President Buhari Tightens Tax, Money Laundering Rules With New Executive Order

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ABUJA – (State House Report) – The administration of President Muhammadu Buhari has stepped up the regulation on money laundering and tax evasion by releasing a new Executive Order number eight, tagged: Voluntary Offshore Assets Regularization Scheme (VOARS).

The release from the Senior Special Assistant on Media & Publicity to the President, Garba Shehu on Wednesday October 10, 2018 indicates that the new Executive Order (008) takes effect from Monday October 8, 2018 which is the day it was signed by President Muhammadu Buhari.

“By this order, Nigerian taxpayers who hold offshore assets and incomes are expected to within a period of 12 months declare voluntarily those assets and pay taxes on them. When they do this, they should expect to derive certain specified benefits,” the order stated.
According to the order, “any taxpayer who truthfully and voluntarily complies with the conditions of the scheme, pays a one-time levy of 35 percent on the total offshore assets or pays all outstanding taxes, penalties and interests after forensic audit of their offshore assets and income and shall obtain immunity from prosecution for tax offenses and offences related to offshore assets, among others.”

It continued that the “failure of any defaulting taxpayer to take advantage of this scheme shall at the expiration of the scheme result in investigation and enforcement procedures concerning offshore assets anywhere in the world, pursuant to information now readily available through automatic exchange of information between Nigeria and foreign countries.”
In accordance with the new order, the Federal Government through the Office of the Attorney-General of the Federation and Minister of Justice will set up a VOARS in Switzerland for all categories of taxpayers, who have defaulted in the declaration of their offshore assets, payment of taxes due and collectibles, subject to the fulfillment of the terms and conditions stipulated in the order, or any other subsequent complementary regulations that follow.

Garba Shehu further stated that to avoid the abuse of this process, the Federal Government has made it clear that the “scheme is open to all persons, entities and their intermediaries holding offshore assets and are in default of their tax obligations in any way. This he said includes those who are not already under investigation by law enforcement agencies in Nigeria or any other country and have not been charged with any crimes including theft of public funds or obtaining offshore assets through corrupt practices.

The report reverred that in signing the Order, President Buhari has implied that under the Nigerian law, every citizen has the duty to declare his or her income and assets and pay taxes on them, but regretted that in most instances, this has not been the case.

“The sad reality is that efforts to recover these taxes from defaulters through litigation are often frustrated by the complications caused by change in the character and nature of such assets, insufficient financial intelligence, long delays in courts, among several other reasons,” the President said.

President Buhari is optimistic that the new scheme will help to facilitate the expedient regularization of offshore assets connected to Nigeria and lead to a new expanded tax base for the Federal Government, and also fund the Nigeria Infrastructure Fund in Switzerland.