File #2617: "2019_Book_NigerianTaxation.pdf"
Text
1|Foreword I|6
1|Foreword II|6
1|Preface|8
1|Acknowledgements|10
1|Contents|12
1|About the Author|19
1|Abbreviations|20
1|Non-English Words|22
1|Table of Cases|23
1|Table of Statutes|25
1|Law and Theories: “What” “Who” and Tax Categorisation|26
1|1 The “What” and “Who” in Taxation|27
2|Introduction|27
2|Examining the “What’s” of Tax|28
2|Nigerian Author’s Definition of Tax|29
2|Foreign Author’s Definitions|32
2|Reference Books Definitions|32
2|What are the Essential Characteristics/Features of a Tax?|33
2|What are Taxes Used for?|34
2|Who Levies Tax?|37
2|Who Pays Tax?|37
2|Who Collects Tax?|38
2|Tax as Against Other Payments Examined|38
2|Summary of This Chapter|39
2|Conclusion|39
2|Self-assessment Exercise|39
2|Relevant Authorities and References for Further Reading|40
1|2 Tax Categorisation|42
2|Introduction|42
2|Identification of Tax Using Income Theory|42
2|Identification of Tax Using Incidence Theory|47
2|Self-assessment Exercise|48
2|Summary of This Chapter|49
2|Conclusion|49
2|Relevant Authorities and References for Further Reading|49
1|Law and Theories: The Nigerian Tax Laws, Practitioners and Stakeholders|50
1|3 The Nigerian Tax Laws|51
2|Introduction|51
2|Categories of Nigerian Tax Law|51
2|The Law Regulating Companies Taxation in Nigeria|53
2|Summary of This Chapter|61
2|Conclusion|61
2|Self-assessment Exercise|62
2|Relevant Authorities and References for Further Reading|62
1|4 Practitioners and Stakeholders in the Nigerian Tax Policy Making|65
2|Introduction|65
2|Tax as a Profession|65
2|Who is a Tax Practitioner?|66
2|The Stakeholders in the Nigerian Tax Policy Making|67
2|Who are Stakeholders|68
3|Constitution of the Executive Arms|68
3|Legislative Arm|68
3|Judiciary|69
2|The General Conduct, Roles and Responsibilities of Stakeholders in the Nigerian Tax Policy Making|69
2|Specific Roles and Responsibilities of the Stakeholders in the Nigerian Tax Policy Making|69
2|Roles and Responsibilities of the Stakeholders at the Federal Level|70
3|Presidency|70
3|National Council of States|71
3|National Economic Council|71
3|Federal Executive Council in General and the Federal Ministries of Finance, Education and Information in Particular|71
3|National Assembly|72
3|Judiciary|72
2|Roles and Responsibilities of Stakeholders at the State Level|73
3|State Governors|73
3|State Executive Council in General and the Ministries of Finance, Education and Information in Particular|73
2|State House of Assembly|74
3|Judiciary in the State|74
2|Roles and Responsibilities of Stakeholders at the Local Government Level|75
3|Local Government Chairmen|75
3|Local Government Councils|75
2|Roles and Responsibilities of Other Stakeholders in the Nigerian Tax Policy Making|76
3|Tax Authorities|76
3|Joint Tax Board|76
3|Taxpayers|77
3|Professional Bodies, Tax Consultants and Practitioners|77
3|Taxmen and Tax Collectors|78
2|Relationship Between Tax Stakeholders in Nigeria|78
2|Summary of This Chapter|79
2|Conclusion|79
2|Self-assessment Exercise|79
2|Relevant Authorities and References for Further Reading Cases|80
1|Law and Theories: Rights and Obligations in Taxation|81
1|5 Taxpayers Rights and Obligations Under the Nigerian Tax Charter|82
2|Introduction|82
2|Who is a Taxpayer?|82
2|Overview of Rights in Taxation|83
2|The Taxpayers’ Rights|83
2|Taxpayers’ Obligations|88
2|Summary of This Chapter|90
2|Conclusion|90
2|Self-assessment Exercise|90
2|Relevant Tax Authorities and Reference for Further Reading|91
1|6 Rights and Obligations of Tax Authorities/Administrators Under the Nigerian Tax Charter|92
2|Introduction|92
2|Who are Tax Authorities/Administrators?|92
2|Nigerian Tax Authority’s Rights|93
2|Nigerian Tax Authority’s Obligations|96
2|Summary of This Chapter|99
2|Conclusion|99
2|Self-assessment Exercise|100
2|Relevant Authorities and References for Further Reading|100
1|Law and Theories: Offences and Sanctions Under the Nigerian Tax Laws|101
1|7 Definition and Classification of Tax Offences|102
2|Introduction|102
2|What is an Offence?|102
2|Classification of Tax Offences|103
2|Severe Tax Offences|104
2|Minor Tax Offences|104
2|Nigerian Criminal Justice System Position on Severe/Criminal Offences|105
2|Summary of This Chapter|106
2|Conclusion|106
2|Self-assessment Exercise|106
2|Relevant Authorities and References for Further Reading|107
1|8 Offences and Sanctions Under the Nigerian Tax Laws|108
2|Introduction|108
2|Severe Tax Offences and Punishments Under the Nigerian Tax Laws|108
2|Tax Evasion|108
2|VAT-Related Offences|115
2|Minor Tax Offences Under the Nigerian Tax Laws|117
2|Summary of This Chapter|121
2|Conclusion|121
2|Self-assessment Exercise|122
2|Relevant Authorities and Reference for Further Reading|122
1|Practice and Procedures: Basic Practice and Procedures in the Nigerian Tax System|123
1|9 Tax Compliance|124
2|Introduction|124
2|Practice and Procedure for Self-assessment and Mode of Filing Tax Return|124
2|Practice and Procedure of Remittance of Tax|126
2|Compliance and E-Taxation in Nigeria|128
2|Summary of This Chapter|128
2|Conclusion|129
2|Self-assessment Exercise|129
2|Relevant Tax Authorities and Reference for Further Readings|129
1|10 Tax Enforcement and Litigation|130
2|Introduction|130
2|Practice and Procedure for Making an Administrative Assessment|130
2|Appeal Procedure on Administrative Assessment|131
2|Practice and Procedure on Collection, Recovery and Repayment of Tax|131
2|Practice and Procedure with Regard to Companies Assessment|132
2|Practice and Procedure for Securing Warrant of Distrain by the Tax Officers or Service|133
2|Practice and Procedure on Enforcement of Judgement by the Service/Board|134
2|Practice and Procedure on Stamp Adjudication|134
2|Jurisdiction on Adjudication|135
2|Appeal by the Service|136
2|Practice and Procedure for Appeal Against the Decisions of the Service|136
2|Practice and Procedure for Instituting Suits Against the Service|137
2|Practice and Procedure Before Tax Appeal Tribunal|138
2|Practice and Procedure of Appeal to the Federal High Court|140
2|Practice and Procedure with Regards to Value Added Tax (VAT) Issues in Nigeria|141
2|Summary of This Chapter|143
2|Conclusion|144
2|Self-assessment Exercise|144
2|Relevant Tax Authorities and Reference for Further Reading|145
1|Contemporary Issues: Some Contemporary Issues in the Nigerian Taxation|146
1|11 Islamic Taxation|147
2|Introduction|147
2|What is Islamic Taxation?|147
2|Principles of Islamic Taxation|148
2|Classification of Tax in Islam|149
3|Zakah|149
3|Kharaj Tax|150
3|Jizyah|150
3|Ushur|150
3|Ushr|150
2|Reasons for Levying Tax in Islam|151
2|Taxation of Islamic Finance in Nigeria|152
2|Summary of This Chapter|154
2|Conclusion|154
2|Self-assessment Exercise|155
2|Relevant Authorities and Reference for Further Reading|155
1|12 Resolving Tax Disputes Through the Alternative Dispute Resolution (ADR) Mechanisms|157
2|Introduction|157
2|Brief Definition of Alternative Dispute Resolution (ADR)|157
3|Merits of Using ADR in Resolving Tax Disputes in Nigeria|159
2|Summary of This Chapter|161
2|Conclusion|161
2|Self-assessment Exercise|161
2|Relevant Authorities and References for Further Reading|162
1|Contemporary Issues: Policy Administration and Incentives in the Contemporary Nigerian Tax Environment|163
1|13 Policy Administration in the Contemporary Nigerian Tax Environment|164
2|Introduction|164
2|Meaning of Policy Administration in Relation to Tax|164
2|Features and Characteristics of an Effective Tax Policy Administration|165
2|Problems Confronting Effective Tax Policy Administration in Nigeria|166
2|Solutions to Problems Confronting Tax Policy Administration in Nigeria|170
2|Summary of This Chapter|173
2|Conclusion|173
2|Self-assessment Exercise|174
2|Relevant Authorities and References for Further Reading|174
1|14 The Nigerian Tax Incentives and Relief Policy|176
2|Introduction|176
2|What is Tax Incentives?|176
2|The Legal Regimes of Tax Incentives and Relief in Nigeria|177
2|Categorisation of Tax Incentives and Reliefs in Nigeria|178
3|Personal Incentives|178
3|1% Percent Incentive for Prompt Tax Payment|179
2|Corporate Tax Incentives and Reliefs|179
3|Investment Tax Relief|180
3|Pioneer Industries Tax Exemption|180
3|Double Taxation Relief|180
3|Capital Allowances|181
3|Capital Allowance as a Relief|182
3|Oil and Gas Producing Companies|182
3|Exemption and Relief of Chargeable Gains|183
3|Import Duties and Long Terms Fiscal System Relief|184
3|Capital Tax Allowance|185
2|Classification of Capital Tax Allowance|185
3|First-Year Allowance|185
3|Annual Allowance|186
3|Balancing Allowance|187
3|Conditions for Granting Capital Tax Allowances|187
3|Determination of Allowable Losses and Relief and Manner of Calculating Capital Tax Allowances|188
2|Other Corporate Tax Incentives and Reliefs in Nigeria|189
3|Relief in Value Added Tax (VAT)|189
2|Tax Amnesty|190
2|Objectives of Tax Incentives and Reliefs|190
2|Summary of This Chapter|191
2|Conclusion|192
2|Self-assessment Exercise|192
2|Relevant Authorities and References for Further Reading|192
1|Bibliography|194
1|On-Line Information|194
1|Q’uranic References|194
1|Index|195
1|Foreword II|6
1|Preface|8
1|Acknowledgements|10
1|Contents|12
1|About the Author|19
1|Abbreviations|20
1|Non-English Words|22
1|Table of Cases|23
1|Table of Statutes|25
1|Law and Theories: “What” “Who” and Tax Categorisation|26
1|1 The “What” and “Who” in Taxation|27
2|Introduction|27
2|Examining the “What’s” of Tax|28
2|Nigerian Author’s Definition of Tax|29
2|Foreign Author’s Definitions|32
2|Reference Books Definitions|32
2|What are the Essential Characteristics/Features of a Tax?|33
2|What are Taxes Used for?|34
2|Who Levies Tax?|37
2|Who Pays Tax?|37
2|Who Collects Tax?|38
2|Tax as Against Other Payments Examined|38
2|Summary of This Chapter|39
2|Conclusion|39
2|Self-assessment Exercise|39
2|Relevant Authorities and References for Further Reading|40
1|2 Tax Categorisation|42
2|Introduction|42
2|Identification of Tax Using Income Theory|42
2|Identification of Tax Using Incidence Theory|47
2|Self-assessment Exercise|48
2|Summary of This Chapter|49
2|Conclusion|49
2|Relevant Authorities and References for Further Reading|49
1|Law and Theories: The Nigerian Tax Laws, Practitioners and Stakeholders|50
1|3 The Nigerian Tax Laws|51
2|Introduction|51
2|Categories of Nigerian Tax Law|51
2|The Law Regulating Companies Taxation in Nigeria|53
2|Summary of This Chapter|61
2|Conclusion|61
2|Self-assessment Exercise|62
2|Relevant Authorities and References for Further Reading|62
1|4 Practitioners and Stakeholders in the Nigerian Tax Policy Making|65
2|Introduction|65
2|Tax as a Profession|65
2|Who is a Tax Practitioner?|66
2|The Stakeholders in the Nigerian Tax Policy Making|67
2|Who are Stakeholders|68
3|Constitution of the Executive Arms|68
3|Legislative Arm|68
3|Judiciary|69
2|The General Conduct, Roles and Responsibilities of Stakeholders in the Nigerian Tax Policy Making|69
2|Specific Roles and Responsibilities of the Stakeholders in the Nigerian Tax Policy Making|69
2|Roles and Responsibilities of the Stakeholders at the Federal Level|70
3|Presidency|70
3|National Council of States|71
3|National Economic Council|71
3|Federal Executive Council in General and the Federal Ministries of Finance, Education and Information in Particular|71
3|National Assembly|72
3|Judiciary|72
2|Roles and Responsibilities of Stakeholders at the State Level|73
3|State Governors|73
3|State Executive Council in General and the Ministries of Finance, Education and Information in Particular|73
2|State House of Assembly|74
3|Judiciary in the State|74
2|Roles and Responsibilities of Stakeholders at the Local Government Level|75
3|Local Government Chairmen|75
3|Local Government Councils|75
2|Roles and Responsibilities of Other Stakeholders in the Nigerian Tax Policy Making|76
3|Tax Authorities|76
3|Joint Tax Board|76
3|Taxpayers|77
3|Professional Bodies, Tax Consultants and Practitioners|77
3|Taxmen and Tax Collectors|78
2|Relationship Between Tax Stakeholders in Nigeria|78
2|Summary of This Chapter|79
2|Conclusion|79
2|Self-assessment Exercise|79
2|Relevant Authorities and References for Further Reading Cases|80
1|Law and Theories: Rights and Obligations in Taxation|81
1|5 Taxpayers Rights and Obligations Under the Nigerian Tax Charter|82
2|Introduction|82
2|Who is a Taxpayer?|82
2|Overview of Rights in Taxation|83
2|The Taxpayers’ Rights|83
2|Taxpayers’ Obligations|88
2|Summary of This Chapter|90
2|Conclusion|90
2|Self-assessment Exercise|90
2|Relevant Tax Authorities and Reference for Further Reading|91
1|6 Rights and Obligations of Tax Authorities/Administrators Under the Nigerian Tax Charter|92
2|Introduction|92
2|Who are Tax Authorities/Administrators?|92
2|Nigerian Tax Authority’s Rights|93
2|Nigerian Tax Authority’s Obligations|96
2|Summary of This Chapter|99
2|Conclusion|99
2|Self-assessment Exercise|100
2|Relevant Authorities and References for Further Reading|100
1|Law and Theories: Offences and Sanctions Under the Nigerian Tax Laws|101
1|7 Definition and Classification of Tax Offences|102
2|Introduction|102
2|What is an Offence?|102
2|Classification of Tax Offences|103
2|Severe Tax Offences|104
2|Minor Tax Offences|104
2|Nigerian Criminal Justice System Position on Severe/Criminal Offences|105
2|Summary of This Chapter|106
2|Conclusion|106
2|Self-assessment Exercise|106
2|Relevant Authorities and References for Further Reading|107
1|8 Offences and Sanctions Under the Nigerian Tax Laws|108
2|Introduction|108
2|Severe Tax Offences and Punishments Under the Nigerian Tax Laws|108
2|Tax Evasion|108
2|VAT-Related Offences|115
2|Minor Tax Offences Under the Nigerian Tax Laws|117
2|Summary of This Chapter|121
2|Conclusion|121
2|Self-assessment Exercise|122
2|Relevant Authorities and Reference for Further Reading|122
1|Practice and Procedures: Basic Practice and Procedures in the Nigerian Tax System|123
1|9 Tax Compliance|124
2|Introduction|124
2|Practice and Procedure for Self-assessment and Mode of Filing Tax Return|124
2|Practice and Procedure of Remittance of Tax|126
2|Compliance and E-Taxation in Nigeria|128
2|Summary of This Chapter|128
2|Conclusion|129
2|Self-assessment Exercise|129
2|Relevant Tax Authorities and Reference for Further Readings|129
1|10 Tax Enforcement and Litigation|130
2|Introduction|130
2|Practice and Procedure for Making an Administrative Assessment|130
2|Appeal Procedure on Administrative Assessment|131
2|Practice and Procedure on Collection, Recovery and Repayment of Tax|131
2|Practice and Procedure with Regard to Companies Assessment|132
2|Practice and Procedure for Securing Warrant of Distrain by the Tax Officers or Service|133
2|Practice and Procedure on Enforcement of Judgement by the Service/Board|134
2|Practice and Procedure on Stamp Adjudication|134
2|Jurisdiction on Adjudication|135
2|Appeal by the Service|136
2|Practice and Procedure for Appeal Against the Decisions of the Service|136
2|Practice and Procedure for Instituting Suits Against the Service|137
2|Practice and Procedure Before Tax Appeal Tribunal|138
2|Practice and Procedure of Appeal to the Federal High Court|140
2|Practice and Procedure with Regards to Value Added Tax (VAT) Issues in Nigeria|141
2|Summary of This Chapter|143
2|Conclusion|144
2|Self-assessment Exercise|144
2|Relevant Tax Authorities and Reference for Further Reading|145
1|Contemporary Issues: Some Contemporary Issues in the Nigerian Taxation|146
1|11 Islamic Taxation|147
2|Introduction|147
2|What is Islamic Taxation?|147
2|Principles of Islamic Taxation|148
2|Classification of Tax in Islam|149
3|Zakah|149
3|Kharaj Tax|150
3|Jizyah|150
3|Ushur|150
3|Ushr|150
2|Reasons for Levying Tax in Islam|151
2|Taxation of Islamic Finance in Nigeria|152
2|Summary of This Chapter|154
2|Conclusion|154
2|Self-assessment Exercise|155
2|Relevant Authorities and Reference for Further Reading|155
1|12 Resolving Tax Disputes Through the Alternative Dispute Resolution (ADR) Mechanisms|157
2|Introduction|157
2|Brief Definition of Alternative Dispute Resolution (ADR)|157
3|Merits of Using ADR in Resolving Tax Disputes in Nigeria|159
2|Summary of This Chapter|161
2|Conclusion|161
2|Self-assessment Exercise|161
2|Relevant Authorities and References for Further Reading|162
1|Contemporary Issues: Policy Administration and Incentives in the Contemporary Nigerian Tax Environment|163
1|13 Policy Administration in the Contemporary Nigerian Tax Environment|164
2|Introduction|164
2|Meaning of Policy Administration in Relation to Tax|164
2|Features and Characteristics of an Effective Tax Policy Administration|165
2|Problems Confronting Effective Tax Policy Administration in Nigeria|166
2|Solutions to Problems Confronting Tax Policy Administration in Nigeria|170
2|Summary of This Chapter|173
2|Conclusion|173
2|Self-assessment Exercise|174
2|Relevant Authorities and References for Further Reading|174
1|14 The Nigerian Tax Incentives and Relief Policy|176
2|Introduction|176
2|What is Tax Incentives?|176
2|The Legal Regimes of Tax Incentives and Relief in Nigeria|177
2|Categorisation of Tax Incentives and Reliefs in Nigeria|178
3|Personal Incentives|178
3|1% Percent Incentive for Prompt Tax Payment|179
2|Corporate Tax Incentives and Reliefs|179
3|Investment Tax Relief|180
3|Pioneer Industries Tax Exemption|180
3|Double Taxation Relief|180
3|Capital Allowances|181
3|Capital Allowance as a Relief|182
3|Oil and Gas Producing Companies|182
3|Exemption and Relief of Chargeable Gains|183
3|Import Duties and Long Terms Fiscal System Relief|184
3|Capital Tax Allowance|185
2|Classification of Capital Tax Allowance|185
3|First-Year Allowance|185
3|Annual Allowance|186
3|Balancing Allowance|187
3|Conditions for Granting Capital Tax Allowances|187
3|Determination of Allowable Losses and Relief and Manner of Calculating Capital Tax Allowances|188
2|Other Corporate Tax Incentives and Reliefs in Nigeria|189
3|Relief in Value Added Tax (VAT)|189
2|Tax Amnesty|190
2|Objectives of Tax Incentives and Reliefs|190
2|Summary of This Chapter|191
2|Conclusion|192
2|Self-assessment Exercise|192
2|Relevant Authorities and References for Further Reading|192
1|Bibliography|194
1|On-Line Information|194
1|Q’uranic References|194
1|Index|195