CHAPTER ONE
INTRODUCTION
1.1 BACKGROUND OF STUDY
In all generation, the problems of personal income tax generation and administration continues to surface in one form or another in virtually every society, especially in this part of the world. It is important to point out that the federal government has taken adequate steps in effective tax administration.
This failure on the part of the federal government is responsible for poor financial positions of both the state and local government. Besides, this inadequate planning and absolute laws governing taxation, evaluation and collection is characterized by chaos.
This chaotic nature of the system can be appreciated by political influence or interferences in the process of taxation during the civilian administration in the country which gave rise to untrained and inexperienced personnel being entrusted with the work of collection and administration of personal income tax.
Taxes do not just constitute the principal source of government revenue as noted by Uadiale, Fagbemi and Ogunleye (2010) but they are in fact fundamental components of any attempts to build societies, and indeed nations. That is why Mckerchar and Evans (2009) agree that taxes build capacities to provide security, meet basic needs or foster economic development) as well as legitimacy and consent (helping to create consensual, accountability and representative government). And since it is the paramount desire of every patriotic citizen to uplift his society, one expects that tax compliance ordinarily should not demand any form of coercion. But the volume of literature that has solely been dedicated to this subject for ages suggests that willful default in tax compliance remain a major issue in every human society, especially in developing countries like Nigeria. In fact, as noted by Kiabel and Nwokah (2009), one of the greatest problems facing the Nigerian tax system is the problem of tax evasion and tax avoidance. Tax evasion according to Uadiale et al (2010) is “the fraudulent, dishonest, intentional distortion or concealment of facts and figures with the intention of avoiding the payment of, or reducing the amount of tax otherwise payable”. It is accomplished by deliberate acts of omission or commission, which constitute criminal acts under the tax laws. Tax avoidance on the other hand is the legal utilization of the tax regime to one’s own advantage, to reduce the amount of tax that is payable by means that are within the law (Kasipillai, Aripin and Amran, 2003). The borderline obviously is legality. However, such legal jargons mean very little, really, if the ultimate goal is effective funding of government welfare programmes. As noted also by Omer and Yetman (2005), tax evasion and avoidance may differ in their legality, but it is not unreasonable to presume that they would share some common socio-economic roots and that the characteristics of a taxpayer that make him more likely to evade a tax are more likely to be the same characteristics that make him an aggressive tax avoider. This is why both tax evasion and the seemingly harmless tax avoidance must be viewed and approached in the same light because ultimately they result in less revenue to the government, and perhaps less development in the society.
With cautious confidence, one could say that most Nigerians are either traders, or business-persons, or professionals. So considering the very large number of these classes of people, who could be described as self-employed, it would not be out of place to expect a large chunk of government revenue coming from their payments. But according to Kiabel and Nwokah (2009), in spite of the fact that the self-employed out-number paid workers and they earn as much as four times that of the formal sector employees, the bulk of Personal Income Tax (PIT) accrues from employees whose salaries are deducted at source. This confirms the submission of Torgler and Schaltegger (2006) that tax evasion is more pronounced on the part of the self-employed taxpayer.
The desire to uplift one’s society is the first desire of every patriotic citizen (Allingham & Sandmo, 1972). Tax payment is a demonstration of such a desire. The payment of tax is a civic duty and an imposed contribution by government on her subjects and companies to enable her finance or run public utilities and perform other social responsibilities. Taxes, thus, constitutes the principal source of government revenue. However, one of the greatest problems facing Nigerian Tax System as well as Africa is the problem of tax evasion and tax avoidance. While tax evasion is the willful and deliberate violation of the law in order to escape payment of tax which is unquestionably imposed by law of the tax jurisdiction, tax avoidance is the active means by which the taxpayer seeks to reduce or remove altogether his liability to tax without actually breaking the law. These “Twin devils” have created a great gulf between actual and potential revenue. The government has for the umpteenth time complained of the widespread incidence of tax avoidance and evasion in the state as companies and other taxable persons employ various tax avoidance devices to escape or minimize their taxes or deliberately employ fraudulent ways and means of evading tax altogether sometimes with the active connivance of the tax officials. As pointed out by Rynoids (1963), since tax is a principal source of government revenue, if persons are able to escape by legal or illegal means the tax to which they should logically be subject under the general scope of the tax, the theoretical equity of the tax to a large measure is lost. Tax evasion and avoidance no doubt deny any government the tax revenue due to her, which results in a gap between the potential and actual tax collections. This study is aimed at bridging this gap.
The important of these issues to tax administration in the developing countries like Nigeria, can be seen from the following extract from tax administration in under developed countries. The tax administration finds himself working with a staff which is inefficient in experienced, and poorly paid.
1.2 STATEMENT OF THE PROBLEM
It is true that problem of tax collection and administration is universal but the third world countries of which Nigeria is one, seem to be more plagued and inflicted both in weight and magnitude than the developed nations of the world.
Although tax evasion and avoidance are problems that face every tax system, the Nigerian situation seems unique when viewed against the scale of corrupt practices prevalent in Nigeria. Under direct personal taxation as practiced in Nigeria, the major problem lies in the collection of the taxes especially from the self-employed such as the businessmen, contractors, professional practitioners like lawyers, doctors, accountants, architects and traders in shops among others. As observed by Ayua (2019) these persons blatantly refuse to pay tax by reporting losses every year. According to him, many of these professionals live a lifestyle inconsistent with reported income, which is usually unrealistically low for the nature of their businesses. Civil Servants and their salaried workers are the only class of people that actually pay tax in Nigeria. However, even among the salaried workers, he added, many have turned the statutory personal allowances and relief into a fertile ground for tax evasion. Almost all Nigerian taxpayers are married with four children! Similarly, despite the tax provision meant to plug loopholes through which taxable persons can minimize tax liability the selfemployed persons employ all kinds of avoidance schemes to minimize or escape tax liability and makes you wonder whether there are still any tax officials working in that capacity. Such scenarios, no doubt, say a lot about tax administration system in Nigeria both in its design and in the disposition of some taxpayers towards taxation. While it immediately presupposes that there are legal framework put in place to punish tax evaders it perhaps raises a poser on the efficiency and effectiveness of tax laws and tax administration in Nigeria. Some state governments in an effort towards solving this problem had even gone to the extent of engaging the services of tax consultants. This government effort, notwithstanding, the problem of tax evasion and avoidance still persists (Alabi, 2001 as cited by Ayodele,2006). There is no doubt that revenue due any government will be reduced by the unpatriotic act of tax evaders thereby affecting economic growth.
The research work primarily involves identifying the problems of the personal income tax generation and administration in Nigeria taking a case study of Board of Internal Revenue, Delta State. The specific problems of this research are as follows:
1. Improper system of keeping accounts and records in the internal Revenue office, which was seen to be quite mechanical and out dated.
2. Lack of staff and inadequate training of the available tax collectors.
3. No enlightenment on the part of tax payers as regards the importance of taxation is another problem of tax generation and administration in Warri.
4. Tax collection and administration in Delta State is not efficient and efficiently managed.
5. Also corrupt alliance of tax collectors with tax payers to avoid tax for them (tax collectors) to make fast money.
Thus lack of enforcement power on the board makes tax laws useless and not serious to tax offenders /defaulters.
1.3 OBJECTIVES OF THE STUDY
The general objective of the study is to ascertain the Tax evasion and avoidance: a twin evil against revenue generation in Nigeria, Delta State, using the state board of internal revenue as a case study.
The specific objectives of the research work is to
a. To ascertain whether lack of adequate staff in the SBIR affect tax administration on revenue generation in Delta State.
b. To examine if the use of mechanical and outdated system in recording and keeping accounts affect.
c. To examine if enlightening the tax payers on the importance of taxation affect tax administration in the state.
d. To determine if the effectiveness and efficiency of personal income tax collection and administration in the state is properly managed.
e. To ascertain whether they are corrupt alliance of tax collectors with tax payers to avoid tax for them (tax collector) to make fast money.
1.4 RESEARCH QUESTIONS
Upon the following research questions, hypothesis where formulated.
i. To what extent has the use of mechanical and outdated system of keeping and recording accounts affect tax administration on revenue generation in Delta State?
ii. To what extent does lack of sufficient staff and inadequate training of the available tax collectors affected tax administration on revenue generation in Delta State.
iii. To what extent has lack of improper enlightening of tax payers has affected tax administration on revenue generation in Delta State.
iv. To what extent has tax administration in Delta state been effective and efficiently manage.
Owing to flexibility of tax laws in Nigeria and attitude of government toward the local government level in the area of administration and collection of personal income tax. It is pertinent to make some assumption that will guide the work for an opinion to be expressed
1.5 RESEARCH HYPOTHESIS
HYPOTHESIS ONE:
Ho: The use of mechanical and outdated system does not affect tax administration and collection in Delta State.
Hi: The use of mechanical and outdated system affects tax administration and collection in Delta State.
HYPOTHESIS TWO
Ho2: Enlightening the tax payers on the important of tax payment does not affect tax administration in Delta state.
Hi2: Enlightening the tax payers on the important of tax payments affects tax administration in Delta State.
1.6 SIGNIFICANT OF THE STUDY
The researcher is motivated to study the ways through which internally generated revenue in Delta State could be enhanced.
The information contained here will benefit the society at large as it will expose the society to the need to pay tax and consequence of failure to pay tax.
The study will no doubt charge the aggressive attitude of an average Delta man towards the payment of tax and collectors of taxes who were hitherto regarded as enemies.
Owing to the present steps taking by federal government in re – branding the economy activities, the research work will recommend measure that will be taken by the state Board of internal Revenue, Federal Inland
Revenue Services, budget and Planning department and other government decision – making bodies ways to enhance effective administration of her services and achieve immensely her stated objectives, especially in the area of tax administration on revenue generation.
The study will also unleash problems affecting tax effectiveness, which if appropriate corrective measures taken will go a long way in improving the state internally generated revenue machineries of the government.
1.7 SCOPE OF THE STUDY
The research will focus on:
· Reasons why tax payers avoid or evade tax.
· How tax evasion and avoidance are carried out.
· The rate of revenue generation.
· The manner of sourcing for tax in Delta State.
1.8 LIMITATION OF THE STUDY
The study will cover Delta State with area of concentration on Warri South Local Government Area.
This study would have been extended to the entire local government in Delta State of the Federation but for limitation of resources and time.
· Inadequate time due to the combination of class schedule and project work.
· Uncooperative attitude of some employees that were approached.
· Exeat restriction to go out and source for materials.
· Insecurity as a result of bombings in most states in Nigeria during the period which this work is carried out also limits the study.
· Financial constrains
Despite all this limitations mentioned above and hindrances, the research study no doubt turned out to be successful.
1.9 DEFINITION OF TERMS
Words that are frequently used in this research work are short listed here and briefly discussed to enable the reader get equipped with their meaning. Some which are:
Tax: This can be defined as a compulsory transfer of resources and Income from the private sector in order to achieve some of the nation “economic goals Okpe (2022: 109)
Tax Evasion: Here, the tax payer adopts illegal means so as to pay less than he should ordinarily pay. “It is also involves an unlawful refusal or neglect by a tax payer to pay the tax due.” Aroh & Nwadialor (2009: 352)
Tax Avoidance: This is a means where by the tax payer arranges his affairs legally so that he pays less tax than he should otherwise pay.
Revenue Generation: This is systematic gathering / collection of income revenue.
Revenue: This could be described as an income accruable to person(s), government and organization.
Statutes: This is a legal frame work upon which actions/ inaction are based.
Tax Jurisdiction: This refers to an area where one tier of government has power to collect tax.
Tax Allowance: This refers to the proportion of income exempted from tax.
Tax Holiday: This is a period of grace granted to a company during which its income is not subjected to tax.
Taxable Income: This refers to that proportion of income that is liable to tax.
P.A.Y.E (Pay As You Earn) is one of the systems of personal income tax based on the proportion of the income usually deducted at source.
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