Tax Appeal Tribunal provides criteria for WHT exemption on ‘Sales in the Ordinary Course of Business’
The Tax Appeal Tribunal (TAT) on 1 December 2020, in the case between Tetra Pak and the Federal Inland Revenue Service (FIRS), ruled that the sale of packaging materials, spare parts and equipment by the Company is in the ordinary course of its business and hence not liable to Withholding Tax (WHT).
Tax Appeal Tribunal rules that rent is not subject to VAT
The Tax Appeal Tribunal, in the case between Ess-Ay Holdings Limited (Ess-Ay) and the Federal Inland Revenue Service (FIRS), ruled that rent is not subject to Value Added Tax (VAT).
Tax Appeal Tribunal affirms the six-year limitation rule for tax audit assessments
The Tax Appeal Tribunal on 20 January 2020 in the case between Delta Afrik Engineering Nigeria, affirmed the principle of law that a tax authority may not impose back duty assessments for periods beyond the preceding six (6) years unless it is able to establish fraud, willful default, or neglect.
Tax Appeal Tribunal’s judgement on the taxability of gratuity payments
The Tax Appeal Tribunal sitting in Enugu State on 20 June 2019 delivered a judgment in favour of Nigerian Breweries Plc in a case with Abia State Board of Internal Revenue Service.
TAT’s judgement on employer’s obligation to remit tax on voluntary pension contribution withdrawals
The key issue for determination, amongst others, was whether the Appellant is obliged to deduct and remit pay-as-you-earn (PAYE) taxes on the voluntary pension contribution (VPC) withdrawals made by its employees before the timeline stipulated in the Pension Reform Act, 2014 (PRA).
Federal High Court (FHC) confirms applicability of VAT on services rendered by a foreign entity to a Nigerian entity
Federal High Court (FHC), on 19 June 2018, issued a ruling overturning the decision of Tax Appeal Tribunal (TAT) in the case between Gazprom Oil & Gas Limited (Gazprom or the Company) and Federal Inland Revenue Service (FIRS), on the applicability of value added tax (VAT) on imported services.