15% NAC levy contravenes Finance Act, as Amiwero petitions Buhari –

15% NAC levy contravenes Finance Act, as Amiwero petitions Buhari – The Sun Nigeria

By Steve Agbota                                    

The President, National Council of Managing Director of Licensed Customs Agents (NCMDLCA), Lucky Amiwero has petitioned the Federal Government to review the 15 per cent National Automotive Council (NAC) levy the Nigeria Customs Service (NCS) imposed on imported used vehicles.

He said the 15 per cent NAC slammed on imported used vehicles contravenes the Finance Act and automotive policy in the country.

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Amiwero, in a letter to the President, Muhammadu Buhari,  explained that the Finance Act of 2020 and 2021 do not make provision for the NAC levy of 15 per cent by NCS, which was neither passed by the National Assembly nor signed in to law.

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The letter dated April 23 is titled: “The Duty Rate and Levy Approved for Motor Vehicles in Finance Act of 2020 in Contravention of the NAC 15 Per Cent Levy Inputted by the Nigeria Customs Service (NCS) for Import Duty and Levy Collection.”

Amiwero who was a member of the Ministerial Committee on  Import Clearance Procedures and  Implementation of Fiscal  Policies, said the Finance Acts have specifically approved duties and levies for “Motor Vehicles”, which is yet to be implemented by the NCS.

According to him,  amendment of the first schedule of the Finance Act 2020 provided a reduction in duties and levies on imported vehicles as contained in part VI of the act under Customs And Excise Tariff (Consolidation), section 38, sub-sections A to D.

He said the act stipulated that duty on tractors (HS Heading 8701) be reduced from 35 per cent to five per cent, duty on motor vehicles for transportation of more than 10 persons (HS Heading 8702) and transportatiom of goods (HS Heading 8704) be reduced from 35 per cent to 10 per cent.

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He said the act also provided a reduction of levy on motor vehicles for transportation of persons (cars) with (HS Headings 8703) from 35 per cent to five per cent.

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Amiwero also noted that the NAC levy was not part of the 10- year action plan of the National Automotive Industry Development Plan (NAIDP) approved by the Federal Executive Council (FEC) on October 2013 on duty assessment and levies.

He added that the national automotive policy was adopted after the government and major automobile importers/manufacturers agreement for the growth of the nation’s automobile industry. The letter reads: “Under the  National Automotive Design  and Development Council (NADDC) Act Section 10, subsection 1-(a) specifies  two per cent as collection and not part of the Finance Act 2020 and 2021, which was referred in the circular by Nigeria Customs Service (NCS).

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