THE Federal Inland Revenue Service (FIRS) yesterday lost a bid to get the sum of US$167,700,000 as income tax from Halliburton Energy Services Nigeria, being 30 percent of the US$559 million Halliburton money paid to United States authorities in lieu of bribes given to Nigerian Officials.
The loss by FIRS was sequel to a verdict by a Lagos Tax Appeal Tribunal, which described FIRS’ notice of Assessment dated February 24, 2009 to Halliburton Energy Services Nigeria, alleged to be a subsidiary of Halliburton Inc. USA as defective, being speculative contradiction and inconsistent with the relevant tax laws.
FIRS has by a notice of Assessment dated February 24, 2009 raised an assessment of US$167,700,000, which it described as disallowed expenses and profits, and asked Halliburton Energy Services Nigeria Limited to pay the said sum.
In the letter signed by D. D. Ogedengbe for the executive chairman of the service, FIRS argued that since the entire bribe would have formed part of the expenses that was charged in the tax returns to FIRS, an amount of US$559 million is disallowed for tax purposes by the appellant.
Also in a covering letter dated February 25, 2009, FIRS (the respondent in the appeal) noted that the fine of US$559 million payable to the US authorities in lieu of bribes given to Nigerian officials for operations in Nigeria fall within the group of disallowed expenses and profits.
Dissatisfied with the development, Halliburton Energy Services Nigeria filed an appeal at the Tax Appeal Tribunal in Lagos pursuant to section 59 and Article 13 of the Fifth schedule to the Federal Inland Revenue Services Establishment Act, N0.13 of 2007.
In the appeal, the appellant argued that it was not involved in the payment of any bribes and that it has never claimed any related revenue expenses or deductions in any of its tax returns to FIRS.
It also argued that it is not an agent or representative of Halliburton Inc. (USA) in Nigeria and does not represent the company in any manner whatsoever.
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