Prosecution in Criminal Tax Proceeding in Nigeria, Legal Challenges

Tax, being a compulsory exertion by government on the citizen, is regulated by statute in which case citizens are to comply with. It is a strict liability offence which if it is demanded that you have not paid, the defence is for you to show you have paid. Be it an individual or corporate body. The...

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Main Author: Rita Dashe Selkur
Format: Article
Language:English
Published: Nomos Verlagsgesellschaft mbH & Co. KG 2020-01-01
Series:KAS African Law Study Library
Online Access:https://www.nomos-elibrary.de/10.5771/2363-6262-2019-4-523
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author Rita Dashe Selkur
author_facet Rita Dashe Selkur
author_sort Rita Dashe Selkur
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description Tax, being a compulsory exertion by government on the citizen, is regulated by statute in which case citizens are to comply with. It is a strict liability offence which if it is demanded that you have not paid, the defence is for you to show you have paid. Be it an individual or corporate body. The concept of prosecution in Taxation in Nigeria is roughly captured by the FIRS ACT for the Federal government and the SIRB Law for the various States, including the TAT ACTS as an undertaking in the progressive development and reform of the substantive and applicable laws in Nigeria to be on the same page with the developed countries. Where there is an offence, the law proscribes for penalty which could be in terms of fines, imprisonment etc. However, some of these offences are sometimes not prosecuted. It is recommended that in order to ensure tax compliance, prosecution of offences should be taken seriously as the outcome of any tax matter affects the behaviour of tax payers wherein, it is taken that the motivation for crime is the criminal’s belief that he can enjoy his loot. I have highlighted the importance and the process in prosecution of Tax offences, the worrying aspect in my humble view in form of the challenges which needs to be considered critically then finally, a pause to rethink and the way forward. Useful materials were gotten from books, journals and the internet.
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spelling doaj.art-59df43843dfd40208572794ac6cc94b62022-12-21T23:42:45ZengNomos Verlagsgesellschaft mbH & Co. KGKAS African Law Study Library2363-62622020-01-016452354010.5771/2363-6262-2019-4-5231057712363626220194523Prosecution in Criminal Tax Proceeding in Nigeria, Legal ChallengesRita Dashe SelkurTax, being a compulsory exertion by government on the citizen, is regulated by statute in which case citizens are to comply with. It is a strict liability offence which if it is demanded that you have not paid, the defence is for you to show you have paid. Be it an individual or corporate body. The concept of prosecution in Taxation in Nigeria is roughly captured by the FIRS ACT for the Federal government and the SIRB Law for the various States, including the TAT ACTS as an undertaking in the progressive development and reform of the substantive and applicable laws in Nigeria to be on the same page with the developed countries. Where there is an offence, the law proscribes for penalty which could be in terms of fines, imprisonment etc. However, some of these offences are sometimes not prosecuted. It is recommended that in order to ensure tax compliance, prosecution of offences should be taken seriously as the outcome of any tax matter affects the behaviour of tax payers wherein, it is taken that the motivation for crime is the criminal’s belief that he can enjoy his loot. I have highlighted the importance and the process in prosecution of Tax offences, the worrying aspect in my humble view in form of the challenges which needs to be considered critically then finally, a pause to rethink and the way forward. Useful materials were gotten from books, journals and the internet.https://www.nomos-elibrary.de/10.5771/2363-6262-2019-4-523
spellingShingle Rita Dashe Selkur
Prosecution in Criminal Tax Proceeding in Nigeria, Legal Challenges
KAS African Law Study Library
title Prosecution in Criminal Tax Proceeding in Nigeria, Legal Challenges
title_full Prosecution in Criminal Tax Proceeding in Nigeria, Legal Challenges
title_fullStr Prosecution in Criminal Tax Proceeding in Nigeria, Legal Challenges
title_full_unstemmed Prosecution in Criminal Tax Proceeding in Nigeria, Legal Challenges
title_short Prosecution in Criminal Tax Proceeding in Nigeria, Legal Challenges
title_sort prosecution in criminal tax proceeding in nigeria legal challenges
url https://www.nomos-elibrary.de/10.5771/2363-6262-2019-4-523
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