Mohammed Shosanya

The Lagos State Internal Revenue Service (LIRS) has urged owners of restaurants, hotels, and event centres operating in the state to contribute to the state’s development by prioritizing the monthly collection and remittance of a 5% consumption tax on all consumables and personal services.

The State on June 22, 2009, enacted the Hotel Occupancy and Restaurant Consumption Law of Lagos State otherwise called Hotel Consumption Law, which imposes consumption tax at 5% on the value of goods and services consumed in hotels, restaurants and event centers within the state. The tax base is the total cost of facilities, consumables or personal services supplied to a consumer in, by or on behalf of the hotel, restaurant or events centre.

Speaking on The Tax Talk programme monitored on TVC,Jimi Aina, Director, New Growth, LIRS, said while the consumption tax is a major source of revenue for the Lagos State Government, which uses the funds to provide public amenities and services such as healthcare, education, transportation, and security, owners of restaurants, hotels, event centres, etc are obligated to register with the LIRS as collecting agents.

He said contrary to the misconception a lot of people have about consumption tax, the state has not imposed additional taxes on restaurants, hotels and event centres, rather, consumers who purchase taxable goods or services in the state are responsible for paying the consumption tax. The tax is already included in the price of the goods or services and is paid to the collecting agent who collects it on behalf of the Lagos State Government.

“Many people misunderstand the concept of consumption tax. It is often thought that this tax is an additional burden on hotels and restaurants, but this is not the case. In reality, it is the customers who are taxed when they dine out, attend events, or have drinks at a bar. The tax rate is five per cent. By paying the consumption tax, consumers contribute to the development and maintenance of these amenities and services.”

“According to Section 1 of the Lagos State Consumption Tax Law, consumption tax is defined as a tax on the supply of goods and services in Lagos State, which is charged and payable by the consumer.

“Consumers who purchase taxable goods or services in Lagos State are responsible for paying consumption tax. The tax is included in the price of the goods or services and is paid to the collecting agent who collects it on behalf of the Lagos State Government,” he said.

He said while collecting agents (restaurants, hotels and event centres) have the responsibility of collecting these taxes from consumers and remitting to the LIRS, it’s also important to factor in the deadline for remittances.

He explained; “According to the Lagos state consumption tax law, the remittances must be made not later than the 20th day of the month following the month of collection. For example, consumption tax collected in September must be remitted to the LIRS on or before the 20th of October.

Aina noted that there are legal implications to non-remittances by collecting agents who failed to remit consumption tax collected from consumers to the LIRS within the prescribed time.

“Where a Collecting Agent fails to make a return or remittances as and when due, LIRS may make an estimate of the total amount due and such estimate shall become due not later than 21 days of service of such a notice.

“Failure to remit the tax collected within the stipulated time will attract a 10% penalty of an amount not remitted plus interest at 5% above the prevailing Monetary Policy Rate of CBN of Nigeria. Such collecting agent may also face sanctions including closure of business and prosecution,” he submitted.

According to the LIRS, the monthly filing of returns on sales using UCL 2 form must be accompanied by a report stating:

The total amount of payments made for all chargeable transactions during the preceding reporting period.

The amount of consumption tax collected by the agent during the reporting period.
Any other information required by LIRS to be included in the report.

Eric Umeofia, founder of Erisco Foods Limited, has threatened legal actions against Chioma Egodi, a consumer who gave a review of one of the company’s products.

He spoke in an interview on Thursday on Arise TV.

Egodi had penultimate week made a post on Facebook, stating that she tasted Nagiko Tomato Mix — one of the tomato paste variants of the firm — and found it sugary.

But Erisco Foods Limited described the claim as untrue and unfounded.

According to the company,the post was intended to mislead its customers and discredit its image “as previously instigated by some elements and syndicates who are uncomfortable with our increasing market dominance as a leading indigenous manufacturer of 100% natural tomato pastes”.

The company decided to bring the said publication to the attention of relevant authorities.

Speaking,Umeofia said the post had cost him so much, including the company’s credit line, as he vowed to sue Edigo for N5 billion in damages.

He added that Edigo must tender a public apology by making a social media post.

“I had a $30 billion credit line from China but now it’s been suspended because of this,” Umeofia said.

“I will sue, surely. If she settles with the police on this trivial case, what about my damages? Is it right? People keep saying what they do not know. Where is our conscience or religion? That somebody would say that I am killing people and people are supporting them. People must come and tell me sorry.

“I will sue her for N5 billion if she does not comply with what we say.”

He said he had faced challenges operating in Nigeria, especially in getting foreign exchange (FX) from the Central Bank of Nigeria (CBN).

According to Umeofia, getting dollars from the CBN requires him to “compromise”.

He said there are independent bodies in the apex bank who collect certain cuts or amounts from manufacturers when they try to get foreign exchange.

Mohammed Shosanya

The Makurdi Zonal Command of the Economic and Financial Crimes Commission (EFCC) has secured the conviction of about 107 suspects that were arraigned for financial crimes in the last five years.

The Commission disclosed this at a Workshop for Journalists in Benue State on ‘Effective Reporting of Economic and Financial Crimes’, organised by the EFCC on Thursday.

In a paper titled: “Challenges of Prosecuting Economic and Financial Crimes in Nigeria”, the Assistant Commander of EFCC (ACE), 1, Legal and Prosecution Department, Ramiah Ikhanaede who disclosed this however observed that about 3,758 suspects have been convicted nationwide.

He explained that in Makurdi Zonal Command alone out of the 107 prosecutions, the Commission secured the conviction of 43 suspects in 2023 and it was still counting.

Ikhanaede explained that in 2019, the Commission secured 16 convictions; 9 convictions in 2020; 39 convictions in 2022 and the highest convictions recorded was 43 convictions in 2023; that is from January to September, 2023

He said that although the Commission may not be where it is expected to be, it has recorded major successes since the ratification of the Unified Nation’s Convention Against Corruption (UNCAC).

He lamented that some societal challenges have acted as impediments to the fight against financial crimes in the country among other impediments like economical and statutory challenges.

Acting Executive Chairman, EFCC, Abdulkarim Chukkol, explained that the workshop was designed to upgrade the skills of journalists.

Represented at the event by the Makurdi Zonal Commander, Friday Ebelo, the EFCC Acting Chairman noted that while Nigeria’s anti-money laundering framework has been strengthened, EFCC has also reinvigorated a key component of it’s framework, the Special Control Unit against Money Laundering (SCUML), to drive to fight money laundering.

He said: “The impact of the Commission on the economic life of the nation is widely acknowledged. Through the Commission’s enforcement activities, recoveries running into several billions of Naira have been recorded and the country’s anti-money laundering framework strengthened.

“A key component of this framework is the reinvigorated Special Control Unit against Money Laundering (SCUML), which is driving the fight against money laundering and illicit financial flows among Designated Non-Financial Businesses and Professions (DNFBPs).

“On this score, I would like the media to educate family members and friends of politicians and others holding political offices that they run the risk of going to jail if they allow their companies or bank accounts to be used to launder proceeds of illegal activities.

“Under the Money Laundering Act, 2022 family members and close allies of politicians and public office holders, including top civil servants, are now classified as Politically Exposed Persons (PEP).

“The EFCC is determined to ensure that anyone who steals from the public treasury and all those who assist them to do so under whatever guise, are brought to justice and ignorance of the law will not be an excuse,” Chukkol warned.