The House of Representatives on Monday commenced investigation into the activities of two Money Deposit Banks over allegations bothering on underpayment of Withholding Tax (WHT) and Value Added Tax (VAT) as well as foreign exchange leakages to the tune of $28.048 billion between 2010 and 2019.
According to the report of the first phase investigation conducted by the joint Committee of the House on Finance and Banking & Currency, United Bank for Africa (UBA) allegedly underpaid WHT and VAT worth $2,838,296,330.74; foreign exchange leakages worth $25,199,851,112.97 for the period under review.
In the same vein, the Committees’ report showed that FSDH Merchant Bank committed tax infractions and foreign exchange leakage infractions to the tune of $ 9,963,335.72.
The lawmakers at the hearing expressed grave concern over the flagrant breach of extant financial regulations and relevant provisions of the 1999 Constitution (as amended).
“The Committees wish to inform your bank of the completion of its first phase of investigation of your bank’s level of compliance with extant laws and regulation, with respect to the administration and management of foreign exchange transactions’ inflows and outflows as they relate to: Unpaid taxes (VAT & WHT) on applicable foreign transfer payments by your bank and customers for reason of neglect, in ensuring evidence of such payments are submitted before any applicable Foreign Transfer payments are made.
“Foreign exchange leakages arising from the mismanagement of inflows from capital importation, and capital outflows on account of any validly issued certificate of capital importation.
“Verification and confirmation from your customers bank statements, of the utilization of the Naira proceeds of capital importation any taxable transactions. Confirmation and verification in your banks’ sales blotters of the utilization of Foreign Exchange purchased by your bank from each of the sources such as Capital Importation, CBN, Interbank, Export proceeds (Oil and Non-Oil Domiciliary accounts, Over the counter etc.
“Identification and recognition of capital repatriation transaction costs and its related taxes (VAT, Stamp Duty) on stock sales transactions cost paid to Fund Manager/ Stockbrokers’ fees, NSE, CSCS etc. The reasonableness and legitimacy of every foreign transfer for reason of observed cases of capital flight and other illegitimate repatriations on account of invalidly issued Certificates of Capital Importation.
Breakdown of the tax infractions linked to UBA include: $522,476,621.63 outstanding WHT collectible on Form ‘A’; $314,290,474.19 outstanding VAT Collectible on Form ‘A’; $1,334,352,823.28 outstanding WHT collectible on Non-Form ‘A’ Bank Transfers by Customers; and $667,176,411.64 outstanding VAT collectible on Non-Form ‘A’ Bank Transfers by Customers.
Other infractions include: Capital Importation (Equity) with no evidence of dividend payment and capital repatriation – $593,812,022.86; Capital Importation (Loan) with no evidence of principal repayment and interest payment – $91,863,342.05; Form ‘A’ transfers for dividend repatriation with no evidence of capital importation (Foreign Equity) and payment of WHT $139,242,740.09; Foreign transfers for principal loan repayment and interest payment in excess of capital importation (loan) – $123,507,122.31; without payment of WHT on interest.
Form ‘A’ transactions concealed to the Committee, but traced to CBN returns as all payment and money transmission services without payment of taxes – $9,004,459.20 and Form ‘A’ transactions concealed to the Committee, but traced to CBN returns as lending of all types, Incl., Inter alia, Consumer Credit, Mortgage Credit, Factoring and Financing of Commercial transaction without payment of taxes $268,289,825.48; Form ‘A’ transactions concealed to the Committee, but traced to CBN returns as Software Implementation Services without payment of taxes – $65,922,800.35, respectively.
Form ‘A’ transactions concealed to the Committee, but traced to CBN returns as other Construction and Engineering related services without payment of taxes – $12,371,788.33; Foreign Exchange (FORM ‘A’) transfer payments filed with the Committee but not traced to CBN returns and without payment of taxes $1,420,947,983.55; Outrageous Form ‘A’ transactions filed with CBN as Higher Education Services $120,418,004.56; Foreign Transfer payment by Customer to other companies without Form ‘A’/Form ‘M’ documentations and payment of applicable taxes $13,343,528,232.81.
Foreign Transfer payment by Customers to other bank accounts without Form ‘A’ documentation $4,631,181,380.07; Non-Deduction of WHT on your bank’s share of over global accrued loan interest $468,790,439.08; Non-Disclosure of capital importation and evidence of utilization of your Bank’s share of Dangote $3.2 billion syndicated loan $65,000,000.
Foreign exchange purchased from oil export proceeds yet to be accounted for in the foreign exchange sales blotters $786,985,000; Export proceeds utilization and sales by Atlantic Shrimpers captured from domiciliary accounts with no evidence of Form ‘A’/Form ‘M’ documentation and tax payment $35,546,453.76; Capital importation date preceding equipment loan drawdown date $10,185,254.53; Fictitious and unexplained withdrawals by customer, from bank accounts without disclosure of receiving customer/beneficiary N147,795,334,170.29.
The Bank was also accused of committing foreign exchange infractions including: $3,434,875.21 Form ‘A’ Transactions filed with CBN taxation services not traced to FIRS collections platform; $2,988,545,126.20 foreign exchange inflow from capital importation yet to be accounted for in the foreign exchange sales blotter;
$555,064,701.61 Form ‘A’ transfers for loan repayment and interest with no evidence of capital importation and payment of WHT on interest as well as Foreign Transfer payment by Customer to other companies without Form ‘A’/Form ‘M’ documentations and payment of applicable taxes $13,343,528,232.81.
Foreign Transfer payment by customers to other Bank accounts without Form ‘A’ documentation $4,631,181,380.07; Non-Deduction of WHT on your bank’s share of over global accrued loan interest $468,790,439.08 and Non-disclosure of capital importation and evidence of utilization of your Bank’s share of Dangote $3.2 billion syndicated loan $65,000,000.00.
Others are: Foreign Exchange purchased from oil export proceeds yet to be accounted for in the foreign exchange sales blotters – $786,985,000; Export proceeds utilization and sales by Atlantic Shrimpers captured from Domiciliary Accounts With no evidence of Form ‘A’/Form ‘M’ documentation and tax payment $35,546,453.76;
Capital Importation date preceding equipment loan drawdown date $10,185,254.53 as well as Fictitious and unexplained withdrawals by Customer from bank accounts without disclosure of receiving Customer/Beneficiary – N147,795,334,170.29.
In the same vein, the report of the joint Committees which showed 8 foreign exchanges infractions, revealed that: The reasonableness and legitimacy of every foreign transfer for reason of observed Cases of capital flight and other illegitimate repatriations on account of invalidly issued Certificates of Capital Importation.
“Comparison of Form ‘A’ and Form ‘M’ filed with the Committees, and other extractions obtained from customer’s dollar and naira account statements, and your bank’s record of foreign exchange utilization returns with the Central Bank of Nigeria. The report, therefore, revealed the alleged tax (WHT/ VAT) underpayment of $2,698,772.86 and foreign exchange leakages of $7,264,562.86, as summarised below, to be specifically accounted to the Committees: Outstanding WHT Collectible on Form ‘A’ $1,796,188.47; Outstanding VAT collectible on Form ‘A’ $902,584.34,” the pointed out.
“The breakdown of Foreign Exchange leakage infractions, include: Form ‘A’ transactions concealed to the Committee, but traced to CBN returns as all payment and money transmission services without payment of taxes – $295,000; Outrageous Form ‘A’ transactions filed with CBN as higher education services – $168,637.24.
“Foreign transfer payment by customers to other bank accounts without Form ‘A’ documentation – $866,925.62 as well as Foreign Exchange purchased from oil export proceeds yet to be accounted for in the Foreign Exchange Sales Blotters – $5,934,000,” the report added.
Be the first to comment