The Federal Inland Revenue Service (FIRS) has issued a letter to diesel suppliers in Nigeria, informing them that they are required to pay value-added tax (VAT) on automobile gas oil (AGO) or diesel imported into the country.
The letter was forwarded by the Assistant
Comptroller-General of Tariff and Trade, MBA Musa IN, on behalf of the Deputy
Comptroller-General of Tariff and Trade to diesel suppliers.
The letter was dated June 8th, 2023, and addressed to diesel
suppliers.
According to the letter, the VAT Modification Order 2021
only exempts petroleum products of HS codes 2709.00.00.00 – 2710.19.12.00 from
paying VAT. AGO or diesel falls under HS Code 2710.19.21.00 and is not exempted
from paying VAT.
Therefore, all future importations of the product should
assess and pay VAT at the point of entry into the country.
The letter also stated that AGO or diesel are not exempted
from destination inspection or import guidelines and as such are expected to
process Form M and PAAR as well as make declarations appropriately in the NICIS
II system.
The decision to charge VAT for diesel importations is stated
to be in compliance with the VAT Modification Order 2021.
“I am directed to forward a letter from Federal Inland
Revenue Service on the above subject matter. The VAT Modification order 2021
only exempts Petroleum products of HS codes 2709.00.00.00 – 2710.19.12.00 from
payment of VAT. AGO or Diesel falls classifiable under HS Code 2710.19.21.00
and is not exempted from paying VAT.”
“Subsequent upon the above, all future importations of the
product should assess and pay VAT at the point of entry into the country.”
Also note that AGO or Diesel are not exempted from
destination inspection or import guidelines and as such are expected to process
Form M and PAAR as well as make declarations appropriately in the NICIS II
system.”
This development comes as a surprise to many diesel
suppliers who have been importing the product without paying VAT for years.
Some of them have expressed their displeasure and confusion
over the new directive, saying that it will increase their cost of doing
business and affect their profit margins.
One of the diesel suppliers, who spoke on
condition of anonymity, confirmed receipt of the letter and stated that they
were “engaging” with relevant authorities to avoid paying the tax.
Another diesel supplier, who also preferred not to be named,
said that he was worried about the impact of the new directive on his customers
and the economy at large. He said that diesel is a widely used product in
Nigeria, especially for power generation and transportation.