PROBLEMS OF PERSONAL INCOME TAX GENERATION AND ADMINISTRATION

ABSTRACT

This project work is carried out on problem of personal income tax generation and administration taxation can be simply defined as a compulsory contribution by individuals and organizations to a statutory Authority.  The merits of taxations are numerous for instance, it could be used for re-distribution of income or for stabilizing the economy.  In the recent past and till date it has not been easy to fully realized the objectives of taxation owing to the existence of inefficiency and ineffectiveness in the system of administration and collection of personal income tax in Enugu state. This project problems of personal income tax Generation and Administration in Enugu State.  (A case study of internal Revenue Enugu – North) will highlight those problem militating against the attainment of the objective of taxation.  In carrying out this research work, questionnaires bad been used to collect data and simple percentage analysis was used to analyse the data collected.   Also this research work enabled me to observed whether inhabitants of Enugu North Local Government Area indulge so much in tax avoidance and tax evasion because they have not been sufficiently enlightened on the important and merits of taxation. Finally the research work carried out helped the researcher to know if there is enough personnel needed for effective tax collection and administration.  The limitation of this study is monetary problem and time, there will be scarcity of accurate national statistics.

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 to wards 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 personal being entrusted with the work of collection and administration of personal income tax. 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            BOARD OF INTERNAL REVENUE ENUGU

The board of internal revenue Enugu was established to administer income tax in Enugu state just as there are in other states of the federation. Income tax was first introduced in Nigeria in 1904 by late Lord Lugard.  The introduction of Native Revenue ordinance of 1927 was most difficult in the Eastern areas of the country, due mainly to abserice of recognized central Authority Resistance to this form of direct taxation in such that it leaf to riots notably in calabar, Owerri and the famous, Aba women Riot of 1929 which was so severe that it attracted a probe.  Beside, the Native Revenue ordinance were also Native direct taxation ordinance for the colony and the Native income tax ordinance. These ordinance were late modified and incorporated into the Direct taxation ordinance No 29 of 1940, cap 54 and the income tax ordinance No 29 of 1943 respectively. The direct taxation ordinance 1940 empowered native authorities to tax Africans in their areas of jurisdiction while the income tax ordinance 1943 was for the taxation of non-Africans in companies.  The two ordinances were the foundation of our modern taxation which necessitated establishment of board of internal revenue in each of the states of the federation which Enugu Board of internal Revenue is on of them.

ADMINISTRATIVE STUCTURE OF THE BOARD OF INTERNAL REVENUE IN THE AREA

The zonal tax Authority which Enugu North Board of internal Revenue belongs to the Enugu Zonal Authority.  The highest authority in the Area is the Assessment Authority.

THE ASSESSMENT AUTHORITY

The assessment officer is the head of the board of internal Revenue in the area.  He is appointed by the Board of internal Revenue, Enugu State.  He is responsible for the assessment of tax and its collection and as well as accounting for it.  He carries out the duty with the help of collection, Assessment and Administrative officers.  He is directly in change of assessment and administration. He has the power to issue notice to tax payers to deliver statement of incomes or to finish further returns. Where there is suspected doubts as to genuiness of returns, he might ask the tax payer to produce before assessment Authority books and documents of the tax payer covered by pay as you earn (PAYE). The Assessment Authority could ask an employer to prepare and deliver a return on his employees. After assessment and responsibility of collection of this assessed income rests on the tax collector. He makes use of tax agents, tax drivers or the workers of the board and other processes which may be applied from time to time to generate tax in the area.

ADMINISTRATIVE FRAMEWORK

The structural administration of personal income tax is rested in the joint tax Board (JTB) under the income tax management Act 1961. The board is made up the chairman who is appointed by federal Board of internal Revenue (FBIR) which is the federal body.   The personal must be experienced in tax matters.  Also, a secretary and a legal adviser are appointed, some of their functions are:

a.  To exercise the powers or duties conferred upon them by any express provision of the Act, and any other power and duties arising under the Act which may be agreed by the board. To exercise the powers and duties conferred on them by any anactment of the Federal Government imposing tax on the income.

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