Published: September 4, 2024
- NaFAA is accused of withholding US$69,888 in income taxes
- NaFAA allegedly ignored multiple communications from the LRA and Ministry of Justice, prompting legal action.
- NaFAA confirms legal action, says discussions with LRA are underway.
Monrovia – The Liberian Investigator has gathered that the Liberia Revenue Authority (LRA) has taken the National Fisheries and Aquaculture Authority (NaFAA) to court over its alleged failure to remit budgetary contributions and deducted income taxes to the Revenue Authority.
Under the current fiscal year, NaFAA is expected to contribute US$1,569,888 to the National Budget. This amount includes US$69,888 in taxes deducted from employees’ wages and salaries, which, under Liberian law, must be remitted to the government.
The Liberian Investigator further gathered that the Fisheries Authority, despite repeated reminders through formal communications and telephone calls from the LRA and the Ministry of Justice, reportedly remained defiant regarding the payment, prompting the LRA to take the matter before the Tax Court at the Temple of Justice.
The National Port Authority (NPA) has also failed to remit about US$5 million to the government.
The Director of Communications at NaFAA, Mr. Lewis Konoe, confirmed the legal action against the entity but told The Liberian Investigator that NaFAA’s lawyers are in talks with the LRA over the matter. Konoe, however, refuted claims that the amount in question includes deducted income taxes.
The legal basis for the LRA’s action is grounded in several provisions of the Liberia Revenue Code. Section 12(b) of the Code mandates that any unpaid taxes shall be adjudged as tax debt and must be paid along with applicable penalties and interest. Additionally, Section 69 empowers the LRA to recover all government taxes from debtors, including state-owned enterprises (SOEs) like NaFAA. Further strengthening the LRA’s case, Section 8, Subsection “J” of the 2024 Budget Law explicitly grants the LRA the authority to view internal revenue-generating accounts of entities like NaFAA and to garnish funds in cases of non-compliance. It states: “The Liberia Revenue Authority shall have viewing rights on all internal revenue-generating accounts of revenue-generating entities, including all State-Owned Enterprises, and reserves the right to garnish funds for non-compliance in the case of SOEs.”
Danicius Kaihenneh Sengbeh, Manager for Communication, Media, and Public Affairs at the LRA, confirmed the legal action against NaFAA, stating, “At the LRA, we are committed to collecting the lawful taxes wherever they are and wherever we legitimately find them. It’s our obligation to go after the taxes. The issue of NaFAA is before the court, and not being a lawyer, I am careful about how I speak to it. But, yes, I can confirm that our legal team has taken the appropriate legal action against NaFAA to recover and collect the legal revenue for the people of Liberia.”
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