President Bola Ahmed Tinubu has taken steps to tackle the issue of arbitrary multiple taxation in the country by signing four Executive Orders into law.
POLITICS NIGERIA reports that during an interactive session with State House Correspondents on Thursday, Dele Alake, the Special Adviser on Special Duties, Communication, and Strategy to the President, announced this policy directive.
Alake provided a breakdown of the specific interventions outlined in the Executive Orders.
One of the Orders, known as the Finance Act (Effective Date Variation) Order, extends the commencement date of changes in the Act to September 1, 2023. This move ensures that the required 90-day notice for tax changes is adhered to.
Another Order pertains to the Customs, Excise Tariff (Variation) Amendment Order, which shifts the start date of tax changes to August 1, 2023.
Furthermore, the President has suspended the 5% Excise Tax on telecommunication services, the escalation of Excise Duties on locally manufactured products, and the recently introduced Green Tax on single-use plastics.
To ease the burden of tax adjustments on businesses and households, the President has also ordered the suspension of the Import Tax Adjustment levy on certain vehicles.
These Executive Orders, as outlined by the presidential aide, aim to mitigate the adverse effects of tax changes on both businesses and households.
Refer to the full text of the speech delivered by the presidential aide below for the details of these orders.
TEXT OF STATE HOUSE PRESS BRIEFING ON PRESIDENTIAL INTERVENTIONS ON MAJOR CONCERNS OF MANUFACTURERS AND OTHER STAKEHOLDERS REGARDING SOME RECENT TAX CHANGES ADDRESSED BY MR. DELE ALAKE, SPECIAL ADVISER ON SPECIAL DUTIES, COMMUNICATIONS AND STRATEGY ON THURSDAY, JULY 6, 2023
Gentlemen of the press, I welcome you to this media briefing which essentially is a further demonstration of the avowed commitment of His Excellency, President Bola Ahmed Tinubu, to constantly dialogue with Nigerians and lend a listening ear to their concerns.
2. Upon taking over the reins of government, the President promised to run a government that will not make life difficult for Nigerians or asphyxiate corporate entities. The Federal Government is irrevocably committed to this pledge.
3. You will all recall that prior to the advent of this Administration, certain tax changes were introduced via the Customs, Excise Tariff (Variation) Amendment Order, 2023 (henceforth referred to as “the Order”) published on the 8th of May 2023 and the Finance Act, 2023, which was signed into law on the 28th of May 2023.
4. Among others, the Order introduced new Excise Duty on Single Use Plastics (SUPs), higher Excise Duties on some locally manufactured products, including alcoholic beverages and tobacco products, and Green Tax by way of Import Tax Adjustment on certain categories of imported vehicles.
5. The Tinubu Administration has since noticed that some of the tax policies are being implemented retroactively with their commencement dates, in some instances, pre-dating the official publication of the relevant legal instruments backing the policies. This lacuna has created some challenges of implementation.
6. We wish to state that the intentions behind upward adjustments of some of these taxes are quite noble. They were designed to raise revenue as well as address environmental and public health concerns. However, they have generated some significant challenges for affected businesses, and elicited serious complaints amongst key stakeholders and in the business community.
7. Let me mention some of the problems we have identified with the aforementioned tax changes. A document known as the 2017 National Tax Policy approved by the Federal Executive Council of the last administration prescribes a minimum of 90 days’ notice from government to tax-payers’ entities before any tax changes can take effect.
8. This global practice is done with a view to giving taxpayers and businesses reasonable time to adjust to the new tax regime.
9. However, evidencing part of the gaps pointed out earlier, both the Finance Act 2023 and the Customs, Excise Tariff Order 2023 did not give the required minimum notice period, thus putting businesses in violation of the new tax regime even before the changes were gazetted.
10. As a result of this, many of the affected businesses are already contending with the rising costs, falling margins and capacity underutilization due the various macroeconomic headwinds as well as the impact of the Naira redesign policy.
11. Gentlemen of the press, you will also recall that Excise Tax increases on tobacco products and alcoholic beverages from 2022 to 2024, which had already been approved, are also being implemented. But a further escalation of the approved rates by the current Administration presents an image of policy inconsistency and creates an atmosphere of uncertainty for businesses operating in Nigeria.
12. The Excise Tax of 5% on telecommunication services has generated heated controversy. There is also a lack of clarity regarding the status of this tax, just as players in the sector also complain about the imposition of multiple taxes on their operations.
13. We have also seen that the Green Taxes, including the Single Use Plastics tax and the Import Adjustment Levy on certain categories of vehicles require more consultation and a holistic approach to the country’s net zero plan in a manner that does not impact the economy negatively.
