Objectives
The main objective of study in this chapter is a discussion on tax policy administration and incentives in the contemporary Nigerian Tax Environment. Thus, the chapter examines the features and characteristics of an effective tax policy administration as well as the problems confronting it in Nigeria . At the completion of the study in this chapter, readers are expected to
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i.
to know the meaning of policy administration in relation to tax in Nigeria ;
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ii.
appreciate the features and characteristics of effective tax policy administration; and
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iii.
be well-informed about the problems confronting an effective tax policy administration under the contemporary Nigerian tax environment as well as their solutions.
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- 1.
Hornby A.S . op. cit., (n. 243), p. 1122.
- 2.
Ibid., p. 18.
- 3.
Adam Smith , op. cit., (n. 41).
- 4.
An ultra vire action is an action done by an incompetent person.
- 5.
Ade Ipaye “Tax collection and Government Responsibility under an International Economic Recession” (Being a paper presented at the 1st Akwa-Ibom State Revenue summit, April 6–7 2009).
- 6.
For several ways self employed persons evade tax in Nigeria , see Olokooba S.M. & Ali Chineye F. “Tax Enforcing of the Self employed persons income in Nigeria : Issues, Challenges and Solutions” Lead City University Law Journal 2 (1) 2016, pp. 115–123.
- 7.
A typical example is presently in Kwara State , Lagos State , Rivers, Cross Rivers and Oyo State etc., where most of their management cadres are not tax experts.
- 8.
Agbekoya saga and Aba women riots were serious tax based riot witnessed almost immediately after Nigerian independence. Lately in Kwara state of Nigeria , similar incidence occurred when some residents resisted attempt to serve them notice of tax payment which later resulted in violence against staff of Kwara State Internal Revenue Services.
- 9.
S.M. Olokooba, A.A. Kareem, L.K Zakariyau, op. cit., (n. 115), p. 718.
- 10.
Adedokun K.A op. cit., (n. 115), p. 133.
- 11.
Aggressive tax avoidance is a way by which the taxpayer though not out rightly evading the payment of tax but added some expenditure that ordinarily would have been taxable in the deductible allowance item.
- 12.
A typical occurrence is the latest amendment done to the Nigerian Electoral Act by the eighth National Assembly where the senate proposes the remover of the payment of three years tax as a prerequisite for anybody willing to contest for any political offices in Nigeria . However, for details of instances where failure to obtain tax clearance have caused elections to be nullified by courts in Nigeria see, Ijaodola R . op. cit., (n. 40).
- 13.
Nangih, Efeeloo, Idatoru, Alapuberesika Roberts, Bori. Idatoru, Kumah, Lekara James “Voluntary Assets and Income Declaration Scheme (VAIDS) Implementation in Nigeria : A Case of an “Executive Order” with Many Faces” Journal of Accounting and Financial Management, 4 No. 6 2018, IIARD – International Institute of Academic Research and Development, p. 34.
- 14.
Courts with jurisdiction to try tax matters in Nigeria , have already been discussed under practice and procedures section of this book.
- 15.
As was held by the decision of the High Court of Lagos State in the case of Chartered Institute of Taxation of Nigeria v. Institute of Chartered Accountant of Nigeria (2013) N.R.L.R 1 at p. 10 holden 1
- 16.
Olokooba S.M, Kareem A.A, Adimula B & Akintoye A “Tax Education and Mobilization. A Means to Sustainable Development in Nigeria ” P.E. Bondzi-Simpson et al. (ed.), Law and Sustainable Development in Africa, (Grosvenor House Publishing Ltd. UK, 2012), p. 352
- 17.
S.M. Olokooba, A.A. Kareem & L.K. Zakariyau, op cit, (n. 115), p. 719.
Relevant Authorities and References for Further Reading
Cases
Chartered Institute of Taxation of Nigeria v. Institute of Chartered Accountant of Nigeria.: N.R.L.R 1 at p. 10 holden 1 (2013)
Books
Smith, A.: Wealth of the Nation. New York Bantam, Dell
Adedokun K.A.: Enforcement and Recovery of Income tax in Nigeria: Law Practice and Procedure. Corporate Transaction Limited Lagos (2010)
Hornby A.S.: Oxford Advanced Learner Dictionary International Student edition, 7th edn. Oxford University Press, New York (1997)
Ijaodola, R.: The tax certificate in Nigeria: the current problem. In: Abifarin, F. (ed.) Modern Trends in Tax, Law, and Administration and Practice in Nigeria. Juniper Publications, Makurdi (2013)
Olokooba, S.M., Kareem, A.A., Adimula, B., Akintoye, A.: Tax education and mobilization. a means to sustainable development in Nigeria. In: Bondzi-Simpson, P.E. et al. (ed.) Law and Sustainable Development in Africa. Grosvenor House Publishing Ltd. UK (2012)
Journals
Nangih, E., Idatoru, A.R., Kumah, L.J.: Voluntary assets and income declaration scheme (VAIDS) implementation in Nigeria: a case of an ‘executive order’ with many faces. J. Account. Financ. Manag. 4(6) (2018) (IIARD – International Institute of Academic Research and Development)
Olokooba, S.M., Ali Chineye, F.: Tax enforcing of the self employed persons income in Nigeria: issues, challenges and solutions. Lead City Univ. Law J. 2(1) (2016)
Olokooba, S.M., Kareem, A.A., Zakariyau, L.K.: Ambiguities in the Nigerian tax laws. Ife Juris Rev. (2014)
Workshop
Ipaye, A.: Tax collection and Government Responsibility under an International Economic Recession. Being a paper presented at the 1st Akwa-Ibom State Revenue summit, April 6–7 (2009)
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Olokooba, S.M. (2019). Policy Administration in the Contemporary Nigerian Tax Environment. In: Nigerian Taxation. Springer, Singapore. https://doi.org/10.1007/978-981-13-2607-3_13
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