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OECD, NIGERIA MEET ON MAXIMIZING BENEFITS OF TWO-PILLAR TAX SOLUTION

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Nigeria to continue to participate in rules development in the interest of the country and Africa …

A delegation from the Organisation for Economic Co-operation and Development (OECD) met with Nigerian representatives on 4th and 5th April 2023, at a workshop it jointly organised with the Federal Inland Revenue Service (FIRS), to discuss the maximisation of the benefits of the Two-Pillar Solution for Nigeria. 

This is contained in the Workshop’s Outcome Statement released today. The Outcome Statement was signed by the Executive Chairman of the Federal Inland Revenue Service (FIRS), Muhammad Nami and the OECD Representative, Mr. Ben Dickinson. 

The Two-Pillar Solution, a proposal by the OECD Inclusive Framework, is a set of proposed rules, endorsed by 138 countries across the world as a uniform solution to the tax challenges of the digitalised economy, as well as Base Erosion and Profit Shifting. 

Nigeria, one of the four members of the Inclusive Framework that did not endorse the set of rules, met with the OECD delegation last week to familiarise relevant government officials with the rules, Nigeria’s position, as well as the potential benefits of the Two-Pillar Solution to the country and the world in general. 

The workshop was attended by key stakeholders, led by the Executive Chairman of the FIRS, Mr Muhammad Nami, who was represented by the Coordinating Director, Executive Chairman’s Group, Mr. Muhammad Lawal Abubakar. Also in attendance were the representatives of the Office of the Vice President, the Federal Ministry of Finance, Budget and National Planning, the Federal Ministry of Justice, Federal Ministry of Industry, Trade and Investment, Nigerian Investment Promotion Commission (NIPC), Nigeria Export Processing Zone Authority (NEPZA), Oil and Gas Free Zone Authority (OGFZA), Nigeria Export Promotion Council (NEPC), Joint Tax Board (JTB), and some States’ tax authorities.

After a critical review of the rules and Nigeria’s participation in their development, stakeholders at the meeting resolved that “there is the need for Nigeria’s continued participation in the rule development, as a member of the Inclusive Framework, to ensure that the interest of the country and Africa is factored into the design and development of the rules.” 

The Outcome Statement noted that whether or not Nigeria endorsed the statement of October 2021, and the detailed rules to be released later, to address challenges arising from the digitalisation of the economy, the country’s tax base and fiscal policy options will be impacted by the implementation of the Two-Pillar solution, especially the Pillar 2 Global Minimum Tax Rules of 15% effective tax rate (the GloBE rules). 

The meeting consequently observed that there was the need for Nigeria to immediately implement fiscal policy measures to address these potential impacts. 

“In light of this, there is a need to commence immediate implementation of fiscal policy measures around the Global Minimum Tax Rules, in view of the fact that other jurisdictions around the world have commenced implementation of measures that will enable them reap top-up taxes allowed under the rules, which will be to the detriment of Nigeria from 2024, if no step is taken.

“There is also an urgent need to review and streamline Nigeria’s tax incentives, as the rules will have the impact of allowing other jurisdictions to mop up taxes not collected in Nigeria due to tax incentives,” the Statement read. 

The Stakeholders also observed that Nigeria could implement and reap the benefits of Pillar 2, even where it does not wish to implement Pillar 1, noting that “Effective implementation of Pillar 2 rules holds significant potential for increased tax revenue to fund government programme, boost the economy and keep Nigeria as an attractive investment location.” 

As part of its recommendations, the OECD-Nigeria Meeting urged stakeholders within the country to commence internal engagements and “draw up a national strategy for immediate streamlining of its tax incentives, to avoid ceding its tax base to other jurisdictions, owing to the implementation of Pillar 2 rules.” 

The Workshop Statement enjoined Nigeria to take immediate steps to respond to Pillar 2 through implementation of tax policy options, which may include “changing its income tax rule to bring up its effective tax rate to a minimum of 15% or introducing a Qualified Domestic Minimum Top-up Tax (QDMTT)”. 

The meeting emphasised on the need for Nigeria to continue to participate in the rule development “as a matter of importance to protect national interest.” 

Nigeria is a member of the Inclusive Framework, and has actively participated in the rule development process despite not endorsing the Inclusive Framework October 2021 Statement on the grounds that it was in Nigeria’s best interest not to do so, to ensure that the country does not lose out on potential revenue from the digital economy. 

The Executive Chairman of the FIRS had in a statement in May 2022 noted that the country had concerns over the impact the rules could have on Nigeria’s tax system and revenue generation. 

“There are serious concerns on how the rules (particularly on Pillar 1) would compound the issues in our tax system. For instance, to be able to tax any digital sale or any multinational enterprise (MNEs), that company or enterprise must have an annual global turnover of €20 billion and a global profitability of 10%. That is a concern. This is because most MNEs that operate in our country do not meet such criteria and we would not be able to tax them,” Mr Nami stated then. 

“Secondly, the €20 billion global annual turnover in question is not just for one accounting year, but it is that the enterprise must make €20 billion revenue and 10% profitability in average for four consecutive years, otherwise that enterprise will never pay tax in our country, but in the country where the enterprise comes from, or its country of residence,” the statement read.

Thirdly he noted that for Nigeria to subject a Multinational Enterprise to tax under the rule, the entity must have generated at least €1 million turnover from Nigeria within a year.

Mr. Muhammad Nami stated that this is an unfair position especially to domestic companies which, with a minimum of above N25 million (that is about €57,000) turnover, are subject to companies income tax in Nigeria. He added that this rule will take-off so many Multinational Enterprises from the scope of those that are currently paying taxes to Nigeria. In other words, even the MNEs that are currently paying taxes in Nigeria would cease to pay taxes to us because of this rule.

Fourthly, on the issue of dispute resolutions under the Two-Pillar Solution, the FIRS Executive Chairman explained that the rules were such that in the event of a dispute between Nigeria and a Multinational Enterprise, Nigeria would be subject to an international arbitration panel as against Nigeria’s own justice system.

“It would be subject to international arbitration and not Nigeria’s judicial system and laws—even where the income is directly related to a Nigerian member of an MNE group, which is ordinarily subject to tax in Nigeria on its worldwide income and subject to the laws of Nigeria. We are concerned about getting a fair deal from such process. More so, such a dispute resolution process with a Multinational Enterprise, in an international arbitration panel outside the country, would lead to heavy expenses on legal services, traveling and other incidental costs.

“Nigeria would spend more; even beyond the tax yield from such cases,” the statement had read.

Johannes Oluwatobi Wojuola

Special Assistant to the Executive Chairman, FIRS 

(Media & Communication) 

April 13, 2023

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NNPC Welcomes FG’s Decision To Remove Fuel Subsidy

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The Nigerian National Petroleum Corporation (NNPC) Limited has welcomed the decision of the President Ahmed Bola Tinubu-controlled Federal Government to remove fuel subsidy.

In a press conference in Abuja on Monday, Mele Kyari, the Group Chief Executive Officer (GCEO) of the corporation charged with harnessing Nigeria’s oil and gas reserves, said the corporation was pleased with the decision of President Tinubu to remove the fuel subsidy.

“We welcome the decision of Mr. President to announce that the subsidy on PMS is over, and this has really been a major challenge for NNPC’s continued operations. We have been funding subsidy from the cash flow of the NNPC since the government is unable to defer the cost of subsidy that is due to the corporation,” Kyari said.

Burdened by the financial cost of importing fuel, Kyari said that the removal of this subsidy will free up funds to make it more commercially viable and do great work for the country.

“And we believe that this will be able to free resources for the NNPC to continue to do the great works that this company will do for our country, and it will allow us to function as a very commercial entity, and we welcome this development,” he said.

The Group Chief Executive Officer has assured Nigerians of the supply of petroleum products, informing Nigerians of an abundance of the products, particularly “Petroleum Motor Spirit product in our country, and there is no reason to panic.”

He urged Nigerians not to engage in panic buying as there would be no potential changes in the prices of petroleum products.

He promised that normalcy in the supply chain would be restored as soon as possible.

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Refinery: We’ll Ask Dangote To Sell Forex At Good Rate — Emefiele

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…Says CBN, govt helped him build a refinery
…Raises interest rate to 18.5 %lAs NACCIMA, IPMAN, and others react

With the Dangote Refinery set to deliver its first products in July, the governor of the Central Bank of Nigeria, CBN, Mr Godwin Emefiele, said yesterday that the refinery would be persuaded to sell foreign exchange earnings to banks at a good rate.

Speaking at the end of the 291st Monetary Policy Committee, MPC, meeting in Abuja, Emefiele said his team would engage the promoter of the refinery, Alhaji Aliko Dangote, to ensure that Nigerians benefitted from the venture, adding that the CBN, the Federal Government and, indeed, the country helped him set up the refinery.

The CBN boss expressed optimism that the refinery would ease the foreign exchange scarcity in the country, noting that with local refining, about 20 per cent cost of the total cost of importing petroleum products could be saved, thereby reducing prices in the long run. He, however, said it was time to exit the fuel subsidy regime.

His words: “By the time the Dangote Refinery comes on stream, the price at which it (fuel) will be dispensed will be lower than what it is when we spend dollars to import because there will be no freight cost, no storage and all other logistics expenses.
“So we will be lucky to be having about 20 per cent savings from refining locally, rather than importing.

“But the important thing is that we have reached a point, whether we like it or not when we must exit subsidy.
“Dangote Refinery coming at this time gives us the confidence that even if we exit subsidy, the products will be available. And eventually, the interplay of market forces will also moderate the prices to a level that will help the country.

“So we are expecting that, no doubt, by the time he produces for domestic consumption, the excess will be exported by the numbers that he talked about, which we agree with.

‘’We should be able to save, conservatively, close to about $5 billion to $10 billion in foreign exchange that will come into the country.

“Whether it comes to our reserves or not is not the point, it is the fact that the dollar is available and it will be sold in the domestic market so that customers of banks who need to import do not necessarily resort to CBN for dollars.
“They can go to their banks and Dangote will sell dollars to their banks and we are going to ensure that it is done at a good market rate.

“What I would have loved to say on Monday (at the Dangote Refinery Commissioning) which I didn’t say was that the CBN, the government and the country have helped Dangote to set up that refinery.

“He is a Nigerian; Nigerians must benefit from that venture and we are going to engage him and talk to him and I am sure that being the richest man in Africa, he is going to throw a few crumbs so that the price will be lowered.”

N8trn interventions in 5yrs

Meanwhile, Emefiele revealed that the CBN had given out about N8 trillion in interventions to the private sector in the last five years.

He said: “In the last four to five years, we have done about N8 trillion in interventions to the private sector of the economy. The loans have been granted for 10 years, with a two-year moratorium and at single digit”.

The CBN boss disclosed, however, that going forward, the apex bank would reduce its quasi-fiscal activities.

MPR jerked up to 18.5%

At yesterday’s meeting, the MPC raised the Monetary Policy Rate (MPR) to 18.5 per cent from 18 per cent.
Emefiele said the strategy, which started in May last year, had been working as it had moderated the rate of inflation in the economy.

He admitted that the interest rate hike was constraining credit to the real sectors of the economy but that it remained the best option in tackling inflation.

He stated: “The current trend in price development would continue to be monitored by the bank with greater collaboration with fiscal authority to address the drivers of inflation.”

Meanwhile, the committee voted to keep the asymmetric corridor at +100 and -700 basis points around the MPR.

It also retained the Cash Reserve Ratio (CRR) at 32.5 per cent and equally left the Liquidity Ratio at 30 per cent.

We look forward to cost reduction — IPMAN

Reacting to the CBN’s declaration that Dangote would sell Dollars to banks at good rate, the National President of the Independent Petroleum Association of Nigeria, IPMAN, Elder Chinedu Okoronkwo, could not be reached for comments, yesterday.

But National Operations Controller, IPMAN, Mike Osatuyi, said: “Oil marketers are very happy about the Dangote Refinery. We were tied to the global market for several decades. Now, everyone will be free to patronise the refinery.

‘’We look forward to a significant cost reduction, apparently because freight and shipping costs will not apply anymore.
“With the coming onstream of the plant, the Federal Government will be encouraged to end fuel subsidy. This might be affordable to Nigerians, unlike what it could have been in the past.”

Dangote Refinery comes with multiplier effects — OGSPAN

Similarly, the National President, Oil and Gas Service Providers Association of Nigeria, OGSPAN, Mazi Colman Obasi, said: “On a serious note, Alhaji Aliko Dangote should be commended for making this gigantic investment.

“Every patriotic Nigerian and African should be proud of this refinery. It is very huge and it comes with a lot of multiplier effects for Nigeria.

“I completely agree with the CBN governor that it will culminate in the generation of additional foreign exchange into Nigeria as well as assist the nation to conserve foreign exchange currently expended on massive importation of petroleum products.

“As a major crude oil producer, Nigeria should not have been involved in the importation of petroleum products. ‘’The nation was compelled by circumstances to go into importation. I am happy that this big refinery will enable us reduce or completely stop dependence on the global market.”

CBN should merge forex rates — NACCIMA

Also commenting, Sola Obadimu, Director General, Nigerian Chamber of Commerce, Industry, Mines and Agriculture, NACCIMA, while acknowledging the capacity of Dangote Refinery to generate forex, said CBN should rather focus on merging forex rates.

He said: “Honestly, my take is that CBN should merge these forex rates to avoid whatever might be called ‘good’ or ‘bad’ rates. And that’s the responsibility of CBN – to determine the true value of the Naira. Various exchange rates are basic ingredients for grandiose corruption as we know it.

“Yes, this is a very commendable project that has the capacity to generate forex whenever it starts to export and the proceeds would be convertible to Naira.

“At present, exporters through official channels are complaining that conversion for forex generated from exports is only available to them at official rates which may be unfair, given the fact that they never get enough forex at official rates when they need it either for imported inputs or machinery/parts.

“That’s the danger of dual or multiple exchange rates, particularly when the gaps are too wide as we have it now. But then, the government now has some stakes in the project.

‘’So they may reach some agreements on that level. But it might be preferred to have policies that encourage export activities by all as much as possible.”

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Cbn Raises Interest Rate To 18.5%; Highest In 22 Years

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Emefiele

The Central Bank of Nigeria at its just concluded Monetary Policy Committee (MPC) meeting raised its benchmark interest rate (MPR) by 50 basis points to 18.5 per cent, the country’s highest in 22 years.

The CBN governor, Godwin Emefiele, made this known during the post-MPC press conference on Wednesday.

In April 2023, headline inflation increased to 22.22 per cent from 22.04 per cent in the previous month, marking its highest level since September 2005.

This is the third time the Mr Emefiele led apex bank will be raising it’s interest rate in 2023.

Nigeria has struggled with a high rate of inflation as well as a declining exchange rate at both the parallel and official markets.

In April 2022, headline inflation reached its highest level in more than 17 years, eroding the purchasing power of the populace.

However, the apex bank has continued to increase the interest rate to combat the continued rising inflation.

People Gazette

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