FIRS Grants Succour To Taxpayers With Outstanding Foreign Currency Tax Liabilities

BY COBHAM NSA – The Federal Inland Revenue Service (FIRS) says taxpayers with outstanding foreign currency tax liabilities can now take advantage of its one-month window to settle these liabilities in Naira.

The grace period extends from March 1, 2022, to March 31, 2022 according to a Public Notice released by the Service and signed by its Executive Chairman, Muhammad Nami.

According to the FIRS, the development follows repeated requests and enquiries from taxpayers on challenges being encountered in sourcing for foreign currencies to offset their outstanding tax liabilities.

The notice said; “In view of the number of requests, enquiries and the challenges encountered by the taxpaying public in sourcing for foreign currencies to offset outstanding tax liabilities, the Federal Inland Revenue Service (“the Service”) wishes to inform our esteemed taxpayers that a one-month window has now been opened for this category of taxpayers to settle their foreign currency tax liabilities in Naira with effect from the 1st of March, 2022 to 31st of March, 2022.”

In explaining that the concession is a one-off window because the law only permits that the currency a taxpayer transacts in is the currency with which the tax is to be paid, the Service said; “The extant provision is that the currency of the transaction should be the currency with which the tax is paid. However, this is a one-off window/concession, and the Service would no longer entertain any such request from the taxpaying public.”

The Notice further stated; “The applicable rate shall be the Investors and Exporters (I&E) Foreign Exchange Rate of the Central Bank of Nigeria (CBN) prevailing on the date of the transaction and or when the tax obligation falls due.

The Notice explained that the window covers all such liabilities that were due for payment on or before 31st December, 2021, and for all taxes except the Petroleum Profit Tax.

A statement by the Special Assistant to the FIRS Executive Chairman on Media and Communication, Johannes Oluwatobi Wojuola quoted the notice as saying; “This concession is available to all taxpayers, covers all tax types, and all foreign currency tax liabilities falling due on or before 31st December 2021, except for companies in the Upstream (Oil & Gas) Sector, and the Petroleum Profits Tax.”

However, the statement said to benefit from the offer, taxpayers within this category are expected to make all payment before 31st March, 2022 and upon payment, the relevant documents relating to the transaction together with the evidence of payment must be forwarded to the Office of the Executive Chairman, and a copy submitted to the local tax office where the taxpayer’s file is domiciled.