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With a population of over 150 million people, Nigeria is the most populous country in Africa. Political unrest, poor governance and corruption have led to decades of water shortages, while the population has increased rapidly. Though there is surface and ground water, rapid population growth, particularly in urban areas, has not been supported with addition...
TOR :- Consultancy for Tax Services
: FINANCE AND IT DEPARTMENT
Assignment Title and Reference
TAX CONSULTANT
Justification
WaterAid (WANG) sought to ensure compliance with various tax laws operating in-country. These includes: Personal Income Tax - Pay As You Earn (PAYE), Withholding Tax (WHT) and Value Added Tax (VAT). However, these laws are often amended and new provisions made which WaterAid may not be aware of or lack expertise to professionally interpret the law.
PAYE deduction accounts for an average of 15% of staff monthly salary. Some staff are of the view that there are reliefs that WANG is not considering in the computation of staff PAYE liability. For example – non-payroll benefits such as health insurance, life assurance policy and GPC/WC which some staff believes should be added to their income to take advantage of the tax reliefs since this was expressly communicated in their letter of appointments.
WANG approach to the contributory Pension scheme is that the employer pays 10% and the employee 8% in compliance with the law. Based on this, the allowable tax relief is only applied to the employee contribution of 8%. However, some staff complained that they are supposed to get relief based on the total contribution of 18% irrespective of whether the employer pays 10% as pension contribution.
One of the findings from the recently concluded 2020/21 financial year external audit is the deduction and remittance of WHT is not in line with the extant tax legislation. Some deductions were remitted to a wrong Tax Authority. An assessment by a tax expert will determine the amount of wrong withholding tax remittance and provide guidance on how to deal with this.
Another finding from the 2020/21 external audit is that some of our vendor and service providers in the service providers database did not provide evidence of tax clearance certificate before we formally engaged their services. Following the strict tax enforcement by the government on tax compliance by all taxpayers, there is need to determine vendors on WANG database with no evidence of tax clearance certificate and guidance on how to ensure compliance.
Value Added Tax is a consumption tax which suppliers of goods and services are to deduct and remit to government. WANG has been using her registration document with National Planning Commission (NPC) as not liable to VAT to avoid paying VAT. We need to further clarify this position with an expert that our registration status actually allows us not to pay VAT. There are also legal requirements to file 0-rated VAT returns by specific categories of non-governmental organisations. We have not been filling this returns. There is need to be properly guided on how to comply with this requirement.
Though we have consistently obtained Tax Clearance Certificate (TCC) for all staff remitting PAYE to FCT IRS annually, we need proper guidance and support on how to file for TCC for staff remitting their PAYE to other state internal revenue services.
Objectives
Deliverables
Impact/
Outcome
WANG will be up to date with the implementation of PAYE, WHT and VAT and to mitigate incurring tax liability in the event of an audit or inspection by the regulatory authority.
Provide assurance to UK Finance and SMT on WANG’s compliance with all relevant tax laws in Nigeria.
WANG Finance staff and SMT properly guided and able to set a system that ensures continuous compliance with the Nigeria tax laws
Guidance document from the Consultant will be used by Finance staff to train and ensure compliance from staff and partners on tax issues and also serve as a reference document.
To forestall reputational damage to WaterAid where Suppliers / Consultants find out that WHT deducted were remitted to a wrong tax authority and they are unable to obtain corporate TCC.
Scope
Methodology
The Consultant will liaise with the Federal Inland Revenue Services, FCT Internal Revenue Service and other relevant states Internal Revenue Services in the course of discharging the terms of this contract.
Person Specific
Milestone plan
Communications Strategy
Budget and funding source
This activity will be funded from FIT Budget for 2021/22 financial year. This is critical to addressing one of the high risks recommendations from the external audit management letter and to give assurance to SMT and staff that there are no potential risks due inadvertent actions.
Apply
Submission should cover the areas mentioned below
Interested and qualified consultants should please submit their proposals with all the required information and documents to procurementng@wateraid.org.
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