Delta State Economic Development Levy Law

DELTA STATE ECONOMIC DEVELOPMENT LEVY LAW

1. Citation. This Law may be cited as the Delta State Economic Development Levy Law.

2. Interpretation. In this Law - "Board of Internal Revenue" means Delta State Board of Internal Revenue established under section 9 of the Finance (Miscellaneous Tax Provisions) Decree, 1993; "Bodies" means companies, corporate or incorporate firms, partnerships and enterprises "levy" means economic development levy established under section 3 of this Law; "State" means Delta State of Nigeria.

3. Establishment of annual economic levy. There is hereby established in the State an annual levy to be known and called the Economic Development Levy Establishment of annual economic levy

4. Bodies to pay levy at specified time. (1) The bodies whose business or enterprises are described in the second column of the Schedule to this Law shall upon issuance of notice pay annually the rates specified against their names in the third column at any rate before the last date of February each year. (2) The sum so specified as the economic levy or contribution shall be paid for economic development of the State. (3) Notwithstanding sub-section (1) of this section, the bodies shall pay the requisite levy within the period specified in a notice issued, by the Board of Internal Revenue in accordance with the Schedule to this Law.

5. Power to seal premises. In the event of default, refusal, neglect or failure to pay the levy aforesaid, the bodies so defaulting shall have its business premises sealed off by or at the instance of the State premises Board of Internal Revenue, to enforce compliance.

6. Appeal against service of notice. (1) Any person upon whom a notice has been served by the Board of Internal Revenue in accordance with sub-section (1) and (3) of section 4 above who objects to the service of the notice for any reason whatsoever, may within fourteen days of service of such notice appeal to the Board of Internal Revenue. (2) An appeal shall not be under sub-section (1) unless the appellant has first deposited with the Board of Internal Revenue at least half of the amount, which has been demanded of him by the Board of Internal Revenue. (3) After hearing the appeal the Board of Internal Revenue may confirm, reduce, increase or annul the amount demanded from and payable by the appellant under this Law or make such further order as the justice of the matter may require.

7. Obstructing payments. (1) Any person who – (a) dissuades or prevents any other person from paying any amount due and payable by that other person under this Law; (b) obstructs or conspires with another person to obstruct the payment of any such amount payable under this Law; (c) does anything capable of obstructing or calculated to obstruct the payment of any amount payable under this Law is guilty of an offence and is liable on conviction to a fine not exceeding two thousand naira orimprisonment for two years or to both. (2) In this section the expression “person” includes a body of persons, whether corporate or unincorporated.

8. Power to make regulations. Without prejudice to the generality of the foregoing, the Commissioner charged with responsibility for matters necessary to be provided for under this Law, may by such regulation- (a) provide for the manner of making remittances to the special account to be opened pursuant to this Law; (b) provide for the manner of making remittances to the Board of Internal Revenue by persons who are empowered to collect levies under this Law; (c) provide for the time and manner of rendering returns by the Board of Internal Revenue; (d) provide for the form and manner of objecting to a demand for any payment or of appealing to the Board of Internal Revenue; and (e) provide for the inspection of and auditing of the books, records and accounts of any person who is required under this Law to make collections for Board of Internal Revenue. Schedule 1 DELTA STATE ECONOMIC DEVELOPMENT LEVY LAW Serial Description of Business Amount No Payable N K

1 Airlines/Shipping Lines 20,000.00 2 Travel Agent/Courier Services 10,000.00 3 Banks 20,000.00 4 Community/People's Bank 2,000.00 5 Finance, Insurance and Investment Company 10,000.00 6 Bakeries and confectioners 2,000.00 7 Business centres/secretarial institutes 1,000.00 8 Block making industries (mechanical) 5,000.00 9 Building materials dealers 5,000.00 10 Beer and spirits (wholesalers) 5,000.00 11 Bookshop/stationery stores 500.00 12 Pool agents 2,000,00 13 Cinemas/night clubs 5,000.00 14 Electronic dealers (small) 1,000.00 15 Fashion designers, salons (above 3 driers) 1,000.00 16 Gaming, casino, and pools companies 20,000.00 17 Hotels: l - 20 rooms 5,000.00 18 Hotels: 20 - 50 rooms 10,000.00 19 Hotels: (more than 50 rooms) 50,000.00 20 First class hotels 100,000.00 21 Major construction companies 100,000.00 22 Other construction companies (indigenous) 20,000.00 23 Major manufacturing companies 100,000.00 24 Other manufacturing companies 10,000.00 25 Vehicle spares parts dealers (medium) 1,000.00 26 Motor dealers (new cars) 10,000.00 27 Motor dealers (second hand) 5,000.00 28 Interior decorators and furniture companies 2,000.00 29 General merchants/distributors/workshops 2,000.00 30 Miscellaneous artisans, carpenters, hairdressers, barbers, mechanics, 500.00 welders etc. 31 Laundries and dry cleaners 2,000.00 32 Pharmaceutical Chemists 2,000.00 33 Private Clinics, Hospitals, Maternities 1,000.00 34 Patent Medicine/Provision Stores 11,000.00 35 Professionals: Estate Agents, Accountants, Architects, 2,000.00 Engineers etc. 36 Publishers/Printers 5,000.00 37 Other Privates (Local) 1,000.00 38 Petrol Stations (Multinational) 10,000.00 39 Petrol Stations (Independent) 5,000.00 40 Officer of Major Oil Marketing Companies 50,000.00 41 1ndependent Oil Marketers 10,000.00 42 Oil Prospecting Companies 1,000,000.00 43 Oil Industry Service-Related Companies 50,000.00 44 Sawmills and Timber Dealers 5,000.00 45 Strategic Manufacturing Companies Refineries etc 500,000.00 46 Security Agency Companies 5,000.00 47 Merchandised Farms 2,000.00 48 Major Departmental/Stores 50,000.00 49 Supermarkets and Stores/Restaurants/Beer Parlour (Large) 10,000.00 50 Super markets and Stores/Restaurants/Beer Parlour (Mediurn) 5,000.00 51 Supermarkets and Stores/Restaurants/Beer Parlours (Small) 2,000.00 52 Transporters/Haulage Trawlers 5,000.00 53 Private Schools (Nursery) 1,000.00 54 Clearing Agents, Port Service Companies Heavy 10,000.00 Equipment Dealers/Hirers 55 Other Miscellaneous Unclassified (Large) 10,000.00 56 Other Miscellaneous Unclassified (Medium) 5,000.00 57 Other Miscellaneous Unclassified (Small) 500.00 58 Small Ports/Private Jetties (less than 200 Square Meters) 200,000.00 59 Small Ports/Private Jetties (20l to 600 Square Meters) 400,000.00 60 Medium Ports/Private Jetties (above-600 Square Meters) 800,000.00 61 Hospital/Maternities Over 30 Beds 5,000.00 62 Hospital/Maternities 11 - 30 Beds 2,000.00 63 Hospital/Maternities 6 - 10 Beds 1,000.00 64 Hospital/Maternities 1 - 5 Beds 500.00 65 Medical Clinics OPD only 2,000.00 66 X-Ray Radiological Services 1,000.00 67 Opthalmological Services Centre 1,000.00 68 Dental Out patient/Clinic 500.00 69 Physiotherapy Clinics 500.00 70 Nutritional Units 500.00 71 Convalescence Homes 500.00 72 Acupuncture Clinics with in Patient 500.00 73 Acupuncture Clinics (OPS only) 1,000.00 74 Embalmment Centres 1,000.00 75 Herbal Homes 500.00 76 Heavy Plant Hires (small) 2,000,00 77 Computer Firms (Hardware & Software) 2,000,00 78 Private Schools - Primary 2,000,00 79 Private Schools - Secondary 3,000,00 80 Private Schools -Higher Institutions 6,000.00 81 Cold Rooms (One Container) 2,000.00 82 Cold Rooms (Over One Container) 6,000.00 83 Private Airports/Heliports 500,000.00 84 Iron Steel Stockist 10,000.00 85 Aluminum Door/Window Fabricator 2,000.00 86 Specialty Restaurants (Chinese etc.) 10,000.00 87 Video (Rental) Clubs 1,000.00 88 Block Making Industries (Manual) 1,000.00 89 Building Materials Dealers (Medium) 1,000.00 90 Spare Parts Dealers (Small) 1,000.00 91 Laundries (Manual) 1,000.00 92 Oil Industries Service Related Companies (Small/Medium) 10,000.00 93 Electronic Dealers (Large) 2,000.00 94 Spare Parts Dealer (Large) 2,000.00 95 Petrol Stations (Independent with Supermarkets) 2,000.00 96 Restaurants (not more than 5 tables) 500.00 Schedule 2

DELTA STATE ECONOMIC DEVELOPMENT LEVY LAW FORM A DEMAND FOR PAYMENT (Section 2 (3)) This notice is to require you to pay to the Delta State Board of internal Revenue the sum of ............................................ (N.........................) being Economic Development Levy for period ........................................... to.....................................

2. The said sum of................................................................... (N.................)shall be paid not later than the ...................... day of ............................ 20................ TAKE NOTICE that failure to comply with the requirements of the preceding paragraph, the Board of Internal Revenue shall take appropriate measures under the Delta State Economic Development Levy Law to recover the amount as a debt accruing from you to the Board of Internal Revenue together with any interest thereon. DATED the........................................ day of.....................................................

20...................... Director of the Board of Internal Revenue To ............................... .................................... .................................... ....................................