Mr. Drury is a sole proprietor who has approached you regarding the assessment given to him by the tax authority. He has registered his intention to object to the assessment and needs your professional advice.

You are required to explain briefly the following:
a. Grounds for a valid objection to a tax assessment (3 Marks)
b. The composition of the Joint Tax Board (2 Marks)
c. Functions of the Joint Tax Board (5 Marks)
d. Taxes that are exclusively collectible by the Federal Inland Revenue Service (5 Marks)
e. Taxes that are collectible by both the Federal Inland Revenue Service and State Internal Revenue Service (5 Marks

(a) Grounds for a valid objection to a tax assessment
These include:
i. State the precise grounds of objection;
ii. The objection must be submitted within 30 days of receiving the Notice
of Assessment; and
iii. The Notice of objection must be in writing and addressed to the
Chairman, Federal Inland Revenue Service or the State Internal Revenue
Service.

b. Composition of the Joint Tax Board:
The Joint Tax Board (JTB) is composed of the following members:

  1. Chairman: The Chairman of the Federal Inland Revenue Service (FIRS), who also serves as the Chairman of the JTB.
  2. Representatives of each state: The heads of the State Internal Revenue Services (SIRS) or their representatives.
  3. Secretary: A secretary who is appointed to coordinate the activities of the JTB but does not have voting rights.

c. Functions of the Joint Tax Board (JTB):

  1. Harmonization of tax laws: The JTB advises on the harmonization and coordination of tax administration across Nigeria.
  2. Resolution of disputes: It resolves tax disputes between states or between states and the federal government.
  3. Advice on uniformity: It advises the government on the application of uniform tax rates and procedures across the country.
  4. Assessment and reporting: The JTB ensures consistent tax assessment and reporting across different states.
  5. Coordination of tax reforms: It plays a role in the development and coordination of tax reforms to enhance tax administration in Nigeria.

d. Taxes that are exclusively collectible by the Federal Inland Revenue Service (FIRS):

  1. Companies Income Tax (CIT)
  2. Petroleum Profits Tax (PPT)
  3. Value Added Tax (VAT)
  4. Capital Gains Tax (for corporate bodies and FCT residents)
  5. Stamp Duties (on instruments executed by corporate bodies and FCT residents)

e. Taxes that are collectible by both the Federal Inland Revenue Service (FIRS) and State Internal Revenue Service (SIRS):

  1. Personal Income Tax (PIT): For employees in the public and private sectors, under the Pay-As-You-Earn (PAYE) system and direct assessments for individuals.
  2. Withholding Tax (WHT): For individuals and corporate entities, depending on the nature of the transaction.
  3. Capital Gains Tax (CGT): For individuals (collected by SIRS) and for companies (collected by FIRS).
  4. Stamp Duties: On transactions executed by individuals (SIRS) and corporate bodies (FIRS).
  5. National Information Technology Development Levy (NITDL): Collected by FIRS from companies, but the revenue benefits both federal and state-level IT projects.