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Tax and Revenue Generation - Pub315
Tax and Revenue Generation - Pub315
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COURSE OUTLINES
1. Introduction
2. Principles of taxation
3. Tax system
4. Determination and computation of assessable income
5. Determination of place of residence
6. Assessment
7. Role of taxation in natural and economic development
March, 2021.
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Comrd. Shola +2348139094260
Tax and Revenue Administration in Nigeria (PUB 315)
OUTLINE ONE
INTRODUCTION/CONCEPTUALISATION
All levels of government need funds to finance their activities. Note that for
government institutions/organizations/establishments/parastatals to function or survive,
they must incur cost in one form or the other. This therefore calls for the need for the
government to look for ways to raise funds/revenues that would be required to take
care of the expenditure and financial obligations of such government
institutions/organizations or parastatals. Interestingly, various sources of finance are
available to the government and these include taxes, royalties, levies, fines, penalties,
loans, grants, and donations given to the government, proceeds from the sale of
government-owned companies, lands, buildings and other assets, profits or surpluses
made by government-owned enterprises, dividends paid to government on shares
owned in companies, interest received on loans made by the government, rent
received on government-owned properties, income from the sale of government
services, etc.
Tax refers to levies made by public authorities with a tax jurisdiction. It also
include any compulsory contributions by the citizenry targeted at defraying parts of
the costs incurred by governments in the course of providing the needs of the society.
Taxation is “the process or machinery by which communities or groups of persons are
made to contribute in some agreed quantum and method for the purpose of the
administration and development of the society”. “Taxation is the transfer of real
economic resources from the private sector to the public sector to finance public
sector activities”.
Although, as of the present day Nigeria, the major source of revenue to the
federal government is simply revenue from the sale of crude oil. Also worthy of
mentioning is the fact that the various states and local governments in Nigeria are
financed mostly through the statutory allocation from the federation account.
Nevertheless, is still a very important source of revenue to both the federal, state and
local government.
Tax as a means of generating revenue for the government started even before the
colonial era. Local chiefs were found of imposing taxes on their subjects where the
subjects paid taxes in kind for security and general running cost for the maintenance
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of the community. But when the colonial administrators came on board, the already
existing system was abolished and a new system was introduced.
For example, in 1904, personal income tax was introduced in Northern Nigeria
(before the amalgamation of the Northern and Southern protectorates in 1914 by Lord
Lugard`s administration) It was later implemented through the Native Revenue
Ordinances (NRO) to the West in 1917 and to the East in 1928 (i.e. after the
amalgamation of the Northern and Southern protectorates). It was later incorporated
into Direct Taxation Ordinances No. 4 of 1940. Value Added Tax Decree was
promulgated in 1986. The Nigerian tax system has undergone several reforms since
inception. The following reforms can be highlighted. Viz;
OBJECTIVES/AIMS OF TAXATION
a. Government impose tax not just for revenue generation but to accomplish
various economic objectives. Tax is imposed in order to achieve the following
objectives by the government:
b. Taxes can be levied to cover the cost of administration, internal and external
defence, maintenance of law and order as well as social services required by the
citizens.
c. Taxes are instruments used by governments to protect companies in their infant
stages. This is done by reducing specific tariffs which will invariably reduce the
cost of production relative to imported products that may be substitutes.
d. Taxes can also be used to discourage the consumption of dangerous/harmful
products.
e. Taxes are employed to control the importation, production and consumption of
certain goods and services thereby preventing dumping. This can be achieved by
increasing tax payable on such goods and services.
f. Taxes are important instruments of government in the area of redistribution of
wealth and income among various income earners through progressive tax
system. This helps to reduce income inequality.
g. Taxes are also used to counter inflation by reducing volume of purchasing
power.
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OUTLINE TWO
RINCIPLES OF TAXATION
Principles of taxation are the basic rules that guide tax administration as well as
the implementation of the provision of relevance tax law. For a tax to achieve its
objectives, it must certain principle. This principle, according to Adam Smith, he
referred to them as “Canons of taxation”. Therefore, a good tax system must possess
the following attributes;
i. Principle of equity
ii. Principle of certainty
iii. Principle of convenience
iv. Principle of economy
PRINCIPLE OF EQUITY
This principle implies that in the administration of tax system, equity, fairness, and just
should be ensured. Every citizen should pay according to his capacity and ability.
Under this principle, tax to be paid should be proportional to income earned. By
implication, the rich class should pay higher tax while the poor or low economic class
should pay less even though they all enjoy the same benefits or protection from
government. This principle is further sub-divided into two, viz; Horizontal equity and
Vertical equity.
The advantage of the equity principle is that it is very easy to collect the amount of tax
imposed.
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VERTICAL EQUITY
Vertical equity implies that individuals within different levels of income should pay
different amount of tax. The major advantage of this principle is that it yields more
revenue to the government. However some of it limitation is the fact that it is more
difficult to calculate, administer, and collect especially where the tax payers are many.
From the above, we can see that as the tax base (income) increases, the amount of tax
also increases as opposed to horizontal equity where same rate is applied irrespective
of the tax base. In essence, under this system, the higher you earn, the higher you pay.
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PRINCIPLE OF CERTAINTY
This principle demands that the amount of tax a citizen is expected to pay, the time,
and manner in which it should be paid should be made known to him at the appropriate
time. This means that the amount, the time, the date and place of payment should be
made known to the tax payer by the tax authority. It should be void of ambiguity. Also
the government or tax authority should be able to determine the amount due to every
tax payer.
PRINCIPLE OF CONVENIENCE
This means that the mode of payment, the time and procedures for payment of tax
should be as much as possible convenient to the tax payer. Tax payment procedures
should not be cumbersome, rigid or complicated. Otherwise, tax payers would be
discouraged to pay their tax.
PRINCIPLE OF ECONOMY
This principle implies that the cost of collecting tax should not be higher than the
revenue collected. There should be proper cost – benefit analysis. This means that the
cost should be analysed in relation to the benefits to be obtained.
PRINCIPLE OF PRODUCTIVITY
This is also known as the principle of adequacy. It is akin to the principle of economy.
This principle states that the tax system should be able to generate more revenue for
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the government. When more money is generated, the issue of deficit financing will be
automatically minimized or eliminated
PRINCIPLE OF FLEXIBILITY.
This is also known as the principle of elasticity. This implies that the tax system should
be flexible enough to give room for change/adjustment (i.e. to increase or decrease tax
rate) when necessary. For example, in time of emergency or crisis, the government
would need more fund to execute some task or meet some needs, it is expected that at
such period, the government increases tax but if the system is not elastic as to allow for
change, such increase may not be possible. Also the tax system should not be difficult
to understand and administer to avoid problem of interpretation and unnecessary
disputes. The tax system should not only be understood by the tax payer but should
also be trusted.
PRINCIPLE OF DIVERSITY
This means that the government or the tax authority should not depend on only one
particular source for revenue generation. This means that the government/tax authority
should diversify. Attention should not be focused only on one particular source for
collecting tax. It should however be clear that tax diversity is not the same as tax
multiplicity or double taxation. For example, state and local government collecting tax
from same firm or establishment. Tax diversity should not be mistaken for tax
multiplicity. Tax multiplicity refers to the unlawful compulsory taxes imposition by the
local and state government without proper legal support. While tax diversification is a
legal way of generating revenue by the government, tax multiplication on the other
hand is illegal.
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Tax and Revenue Administration in Nigeria (PUB 315)
OUTLINE THREE
TAX SYSTEM
Tax system is the mechanism or process involved in ensuring the effectives and
efficiency of tax. Ekpu (2012) rightly stated that a tax “is a compulsory levy, payment
or financial charges imposed by the government or tax authority upon a tax pay”. It
may also be defined as a compulsory contribution imposed by a public authority or
government on the people residing in the geographical location/territory.
To avoid cohesion or tension among the government or tax authority and tax
payer, a well-structured system has to be instituted to ensure tax management and tax
payer’s compliance to tax law.
Tax system can be made clear to the tax payers through the following ways
How to minimize the cost of collection of tax and to ensure that the revenue
collected is not used for social economic activities
Having defining and looking at the principles of tax, there are needs to look at some
terms of this course work.
Tax Revenue: refers to revenue (money) derived from tax over a given period of time.
Toll: a toll is a tax or fee charged to travel via a road, bridge, tunnel or other route.
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Tax Authorities in Nigeria: the tax authorities in Nigeria are the federal Inland
Revenue Service and the various state Boards of Internal Revenue. The National
Assembly may through legislations, designate any other body as a tax authority.
i. Taxation
ii. Rent
iii. Royalties
iv. Investments
v. Fees
vi. Fines
CATEGORIES OF TAXES
Taxes as sources of revenue to the government fall into two categories. Simply put,
There are basically two categories of taxes, these include; direct and indirect taxes.
DIRECT TAXES: These are taxes imposed directly on income earned by individuals
or company. They are taxes levied on income capital generated by factors of
production (labour, capital, and entrepreneur).
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The following are types of direct taxes current in force in Nigeria; we shall also try to
give a brief explanation on each.
a. Personal Income Tax: tax imposed on all forms of personal income whether
earned or unearned that is liable to tax for a given period of time. It is a tax levied
on the financial income of persons, corporations, family, community, or other legal
entities.
b. Company Income Tax: tax imposed on the net profits of companies incorporated
under the Company and Allied Matters Decree of 1990 or nay other acts or
enactment for the time being.
c. Capital Gain Tax: this is a tax charged on the profits from the sales of capital
assets. It is the profit realized on the sale of an asset that was purchased at a lower
price. The most common capital gains are realized from the sale of stocks, bonds,
precious metals and property.
d. Petroleum Profit Tax: tax levied on the profits made by company engages in
petroleum operation in Nigeria (oil firms). It is apposite to state that Petroleum
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Profit tax provide for about three quarter ( 4 ) of the nation`s tax revenue
e. Education Tax: tax imposed on the assessable profits of companies registered in
Nigeria to develop the educational sector.
a. Stamp Duties
b. Excise Duties - these are taxes paid when purchases are made on a specific good,
such as gasoline
c. Customs Duties
Value Added Tax– this is tax on exchanges. It is levied on the value added that results
from each exchange
(a). Mineral Royalties (b). Casino Tax.
CLASSIFICATION OF TAXES
PROGRESSIVE TAXES
A progressive tax is a tax imposed so that the tax rate increases as the amount
subject to taxation increases. In simple terms, the rate of tax applicable increases as
income increase, that is, graduated rate apply. This means the higher the tax payer`s
income, the higher tax he/she pays. Progressive taxes attempt to reduce the tax
incidence of people with a lower ability-to-pay, as they shift the incidence
disproportionately to those with a higher ability-to-pay. The result is that people with
more disposable income pay a higher percentage of their income as tax than those with
less income.
ADVANTAGES
1. It is equitable
2. It ensures social justice
3. It is economical
4. It is elastic or flexible
5. It is productive
6. It is better use of resources and economic stability
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PROPORTIONAL TAX
A proportional tax is one that imposes the same relative burden on all taxpayers—i.e.,
where tax liability and income grow in equal proportion. In simple terms, the same tax
rate is applied irrespective of the income (i.e. flat rate). Irrespective of the size of
income, the same rate is applied. Proportional taxes maintain equal tax incidence
regardless of the ability-to-pay and do not shift the incidence disproportionately to
those with a higher or lower economic well-being.
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REGRESSIVE TAX
The opposite of a progressive tax is a regressive tax, where the tax rate decreases as
the amount subject to taxation increases. Regressive taxes are usually in the form of
indirect taxes, such as sales tax. Regressive taxes attempt to reduce the tax incidence
of people with higher ability-to-pay, as they shift the incidence disproportionately to
those with lower ability-to-pay. As income increases, the rate of tax payable decreases.
Regressive tax
This means that if for instance, Comrade Wisdom has N60, 000 taxable income and
Mary-Jane has 30,000 taxable income, Comrade would be made to pay 15% as tax
payable while Mary-Jane would be made to pay 40% as tax payable. By implication,
the higher Comrade Wisdom earns the lower tax he pays, conversely, the lower Mary-
Jane earns, the higher tax she pays.
CHALLENGES OF TAX
The twin-problem (tax evasion and avoidance) is one of the most challenging issues of
business taxation in Nigeria. This twin problem (tax evasion and tax avoidance) has
led to loss of revenue for the Nigerian government in recent times.
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1. TAX EVATION
Tax evasion is a deliberate and willful practice of not disclosing full taxable income so
as to pay less tax. In other words, it is a contravention of tax laws whereby a taxable
individual or entity neglects to pay the tax due or reduces tax liability by making
fraudulent or untrue claims on the income tax form. Tax evasion can manifest in
different measures such as:
Some of the ways or mechanisms by which tax evasions are perpetuated include the
following:
2. TAX AVOIDANCE
Tax avoidance has been defined as the arrangement of taxpayers’ affairs using the tax
shelters in the tax laws, and avoiding tax traps in the tax laws, so as to pay les tax than
he or she would otherwise pay. That is, a person pays less than he ought to pay by
taking advantage of loopholes in a tax system. Tax can be avoided in various
dimensions:
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Tax and Revenue Administration in Nigeria (PUB 315)
Tax evasion is the failure to disclose the correct income that should be assessed either
by misstatement of facts, falsification of figures, filing of incorrect returns or by
misinterpretation of tax liabilities. Thus, through the employment of criminal or
fraudulent means the taxpayer pay nothing or less than he ought to pay. Tax evasion
involves wilful default and is therefore a criminal offence.
Tax avoidance on the other hand occurs when the taxpayer is exercising his legal right
under the tax law; make the best use of available reliefs, allowances, exemptions etc. to
pay the least tax possible. Tax avoidance is not a criminal offence since the taxpayer
employs lawful means to reduce his tax burden.
3. Tax Deferral
This is simply the postponement of tax payment from the current year to a later year.
For instance, an Individual Retirement Account (IRA) defers taxes until the money is
withdrawn. It is not an offence under tax law or any other law applicable in Nigeria.
1. The loopholes in the law should be identified and addressed by the relevant tax
authorities
2. Faithful tax payers should be encouraged and rewarded for compliance while
those who avoid tax should be sanction to serve as deterrent to others would-be
perpetrators
3. Court action should be taken against defaulters and if possible, freeze their bank
accounts, seal up their premises, or withdrawal of their operation license.
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OUTLINE THREE
Government usually impose tax on the citizens in order to meet some basic needs and
to provide social and welfare services to the people. The government or tax authority
may impose income tax on the income of the individual for any particular year of
assessment. Such individual is expected to pay his/her tax in the place where he/she
resides for that year in question.
Every individual in paid employment or self-employed are expected to pay their tax to
the state Board of Internal Revenue in the state where such individual is resident for
that particular year. Those resident in the FCT are expected to pay their tax the Federal
Board of Inland Revenue. However, there are categories of worker who are not
expected to pay tax to the State Board of Internal Revenue instead they are required to
pay to the Federal Board of Inland Revenue irrespective of where they reside in a given
year of assessment. These categories of workers include;
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i. Those in the Nigerian armed forces like the Navy, Air force, Army, Police,
FRSC, Immigration, etc.
ii. Officers of the Nigerian Foreign service
iii. Those resident in the Federal Capital Territory (Abuja)
iv. Those who are not resident in Nigeria but derive income from Nigeria are also
expected to pay their tax to the Federal Board of Inland Revenue
TAX PAYERS
Tax payers are the individuals who pay their tax to the government. These individual
can be in paid employment or self-employed depending on the category such
individuals belong.
These are the individuals who are either in paid employment or those who are self-
employed. Those in paid employment include all workers who are employed by
government or are in government establishment, and those in private
establishment/company. While the self-employed on the other hand include the traders
or businessmen/entrepreneur, Doctors, Lawyers, Engineers who are in private practice
Over the year, the government has introduced and applied the graduated income tax
rate to the taxable/chargeable income of the individual tax payer to determine his/her
tax payable.
EXAMPLE ONE
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Tax and Revenue Administration in Nigeria (PUB 315)
From the above example, the taxable income of the individual from 1st January 1987 –
31st December 1991 is = N40, 000 while his tax payable is = N15, 250.
To determine the taxable income, is simply to sum the total income earned during the
year of assessment. To determine the tax payable, you simply calculate the amount on
every Naira earned in relation to the percentage at which such income is taxed.
Exercise one
From the following taxable income, determine the tax payable
Taxable income Rate tax payable
N (%)
First 10,000 10
Next 10,000 15
Next 10,000 20
Next 10,000 25
Next 20,000 30
Next 20,000 35
Next 30,000 40
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Next 30,000 45
Solution Taxable income Rate tax payable
N (%) N
First 10,000 10 1,000
Next 10,000 15 1,500
Next 10,000 20 2,000
Next 10,000 25 2,500
Next 10,000 30 3,000
Next 20,000 35 7,000
Next 20,000 40 8,000
Next 30,000 45 13,500
Next 30,000 50 15,000
Tax payable = N53, 500
(i.e. (N) 1000 + 1,500 + 2,000 + 2,500 + 3,000 + 7,000 + 8,000 + 13,500 + 15,000)
To determine the tax payable in relation to the percentage: for example, 10% of N10,
000
10,000 x 10 100,000
= 100
= 100
= 1,000. Apply this method on the rest taxable income to
determine the tax payable. This is what exactly we did to get the figures above
Exercise two
N (%) N
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Comrd. Shola +2348139094260
Tax and Revenue Administration in Nigeria (PUB 315)
Exercise three
Assuming comrd. Shola is a successful businessman in Edo Sate. His taxable income is
N100, 000 annually. However, he has persistently evaded the payment of tax from 1st
January, 1987 when he started his business activities to date. Now he is in need of
critical service from the Edo state government for which a tax clearance certificate is
required. Using the computation below, you are required to determine;
Note:
Solution (i)
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Tax and Revenue Administration in Nigeria (PUB 315)
N (%) N
(Just for the purpose of learning: The explanation below is not necessary during an
examination). The above computation is taken from page 40 of the textbook. The
taxable income as seen from the computation is N40, 000 while the tax payable on the
N40, 000. Income is N15, 250. But since Comrd. shola`s annual income is N100, 000,
it therefore implies that there is a balance of N60, 000 which was not captured in the
first computation. Therefore, the remaining N60, 000 should be added to the
computation and should be charged at 50% tax rate (according to the instruction; every
Naira above N100, 0000 at 55%) since Comrd. Shola total tax payable does not exceed
N100,000. This is why you have N60, 000 next to your last figure (N10, 000).
Then sum up the total tax payable. (i.e. N200 + N300 + N400 + N500 + N600 + N1750
+ 2,000 + N4, 500 + N5, 000 + N30, 000 = N45, 250 (this is Comrd. Shola`s annual
tax payable)
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Solution (ii)
Therefore, his tax payable for five years = N45, 250 x 5 = N226, 250
Solution (iii)
The effects of my computation on the social and economic development of Edo state
include;
EARNED INCOME
Earned income means income derived from rendering a particular service. Examples
include; income derived from trade, business, profession, pension derived from
previous employment, etc.
UNEARNED INCOME
This is the opposite of earned income. They are income received without exerting any
effort or rendering any service. For example, rents, dividends, bonuses, royalties,
interests, etc.
Exercise four
SOLUTION
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Tax and Revenue Administration in Nigeria (PUB 315)
Exercise five
Calculate the tax payable from the taxable income presented below assuming the tax
rate is proportional to income
N (%) N
First 20,000 10
Next 20,000 xx
Next 30,000 20
Next 30,000 xx
Next 10,000 xx
SOLUTION
N (%) N
Total 18,000
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CHAPTER FOUR
Under the enabling law, an individual who resides in a particular territory on the
first day of January in a particular year of assessment, or who becomes liable to tax in
a particular territory on the first day of January in a particular year of assessment, shall
be deemed to reside in such territory for that particular year. This means that an
individual who resides in Edo State on the first day of January of a particular year of
assessment is expected to pay his tax for such year to Edo state government except for
those employed by the Federal government under the Armed forces, paramilitary
forces, and employees of the Nigerian foreign office. Such persons are expected to pay
their tax to the federal government irrespective of their place of resident for any
particular year.
CHAPTER SIX
ASSESSMENT
CATEGORIES OF ASSESSMENT
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CHAPTER SEVEN
The main purpose of taxation is for the generation of revenue to meet government
expenditure.
There are three arms of government in Nigeria. These include the Executive,
Legislative, and the Judiciary arm of government. Each of these arms of government
plays a unique role in the administration of tax in the country. Now let us take an in-
depth examination of the roles of each of these arms
This is the body vested with the power to make laws for the country (Federal Republic
of Nigeria). This body is referred to as the National Assembly. Their power to make
laws for the country is explicitly spelt out in section 4 of the 1999 constitution (as
amended). Policy recommendations are translated into law by the National assembly.
In relation to tax policy, the National Assembly works closely with the Federal
Executive Council on tax and revenue matter which enforce tax policy in the country.
Similarly, the State House of Assembly is granted the power to make tax policy for the
state.
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The judiciary is the body vested with the power to interpret laws for the federal
republic of Nigeria and adjudicate on tax matters. It is therefore expected that all tax
disputes which cannot be resolved in any other manner, shall be referred to the
judiciary for adjudication. The power of the judiciary in interpretation of laws and
adjudication of dispute is clearly spelt out in section 6 (6) of the constitution of the
federal republic of Nigeria.
The executive arm of government is body vested with the power to implement laws
made by the legislature in the country. The executive comprises of the bodies and
agencies of government at all levels that are involve in the implementation of tax laws.
Section 5 (1) of the 1999 constitution (as amended) vests the executive power of the
federation in the president
The national council of state is created by the Nigerian constitution and assigned the
responsibility of advising the president on the exercise of his executive powers with
respect to certain matters specified in the constitution.
The ministries of finance at state and federal level are responsible for all policy matters
on tax and fiscal issues
The revenue tax authorities are responsible for interacting with tax payers and act as a
bridge between the government and the tax payers. They also have the responsibility to
educate and enlighten tax payers in order to create a tax friendly and tax conscious
environment.
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The Joint Tax Board (JTB) is the body created under the Personal Income Tax to
regulate the relationship between tax authorities between the state and federal level and
is expected to act as an effective supervisory and advisory body on shared activities of
State and Federal tax authorities
Nigerian law provides a statutory role for professional bodies in the tax system. In this
regard, the Chartered Institute of Taxation Act provides powers to the Chartered
Institute of Taxation (CITN) to determine standards of knowledge and skill to be
attained by tax practitioners, the establishment and maintenance of a register of its
members and the regulation and control of tax practice tax consultants and
practitioners are also key stakeholders in the tax system that are expected to use their
skill and expertise to simplify the tax compliance process, properly advise tax payers
on compliance requirements and also provide necessary insight and assistance to tax
authorities.
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