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pathfinder - The Institute of Chartered Accountants of Nigeria

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PATHFINDERAll the above principles will not be considered by the courts in deciding whetheran activity constitutes a trade or not as was done in the case <strong>of</strong> Arbiz limited vFederal Inland Revenue Service.(ii) Foreign employment“Foreign employment” means an employment the duties <strong>of</strong> which are whollyperformed outside <strong>Nigeria</strong>, save during any temporary visit <strong>of</strong> the employee to<strong>Nigeria</strong>.An individual who holds a foreign employment on the first day <strong>of</strong> January in ayear <strong>of</strong> assessment, who first becomes liable to income tax in <strong>Nigeria</strong> for that yearby reason <strong>of</strong> his entering that employment during that year, shall be deemed to beresident for that year in the territory in which the principal <strong>of</strong>fice <strong>of</strong> hisemployment is situated on that day, or on the day his foreign employmentcommences, as the case may be.EXAMINERS‟ REPORT<strong>The</strong> question tests the candidates‟ ability to compute the assessment <strong>of</strong> individual taxpayers.Many candidates attempted the question and demonstrated a good understanding <strong>of</strong>it with the exception <strong>of</strong> foreign income where the performance was poor.<strong>The</strong> commonest pitfall was the inability <strong>of</strong> candidates to present the solution in a flow.Candidates are advised to learn presentations <strong>of</strong> the assessment <strong>of</strong> individuals.INTERMEDIATE EXAMINATION - NOVEMBER 201074

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