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Deloitte Soothes Taxpayers’ Concerns Over LHDN’s Power To Directly Access Bank Accounts

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Deloitte Malaysia has stepped forward to reassure Malaysians that they need not be too worried about a recent amendment made to the Income Tax Act 1967, which grants the Inland Revenue Board (LHDN) direct access to taxpayers’ bank accounts. This is because the right will only be exercised if a garnishee order application is made in court.

For context, the government had recently passed the Financial Bill 2021, which introduced amendments to several Acts – one of which is the inclusion of a new Section 106A in the Income Tax Act 1967. Under this new section, LHDN will no longer be required to inform or obtain consent from taxpayers while requesting their bank account details for reviews or investigations.

According to the tax audit and investigation executive director of Deloitte Malaysia, Mohd Fariz Mohd Faruk, it is crucial for the public to first understand the specific conditions of the new Section 106A. “The power to call for bank account information must be for the purpose of making garnishee order application. One must be clear of the definition of garnishee proceedings,” he said in a statement.

Essentially, a garnishee proceeding is a court-approved process where creditors are allowed to recover money owed to them by requesting for a third party (who is indebted to the debtor) to hand over any of the debtor’s assets that are currently in the third party’s possession.

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“This would mean that a civil proceeding must have been instituted against a person and a judgment has been obtained against that person for LHDN to be able to obtain the bank account information of that person from the financial institutions. The purpose of obtaining such bank account information is for LHDN to make the application to the court for a garnishee order (i.e. to recover tax due and payable by the person to the government),” Mohd Fariz explained.

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Mohd Fariz also stressed that the director-general of LHDN (DGIR) must have a notice if he wishes to request for any taxpayers’ bank account details. “The new Section 106A does not permit or extend the power to the DGIR to obtain such information for other purposes,” he said.

Additionally, Mohd Fariz addressed the matter of Subsection (2) in Section 106A, which prohibits banks from disclosing to taxpayers when such requests have been made. “This does not mean that LHDN has a free hand to ask for bank account information of a taxpayer from financial institutions in ‘secret’ or ‘private’ without the taxpayer’s knowledge,” he stated, adding that the personal and bank account information of taxpayers will still be protected by respective banking secrecy laws, such as the Personal Data Protection Act 2010 (PDPA).

Given these conditions, Mohd Fariz said that the public can have confidence in an ethical implementation of Section 106A, as it is ultimately intended to promote tax compliance and to provide the ability to recover tax debts due to the government. “The new power granted to LHDN can be seen as far-fetched but in reality, it may not be widely applicable or implemented to people on the street who have been complying with their income tax obligations,” he said.

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Naira gains 4.8% after debut domestic dollar bond sale

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Naira records highest gain after domestic dollar bond sale

The naira gained 4.8% against the US dollar, its biggest increase in two months, after Nigeria’s debut domestic dollar bond sale. The currency closed at 1,558 naira per dollar, the strongest level since August 21.

 

Nigeria’s naira recorded its highest gain in nearly two months, appreciating by 4.8% against the US dollar following the successful sale of the country’s first-ever domestic dollar bond.

According to Bloomberg, the currency surged to 1,558 naira per dollar on Wednesday, marking its strongest level against the dollar since August 21.

 

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Also read: Naira misses IMF exchange rate listing for June

 

This leap represents the naira’s largest jump since July 22. The boost in value came after Nigeria’s domestic dollar bond attracted $900 million in subscriptions, part of a $2 billion bond programme registered with the Securities and Exchange Commission.

Wale Edun, Nigeria’s Minister of Finance, revealed that the $500 million bond, with a five-year maturity and a 9.75% coupon, is just the first tranche of the programme.

The structure allows the government to absorb additional subscriptions up to the full $2 billion limit.

Edun further stated that the bond’s proceeds will be used for key sectors of the economy, as authorised by President Bola Tinubu.

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The bond issuance drew interest from a wide range of investors, both local and in the diaspora, as well as institutional investors.

The bond’s success and high demand have improved investor sentiment, which contributed to the naira’s recent strength.

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Analysts believe this could mark a turning point for the currency as it stabilises amid ongoing economic reforms.

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Nigerian engineers accuse Huawei of labor violations, poor welfare

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Nigerian Telecom Engineers Accuse Huawei of Labor Violations

Nigerian telecom engineers have accused Huawei of labor law violations, citing poor working conditions, stagnant salaries, and lack of welfare benefits. The engineers have called for an investigation into Huawei’s practices.

 

Nigerian telecom engineers have launched a social media protest accusing Huawei of violating labor laws and exploiting workers.

The engineers claim that they face poor working conditions, stagnant salaries, and lack of essential welfare benefits.

 

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Also read: Nigerian varsity students win grand prize at Huawei Global ICT competition

 

The protest featured placards with messages such as “MTN/Airtel, stop using Huawei to enslave us” and “No pension scheme, poor HMO, no to work threat.”

 

The key grievances include:

 

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Stagnant Salaries:  Engineers reported receiving less than $100 per month despite working 24 hours a day, seven days a week without annual leave.

Lack of Operational Tools:  Workers complained about the absence of essential tools like vehicles and laptops.

No Pension Scheme:  There is no pension provision for the engineers.

Poor Healthcare:  The lack of adequate healthcare and personal protective equipment (PPE) was highlighted.

Inadequate Risk Allowances:  Rigorous tasks are performed without proper risk allowances or compensation.

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The protest has also brought to light the neglect of operational data and phone call credits, which are critical for the engineers’ daily tasks.

Despite attempts to obtain a response from Huawei, MTN, and Airtel, there has been no official statement from the companies.

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The engineers have called on Nigeria’s Ministry of Labour to investigate the issue and ensure that workers’ rights are upheld.

 

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Benue government defends sealing oracle business limited over N130 million tax debt

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Benue Government Oracle Business Limited tax debt

The Benue Government defends sealing Oracle Business Limited, owned by Samuel Ortom, citing N130 million tax debt accumulated over five years, not political reasons.

 

The Benue Government has clarified its decision to seal Oracle Business Limited and its subsidiaries, owned by former governor Samuel Ortom, was due to an outstanding tax debt of over N130 million accrued over five years.

Acting Executive Chairman of the Benue State Board of Internal Revenue, Sunday Odagba, refuted claims that the action was politically motivated due to Ortom’s differences with his successor.

 

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Also read: Tax now highest revenue source to federation – FG

 

Odagba explained that the sealing of Oracle Business Limited was part of a broader effort to recover unpaid taxes from corporate entities owing the state government.

He dismissed allegations from the company’s management that their tax liability had been reduced to N38 million, which they claimed to have paid.

According to Odagba, Oracle Business Limited has not paid taxes for five years, and the company failed to respond to multiple invitations for tax reconciliation.

The Benue Government’s action underscores its commitment to enforcing tax compliance and recovering debts from corporate entities within the state.

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