Nolands Nigeria Professional Services

Nolands Nigeria is a Professional Services Firm in Lagos. Our practice areas are AUDIT, FORENSICS, A

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Auditing, Advisory and Law Services 23/08/2023

Tax Appeal Tribunal Orders Return
of Taxpayer's Identification Number
and TaxPromax




Good Day

The Tax Appeal Tribunal (TAT) in the matter of Little Company Nigeria Ltd. v. Federal Inland Revenue Service (TAT/LZ/VAT/113/2022) [click here] ruled on July 21, 2023 that the Federal Inland Revenue Service (FIRS) violated the law in transferring the Tax Identification Number (TIN) and Taxpromax of Little Company Nigeria Ltd. (LCNL) from Ikoyi 2 Medium Small Tax Office (MSTO) where the taxpayer registered in 2019 when it commenced business, to Ajah 2 MSTO in December 2021, without the knowledge and permission of LCNL.

The TAT explained that the FIRS Taxpayer Guidelines: https://www.firs.gov.ng/tax-payer-guidelines/ and a 2022 Information Circular [click here] specifically stated that taxpayers are to register at tax offices closest to their headquarters or their place of business. The TAT added that the head office of LCNL is at Ikoyi and Ikoyi 2 MSTO was the closest tax office at which the taxpayer registered in 2019.

The taxpayer is a hospitality company and opened its first hospitality business at Museyo Beach, Eleko, Lagos which is within the jurisdiction of the Ajah 2 MSTO. During a tax drive in the last quarter of 2021, the Tax Controller of Ajah 2 MSTO discovered Jara Beach Resort and sent them a letter to register and file VAT tax returns. LCNL replied and explained that they had registered at Ikoyi 2 MSTO and filed returns there. The Tax Controller without the knowledge and approval of LCNL registered the company in December 2021 under Taxpromax and moved the TIN to Ajah 2 MSTO. The reasons adduced by the FIRS include that the first hospitality business of the taxpayer was within the Ajah 2 MSTO jurisdiction and not within Ikoyi 2 MSTO jurisdiction.

The taxpayer explained to FIRS that Jara Beach Resort was their first hospitality business and they plan to open other businesses in Lagos as soon as the opportunity arises. The TAT was told that LCNL had since opened a promotional office at Falomo Square and moved it to Lekki 1 when they opened Jollof by Jara restaurant at Lekki 1. LCNL added that they had appealed to the State Coordinator, Lagos Island who promised that after remittance of outstanding 2021 VAT, the TIN and Taxpromax would be transferred back to Ikoyi 2 MSTO. However, this was not done. The appeal to the Group Lead, General Tax Operations at FIRS Abuja confirmed that the FIRS had decided that the TIN and Taxpromax must remain at Ajah 2 MSTO. This prompted LCNL to appeal to the TAT.

Conclusion

The FIRS cannot unilaterally decide to transfer the TIN and Taxpromax of a taxpayer without the knowledge and approval of the taxpayer. Taxpayers have a right to register at tax offices closest to their head offices or registered business address.


Please send any tax queries to Helen Ijewere on [email protected]

Like us on our page: www.facebook.com/nolandsng

Whatsapp: 09057283566

Regards

Nolands Nigeria
www.nolands.global

Auditing, Advisory and Law Services Nolands Global is an auditing company servicing 7 countries across the world–South Africa, Mauritius, Nigeria, Switzerland, UK, Zambia and Zimbabwe.

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MONTHLY TAX COMPLIANCE CHECKLIST for MSMEs

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WEBINAR: MONTHLY TAX COMPLIANCE CHECKLIST for MSMEs 30/05/2022

http://eepurl.com/h2WDvb

WEBINAR: MONTHLY TAX COMPLIANCE CHECKLIST for MSMEs MONTHLY TAX COMPLIANCE CHECKLIST for MSMEs Kind Regards, Nolands Nigeria  Find us: 10, Akiogun Road, Oniru, Lagos Visit: www.nolands.ng Call: 014 54 5042 Email: [email protected] Connect: facebook.com/nolandsng Whatsapp:090 5728 3566

24/05/2022

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MONTHLY TAX COMPLIANCE CHECKLIST for MSMEs

Telephone

Address


Nolands Nigeria. 28C, BISOLA DUROSINMI-ETTI Drive
Lekki
101241

Opening Hours

Monday 08:00 - 17:00
Tuesday 08:00 - 17:00
Wednesday 09:00 - 17:00
Thursday 08:00 - 17:00
Friday 08:00 - 17:00

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