Suspend immediate implementation of FIRS Tax Appeal Practice Direction, NACCIMA tells FG
The 3rd Council Meeting of the Nigerian Association of Chambers of Commerce, Industry, Mines and Agriculture,(NACCIMA) rose from its meeting on Thursday, in Akure calling for immediate suspension of implementation of the FIRS Tax Appeal Practice Direction by the Chief Judge of the Federal High Court pending its revision.
The Federal High Court (Federal Inland Revenue Service) Practice Directions, 2021(the Practice Directions) came into effect on 1st June 2021.
It provides a new set of rules for tax litigations concerning the Federal Inland Revenue Service (FIRS). The following among nine others are the key highlights of the Practice Directions:
1.Tax cases that are to be filed at the Federal High Court (FHC) are strictly to be filed at the FHC Judicial Division where the dispute arose.
2. Court processes as well as hearing notices can be served by email, “WhatsApp” or as the Court may direct.
NACCIMA said it was of the firm view that if the Tax Practice Direction, which compels companies to pay 50% of assessed tax to FIRS before any appeal to contest the assessment is allowed to proceed, most businesses in the private sector will practically collapse.
The communiqué of the meeting reads:
“The 3rd Council Meeting of the Nigerian Association of Chambers of Commerce, Industry, Mines and Agriculture,(NACCIMA) rose from its meeting, today, Thursday, 26th August, in Akure calling for immediate suspension of implementation of the FIRS Tax Appeal Practice Direction by the Chief Judge of the Federal High Court pending its revision.
“The Council was of the firm view that if the Tax Practice Direction, which compels companies to pay 50% of assessed tax to FIRS before any appeal to contest the assessment is allowed to proceed, most businesses in the private sector will practically collapse.
“The resolution and call became necessary because feelers from the organised private sector indicate that many businesses have been struggling to survive an unfriendly business environment which has been made even more difficult due to the COVID-19 pandemic.
“Council was convinced that MSMEs which are currently the bedrock of the economy and provide most of the employment will certainly be most hard hit and will not and cannot survive the implementation of Practice Direction, some of which provisions requires enforcement and forfeiture of immovable property, freezing of a taxpayer’s bank account and sealing of their premises. With such action, many of them will go under and collapse under the weight of these provisions of the FIRS Practice Direction.
“The Council, therefore, called for immediate suspension of its implementation to enable a robust stakeholders engagement with the relevant authorities for a revision of the TAX PRACTICE DIRECTION and other onerous tax matters.
