Friday, 15 July 2016

A CRITICAL EXAMINATION OF THE CHALLENGES AND EFFECT OF PERSONAL INCOME TAX ADMINISTRATION IN NIGERIA

CHAPTER ONE
INTRODUCTION
1.1   BACKGROUND OF THE STUDY
The purpose of this work is a modest attempt to evaluate the effect and challenges of the personal income tax administration in Nigeria with a view to ascertaining the extent to which the administration satisfies the optimal criteria of revenue yield, economy, equity, convenience and income redistribution with particular emphasis on Enugu State of Nigeria.
Personal income tax is a compulsory contribution exerted from employees, employers and the self employed persons for the purpose of financing some governmental established function. It also a tax imposed on the incomes of individuals, communities and families. It is also charged on the incomes due to a trustee or an estate.
The personal Income Tax Act, 2004 is now amended by the personal income Tax (Amendment) Act, 2011. This follows many years of agitation for the personal income Tax law in Nigeria to be brought in line with present-day economic realities; and also to assist to increase the compliance levels and the amount of tax voluntarily paid and or collected by the Nigeria government. Some of the highpoints of this new personal income Tax legislation are highlighted in this Tax Alert for your enlightenment and necessary action.   The established functions include: The duty of protecting the society from violence and invasion by other independent states; the duty of protecting  every member of the society from the injustice or operations of other members of the society, the duty of establishing highly beneficial public utility institutions and work which are of such nature that the profit they could earn can make repay the expenses to any individual or to a small number of individuals that may provide them; and the duty of meeting expenses necessary for the support for the sovereignty of the state. The personal income tax in Nigeria is being regulated by the income tax management act of 1961 with series of amendments and personal income decree of 1998.
Personal income tax revenue constitutes one of the major sources of internal revenue to state governments in Nigeria while the statutory allocations from the federal government occupy the premier position. Revenue from the premier sources have remained stagnant due to the oil glut in the international oil market in 1978 followed by the protracted collapse in the crude oil prices in 1982. The inability of the state government to meet the drop in statutory allocation through personal income tax administration and other internal revenue sources compelled them to depend more on foreign assistance.
Taxation is an aspect of public finance in revenue improvement. The sale objective of public finance is to satisfy both merit and social wants. This establishes the rational for progressive taxation. Government subsidization in the form of relief to low-income earners is necessary under progressive personal income tax. The emphasis is one satisfying merit want or necessaries where the actual income is greater than the expected expenses, this forms the basis of tax cut by government to those savings. People falling into the category where marginal propensity to save is dissevers.
The creation of 36 states and full granting of autonomy to local governments in Nigeria has helped to bring administration nearer to the governed. Consequently, the demand for the government services and the need for rapid economic development have increased the need for revenue generation. As government attempts to meet the growing demand for its services it’s recurrent expenditure rises steeply every year. Apart from meeting the rising recurrent, revenue, it has to generate savings (or budget surplus) on the recurrent account for financing the capital expenditure. The state government seems to recognize, that it is by overhauling the tax administration and laws that their meager revenue from personal income tax would greatly increased. Personal income tax administration can be said to have performed creditably, where it achieved adequate revenue and meet the established criteria of equity, economy, certainty, convenience, and income re-distribution.
1.2   STATEMENT OF PROBLEM
Total tax revenue from sources absolutely controlled by the government and the administration of tax laws in the economy has been facing a lot of challenges over the years.
The persistent decline in the revenue were mainly due to less emphasis on the importance of personal income tax as a source of internal revenue generation while the measures introduced under various administrations have not helped in achieving the desired objective.

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