ICAN 2024 Advanced Taxation | Mixed

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Question 1 View Details
Case Stimulus
Soft Farm and Agro-Allied Limited, a subsidiary of Emperor Agro Incorporated, Italy, was incorporated in Nigeria in January 2018. Soft Farm and Agro-Allied Limited produces palm kernel for domestic use and export to the European market. The Managing Director of the company has just received a letter from the head office (parent company) of an impending visits occasioned by poor business performance (below the group’s return on investment benchmark of 25%) since commencement of the business, in spite of financial and technical supports rendered by the parent company. It would be recalled that in January 2022, the parent company granted the loan request of N100 million to Soft Farm and Agro-Allied Limited for business expansion. The Board has scheduled a special meeting for next month for the consideration of the financial report of Soft Farm and Agro-Allied Limited for the year ended December 31, 2022 and review of past financial reports and tax assessments. As the newly engaged Tax Consultant to the company, you have been invited to be part of the meeting for the purpose of providing professional opinion on tax related issues that may arise. To help you prepare adequately for the meeting, the Financial Accountant has been directed by the Managing Director to make available to you the financial statements for all the periods under review, books of accounts, returns filed with tax authorities and other supporting documents. You noted from the preliminary review of the financial report for the year ended December 31, 2022, an item that requires further discussions with management of the company. This issue is in respect of interest paid on loan obtained from the parent company.
Additional Information
{ "title": "Extract from the financial statements for the year ended December 31, 2022", "content": "Gross turnover: Domestic sales 147,500 Export sales 200,100 Other operating income 3,300 Total gross turnover 350,900 Deduct: Staff salary 122,600 Ground rent paid to the State government 3,200 Motor running expenses 1,750 Audit and accountancy fee s 1,000 Repairs and maintenance 5,800 Depreciation of assets 38,240 Rent paid 1,850 Power and lightning 5,400 Legal cost 5,000 Rates (water) 2,100 Allowance for doubtful debts 10,500 Donations 4,000 Interest and other finance costs paid 15,600 Income tax provision 23,400 General expenses 5,900 246,340 Net profit 104,560" }
{ "title": "Additional Information", "content": "(i) Export sales 20% of the export sales was made to the parent company at the prevailing international market price.\n(ii) Other operating income: N’000 Dividend received (net) 2,700 Profit from disposal of non-current asset 600 3,300\n(iii) Repairs and maintenance: N’000 Repairs of plantation equipment 1,200 Repairs to premises (non-industrial building) 900 Expansion to warehouse (industrial building) 3,700 5,800\n(iv) Rent paid: This is in respect of accommodation for the newly employed General Manager, whose basic salary is N4,800,000.\n(v) Legal cost: N’000 Cost of income tax appeal 850 Cost of debt collection 1,300 Cost of acquiring new lease 1,700 Renewal of old lease 1,150 5,000\n(vi) Allowance for doubtful debts: N’000 Specific provisions 5,230 General provisions 7,870 Bad debts recovered (2,600) 10,500\n(vii) Donations: N’000 Palm Oil Research Institute 1,400 National Library 600 Cocoa Research Institute of Nigeria 1,000 Women Society of the host community 1,000 4,000\n(viii) Interest and other finance costs paid In January 2022, the company obtained a loan facility of N100 million from the parent company for the purpose of expansion of the business at a competitive interest rate of 12% per annum. The duration of the facility is 10 years. The company is expected to pay interest due for the first 3 years, while from years 4 to 10, both principal and interest dues are to be paid at the end of each year. The balance as shown in the financial statements is attributed to other finance cost and bank charges paid to domestic deposit money banks on various accounts operated by the company.\n(ix) General expenses: N’000 Wedding gift to staff 350 Fine imposed on a company’s driver for traffic offense 150 Haulage expenses 3,200 Transport and travelling 2,200 5,900\n(x) Schedule of prior years’ turnover and assessable profits: Year ended December 31 Turnover Assessable profit N’000 N’000 2018 154,400 78,750 2019 198,600 95,120 2020 310,300 142,800 2021 314,900 166,900\n(xi) Schedule of qualifying capital expenditure incurred: Date of acquisition Asset type Amount N’000 August 31, 2017 Plantation equipment 4,600 August 31, 2017 Industrial building 12,000 August 31, 2017 Non-industrial building 9,000 January 1, 2018 Motor vehicles (3) 8,400 January 1, 2018 Furniture and fittings (10) 1,500 February 14, 2021 Motor vehicles (2) 5,600 June 12, 2022 Furniture and fittings (10) 2,000 July 8, 2022 Research and development 7,000" }
Requirements
(a)
Treatments of excess amount of deductible interest paid
(b)
Adjusted profit of the company for the year ended December 31, 2022
(c)
Tax liabilities for all the relevant assessment years
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Question 2 View Details
Case Stimulus
New Rain Petroleum Company Limited has been operating in the onshore and shallow water areas of the Niger Delta region for over fifteen years. The company was granted a petroleum mining lease licence in January 2021. In its bid to improve profitability, the company’s management intends to apply for licence to operate in the deep sea area as from 2025. The decision of the management is expected to be laid before the members of the company at the 2023 annual general meeting, which comes up in the second half of 2024. The following was extracted from the book of accounts of the company for the year ended December 31, 2023: Income: N’ million N’ million Fiscal value of crude oil sold (note 1) 191,100 Value of condensate from associated gas sold (note 1) 84,474 Value of natural gas liquid from associated gas sold (note 1) 55,328 Other incidental income 151 Realised exchange gain 38 Gross total income 331,091 Expenses/deductions: Royalty incurred and paid 86,200 First exploration wells cost 6,800 First two appraisal wells costs 18,700 Joint cost- terminalling 12,000 Gas reinjection wells cost 3,420 Salaries and wages 9,300 Power cost 1,650 NDDC charge 125 Concessional rentals 60,430 Depreciation of assets 13,860 Allowance for doubtful debts (note 3) 2,400 Host community trust fund contribution 4,800 Stamp duty 16 Staff welfare 350 Travelling 180 Donations and subscription (note 4) 6 Decommissioning and abandonment 1,300 Environment remediation fund contribution 1,250 General expenses (note 5) 500 Finance costs 1,750 225,037 Net profit 106,054
Additional Information
{ "title": "Additional Information", "content": "(i) Data on crude oil; condensate from associated gas sold; and natural gas liquid from associated gas sold; Category Quantity (million barrels) Actual price USD Fiscal price USD Crude oil 5.25 70 72 Condensate from associated gas 3.61 45 44 Natural gas liquid from associated gas 2.80 38 40\n(ii) Omitted from the records was a balancing charge of N1, 500,000 made from disposal of an old oil equipment platform;\n(iii) Allowance for doubtful debts: N’ million Specific provisions 900 General provisions 1,500 2,400\n(iv) Donations and subscription: N’ million Recognised orphanage homes 3.0 Host community’s cultural group 2.0 Subscription to oil and gas association 1.0 6.0\n(v) General expenses: N’ million Penalty for gas flare 250 Printing of stationery items 140 State government levy 110 500\n(vi) Agreed capital allowances: N’ million Brought forward 167 For the year 2,105 2,272\n(vii) Production allowance: N’ million Onshore operations 900 Shallow water operation 1,700 2,600\n(viii) The exchange rate averaged N520 to 1 USD during the year; and (ix) Assume the tax liabilities are to be paid in domestic (Naira) currency." }
Requirements
(a)
Hydrocarbon tax payable in the relevant assessment year
(b)
The tax implications, if the company decides to involve or invest in deep offshore areas
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Question 3 View Details
Case Stimulus
Lagode Nigeria Limited, a company based in Lagos, Nigeria, commenced operations as a manufacturer of indigenous fabrics/ clothing materials in 2013. The finished products are sold to wholesalers and retailers in Nigeria and Africans in diaspora. There is usually a brisk market during annual holiday periods when Nigerians, in particular, come home for visitations and while returning to their foreign destinations purchase some of these finished fabrics for personal use and/or resale purposes. A market survey conducted by Lagode Nigeria Limited in October 2018 revealed that there was no company in the North American continent that was into the manufacturing of local Nigerian fabrics; hence the opportunity for the company to enter the market. The resolution of the Board of the company in one of its meetings in 2019 favoured the establishment of a branch of the company in Canada. Kuramo Incorp., Ottawa, was therefore registered and started operations in January 2020. The company has been operating successfully with gross turnover and profits generated from its operations more than that in Lagos (Head office), in each of the last three years. The business operating results of the two companies for the year ended December 31, 2022 revealed the following: Lagos, Nigeria Ottawa, Canada N’000 N’000 Gross turnover 180,200 330,800 Less: Expenses Cost of materials 72,100 162,320 Wages and salaries 18,050 42,120 Finance costs 1,400 3,150 Miscellaneous 4,600 5,270 Depreciation of plant and equipment 5,760 8,750 Share of head office expenses 25,600 16,040 Foreign tax paid - 18,900 Total expenses 127,510 256,550 Net profit 52,690 74,250
Additional Information
{ "title": "Additional Information", "content": "(i) The Ottawa branch is a wholly owned Nigerian company.\n(ii) All the items classified in miscellaneous expenses are allowable for tax purposes.\n(iii) Capital allowances as agreed with the Nigerian tax authorities comprise: N’000 Lagos operations 6,800 Ottawa operations 9,900\n(iv) The exchange rate used in the conversion of the Canadian operation’s transactions to Nigerian currency (Naira) is fair and appropriate.\n(v) There is no double taxation agreement between Nigeria and Canada." }
Requirements
(a)
Compute the double taxation relief (if any) available to the Nigerian company
(b)
Advise on the tax liabilities of the Nigerian company for the relevant assessment year
(c)
Comment on the implications of double taxation agreement on withholding tax deductions by a company resident in a country: (i) With no double taxation agreement with Nigeria (ii) With double taxation treaty with Nigeria
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Question 4 View Details
Case Stimulus
Professional ethics are essential for building trust and credibility with clients, colleagues and the society at large. The integrity and reputation of the profession are also maintained by members who are required to demonstrate ethical and globally accepted professional behaviours. It is on this premise that a retreat on “Ethics and professionalism in tax management in Nigeria” is to be organised by a reputable professional accounting firm, for its newly employed audit officers and tax consultants. Your professional accounting firm has been invited to send a resource person to present a paper at the workshop.
Requirements
(a)
Categories of threats that may pose a challenge to compliance with fundamental principles of accounting profession.
(b)
Safeguards that can be used to eliminate or reduce the identified threats.
(c)
Identification of specific legal and ethical issues that could arise from tax engagements.
(d)
Powers available to The Institute of Chartered Accountants of Nigeria (ICAN) in enforcing the ethical standards of its members.
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Question 5 View Details
Case Stimulus
The Nigeria Extractive Industries Transparency Initiative (NEITI) was established through the NEITI Act, 2007. The body has the responsibility for the development of a framework for transparency and accountability in the reporting and disclosure of revenue due to or paid to the Federal Government by companies in the extractive industry. In the same vein, the National Tax Policy, 2017, expressly stipulates the responsibilities of the various stakeholders towards the achievement of efficient tax administration in Nigeria.
Requirements
(a)
Discuss the vision, mission and FOUR primary objectives of NEITI as provided for in the enabling Act.
(b)
Explain THREE responsibilities of each of the under listed stakeholders as provided for in the National Tax Policy, 2017: (i) The government (ii) The taxpayer (iii) Revenue agencies
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Question 6 View Details
Case Stimulus
Kanadu Nigeria Limited is a manufacturer of leather shoes, bags and allied accessories since 2017. The recent changes in the taste of customers, particularly the quest for imported, cheaper leather shoes and bags, have had negative impact on the company’s profits. The management has decided to re-organise the business in a way to satisfy the customers better. The following transactions were extracted from the books of the company: (i) June 2017: Acquisition of an acre of land at the outskirt of the State capital for N8,500,000. The company spent an additional amount of N1,500,000 to sand fill the land; (ii) August 2017: A factory was built on the acquired land for the purpose of the business at a cost of N65,000,000; (iii) May 2022: Sold part of the factory’s land for N25,500,000; (iv) The market value of the remaining property unsold, as valued by a professional valuer, at the time of disposal in May 2022, was N99,500,000; (v) July 2023: Acquisition of a new acre of land in the town for N45,000,000 (utilised all the proceeds from the disposal of the land). This is expected to be used for construction of another factory in the same line of business. The company’s General Manager, who is an engineer, has just engaged your professional accounting firm as its tax consultants.
Requirements
(a)
Capital gains tax payable in line with the provisions of Capital Gains Tax Cap C1 LFN 2004 (as amended)
(b)
New cost of undisposed property
(c)
The roll-over relief (if any) the company is entitled to
(d)
Due date(s) for the payment of tax liabilities
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Question 7 View Details
Case Stimulus
Abakali Limited is a company engaged in the manufacturing of three variants of beverages. The products of the company are well received by the consumers as the company now controls about 55% of the domestic market. The “chocolate” brand is the top earners for the company. According to a recent newspaper review, “it has the same quality as those imported into the country from the western world”. The Board of the company has at one of its meetings decided to enter the West African market in 2024 and by 2026, the European market, through: (i) Establishment of depots in major cities of four neighbouring countries (Republic of Benin, Togo, Ghana and Niger) and goods will be transported by road; and (ii) Incorporation of a branch in a European country; initially serving as a depot, but within the following 2 years, full production will commence. As stressed by one of the directors at the meeting, the major challenge the company has to sort out before the foray into these new markets, is the strategy to mitigate the negative impact of high tax rates (in Europe and West African countries) on the profits of the company, for better returns on investment to be achieved. A director, who had earlier worked in an international company, suggested the use of “treaty shopping” as a tax planning strategy in the location of the branch office in Europe. He equally pointed out that the Economic Community of West African States (ECOWAS) common external tariff framework has provided solution to the issue of different tax regimes in the sub-region. Most of the members of the Board are not conversant with the concept of “treaty shopping” and ECOWAS common external tariff framework, and has therefore requested for professional advice on these issues. The Managing Director, on behalf of the Board, has approached your professional accounting firm to provide advice on the salient points raised in the meeting.
Requirements
(a)
Explanation of the concept and practice of “treaty shopping”
(b)
Discussion the strategies employed by various countries in curbing treaty shopping in international transactions
(c)
Discussion on the features of ECOWAS common external tariff framework
(d)
Comment on the trade defense measures put in place to guide the operations of the common external tariff framework
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