Comparative Study of Assessment, Collection and Evasion of Tax in Nigeria - A Study of Selected Local Government Areas in Rivers State



ABSTRACT

The need for this study is based on the fact that presently revenues from taxes are less than government projections. This is more important when the tax system in principle has the potential for increasing revenue at the local government level. Relevant data were collected from staff of the two case studies (Port Harcourt and Obio/Akpor Local Government Area). The data collected were analyzed using percentage and averages. Based on the analysis it was found that a lot of problems militate against effective assessment and collection of taxes. These problems have facilitated evasion of taxes. The problems are: identification of the person to be assessed, identification of income for tax purposes, lack of public enlightenment, unfaithfulness in tax officials, defects in tax laws and concealment of profit. The study concluded that there is an involuntary compliance and low honesty among the tax payers and that high rate of tax has militated against voluntary compliance. There is mass ignorance on the issue of tax among the populace. Finally, the study recommends that there should be public enlightenment, honest and objective tax personnel, judicious application of tax revenue and reduction of tax rate.

                                                                                                                             109 Pages 

Project Reference Code: C003



CHAPTER ONE
GENERAL INTRODUCTION
1.1.           INTRODUCTION
The international Encyclopedia of social sciences defined taxation as a general concept for a device used by Governments to extract money or valuable articles from members of the community and organizations (companies) by the use of law. In other words it is a levy charged by government either Central, state or local government. There is no government on its own who can adequately provide all needs of people, hence to involve the people in the provision of certain amenities, they are taxed according to their sources of income.
Few tax payers enjoy paying taxes although many regard it as a public duty to pay their fair share of money required by the government, which of course comes back to them in the form of social services. Some citizens admit this duty, but d not make same view as legislature as to what is their fair share; others have the simple philosophy  that the tax collector is a public enemy.
In developed countries, taxation has come to be accepted not only as a necessary civic responsibility but also a way of life once it involves the generation of revenue for a common purpose. But unfortunately in Nigeria, taxation is regarded by the vast majority of the people as an instrument of oppression by the government. However, this conception has its roots in colonial days when the local agents of the colonial government forced the people to pay all forms of obnoxious taxes irrespective of their means. Although  this was the situation of things several decades ago, it traits have stubbornly persisted even till now.
Owing to the economic situation in Nigeria, there is a conscious drive for getting the members of the public to be alive to their civic responsibility i.e. payment of tax. Concerning this in the business community, a combination of several factors make it possible for many of them to conveniently evade payment of tax. Surprising also, some corporate bodies evade the payment of tax.  This is rather a very serious matter of concern because corporate tax has come to be one of major sources of revenue in most countries. A situation like this calls for urgent decisive and for reaching measure to ensure a long term solution.
1.2.           STATEMENT OF THE PROBLEM
1.3.           PURPOSE OF THE STUDY
1.4.           RESEARCH QUESTIONS
1.5.           RESEARCH HYPOTHESES
1.6.           SIGNIFICANCE OF THE STUDY
1.7.           SCOPE AND LIMITATION OF THE STUDY

CHAPTER TWO
REVIEW OF RELATED LITERATURE
2.1.      INTRODUCTION
Tax according to Agyei (1983) could be defined as the transfer of resources from the private to the public sector in order to accomplish some of a nation’s economic and social goals. The primary economic goal of developing countries is to increase the rate of economic growth and hence the per capital income which will lead to higher standard of living. J. F. Duel (1983) recognizes two major accomplishments as requirements for the attainment of this goal.
1.               Provision of additional basic governmental services, particularly in education, public health and transport, which are imperative for the growth of the remainder of the economy.
2.               A higher rate of capital formation in production facilities, whether undertaken in the governmental or private sectors. The specific goal, is of course, not the highest rate of capital formation but the lowest rate that will permit the maximum rate of growth in GNP regarded as feasible under the circumstances”.
Broadly, it could be said that there are three main methods of financing economic expenditure open to most developing countries.
a.      Taxes and other current receipts such as the profits of public
b.      Loans; and
c.      Grants
Of these sources, taxation is perhaps the most important, since the level of government expenditure is to a great extent dependent on the ability of the tax system to place the required revenue at the disposal of the government.
Thus as T.J. Chelliah (1983) asserts, taxation might be used to accomplish  the following objectives.
a.                  Restraining or curtailing consumption and thus transferring resources from consumption to investment .
b.                  Increasing the  incentives to save and invest.
c.                  Modifying the pattern of   investment.
d.                  Transferring resources from the hands of the public of the hands of the state to make possible investment.
e.                  Mitigating economic inequalities”.
These objective are related to the ultimate goals of rapid increase in national income and of the direction of economic development. As already discussed, the various forms of taxation could be classified under two main headings-Indirect and Direct.
There are five Acts governing the Nigerian taxation namely:
1.                  Income tax management Act 1961 (I.T.M.A)
2.                  The companies income tax Act 1961 and 1979 (CI.T.A)
3.                  Petroleum profits tax Act (P.P.T.A) 1959
4.                  Capital transfer Act 1979 (C.T.A)
5.                  Capital gain Tax 1967 (C.G.T.A)
2.2.                    TAX ADMINISTRATIVE MACHINERY IN NIGERIA
2.3.                       THE FEDERAL BOARD OF INLAND SERVICE
2.4.                       THE BODY OF APPEAL COMMISSIONERS
2.5.                       JOINT TAX BOARD
2.6.                       STATE BOARD OF INTERNAL REVENUE
2.7.      METHODS OF TAX COLLECTION
2.8                         PAYMENT OF TAXES
2.9                         RETURNS
2.10    PENALTIES
2.11                     FUNCTIONS OF THE LOCAL GOVERNMENT COUNCIL
2.12                     CHAIRMAN OF THE COUNCIL
2.13                     FUNCTIONS OF THE CHAIRMAN
2.14    FINANCE AND GENERAL PURPOSE COMMITTEE
2.15.   THE LOCAL GOVERNMENT TREASURER
2.16.   HEAD OF PERSONNEL (CLERK OR SECRETARY TO THE LOCAL GOVERNMENT)
2.17.   THE COUNCIL
2.18    BOOKS OF ACCOUNTS
2.19.   FINANCIAL MEMORANDA
2.20.  SOURCES OF REVENUE AVAILABLE TO PORT HARCOURT AND OBIO/AKPOR LOCAL GOVERNMENT AUTHORITIES
2.21.   TAX EVASION
2.22.   LEGISLATIVE MEANING
2.23.         JUDICIAL MEANING
2.24  METHODS OF TAX EVASION
2.25.   EXTENT OF TAX EVASION
2.26    REASONS FOR TAX EVASION
2.27.   THE PROBLEMS OF ASSESSMENT AND COLLECTION
2.28    PROBLEMS OF ASSESSMENT
2.29.   THE LEGAL BASE
2.30.   DEFECTS IN THE TAX LAW
2.31.   PROBLEMS OF ECONOMIC BASE OR TAX BASE
2.32.   THE USE OF TAX CLEARANCE CERTIFICATE 


CHAPTER THREE
RESEARCH METHODOLOGY
3.0       INTRODUCTION
3.1       POPULATION DESCRIPTION
Kinner and Taylor 91979) have defined the study population as the aggregate of elements from which the sample is actually selected. The present work is on comparative study of assessment, collection and evasion of tax in Port Harcourt and Obio/Akpor Local Government Areas. “Therefore all Taxable individuals and Tax authority operating within these two local governments qualify as possible respondents to this study. However, due to time and financial constraints, the researcher did not find it possible to conduct the study with all taxable individuals existing in the local governments. But the researcher will still like to generalize its findings.
3.2       THE SAMPLE AND METHOD OF SELECTION
3.3       RESEARCH DESIGN
3.4       SOURCES OF DATA
3.5       METHODS OF DATA COLLECTION
3.6       METHOD OF ORGANIZING DATA
3.7       METHODS OF DATA ANALYSIS


CHAPTER FOUR
ANALYSIS OF DATA AND DISCUSSION OF FINDINGS
4.0       INTRODUCTION
The major purpose of this research was to assess the operation of the tax system of two Local Government Areas. To facilitate the accomplishment of this objective, two sets of questionnaire were designed. One was addressed to the Tax authority and the other to the Taxable individuals. There were thirty- two questions in the one addressed to the Taxable individuals and the one addressed to the Tax authority had forty-two questions. Some of the questions required a YES OR NO answer, while others asked for a detailed explanation in the space provided. There were also a multiple choice questions in the questionnaire.
This chapter is divided into:
(i)                Analysis and interpretation of data; and
(ii)             Discussion of findings.
4.1       ANALYSIS AND INTERPRETATION OF DATA
A total of forty copies of questionnaire were distributed to the two categories of respondents and the same number were dully completed and returned and were used as sample size for the conclusion drawn in this study. The forty completed copies of the questionnaire constitutes 100% response. A break down of the respondents are shown in table 4.1 below:
TABLE 4.1:  BREAKDOWN OF RESPONDENTS

CHAPTER FIVE
DISCUSSION OF FINDINGS
This research work bothers on the assessment, collection and evasion of tax in Port Harcourt and Obio/Akpor Local Government Areas. The survey has identified some inherent problems associated with the operation of taxation system in the sampled areas.
The analysis revealed that the administrators of taxes were unable to cope with the situation or they do not realize enough revenue as a result of attitude of Nigerians in paying tax. The nonchalant attitude of the people in the two Local Government Areas in disclosing the true position of their income through proper record keeping has contributed to low revenue from tax. “This corroborates the view of Oladunjoye (1995) which says the degree of voluntary compliance with tax laws in the Country is as low as the degree of dishonesty in the financial matter. You find person liable to tax hiding from the tax authority.
The ready willingness of many tax officials to be bribed asserts a domineering influence on tax evasion. This corroborates the view of Salawu (1998) when he said “unfaithfulness and corruption in tax officials also contributes to low rate of tax return, some went to the extent of printing receipts for themselves.
Another revelation was that high tax rate and arbitrary imposition of levies by government. The respondents are of the opinion that the very high rate of tax has contributed greatly to tax evasion in the two Local Governments concerned coupled with the imposition of all sort of levies on the citizenry. The taxpayers are compelled to be unnecessarily aggressive to the tax officials.
The information obtained from interviews conducted with most company’s officials and tax authorities revealed that there was no proper record kept. This is particularly very common among sole-traders that are not obliged under the law to prepare a published account. Many traders do not even maintain any set of accounts, not even a cashbook. This makes it difficult for tax authorities to determine their total taxable income. This is why CAMA has made it mandatory for limited liability companies to publish their accounts. Others may prepare their financial statements fraudulently in a bid to deplete the profit or conceal some items of income. This enables them to evade tax.
The view of Salawu (1998) that says public belief that revenues collected would not be properly utilized and in some cases it is assumed that the collector would convert it for personal use. It is also supported by the outcome of this research. Personal interviews conducted with some of the taxable adults from the two Local Government Areas revealed that some of them see paying of tax as waste of money and resources since sometimes the money is not properly utilized for the masses.
Provision of social amenities by the government from tax revenue will go a long way to motivate tax payers to voluntarily discharge their civic responsibility. Some of the communities are not having good roads; potable pipe-borne water, incessant power failure and absence of medical facilities have militated against willingness of people to pay tax.
Lack of awareness by eligible tax payers due to improper enlightenment by relevant authorities also constitute a drawback in achieving desired revenue targets accruing from taxes. Some part of the town and villages are not well planned, which a times have street numbers, even some houses maintain similar street numbers, also tax payers sometimes don’t bother to notify the tax authorities in their areas on their new address, therefore when tax payers move from one town to another the change is not easily noticed. This view is also supported by Olatunjoye (1995) when he said “the fact that most of our urban centres are not planned, and that street names and numbers are either not existing or difficult to find give ready excuse to the unwilling postman to trace tax payers and deliver letters to them. All these compound the work of the tax man who is determine to trace his tax payers”. Many businessmen and women do successful business without any fixed addresses.
Another revelation from our study is that an additional impediment to the revenue yield to the two Local Governments are the problems of complexity in tax law. This facilitates escape routes to the tax payers. Nigeria transplanted the sophisticated British tax legislation to Nigeria, though it is modified, it does not reflect the needs of the Nigerian.


BIBLIOGRAPHY
Allen, F. and Gale, D. (2003)  “Competition and Financial Stability”. Journal of Money, Credit, and Banking, 36, Pp. 433-480. And Acquisition in Nigeria – Analysis of Performance Pre-and-Post Consolidation’’, Lagos Journal of Banking, Finance and Economic, Vol; 1, Pp.
Allen, F& Gale, D. (2000) Comparing Financial Systems, Cambridge and London: MIT Press.
Amel,D., C. Barnes, F. Panetta, And C. Salleo (2002) “Consolidation And Efficiency In The Financial Sector; A Review Of International Evidence,” Journal Of Banking And Finance, Vol 10,No2,.
Athanasoglou, P.P., Brissimis, S.N. & Delis, M.D. (2005) “Bank-Specific, Industry-Specific And Macroeconomic Determinants Of Bank Profitability”. Bank Of Greece Working Paper, No.
Berger A. N., R. S. Demsetz and P. E. Strahan (1999) “The Consolidation of the Financial Services Industry: Causes, Consequences, and Implications for the Future,” Journal of Banking and Finance 23, 135-194
Bichi, K., (1996). ‘The Genesis of Banks Distress’, Credit News Magazine, 7(1&2), February- March, Pp. 28 – 29.
Bourgeois, L. J. III. 1980. Performance and Consensus. Strategic Management Journal, 1:227-48.


Project Reference Code: C003


The COMPLETE version of this project requires payment of N3500 only

If you like to ORDER the COMPLETE version please contact us on: 0803-544-6622

Via Call or WhatsApp for instructions on how to make payment

The project will be sent to you via E-mail or WhatsApp within ONE HOUR of confirming payment

OR


No comments:

Post a Comment