How to Handle Tax Penalty

If you are in business, whether you are just starting or already in business, you don't want to get into trouble with the tax officials. However, there are lots of businesses who are already in such trouble and do not know the way out. The tax officials may not come to you when you are still a very small business, but when you become a big brand, they will come after you. And the penalty then will be worse than you can imagine. So, the earlier you deal with the tax issues, the better. This post will guide you in the right direction.

How to Handle Tax Penalty
By BusinessIQ Africa Team

Published June 10th. 2020

“Show me the denarius [ancient Roman silver coin]. Whose name and inscription is this?” They replied saying, “it is Caesar Augustus Tiberius.”  Then He said “give to Caesar what belongs to Caesar.” This is a critical conversation that transpired between the greatest controversial human right activist ever live and the Jewish teachers of the law in Rome. Although the citizens of Judaea rioted, several times, based on the taxes imposed on them by the emperor of Rome, such taxes were necessary. One of the taxes was the poll tax instituted after the census was taken when the human right activist was a child. The poll tax also known as head tax was a very important source of revenue for the Roman Empire.

The same way taxes were relevant sources of income in the days of Caesar, so it is in your country today. Although in developed countries, there is a dynamic system designed to assist tax payers and track down tax evaders, in less developed countries, it is still an ongoing project. However, as a business owner, you and your business don’t want to be caught evading tax.

Understanding the tax agencies, its regulations and unpublicized laws governing business operation in your country is very important. You will ignore such at your own peril. As a business owner, whether you have been in business or just getting started, find the agencies that are responsible for taxes in your country. And make sure you find out the best possible way you can deal with them to avoid breaking some laws that may hinder the progress of your business. In Nigeria, the agencies responsible are the Federal Inland Revenue Service (FIRS) and State Inland Revenue Service. So, if you are just starting, walk into their offices in your locality to understand what you need to do.

If you can’t summon the courage to walk into their offices because of the negative things you have heard about them, you can get yourself a business lawyer, an accountant or consultant to educate you on the procedure and how to deal with the tax agencies. But if you have been running your business and have been evading tax, then you need to know how to deal with this tax agencies because they won’t go away and they do not need court order to seize your properties—inventory, desks and bank accounts—and also padlock your office door. Meaning, they can shut down your business.

How do you know you are indebted to these agencies? If you have registered your business for some years and you have not paid any tax or file in returns, whether your business is exempted or not, then you are indebted them. You have what we call accumulated penalty that may affect your business in the future when it becomes a big brand. It is like sitting on a time bomb waiting to explode when you least expect it. To prevent them from invading your business space in the future, here is what you need to do.

Firstly, get yourself an accountant, business consultant or lawyer who is skillful in tax matters. You need such to explain the process to you and also negotiate on your behalf if need be. Through your hired professional, you may need to get in touch with the tax agencies.

Secondly, you will need to provide them with your financial information, which obviously they will request for. Although, you don’t have to tell a white lie to a tax officer, full disclosure of your finances and assets is also not a good idea. However, note that you are not legally required to disclose anything about your financial status to any of their officers unless you are formally summoned.

Thirdly, ask for reduced and suitable payment plan. The threat of the tax agencies can be worse than their actions (they are very slow to act), but it is important that you show your cooperation; ask for reduced and suitable payment plan that will be convenient for you and your business. However, if the case is the extreme, you should consider the last option, which is to file for bankruptcy. Although the process is quite lengthy, it can reduce or totally wipe off your tax debts. Whatever you are doing to deal with the tax agencies, make sure you have a hired professional guiding you through the processes.

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