A Senior Advocate of Nigeria, Chief R.O. Balogun, SAN, has asked a Federal High Court in Ilorin, Kwara State, to nullify a provision in the 2020 Value Added Tax (VAT) Modification Order, which approved the collection and remittance of VAT on basic food items sold by restaurants and hotels in Nigeria.
The VAT Modification Order 2020, now being challenged, had included basic food items (agro- and aqua-based staple food) among the extended list of items exempted from Value Added Tax at the time.
However, the order stated that VAT exemption did not cover basic food items sold in restaurants, hotels, eateries, lounges, and other similar premises, as well as by contractors, caterers, and similar vendors.