- 15 Marks
Question
As the Chairman of a Tax Summit in Ikeja, Lagos State, the discussion topics were:
- Tax Planning, an Effective Method of Tax Avoidance
- Tax Evasion in a Growing Economy
- Double Taxation – The Provisions and the Impact
- Jurisdiction for Investment – Non-Tax Factors
You are required to:
a) Explain briefly Tax Planning and Anti-Avoidance Legislations put in place by the Government. (3 Marks)
b) Summarize situations that may involve Tax Evasion. (4 Marks)
c) Explain Double Taxation Agreement – Provisions and the Main Objectives. (4 Marks)
d) Summarize Non-tax factors that attract investors in choosing a business jurisdiction. (4 Marks)
Answer
a) Tax Planning and Anti-Avoidance Legislations
Tax planning involves strategically arranging financial activities to minimize tax liability legally, taking advantage of tax deductions, exemptions, and allowances. Anti-avoidance measures prevent artificial tax reduction and include:
- Undistributed Profits: Taxing undistributed profits of controlled companies to prevent deferred dividend distribution.
- Dividend Payment Rules: Taxing dividends paid in excess of profits at 30%.
- Arm’s Length Principle: Ensures transactions among related parties reflect market rates.
- Turnover Assessment: Imposing tax based on turnover when assessable profit is low.
- Transfer Pricing: Regulates pricing among associated enterprisesSituations That May Involve Tax Evasion Tax evasion, or tax fraud, is illegal and includes:
- Failure to file returns or provide required information.
- Incorrect reporting or understatements of income.
- Inflation of claims, such as expense deductions.
- Willful neglect or refusal to pay taxes .
c)tion Agreement – Provisions and Main Objectives
Double Taxation Agreements (DTAs) prevent individuals or companies from being taxed twice on the same income by two different jurisdictions. Main objectives include:
- Avoidance of Double Taxation: Ensures tax is only paid once.
- Information Exchange: Facilitates transparency between tax authorities.
- Economic Cooperation: Encourages cross-border investment and trade.
- Prevention of Fiscal Evasion: Reduces tax evasion across borders .
d) Non-Tax Fattract Investors
Non-tax factors influencing business jurisdiction choice include:
- Economic and Political Stability: Reliable government policies attract investments.
- Legal and Business Infrastructure: Strong legal frameworks ease business operations.
- Effective Communication Channels: Facilitates business networking and efficiency.
- Dispute Resolution Mechanisms: Provides security and stability for foreign investors .
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