Curbing Tax Evasion and Avoidance by the Instrumentality of Tax Laws in Nigeria: The UK Example

  • Ojomu Sunday Femiola Department of Commercial and Industrial Law, Adekunle Ajasin University, Akungba Akoko, Ondo State, Nigeria
  • Olateru-Olagbegi Ololade A Department of Public Law, Adekunle Ajasin University, Akungba Akoko, Ondo State, Nigeria
Keywords: Tax Evasion; Tax Avoidance; Tax Dissentives

Abstract

That taxation is a very reliable means of raising revenue is not so debatable, especially where the tax system is meticulously arraigned to take care of tax dissentives. This is indeed a great relief since nations of the world from time immemorial have realized the indispensability of revenue generation in meeting governmental goals. However, greater is the fact that taxation has moved beyond its traditional source of revenue to more encompassing and beneficial status of monetary/economic instrument of overall sustainable development. And so, every nation seeks to attain optimal tax system. But the more the state struggles in this direction (because of its positive spillover effect on the administration of the state), the more the citizens struggle as much as possible to reduce incidence of tax in their daily life and chosen endeavors (because tax reduces available cash and liquidity with profound effect on their purchasing power). Major means of doing this are through tax evasion and avoidance. This paper held the view that apart from the presence of tax dissentives that encouraged tax evasion and avoidance in the Nigerian tax system, even steps at combating these were far from being optimal. It gave useful hints on curbing tax evasion and avoidance in United Kingdom tax system. It adopted a doctrinal method of gathering research materials, relying on primary and secondary sources.

References

Sally Wehmeir (ed.), Oxford Advanced Learner's Dictionary of Current English (7th end, Oxford University Press 2005)1516

For example, in pursuance of Industrial Development (Income Tax Relief) Act Cap I 7 Laws of Federation of Nigeria (LFN), 2010.

For example, in pursuance of Export (Incentives and Miscellaneous Provisions) Act Cap. E 19 Laws of Federation of Nigeria (LFN), 2010.

For example, in pursuance of Oil and Gas (Export Free Zone) Act Cap. 05 LFN, 2010

See PM Bako, 'Factors Influencing Tax Avoidance and Evasion in Nigeria: A Case Study of Wukari, Taraba State’ Journal of Accounting Research [2021] (4) (2) 114 - 126

Foot note 1

Value Added Tax Act Cap.VI LFN, 2010

See other sanctions provided in the various tax legislations such as Company Income Tax Act, Petroleum Profit Tax Act, Personal Income Tax Act, and so on.

Cap. E1 LFN, 2010

See for examples sections 18 and 46 of the Act.

Section 49 (1) of the Act

a. Cap. C 21 LFN, 2010

b. Section 33 (1) of the Act

Unreported Judgement of the Tax Appeal Tribunal delivered August 20, 2019 in Appeal No TAT/SE 2 /001/17

See the case of Nigerian Breweries plc v Abia State Board of Internal Revenue (unreported Judgement of the Tax Appeal Tribunal delivered June 20, 2019 in Appeal No. TAT/SE 2/002/17

See for example Criminal Finances Act, 2017 which criminalises failure of business to prevent facilitation of tax evasion.

For example, cheating the Public Revenue

See for example section 40 of the Federal Inland Revenue Service Act and 18, 20 of the Economic and Financial Crime Commission Act.

Such as section 40 of the Federal Inland Revenue Service Act

At combating tax evasion

Published
2024-10-09
How to Cite
Sunday Femiola, O., & Ololade A, O.-O. (2024). Curbing Tax Evasion and Avoidance by the Instrumentality of Tax Laws in Nigeria: The UK Example. International Journal of Social Science Research and Review, 7(10), 272-281. https://doi.org/10.47814/ijssrr.v7i10.2420