Mr. Abiodun James returned to Nigeria after a long sojourn in America. In 2018, he incorporated James and Sons Nigeria Limited.

At the company’s board meeting held in August 2021, the accountant of the company presented the tax query letter received from the Federal Inland Revenue Service (FIRS) for the consideration of the directors. Some of the directors thought that having engaged the services of external auditors, the FIRS should rely on the technical competence of the auditors in ascertaining the correctness of the audited financial statements submitted to them for their review.

The Managing Director explained to the other directors that the administration of taxation on the profits of incorporated companies is vested in the FIRS whose management board is known as Federal Inland Revenue Service Board (FIRSB).

The Federal Inland Revenue Services (Establishment) Act, 2007 (as amended) is relevant.

Required:

a. State FIVE members of the Federal Inland Revenue Service Board. (5 Marks)

b. State and briefly explain FIVE duties and functions of the Federal Inland Revenue Service. (5 Marks)

c. State the basis for tax dispute that may arise with the Revenue. (5 Marks)

a. The Federal Inland Revenue Service Board comprises:

(i) Executive Chairman, who shall be a person experienced in taxation, to be appointed by the President and subject to the confirmation of the Senate;

(ii) Six members with relevant qualifications and expertise, to be appointed by the President to represent each of the six geo-political zones;

(iii) A representative of the Attorney General of the Federation;

(iv) The Governor of the Central Bank of Nigeria or his representative;

(v) The representative of the Minister of Finance not below the rank of a Director;

b. The duties and functions of the Federal Inland Revenue Service include:

(i) Assessment of persons including companies and organisations liable to tax;

(ii) Collection of taxes due to the Government of the Federation;

(iii) Accounting for all taxes collected;

(iv) Enforcement of payment of taxes as provided under the relevant tax laws;

(v) Issuance of Taxpayer Identification Number (TIN) to every taxable person in Nigeria;

c. The basis for tax dispute that may arise with the Revenue include:

(i) Disagreement on amount of tax assessed;

(ii) Disagreement on interpretation of provisions of the tax laws;

(iii) Claiming reliefs and allowances that are not allowed by the tax laws;

(iv) Failure to deduct or remit taxes to the relevant tax authority;

(v) Wrong classification of source of income;