EFFECT OF TAX AUDIT AND INVESTIGATIONS STRATEGIES ON TAX REVENUE COLLECTION METHODS IN NIGERIA. (A STUDY OF SOUTH EAST GEOGRAPHICAL ZONE)

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ABSTRACT

The study examines the effect of tax audit and investigations strategies on tax revenue collection methods in Nigeria, which is the main objective of the study. The specific objectives are: the effect of tax audit and investigation (TAI) components and tax deducted at source/advance tax payment; effect of TAI components on direct tax payments and TAI components on self assessment tax policy. Descriptive survey research design was adopted in obtaining data based on the opinion of respondents from the Federal Inland Revenue service (FIRS) in Nigeria. The population of the study is 350 staff of FIRS selected from five states in south eastern Nigeria (70 per state), who were administered with a questionnaire. The study made use of convenience sampling technique out of which 250 questionnaire filled by the staff was adopted as the study sample size. The study employed descriptive statistics such as percentages and frequencies and the use of linear regression method. The study findings reveal that tax audit and investigations elements have a significant effect on tax deductible at source/ advance tax payment except access to information from other countries revenue authorities which has no significant effect on tax deductible at source/ advance tax payment. Further findings revealed that taxpayers record keeping obligation, access to taxpayers books and records, and access to information from other countries revenue authorities has significant effect on direct tax payment in Nigeria, while access to third party information source, powers to amend returns from tax payers claim and sanctions for non compliance has no significant effect on direct tax payment in Nigeria. Finally it was discovered that taxpayers record keeping obligation, access to taxpayers books and records, access to third party information source, and access to information from other countries revenue authorities has no significant effect on tax as a result of self assessment in Nigeria while, powers to amend returns from tax payers claim and sanctions for non compliance has a significant effect on tax as a result of self assessment. Base on the findings of the research, it is recommended that Tax administrative authorities should harmonize data with other government agencies like the National Identity Management Commission and Nigerian Communication Commission to enhance capturing of more citizens into the tax net. If that is done, it can improve tax records as well as sort out issues of investigating the activities of tax payers in view of tax audits. This will go a long way in improving tax deductions at source/advance tax payment as transactions of tax payers captured digitally can be monitored, audited and investigated for tax purposes.






TABLE OF CONTENTS

Cover page                                                                                                                              i

Title Page                                                                                                                                ii         

Declaration                                                                                                                             iii

Dedication                                                                                                                              iv        

Certification                                                                                                                           v

Acknowledgement                                                                                                                  vi

Table of contents                                                                                                                    vii

List of tables

Abstract                                                                                                                                  vii

 

Chapter 1:      INTRODUCTION1                                                                                    

1.1       Background to the Study                                                                                            1

1.2       Statement of the Problem                                                                                           4

1.3       Objective of the Study                                                                                                6

1.4       Research Question                                                                                                      7

1.5       Hypothesis                                                                                                                  7

1.6       Significance of the Study                                                                                           8

1.7       Scope of the Study                                                                                                      9

1.8       Definition of Operational Terms                                                                                9

1.9       Limitation of Study                                                                                                    11

 

Chapter 2: REVIEW OF RELATED LITERATURE                                                                 

2.1       Conceptual Framework                                                                                              12

2.1.1    Concept of tax audit and investigation                                                                       12

2.1.2    Factors affecting tax compliance                                                                               21

2.1.3    Tax policy reforms and tax administration                                                                25

2.1.4    Previous tax reforms                                                                                                   27

2.1.5    Overview of tax administration reform actions in Nigeria                                        31

2.1.6    Organisational restructuring                                                                                       32

2.1.7    The Nigeria National tax policy                                                                                 34

2.1.8    Tax legislation: FIRS autonomy                                                                                35

2.1.9    Tax appeal tribunal                                                                                                     35

2.1.10  Compliance and Enforcement                                                                                    38

2.1.11  Taxpayers services                                                                                                     38

2.1.12  Entrenching a strong ethical code                                                                              39

2.1.13  Capacity building                                                                                                       40

2.1.14  Domestic and international corporation and collaboration                                        41

2.1.15  Strategic performance management                                                                           42

2.1.16  Joint tax board                                                                                                            43

2.1.17  Conditions for a good tax audit                                                                                  44

2.1.18  Issues in Tax audit and Investigation                                                                         45

2.1.19  Main characteristics of audit                                                                                      49

2.1.20  Need for tax audit                                                                                                       49                                                                     

2.1.21  Tax audit function and resources allocation                                                              52

2.1.22  Location of audit                                                                                                        52

2.1.22  Types of Audits                                                                                                          53       

2.1.23 Approaches and standards of tax audit                                                                       54

2.1.24  Efficiency and effective tax audit                                                                               54

2.1.25  Tax audit and tax malpractices                                                                                  57

2.1.26  Tax audit and investigation in Nigeria                                                                       58

2.1.27  Trigger points and management strategies                                                                 59

2.1.28  tax audit from an international perspective                                                                62

2.1.28  The roles of the taxpayer audit programme                                                               62

2.1.30  Annual audit plan                                                                                                       64

2.1.31  Methodology of auditing and investigation                                                               65

2.1.32  Quarterly technology report                                                                                       68

2.1.33  Reasons  or aims of instituting tax audit exercise                                                      69

2.1.34  Practical approach to field audit                                                                                 71

2.1.35  Distinction between tax and revenue                                                                         73

2.1.36  Tax revenue as a catalyst for Nigeria economy Growth                                            75

2.1.37  Types of taxes in Nigeria                                                                                           76

2.1.38  Elements of tax audit and investigation                                                                     77

2.1.39  Internally generated revenue                                                                                      82

2.1.40  Tax administration and revenue collection strategy                                                   84

2.1.41  Developing revenue strategy                                                                                      92

2.1.42  Elements of tax administration and revenue collection strategy                                    96

2.2       Theoretical Review                                                                                                    109

2.2.1    Reasoned action theory                                                                                              110

2.2.2    The Planned behaviour theory                                                                                    110

2.2.3    The Police theory                                                                                                       111

2.3       Empirical Review                                                                                                       111

2.4       Research Gap                                                                                                              123

 

Chapter 3: RESEARCH METHODOLOGY                                                                   

3.1       Research Design                                                                                                         125

3.2       Area of Study                                                                                                              125

3.3       Population of the Study                                                                                              125

3.4       Sample and Sampling Techniques                                                                             126

3.5       Source of data                                                                                                             126

3.6       Design and Administration of Questionnaire                                                             126

3.7       Description of the Instrument                                                                                     127

3.8       Validity of the Research Instrument                                                                           127

3.9       Data Analysis Techniques                                                                                          128

3.9.1    Model specification                                                                                                    129

 

Chapter 4: DATA PRESENTATION AND ANAYSIS                                                    

4.1       Data Presentation                                                                                                        132

4.2       Presentation of Result                                                                                                 136

4.3       Testing of Hypotheses                                                                                                            146

4.4       Discussion Findings                                                                                                    150

 

Chapter 5: SUMMARY, CONCLUSION AND RECOMMENDATIONS                

5.1       Summary of Findings                                                                                                 160

5.2       Conclusions                                                                                                                161

5.3       Recommendations                                                                                                      162

5.4       Contribution to Knowledge                                                                                        163

5.5       Area of further research                                                                                              164

 

References                                                                                                                              165

Appendices                                                                                                                             182

 

 

 

 



LIST OF TABLES

 

Tables  1         Timeline of major tax reform in Nigeria, 1900-2014                                     29

 2         Population of the Study table                                                                         125

 3         Sample size                                                                                                     127

 4.1      Gender of the respondents                                                                              132

 4.2      Marital Status of the respondents                                                                   135

 4.3      Age of the respondents                                                                                   137

 4.4      Education qualification of the respondents                                                    137

 4.5      Group affiliation of the respondent                                                                138

 4.6      effect of tax audit and investigation on advance tax payment                      140

 4.7      evaluation of tax audit and investigation on direct payment of taxes                       141     

 4.8      Effect of tax audit and investigation on self assessment                              144

 4.9      Ascertain the determinant of tax revenue collection strategy                                   144

           

 

 

                                                                                                                                                 

 

 

CHAPTER 1

INTRODUCTION


1.1       BACKGROUND TO THE STUDY

The relationship between the government and the governed is a social contract (Onuoha & Dada, 2016). The government provides the basic social amenities; protect lives and property of the people that have surrendered their sovereignty to its authority. However, the government requires funds to finance these provisions. The citizen’s play their parts by prudently paying tax via provision of adequate information that will enable the government assess the citizens for tax purpose or pay taxes voluntarily on self-assessment (Ewa, 2021). The money realized through the tax is normally utilized for the provisions of basic amenities and for running cost of the government. Okoye (2006), revenue is the live-wire of any successful undertaking not only for the private sector but much also for the public sector. The function which government must perform can only be discharged with resources in the form of money and manpower. Such money is generated through effective taxation and this must be collected and used to serve the entire citizenry (Tanui, 2016).

Okonye, Azubuike and Akpan (2017), some of the major taxes by government are classified as; fines, royalties, penalties, loans, grants, donations etc. These are termed compulsory payment by individuals and organizations and the government administer various tax revenue collection strategies in accordance with predetermined laws (Owojori, 2006). Mu’azu (2012) further reiterated that taxes are compulsory levy by government through its agencies on the income, consumption and capital of its subjects. Oriakhi and Ahuru (2014) mentioned that these levies are collected directly on personal income such as salaries, business profit; advance/deductible at source via interest, dividend, discount or royalties; and recently Ewa (2021) has raised the issue of self assessment method as an efficient tax collection strategy. Tax is also levied against company profit, petroleum profit, capital gains and capital transfer. Notably, the collection of tax for the federal government is bestowed to the Federal Inland Revenue Service (FIRS) in Nigeria and this agency on behalf of the government, device tax collection strategies in order to ensure effective and efficient tax revenue generation in Nigeria. But to a large extent there have been issues of tax evasion and cases of citizens being reluctant to pay tax in Nigeria (Osemrke & Nzekwe, 2020). This has led to decrease in tax revenue generation over the past decade which as result, the FIRS introduced the tax audit department in 2006 in order to enhance effectiveness in tax revenue collection strategies so as to improve tax administration in Nigerian (Okonye et al., 2017).

According to Onuoha and Dada (2016), the high level of corruption cases in Nigeria indicates that many taxpayers have the instinct to report falsely on their self-assessments in order to reduce their tax burden to the government.  As a result, necessary efficient tax system that would engage every person and organization in Nigeria to act responsibly by paying the correct taxes and on time is put in place by the FIRS (Okoye, 2006). Growing issues of tax returns filed based on misrepresented data results to wrong assessment. The establishment of tax audit and investigation department by FIRS attempts to correct such abnormalities by making sure taxpayers are appropriately assessed and taxed through effective and efficient strategies (Ogbueghu, 2016), and that the government collects the complete and accurate revenue due to it from all the legitimate forms of taxes on the citizens and corporate organizations within the relevant jurisdictions (Obe, 2019). Mutarindwa (2014) further gave credence to such preposition in his work where he posited that the primary goal of every tax authority is to improve tax compliance through tax laws, and ensures that confidence to believe that tax system and administration is fair. Some of the tax audit strategies that enhance tax compliance for effective tax revenue collection are;  adequate record keeping by taxpayer, having access to taxpayers books, adequate information and powers to sanction tax offenders as a result of non compliance (Palil & Mustapha, 2011).

According to OECD (2006), cases of taxpayers’ failure to comply with tax laws are always there ranging from taxpayers’ ignorance, carelessness, recklessness and deliberate evasion, or weakness in tax administrative laws which lays credence to the reasoned action theory as propounded by (Fishbein & Ajzen, 1975).  As a result, government and its citizens, whom the tax is meant to serve, are denied of adequate tax revenue which is required for the provision of public utilities. To correct such ill tax practices, proponents of the policeman theory like Awe (2008) posit the establishment of tax audit and investigation as a watch dog for tax malpractices in order to strengthen tax revenue collection strategies in Nigeria. Imperatively, most taxpayer-driven failures or compliance risks as identified above have been addressed nearly exclusively in terms of regulatory enforcement through an audit-based approach (Marlik, 2010; Mu’azu, 2012). In more recent times, tax administrators have come to the realization that some of the factors underlying taxpayers’ compliance behaviour in any specific risk area are varied and often complex and are mostly unlikely to be treated successfully with a single action, particularly one based exclusively on regulatory enforcement action such as audit (Nwaiwu & Macgregor, 2018). Notably, tax audit is a major tool for enhancing tax compliance and tax bodies in most developing countries commit resources to tax audit practice as a tax administration mechanism (Okoye & Akenbor, 2012).

Prior to 1998, taxpayers in Nigeria (persons and corporations) were assessed to tax by the relevant tax authorities; a system otherwise known as government assessment (Modugu & Anyaduba, 2014). With the introduction of self-assessment scheme into the Nigeria tax system in 1998, taxpayers were required to file in their tax returns independently. This practice informed the need for tax audit, to ensure taxpayers file in accurate information regarding their income and expenses in business and vocation. Taxpayers are inherently disposed to reducing their tax liability either through tax evasion or tax avoidance (Omodero, Ekwe & Ihendinihu, 2018). The idea of tax audit became known through Lagos State where monitoring agents were appointed to carry out tax audit and investigation on government behalf (Taiwo, 2011). The tax audit may be varied by way of desk or room audit or field audit. With the introduction of self-assessment scheme by the Federal Inland Revenue Service (FIRS) in 1998, taxpayers were given the opportunity to assess themselves and remit the assessed tax to the government coffers voluntarily (Appah & Eze, 2013). In an effort to check incessant abuse of the system, it became necessary to re-evaluate the claims of the taxpayers through tax audit and investigation process and this cannot be achieved without adequate strategies in place to encourage tax revenue collection.

Tax audit is similar to financial audit which involves the gathering of information and processing information gathered for determining the level of compliance of an organization or individuals taxpayers with tax laws within a given period of time. Okonye, Azubuike and Akpan (2017) posited that to enhance tax audit and revenue generation, effective tax revenue collection strategies must be put in place by the government through its agencies.

 

1.2       STATEMENT OF THE PROBLEM

Theoretically, it is assumed that taxpayers are expected to abide by tax laws by turning in their taxes as at when due considering the economic benefits and incentives like tax allowances accruable to the taxpayers as captured by extant tax laws in Nigeria. Despite this theoretical postulate and the institution of the tax audit and investigation department by the Federal Inland Revenue Service (FIRS) in Nigeria 2006, the issue of tax evasion still linger. The adverse effects of tax evasion on internally generated revenue in Nigeria cannot be overemphasized. It is also a general believe that corruption, lack of transparency by tax administrators and taxpayers have adversely affected the ability of the relevant tax authorities to generate appropriate level of revenue from taxes. According to Onuoha and Dada (2016), there has been high level of non-compliance with tax laws involving both the tax administrators and the taxpayers as well. This has encouraged the dwindling tax revenue accruing to government. To ensure adequate taxes are collected from eligible taxpayers, tax authorities implore various tax collection strategies. Through these strategies, effective tax audit and investigation is enhanced so as to enable effective and efficient tax revenue collection.

FIRS instituted the tax audit and investigation department in 2006 to checkmate malpractices in tax administration on both sides such that tax revenue will be increased but to what extent such policy drive has affected internally generated revenue in Nigeria is still unknown.

However, the different findings reached and methodology adopted by some of researchers who have carried out some works on tax audit and investigation phenomenon calls for concern because of their failure to explore tax revenue collection strategies.  Mu’az,  (2012), studied the effect of tax audit on tax compliance in Nigeria specifically using  Bauchi state board of internal revenue. He failed to examine the various tax revenue collection strategies as he focused more on compliance level. Onuoha and Dada (2016), whose work was on tax audit and investigation as imperatives for efficient tax administration in Nigeria, pointed out that tax audit and investigation exert important influence on taxpayers to pay the correct tax liabilities to the government. But they also focused on compliance level neglecting revenue collection strategies. Although their findings in part contradict the positions Mu’az (2012), who posits that tax audit and investigation encourages compliances. Onuoha and Dada (2016) adopted an expository approach using content analysis of existing literatures.  Also, Adediran and Alade (2013), took a research on the impact of tax audit and investigation on revenue generation in Nigeria. Despite their findings that tax audit and investigations curbs the problems of tax evasion, they failed to examine the tax revenue strategies. Failure of these scholars to link tax audit and investigation to revenue collection strategies necessitates the current study.

This study intends to fill the theoretical and empirical gap by investigating the effect of tax audit and investigation on strategies for revenue collection in Nigeria. Tax strategies are tactics directed to achieve tax income for the government in order to achieve specific and planned goals.These tax collection strategies include tax deducted at source or advance tax payment, direct tax payment and self assessment tax.

 

1.3       OBJECTIVE OF THE STUDY

The main objective of this study is to examine effect of tax audit and investigation on tax revenue collection strategy in Nigeria. The specific objectives of the study are, to:

      i.         Determine the effect of tax audit and investigation components (record keeping obligation, Access to taxpayers records, Access to third parties information, Information from other countries Revenue authority Power to amend taxpayers’ claims and Sanction for non-compliance)on tax deductions at source/ advance tax payment in Nigeria.

     ii.         Evaluate the effect of tax audit and investigation components (record keeping obligation, Access to taxpayers records, Access to third parties information, Information from other countries Revenue authority Power to amend taxpayers’ claims and Sanction for non-compliance)on direct payment of tax in Nigeria.

   iii.         Determine the effect of tax audit and investigation components (record keeping obligation, Access to taxpayers records, Access to third parties information, Information from other countries Revenue authority Power to amend taxpayers’ claims and Sanction for non-compliance)on self assessment tax payment in Nigeria.

 

1.4       RESEARCH QUESTIONS

The following research questions are set to be answered;

      i.         What effect does tax audit and investigation components (record keeping obligation, Access to taxpayers records, Access to third parties information, Information from other countries Revenue authority Power to amend taxpayers’ claims and Sanction for non-compliance) have on tax deductions at source/ advance tax payment in Nigeria?

     ii.         To what extent do tax audit and investigation components (record keeping obligation, Access to taxpayers records, Access to third parties information, Information from other countries Revenue authority Power to amend taxpayers’ claims and Sanction for non-compliance) affect direct payment of tax in Nigeria?

   iii.         What effect does tax audit and investigation components (record keeping obligation, Access to taxpayers records, Access to third parties information, Information from other countries Revenue authority Power to amend taxpayers’ claims and Sanction for non-compliance) have on self assessment tax payment in Nigeria?

 

1.5       HYPOTHESES

The following hypotheses are to be tested:

Ho1: Tax audit and investigation components (record keeping obligation, Access to taxpayers records, Access to third parties information, Information from other countries Revenue authority Power to amend taxpayers’ claims and Sanction for non-compliance) have no significant effect on tax deductions at source/ advance tax payment in Nigeria.

Ho2: Tax audit and investigation components (record keeping obligation, Access to taxpayers records, Access to third parties information, Information from other countries Revenue authority Power to amend taxpayers’ claims and Sanction for non-compliance) have no significant effect on direct payment of tax in Nigeria.

Ho3: Tax audit and investigation components (record keeping obligation, Access to taxpayers records, Access to third parties information, Information from other countries Revenue authority Power to amend taxpayers’ claims and Sanction for non-compliance) have no significant effect on self assessment tax payment in Nigeria.


1.6       SIGNIFICANCE OF THE STUDY

The research work will be of great significant in various ways but most specifically the study will be of importance to;

Government: the government of federal republic of Nigeria will need the result generated from the research and the recommendations to improve on the internally generated tax revenue laws. The Federal Inland Revenue Services in particular will benefit from the research work, which will provide such information on the meaningful way to strengthen the audit department with the view for efficient and effective service delivery.

Taxpayers: taxpayers will also benefit immensely from the research work. They would be enabled by the research work to see reasons why voluntarily compliance with payment of taxes is important as well as being objectives with their tax claims. Again, the  public shall be informed through the study recommendations of benefit accruing from prompt and objective compliance to payment of taxes and the utilization of tax revenue.

Academics: This study will develop more of tax audit and investigation theories, concept and methodology that will further enhance the knowledge of academics on tax audit and investigation topic. The study will also serve as a reference point for further research.

 

1.7       SCOPE OF THE STUDY.

The research covers the meanings of tax audit and investigation in Nigeria and tax collection strategy in Nigeria. It also paid attention on how tax audits and investigations can help increase tax revenue collection in Nigeria through efficient tax collection strategy.

 The focus was on Nigeria’s tax system although a few references were made to other countries. The study involved a survey which was used to generate expert opinions on the issue through a questionnaire.

Questionnaires raised were administered to only FIRS offices within the selected states in South Eastern region of Nigeria as a result proximity to the research.

 

1.8       DEFINITION OF OPERATIONAL TERMS

Internally Generated Revenue:  This implies all sources of revenue being generated by federal government from all the domestic sources. This includes the following: All forms of taxes, fines, disposal of federal government properties within the countries etc.

Tax Investigation: This is a special kind of tax audit, which has an objective of evaluating a particular issue as reported or suspected in other to affirm or otherwise, what was reported or suspected if necessary gather evidence for prosecution of tax offences.

Tax Audit: This is a routine check on claims submitted by taxpayer by tax officer to ascertain if such claims are in line with tax laid down rules.

Taxpayers’ record keeping obligation: This refers to the level at which it is expected of a taxpayer to keep adequate accounting books for tax assessment as prescribed by extant laws.

Access to taxpayers’ books and records: This entails the ability of taxpayers to make available all relevant books of account to the tax authorities for assessment of tax obligation as prescribed by extant tax laws in Nigeria.

Access to third party information source: This refers to instances whereby tax authorities have to source for information about a taxpayer from another individual or firm in order to enhance tax compliance.

Access to information from other countries revenue authorities: In the absence of information about a resident, tax authorities get information about the taxpayer from his/her country of origin.

Powers to amend returns from taxpayers’ claim: This refers to the constitutional mandate bestowed on FIRS to recompute and adjust figures on tax return claims of taxpayers.

Sanctions for non compliance: This refers to the varying legal actions taking against tax defaulters by FIRS in order to ensure tax compliance.

Tax deduction at source/advance tax payment: This is a tax collection strategy that enables tax deduction immediately payments on rent, commission, interest, professional fee, salaries e.t.c are paid.

Direct tax payment: Direct tax payment are taxes remitted by taxpayers immediately income is earned, properties or assets are sold.

Self assessment: self assessment refers to situations whereby taxpayers are allowed by law to compute their tax returns due for the relevant tax year and submitting same to tax authorities for assessment.

 

1.9       LIMITATION OF STUDY

The study involved travelling to all the States within the South East geo-political zone in the bid to obtain data needed for the realization of this research, however, due to travelling restrictions imposed on inter-state movement as a result of COVID 19, it became almost impossible to obtain such data.

The COVID 19, also affected the income stream of the researcher. This created serious financial limitation.

Most of the respondents were skeptical of the purpose of the research and refused to fill the questionnaire.



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