Nigeria: Federal Inland Revenue Service only authority for assessment and collection of taxes (court decision)
A court decision concerning the authority for assessment and collection of taxes
A court decision concerning the authority for assessment and collection of taxes
The Lagos Division of the Federal High Court on 16 January 2023 held that the Economic and Financial Crimes Commission does not have the legal and statutory right to assess or enforce the collection of taxes on behalf of the federal government of Nigeria. The court also affirmed that the Federal Inland Revenue Service is the only body empowered and vested with the statutory duty to assess, collect, and enforce company tax in Nigeria.
The case is: Wheatbaker Investment and Properties Limited v. Economic and Financial Crimes Commission and Federal Inland Revenue Service
KPMG observation
It is hoped that the judgement will discourage the pervasive and recurring practice by government agencies to act outside their statutory mandate and provide impetus to taxpayers to challenge any unlawful invasion of their rights by unauthorised government agencies.
Read a February 2023 report [PDF 1.9 MB] prepared by the KPMG member firm in Nigeria
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