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UPDATED: FG files tax evasion charges against Binance

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The Federal Government has filed a criminal charge against Binance, a popular cryptocurrency platform, for “tax evasion”.

The charge was filed before the federal high court in Abuja on March 25 by the Federal Inland Revenue Service (FIRS), according to a statement on Monday.

 

The FIRS said the move is aimed at upholding fiscal responsibility and safeguarding the economic integrity of the country.

 

The lawsuit, designated as suit number FHC/ABJ/CR/115/2024, “implicates Binance with a four-count tax evasion accusation.”

 

“Joined with the crypto company as second and third defendants in the suit are Tigran Gambaryan and Nadeem Anjarwalla, both senior executives of Binance currently under the custody of the Economic and Financial Crimes Commission (EFCC),” the statement reads.

 

The FIRS said the charges levied against Binance include non-payment of value-added tax (VAT), company income tax, failure to file tax returns, and complicity in aiding customers to evade taxes through its platform.

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‘BINANCE FAILED TO REGISTER WITH FIRS’

More so, in the suit, the federal government also accused Binance of failing to register with the FIRS for tax purposes and contravening existing tax regulations within the country.

“One of the counts in the lawsuit pertains to Binance’s alleged failure to collect and remit various categories of taxes to the federation as stipulated by Section 40 of the FIRS Establishment Act 2007 as amended,” the agency said.

 

“Section 40 of the Act explicitly addresses the non-deduction and non-remittance of taxes, prescribing penalties and potential imprisonment for defaulting entities.”

 

The FIRS also detailed specific instances where Binance purportedly violated tax laws, such as failing to issue invoices for VAT purposes, thus obstructing the determination and payment of taxes by subscribers.

 

Citing the Act, the tax body said “any company that transacts business in excess of N25 million annually is deemed by the Finance Act to be present in Nigeria”.

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“According to this rule, Binance falls into that category. So, it has to pay taxes like Company Income Tax (CIT) and also collect and pay Value Added Tax (VAT),” the statement further reads.

 

“But Binance did not do this properly. So, the company broke Nigerian laws and could be investigated and taken to court for this infraction.”

 

The agency said it remains resolute in its commitment to ensuring compliance with tax regulations and combating financial impropriety within the cryptocurrency sector.

The federal government had recently accused the cryptocurrency platform of manipulating foreign exchange (FX) rates, leading to a clampdown on crypto trading platforms.

On February 28, two of Binance’s top executives — Nadeem Anjarwalla, a 37-year-old British-Kenyan and Binance’s regional manager for Africa; and Tigran Gambaryan, a 39-year-old US citizen and Binance’s head of financial crime compliance, were detained by the Nigerian authorities for weeks.

 

Subsequently, a federal high court in Abuja ordered Binance Holdings Limited to provide the Economic and Financial Crimes Commission (EFCC) with the comprehensive data or information of all persons from Nigeria trading on its platform.

READ  JUST IN: FG slams $10bn fine on Binance for ‘illegal transactions’ in Nigeria

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ENI Deal: Oando set to boost oil output to 50,000 BPD

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It is no longer news that Oando Plc Group Chief Executive, Jubril Adewale Tinubu, has been instrumental in the transformation of Oando group into a multinational energy player across the upstream, midstream, and downstream sectors.

 

Over the years, he has succeeded in positioning Oando as a leading integrated energy solutions provider in the continent of Africa.

From its current 25,000 barrels per day, Oando expects to double its oil equivalent output to 50,000 barrels per day upon finalizing its landmark deal with energy giant Eni.

This projection, disclosed by Oando Chief Operating Officer, Mr. Alex Irune to S&P Global Commodity Insights, in a recent interview, comes with the expectation of further scaling up to 100,000 barrels daily by 2029 through new drilling and security improvements.

The disclosure follows the announcement eight months ago of a historic agreement with Eni for the acquisition of 100 percent of Nigerian Agip Oil Company Limited (NAOC Ltd).

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The proposed deal, awaiting ministerial consent and regulatory approvals, would elevate Oando’s stake in OMLs 60, 61, 62, and 63 from 20 percent to 40 percent.

This reflects a shift in Nigeria’s oil and gas sector, with indigenous firms taking over from departing International Oil Companies (IOCs).

Irune, in a recent interview, downplayed concerns about approval delays.

He stated that the focus is on “ensuring the country isn’t materially impacted” and that “indigenous players are able to take advantage of this opportunity.” Oando, poised to become a major domestic producer, is “on track” to close the deal this quarter, Irune added.

S&P Global Commodity Insights estimates the acquisition value at $500 million.

It covers four oil-producing blocks (OMLs), a joint venture with the Brass terminal, onshore exploration concessions, and power plants.

Eni currently holds a 20 percent operating stake alongside Oando and the Nigerian National Petroleum Company Limited (NNPC), which holds the remaining 60 percent.

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The company’s dual listing on the Nigerian and Johannesburg Stock Exchanges underscores its regional and global reach.

Tinubu’s influence extends beyond Oando’s direct operations. Through Ocean and Oil Development Partners (OODP), co-owned with Omamofe Boyo, he indirectly holds a significant 66.67 percent stake in Oando to solidify his position in Nigeria’s energy sector.

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FULL LIST: 16 banking transactions not affected by new CBN’s cybersecurity levy

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The Central Bank of Nigeria (CBN) has ordered all banks to start charging a 0.5 per cent cybersecurity levy on all electronic transactions within the country excluding 16 listed banking deals.

 

According to a circular signed by the Director, Payments System Management Department, Chibuzo Efobi; and the Director, Financial Policy and Regulation Department, Haruna Mustafa; the cybersecurity would commence two weeks from May 6, 2024.

The apex bank, in the circular, directed to all commercial, merchant, non-interest, and payment service banks, among others; to start the implementation of the cybersecurity charges after two weeks of the information.

 

“The levy shall be applied at the point of electronic transfer origination, then deducted and remitted by the financial institution. The deducted amount shall be reflected in the customer’s account with the narration, ‘Cybersecurity Levy,’” the circular partly read.

 

However, the CBN listed 16 banking transactions exempted from the new cybersecurity levy.

READ  UPDATED: Act of blackmail — FG says no official demanded $150m bribe from Binance

The exempted transactions are listed below:

1. Loan disbursements and repayments

2. Salary payments

3. Intra-account transfers within the same bank or between different banks for the same customer

4. Intra-bank transfers between customers of the same bank

5. Other Financial Institutions instructions to their correspondent banks

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6. Interbank placements,

7. Banks’ transfers to CBN and vice-versa

8. Inter-branch transfers within a bank

9. Cheque clearing and settlements

10. Letters of Credits

11. Banks’ recapitalisation-related funding – only bulk funds movement from collection accounts

12. Savings and deposits, including transactions involving long-term investments such as Treasury Bills, Bonds, and Commercial Papers

13. Government Social Welfare Programmes transactions e.g. Pension payments

14. Non-profit and charitable transactions, including donations to registered non-profit organisations or charities

 

15. Educational institutions’ transactions, including tuition payments and other transactions involving schools, universities, or other educational institutions

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16. Transactions involving bank’s internal accounts such as suspense accounts, clearing accounts, profit and loss accounts, inter-branch accounts, reserve accounts, nostro and vostro accounts, and escrow accounts.

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CBN directs banks to charge 0.5% cybersecurity levy on electronic transactions

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The Central Bank of Nigeria (CBN) has directed banks and other financial institutions to implement a 0.5 percent cybersecurity levy on electronic transfers.

 

This is contained in a circular signed by Chibuzor Efobi, director of payments system management and Haruna Mustafa, director of financial policy and regulation on Monday.

 

The directive was issued to commercial, merchant, non-interest and payment service banks, as well as mobile money operators.

 

CBN said the policy would take effect in two weeks and charges would be described as ‘Cybersecurity Levy’.

 

According to the apex bank, the deduction and collection of the cybersecurity levy is a sequel to the enactment of the Cybercrime (prohibition, prevention etc) Amendment Act of 2024.

 

“Following the enactment of the Cybercrime (Prohibition, Prevention, etc) (amendment) Act 2024 and under the provision of Section 44 (2)(a) of the Act, “a levy of 0.5% (0.005) equivalent to a half percent of all electronic transactions value by the business specified in the second schedule of the Act, is to be remitted to the National Cybersecurity Fund (NCF), which shall be administered by the Office of the National Security Adviser (ONSA),” CBN said.

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CBN said the charges would be remitted to the national cyber security fund, which would be administered by the office of the NSA.

 

“Deductions shall commence within two (2) weeks from the date of this circular for all financial institutions and the monthly remittance of the levies collected in bulk to the NCF account domiciled at the CBN by the 5th business day of every subsequent month.”

 

CBN said failure to remit the levy is an offence which attracts a fine of not less than 2 percent of the annual turnover of the defaulting business, amongst others.

“Finally, all institutions under the regulatory purview of the CBN are hereby directed to note and comply with the provisions of the Act and this circular.”

 

Meanwhile, earlier, banks announced the reintroduction of 2 percent charge on deposits above N500,000.

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