Nigeria: Security deposit before taxpayer can proceed with tax appeal (tribunal decision)

Burden of proof to convince tribunal that a security deposit is required before taxpayer files a tax appeal

Tribunal decision

The Tax Appeal Tribunal (Lagos) issued a decision in a case concerning certain procedural rules and specifically the burden of proof with regard to a security deposit required of taxpayers before they can proceed with a tax appeal.

In this case, the tax authority asserted that because the taxpayer failed to remit a security deposit, the taxpayer did not satisfy conditions for initiating a tax appeal.

The tribunal clarified that the tax authority has the burden of proof to convince the tribunal of the existence of conditions requiring the taxpayer to remit a security deposit before filing a tax appeal.

The case is: Investment Holdings Ltd. v. Federal Inland Revenue Service (8 March 2022) 

Read a March 2022 report prepared by the KPMG member firm in Nigeria

 

The KPMG name and logo are trademarks used under license by the independent member firms of the KPMG global organization. KPMG International Limited is a private English company limited by guarantee and does not provide services to clients. No member firm has any authority to obligate or bind KPMG International or any other member firm vis-à-vis third parties, nor does KPMG International have any such authority to obligate or bind any member firm. The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavor to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future. No one should act on such information without appropriate professional advice after a thorough examination of the particular situation. For more information, contact KPMG's Federal Tax Legislative and Regulatory Services Group at: + 1 202 533 3712, 1801 K Street NW, Washington, DC 20006.