities, is expected to oversee the coordination of these rules to ensure that taxpayers experience a smooth and clear process.

    Oyedele explained that individuals who earn income through partnerships must pay their personal income tax to the state where each partner lives; not to a central national tax office.

    This approach, according to him, is meant to reflect fairness and ensure that states receive the tax revenue linked to residents living and working within their areas.

    Speaking on his WhatsApp platform yesterday, Oyedele said personal income tax remains the responsibility of state tax authorities.

    “Personal Income Tax remains payable to the relevant State Internal Revenue Services, not the NRS,” he said.

    Read Also:Tinubu directs FG to ease tax burden on small businesses — Oyedele

    “All revenue agencies will work together under the Joint Revenue Board to ensure a harmonised and seamless experience for taxpayers.”

    Oyedele also spoke about how the new tax laws are designed to protect low-income earners. He said workers who earn the national minimum wage or less are automatically exempted from paying personal income tax.

    “The new laws protect low-income earners with automatic exemption for anyone earning the national minimum wage or less,” he said.

    He added that even workers who earn slightly more may still not have to pay tax once legal deductions and reliefs are applied.

    “Where deductible contributions and rent relief are taken into account, employees earning up to ₦100,000 per month may also see their tax liability drop to zero,” he explained.

    On the issue of remote work and foreign companies, Oyedele said Nigeria’s tax system has been adjusted to attract global talent and investment.

    He noted that foreign employers will no longer be taxed in Nigeria just because they have staff working remotely from within the country.

    “Nigeria is now more competitive for global talent,” he said.

    “Foreign employers are no longer deemed taxable in Nigeria solely because they have employees working remotely in the country.”

    To help payroll managers and employers correctly apply the new tax rules, Oyedele outlined a clear process for calculating workers’ taxes so that employees can benefit fully from the reliefs provided by law.

    “Start with gross income, add benefits-in-kind if applicable, then grant reliefs for pension, NHIS, NHF and similar deductions,” he said.

    “After that, apply rent relief, which is 20 per cent of actual rent paid capped at ₦500,000. The first ₦800,000 is exempted and taxed at zero percent, and progressive rates are applied to the remaining amount.”

    He explained that although the top tax rate under the new law is 25 per cent, most workers will not actually pay that level of tax.

    “While the top marginal rate is 25 per cent, the effective rate is much lower due to these deductions,” he said.

    Oyedele said the overall goal of the reforms is to create a fairer, simpler, and more worker-friendly tax system while also ensuring that government at all levels receives the revenue it needs to provide public services.

    As businesses and workers begin to adjust to the new rules, understanding and timely filing will be key to avoiding penalties and making full use of the reliefs built into the law.

  • Pensioners face tax returns, fines under saving revolution

    Tens of thousands of pensioners could be forced to fill in tax returns for the first time or face fines under the government’s “savings revolution”, leading accountants and savings experts have warned.

    They said from April next year people may be required to declare when the interest they earn from their savings exceeds £1,000 for a basic rate taxpayer or £500 for a higher rate taxpayer.

    Pensioners with even modest savings could unwittingly be cut out and face fines and even prosecution by HMRC if they fail to act and declare the income, they suggested.

    Patricia Mock, a tax director at Deloitte, said: “This could particularly hit pensioners, people who are basic rate taxpayers who in the past far haven’t needed to file a tax return. There is going to be a massive communications exercise, it will be very difficult.”

    HMRC denied the claims and said that there is “no question whatsoever of savers having to complete tax returns”. It said it is looking at a “range of options” to make it easier for savers to report income but that this “definitely won’t include filling in tax returns”.

    In his Budget earlier this year, George Osborne announced plans to ensure that 95 per cent of savers equivalent to 17 million people – will no longer have to pay tax on their savings.

    Under the new Personal Savings Allowance, higher-rate taxpayers will be able to earn up to £500 from bank accounts tax-free. Basic-rate taxpayers will no longer pay tax on the first £1,000 they earn from bank accounts.

  • Requirements and steps for electronic-filing of tax returns

    The Taxpayer must have registered and obtained TIN before accessing the e- filing platform.

    •A duly completed access form obtainable from the FIRS site or the Tax Office where the taxpayer affairs are handled must be completed and submitted.

    •The access creation takes cognisance of the type of access rights given to User by the Chief Executive Officer [CEO] or Managing Director [MD] or Principal Officer of the Company. The User’s credentials/profile in this case would have been spelt out on the access form that was completed by the CEO/MD or Principal Officer of the Company. The User may include an employee and or a Tax Consultant.

    •The access right delegated to the User may be withdrawn through notification to the Tax Office by the CEO/MD or Principal Officer of the Company.

    •Upon submission of the access form, the assigned officer of the Taxpayer Service Unit in the Tax Office creates the User using the User’s profile stated on the access form.

    •The details on the access form is used to generate User ID[i.e. Username and Password]

    •It is required that the Password is instantly changed upon first log in.

    •The information given in the access form will determine which of the access rights the user is entitled to. These include

    – View only

    – Declare (i.e file returns)

    – TIN Validation

    – Submission and upload of supporting documents (tax and non-tax related)

    – TCC Validation

    • It requires access to internet gateways such as; internet explorer not below 10, google chrome or any fire fox etc.

     

    Steps to filing tax returns

     

    •Download the e-filing access application form from http://www.firs.gov.ng/Tax-Management/Pages/ITAS-e-Filing-Platform.aspx

    •Complete the form and indicate your desired access right.

    •Return completed form to the FIRS office where your tax matters are treated.

    •Obtain your username and password from the tax office having used the information on your form to generate it.

    •log on to e-filing platform either from the FIRS site stated above or through the addresshttps://efiling.firs.gov.ng.

    •Change your password upon initial log in.

    •Upon successful log in, you are positioned on the e-filing page to file any declarations/returns which need to be filed.

    •To start your declaration, click on the “View all declarations to be filed” hyperlink or on the “Taxpayer Service” tab to select the tax types you want to file and double click on the plus (+) sign.

    •Click on the “File now” hyperlink.

    •On the tax return form displayed, identify relevant line details to complete or schedule to upload.

    •Enter the amounts for the required form lines in the filing currency previously authorized for the tax account for which you are filing or you can upload csv filefor both the formlines and/or schedule. The upload from csv file is explained in note 1 after step 18 below.

    •Click on the “Submit declaration” button.

    •Verify and ensure that the amounts entered are correct,if not click “back” to go back and make corrections.

    •Click on “Yes” for the returns to be submitted.

    •Click on “End Declaration Process” hyperlink.

    • View Filed declaration page which gives you a summary of your declaration; the document number is displayed at the top right hand corner.

    •Copy the document number which is required at the bank to settle the tax liabilityor you print the submitted declaration by clicking the print button for you to see the filed declaration with document number on it.

    •Contact itas.change@firs.gov.ng; itasproject@firs.gov.ng; 08115900301; 08115900021 for further enquiries.

     

    Note:

    1. CSV configuration for shedule upload in SIGTAS and E-filing

    The schedule prepared in excel file must be saved in CSV file

    •The CSV – Comma Separated Value is used to import information or data in excel to the system.

    •Before saving any excel file for CSV upload, the computer system must be in decimal separator configuration.

    •To configure a system to decimal separator, you click file at the menu bar, click on options and select advance on the second screen.

    •Check the decimal separator box and enter a comma ( , ). The system is now on decimal sepeaator. This is done only once for a system

    •There and then you save the excel with csv dos[disc operating system], comma delimited and others excluding Macintosh. This is the only csv version that does not work with SIGTAS.

    •The CSV can work with or without labels. If it is with labels, it means information to be uploaded must have headings at first column and first row, but where labels are not checked in, it will exclude the first row and first column that carry the headings.

     

    B.      System requirements for e-filing   

    •Internet Explorer not below 10

    •Google Chrome and

    •Any Fire Fox

     

    C.      Truncated declaration process

    This may be caused either by network/power failure, session time out or the e-filer who may discontinue the declaration process to seek further clarification or gather additional information. In either case, the e-filer can relog-in and continue from where he/she stopped by clicking on “in progress” and complete the declaration.

     

    Taxes that can be filed using e-filing Platform for now

    •Petroleum Profit Tax

    •Education Tax

    •Companies Income Tax

    •Value Added Tax

    •National Information Technology Levy

    •Capital Gains Tax

    Documentations required when

    making e-filing

     

    Beside system requirements earlier mentioned, the following documents are required when conducting e-filing:

    •Relevant Tax Returns

    •Relevant Excel Schedules saved in appropriate CSV file

     

    Benefits of e-filing

     

    E-filing platform provides the following benefits:

    •Self-service Platform using a personal computer, laptop, tablet or any device with a connection to the internet, from the comfort of your home, work or any place that is convenient to you.

    •It saves your time and money as the returns are filed online. You do not need to produce hardcopy returns and transport yourself to tax office to submit tax returns.

    •Promotes voluntary compliance due to its convenience.

    •Keep your information secure and confidential. The e-filing environment is secured and safe with your User ID and password, ITAS/SIGTAS platform will ensure that your tax information will be safe and confidential.

    •The system takes all submissions by taxpayers as self assessment

    •The system does the calculation at back-end for you. The Declaration [Tax Return] Forms are system driven, that is the formlines are linked to back-end computation and helps taxpayers to avoid common errors like using wrong rates and committing arithmetical mistakes.

    •Promotes transparency and boost taxpayer confidence and trust in the system

    •Saves taxpayer the rigours of going to tax office to confirm TIN and apply for TCC

    •Taxpayer can update her profiles without going to tax office to do so

    •Taxpayer can use message centre to make enquiries and receive instant reply for tax office

    •Tax account balance can easily be queried from the e-filing environment before taxpayer applies for Tax Clearance Certificate (TCC).

    It saves your time and money as the returns are filed online. You do not need to produce hardcopy returns and transport yourself to tax office to submit tax returns. Promotes voluntary compliance due to its convenience, it keeps your information secure and confidential.

     

     

  • Penalties for late filers, ABC of tax returns (3)

    Penalties for late filers, ABC of tax returns (3)

    As a follow up to last week’s publication, below is a continuation of the article that highlights the requirements for filing returns, due dates and penalties for late filing of returns as it pertains to various tax types.

    Last week’s edition focused on Company Income Tax (CIT), Education Tax (EDT), National Information and Technology Development Levy (NITDL), Estimated Petroleum Profit Tax (PPT), FinalPPT, Personal Income Tax (PIT).

    This week’s edition wraps up the article as it centres on Annual Pay as You Earn (PAYE), Monthly Pay as You Earn(PAYE), Withholding Tax (WHT) and Transfer Pricing (TP).

     

    7. Requirements for filing annual returns of Pay-As-You-Earn (PAYE) (by employers)

    Section 81 (2) of PITA (as amended) and Regulation 10 of the Operation of PAYE Regulations provide that an employer shall render to the relevant tax authority a return on each employee showing total emoluments of each employee during the year, the tax relief, if any, and the total tax deducted from the employee. This is to be done on a Form H1 or such other form as may be approved or prescribed by the relevant tax authority.

     

    Due Date

    Annual PAYE returns should be filed not later than 31st of January in respect of all employees of the employer in the preceding year.

     

    Penalties for late filing of annual returns of PAYE (by employers)

    Section 81 (3) of PITA stipulates a penalty of N500,000.00 for corporate bodies and N50,000.00 for individuals upon conviction.

     

    8. Requirements for filing monthly PAYE returns (by employers)

    The schedule to be attached to the payment and evidence of remittance should contain the following information:

    a) Taxpayer information (employer):

    I.        Taxpayer/agent name and address

    II.      Taxpayer/agent TIN

    III.     Transaction amount

    IV.     Transaction date

    b)Employees’ information:

    i.        Staff TIN

    ii.       Staff name

    iii.      Basic salary

    iv.      Allowances

    v.       Transaction date (DD/MM/YY)

    vi.      Tax amount

    vii.     Period covered

    Due Date

    • Evidence of remittance should be filed not later than 10th of every month

     

    Penalties for late filing of monthly PAYE returns (by employers)

    • Penalty for non-deduction and failure/late remittance under Section 40 of the Federal Inland Revenue Service (Establishment) Act 2007 applies.

    • Upon conviction, the penalty is at 10% per annum of the tax not remitted and interest at the prevailing Central Bank of Nigeria re-discount rate and imprisonment for period of not more than three (3) years.

     

    9. Requirements for filing Withholding Tax (WHT) returns

    Regulation 4 of the Companies Income Tax (rates, etc. of tax deducted at source (WHT)) regulations as well as Regulation 3 of PIT (rates, etc. of tax deducted at source (WHT)) regulations provide that a person who deducts tax from a payment shall, when the payment is credited or paid, whichever is earlier, submit, to the relevant office of FIRS, the evidence of remittance made to the designated bank of the tax deducted. The submission shall be accompanied with a statement containing the following information:

    • The name and address as well as the TIN of the person from whom the tax was deducted.

    • The nature of activity or service in respect of which the payment was made.

    • The gross amount paid or payable.

    • The amount of tax deducted.

    • The period to which the payment relates.

    Similar provisions can be found in Sections 78, 79 & 80 of CITA as well as Sections 69, 70, 71 & 73 of PITA.

     

    Due Date

    Evidence of remittance should be filed not later than thirty (30) days from the date the tax was deducted or the time the duty to deduct the tax arose.

     

    Penalty for late filing of Withholding Tax (WHT) returns

    WHT only has penalties for non-deduction and failure/late remittance of deduction.

    Upon conviction, the penalty is 10% per annum of the tax not remitted and interest at the prevailing Central Bank of Nigeria re-discount rate and imprisonment for period of not more than three (3) years (Section 40 of the Federal Inland Revenue Service (Establishment) Act 2007).

     

    10. Requirements for filing Value Added Tax (VAT) returns

    Section 15 of the VAT Act (VATA) Cap. V1 LFN 2004 (as amended) requires taxable persons to render returns of all taxable goods and services purchased or supplied by him during the preceding month to FIRS.

    The Service has prescribed the use of VAT Form 002 for filing the monthly VAT returns.

     

    Due Date

    Returns should be filed not later than 21st day of the month following that in which the purchase or supply was made.

     

    Penalty for late filing of Value Added Tax (VAT) returns

    Section 35 of VATA stipulates a penalty of N5,000.00 for every month in which the failure to make returns continues.

     

    11. Requirements for filing Transfer Pricing returns

    Regulation 6 of the Income Tax (Transfer Pricing) Regulations No.1, 2012 provide for the filing of Transfer Pricing returns and the documents required to be filed. The provisions under the regulations refer to companies which have relationship with any other company (i.e.) through control, management or ownership.

     

    The following are the content of Transfer Pricing returns:

    • TP Declaration Form (required only in the first year but must be updated should there be material changes in the information provided)

    • TP Disclosure Form (annually whether or not there are controlled transactions)

    • Copy of audited financial statement

    • Copy of Self-Assessment Form

    • Copy of income tax computations (including all relevant schedules)

     

    The taxpayer should write a covering letter for the Transfer Pricing returns; package all the documents into a separate envelope and mark the envelope “TP RETURNS”.

    The package containing the TP returns should be delivered to the tax office (where the taxpayer’s file is resident) along with the annual income tax returns and obtain acknowledgement of submission at the tax office.

     

    Due Date

    Same due date with CIT/PPT returns and must be filed when filing CIT/PPT returns.

     

    Penalty for late filing of Transfer Pricing returns

    Regulation 13 of the Income Tax (Transfer Pricing) Regulations specify same penalty as specified for failure to file CIT/PPT returns.

    v Please note that apart from penalty for late filing of returns, many of these tax types also have separate penalties for late remittance.

     

  • Penalties for late filers, ABC of tax returns (2)

    Penalties for late filers, ABC of tax returns (2)

     

    Penalty for late filing of Final PPT Returns

    • Section 51(1) of the PPTA provides for a penalty of N10,000.00 and N2,000.00 for every day the failure continues.

    6. Requirements for filingPersonal Income Tax (PIT) Returns

    In line with Section 41 of Personal Income Tax Act (PITA) Cap. P8 LFN 2004 (as amended), a taxable person shall, for each year of assessment, file self-assessment return in the prescribed form (Form A in the case of filing with FIRS), with the tax authority of the State in which the taxable person is deemed to be resident. This is together with a true and correct statement in writing containing:

    a)         The amount of income from every source for the preceding year, computed in accordance with the provisions of PITA

    b)         Particulars that may be required under PITA with respect to any such income, allowance, relief, deduction or otherwise as may be material for that purpose i.e. particulars that will serve as proof.

    Due Date

    Returns should be filed within ninety days (90) days from the commencement of every year of assessment i.e. not later than 31st of March.This is in line with Section 41(3) of PITA.

     

    Penalty for late filing of Personal Income Tax (PIT)

    • Section 94(1) of PITA (as amended) stipulates a penalty of N5,000.00 on conviction, plus N100 for every day in which the failure continues. Where the taxpayer default in the payment of the penalty, he shall be liable to imprisonment for six months.

     

    7. Requirements for filing annual returns of Pay as You Earn (PAYE) (By Employers)

    Section 81 (2) of PITA (as amended) and Regulation 10 of the Operation of Pay As You Earn (PAYE) Regulations provide that an employer shall render to the relevant tax authority a return on each employee showing total emoluments of each employee during the year, the tax relief, if any, and the total tax deducted from the employee. This is to be done on a Form H1 or such other form as may be approved or prescribed by the relevant tax authority.

    Due Date

    Annual PAYE Returns should be filed not later than 31st of January in respect of all employees of the employer in the preceding year.

    Penalties for late filing of annual returns of Pay as You Earn (PAYE) (By Employers)

    Section 81 (3) of PITA stipulates a penalty of N500,000.00 for corporate bodies and N50,000.00 for individuals upon conviction.

     

    8. Requirements for filingMonthly PAYE Returns (By Employers)

    The schedule to be attached to the Payment and Evidence of Remittance should contain the following information.

    a) Taxpayer Information (Employer):

    I.           Taxpayer/Agent Name And Address

    II.         Taxpayer/Agent Tin

    III.        Transaction Amount

    IV.        Transaction Date

    b)Employees’ Information:

    i.           Staff TIN

    ii.         Staff Name

    iii.        Basic Salary

    iv.        Allowances

    v.          Transaction Date (DD/MM/YY)

    vi.        Tax Amount

    vii.       Period Covered

    Due Date

    • Evidence of Remittance should be filed not later than 10th of every month

     

    Penalties for late filing of monthly PAYE returns (By Employers)

    • Penalty for non-deduction and failure/late remittance under Section 40 of the Federal Inland Revenue Service (Establishment) Act 2007 applies.

    • Upon conviction, the penalty is at 10% per annum of the tax not remitted and interest at the prevailing Central Bank of Nigeria re-discount rate and imprisonment for period of not more than three (3) years.

    9. Requirements for filingWithholding Tax (WHT) Returns

    Regulation 4 of the Companies Income Tax (Rates, etc. of Tax Deducted at Source (Withholding Tax)) Regulations as well as Regulation 3 of Personal Income Tax (Rates, etc. of Tax Deducted at Source (Withholding Tax)) Regulations provide that a person who deducts tax from a payment shall, when the payment is credited or paid, whichever is earlier, submit, to the relevant office of FIRS, the evidence of remittance made to the designated bank of the tax deducted. The submission shall be accompanied with a statement containing the following information:

    • The name and address as well as the TIN of the person from whom the tax was deducted

    • The nature of activity or service in respect of which the payment was made

    • The gross amount paid or payable

    • The amount of tax deducted

    • The period to which the payment relates

    Similar provisions can be found in Sections 78, 79 & 80 of CITA as well as Sections 69, 70, 71 & 73 of PITA.

     

    Due Date

    Evidence of Remittance should be filed not later than thirty (30) days from the date the tax was deducted or the time the duty to deduct the tax arose.

     

    Penalty for late filing of Withholding Tax (WHT) returns

    WHT only has penalty for non-deduction and failure/late remittance of deduction.

    Upon conviction, the penalty is 10% per annum of the tax not remitted and interest at the prevailing Central Bank of Nigeria re-discount rate and imprisonment for period of not more than three (3) years (Section 40 of the Federal Inland Revenue Service (Establishment) Act 2007).

    10. Requirements for filingValue Added Tax (VAT) returns

    Section 15 of the Value Added Tax Act (VATA) Cap. V1 LFN 2004 (as amended) requires taxable persons to render returns of all taxable goods and services purchased or supplied by him during the preceding month to FIRS.

    The Service has prescribed the use of VAT Form 002 for filing the monthly VAT Returns.

    Due Date

    Returns should be filed not later than 21st day of the month following that in which the purchase or supply was made.

     

    Penalty for late filing of Value Added Tax (VAT) returns

    Section 35 of VATA stipulates a penalty of N5, 000.00 for every month in which the failure to make returns continues.

    11. Requirements for filingTransfer Pricing Returns

    Regulation 6 of the Income Tax (Transfer Pricing) Regulations No.1, 2012 provide for the filing of Transfer Pricing Returns and the documents required to be filed. The provisions under the Regulations refer to companies which have relationship with any other company(ies) through control, management or ownership.

    The following are the content of Transfer Pricing returns:

    • TP Declaration Form (required only in the first year but must be updated should there be material changes in the information provided)

    • TP Disclosure Form (annually whether or not there are controlled transactions)

    • Copy of audited financial statement

    • Copy of Self-Assessment Form

    • Copy of income tax computations (including all relevant schedules)

    The taxpayer should write a covering letter for the TP returns; package all the documents into a separate envelope and mark the envelope “TP RETURNS”.

    The package containing the TP returns should be delivered to the tax office (where the taxpayer’s file is resident) along with the annual income tax returns and obtain acknowledgement of submission at the tax office.

    Due Date

    Same due date with CIT/PPT returns and must be filed when filing CIT/PPT returns.

    Penalty for late filing of Transfer Pricing Returns

    Regulation 13 of the Income Tax (Transfer Pricing) Regulations specify same penalty as specified for failure to file CIT/PPT returns.

    v Please note that apart from penalty for late filing of returns, many of these tax types also have separate penalties for late remittance.