After initial delay, the House of Representatives on Wednesday passed for the second reading, the four tax reform bills transmitted to the National Assembly by President Bola Tinubu on October 3, 2024.
The bills — Nigeria Tax; Nigeria Tax Administration; Nigeria Revenue Service and Joint Revenue Board of Nigeria (Establishment) Bills, 2024 have been referred to the Committee on Finance for further legislative works after extensive debate on their general principles.
The House had fixed December 3, 2024 for the debate on the general principles (second reading) of the bills, but that was postponed indefinitely.
The bills had been a subject of controversy, with Northern Governors’ Forum rejecting the new derivation-based model for Value Added Tax (VAT) distribution proposed in one of the bills when they insisted that the provision did not align with the interests of the North and other sub-national entities.
Article 77 of the Nigeria Tax Administration Bill, 2024 provides that: “Notwithstanding any formula that may be prescribed by any other law, the net revenue accruing by virtue of the operation of chapter six of the Nigeria Tax Act (VAT) shall be distributed as follows – (a) 10% to the Federal Government; (b) 55% to the State Governments and the Federal Capital Territory; and (c) 35% to the Local Governments.
“Provided that 60% of the amount standing to the credit of states and local governments shall be distributed among them on the basis of derivation.”
However, there was a twist in the event when the Nigeria Governors’ Forum (NGF) threw its weight behind the tax reform bills, but insisted that the revised VAT sharing formula must ensure equitable distribution of resources of 50% based on equality, 30% based on derivation, and 20% based on population.
Barely 24 hours after Speaker Abbas Tajudeen told the leadership of the Lagos Chamber of Commerce and Industry (LCCI) which paid him a courtesy call on Tuesday that the “House is a pro-business legislature, and that is why we are at the centre of supporting Mr. President on the tax reforms,” the bills were listed for second reading on Wednesday.
Leading the debate on the general principles of the bills which were main business of the day after their consolidation, the House Leader, Hon. Julius Ihonvbere (APC, Edo), hailed President Tinubu for summoning the courage to address the issue of reforming the tax sector hampered by multiple collections, taxations and other problems.
Ihonvbere said bills seek to essentially ensure a total overhaul and modernisation of the tax system which was chronically outdated and one of the most backwards on earth, thereby driving the economic transformation to improve the lives of ordinary Nigerians.
“The focus of the tax reform bills essentially is to ensure a total overhaul and modernisation of the tax system which is chronically outdated and one of the most backwards on earth. Second, to drive the economic transformation that we will all be part, trying to refocus, redirect the principles of production and accumulation and exchange in order to improve the lives of the ordinary person empower our citizens and support households.
“Enhance revenue mobilisation and ensure a conducive and competitive environment for investment. Many can complain that investors have being paying taxes to almost 10 and sometimes 15 different agencies without receipts sometimes.
“The Nigerian Tax administration bill provides the legal basis for tax management. The Nigerian Revenue Establishment bill replaced the FIRS to perform the role of revenue administration and finally the joint revenue board establishment bill to transform the Joint Tax Board into the Joint Revenue Board with expanded mandate and responsibilities. These are the taxes we are putting into one because they’re dealing with the same matter,” he argued.
Emphasising the benefits of the proposed legislations, the House Leader said there will be a complete exemption of low income workers earning up to N1 million from the Pay As You Earned tax (PAYEE), and VAT removed on food, healthcare, education, electricity generation and transmission, while vulnerable tax payers will be protected against arbitrary tax assessment.
“Having studied the bills myself and taking the time to compare with other Africa countries notably, Egypt, Morroco, South Africa, Ethiopia and Namibia, I could see the benefits that have been enunciated for Nigeria and Nigerians in these tax bills.
“Suffice to say, ordinary Nigerians, the youths, families will benefit extensively because for the first time, there will be a complete exemption of low income workers earning up to N1million from PAYEE. The minimum wage that is about N83,000 a month which is above the minimum wage, so anybody with minimum wage whether in the public or private sector will not need to pay that tax. It reduces the PAYEE tax for those earning a monthly salary of N1.7 million or less.
“Remove VAT on food, healthcare, education, electricity generation and transmission. If you are involved in these activities it is 0 percent VAT. There’s tax incentives for employers to hire more workers. There are many products that are now exempted from the VAT; dairy products, renewable energy and so on and so forth. Our small businesses also have a lot of incentives in this new tax regime.
“There is also the introduction of the Office of the Tax Ombuds to protect vulnerable tax payers against arbitrary tax assessment. The bill also requires that all tax disputes must be resolved by the Ombuds in 14 days, not the current situation where in a year you will be going to tax office everyday and they’ll be turning you up and down with no solution,” he added.
For his part, the House Minority Leader, Hon. Kinsley Chinda (PDP) who supported and moved for the second reading of bill while debate was yet over, said the issues in the proposed legislation will be addressed at the appropriate stage of lawmaking.
Chinda said while lawmakers, especially his colleagues in the minority caucus opposed some of the letters of the law, they supported its spirit.
“I will not want to repeat, save to say or emphasise on a few areas. We have incremental tax contained in the tax administration law. Rather than have tax increase, it is impossible that we can have incremental VAT in this bill.
“Aside, all the other issues or the issues of conflict with the constitution and other laws, and then the issues of ambiguity, I believe that we can tidy them up.
“One good thing is that, innovation is coming, it would be difficult, but it is desirable. So, while we oppose some of the letters of the law, we support the spirit of the law in toto.
“As parliamentarians we know the stage at which we can attack those letters and correct them, and we want to assure Nigerians that, as we stand as members of this parliament that these letters we will monitor them as watchdogs and ensure that those letters are collected as we have promised.
“Generally, we support these bills. Mr Speaker, my dear colleagues since we all agree with the spirit and intent of the bill, I will pray that we support the second reading of the bill,” the opposition leader said.
In his contribution, the Deputy Minority Whip, Hon. George Ozodinobi (LP, Anambra) viewed the bills as a subtle restructuring of the country and lauded the courage of President Tinubu in introducing these reforms.
“I wouldn’t want to go into the general principles of the four bills because the Leader of the House, Prof. Julius Ihonvbere has touched on basic principles of it. But basically, I saw these bills, I’m constrained from where I’m coming from for the first time, to salute the courage of Mr President for his presentation of these bills as it were.
“I also saw it from where I came from as a subtle restructuring of this great nation by these bills and by the same time, as a kind of a handshake across the Niger to our people.
“With the consultations I had with our constituents, they pleaded with us that these bills are good to go – pass the second reading. My leader, Mr Peter Obi in some of his principles, he believes in consumption to production,” he added.
However, Hon Sada Soli (APC, Katsina) said while the bills will ensure efficiency and harmoinsed taxation, amongst other advantages, there were issues inherent in the proposed legislations as some of their sections which contradicted the constitution.
He also pointed out the issues of overlap with “existing laws – PAYEE, company income tax, preponderance of ambiguity due to inadequate interpretation; concerns for equity, technology, burdening tax payers,” amongst others.
In their separate submissions, Minority Whip, Hon. Ali Isah (PDP, Gombe); Hon. Abubakar Fulata (APC, Jigawa), amongst others, said some sections of the bills must be amended to accommodate the interests and welfare of Nigerians as well as protect institutions such as TETFUND and NITDA.
