●Over 120 registered in
Europe, others ●Experts warn of security
risks
A plan by the Federal Government to go after wealthy tax defaulters is faced with some hurdles in the aviation sector as most private jets in the country could hardly be traced to individuals using them.
The
Guardian Nigeria report continues:A plan by the Federal Government to go after wealthy tax defaulters is faced with some hurdles in the aviation sector as most private jets in the country could hardly be traced to individuals using them.
An
investigation revealed that the multi-million dollar worth of super luxury
gadgets, about 200 of them in Nigeria, were registered under shell companies
while the identities of the real owners are left to speculation.
A
handful of rich Nigerians, including religious leaders, have been said to own
private jets under such conditions. Experts are, however, worried that the
practice, besides aiding tax evasion, poses security risk and violates the
guiding Nigerian Civil Aviation Regulations (NCARs).
The
Guardian learnt that a total of 409 scheduled and non-scheduled aircraft are
currently in the records of regulatory agencies. About half of the aircraft are
privately owned. Except those owned by the presidency (presidential fleet), key
government agencies like the police, customs and National Emergency Management
Agency (NEMA), state governments like Rivers and multinationals companies,
others were registered under non-trading companies.
Another
exception is a popular Pentecostal church in Ota, Ogun State that has since
upgraded to the status of an airline (Dominion Air) with its own Air Operating
Certificate (AOC). Another Pentecostal church, with its international camp on
Lagos-Ibadan Expressway has enlisted its private jet under Dominion Air. The
rest are allegedly owned by unknown Nigerians who have registered over 120
overseas and the rest in Nigeria under company names.
It
was learnt that most of the owners get lawyers that are versed in international
and company laws to register shell companies on their behalf in offshore tax
havens in Europe and Middle East where little or no tax is paid.
A
reliable source at the Nigerian Civil Aviation Authority (NCAA) said while it
is easy to count how many private jets are in operation in the country, “it
would be very difficult for anyone to know who owns what.”
Reason:
“Hardly do they register in their own names, but in the name of a third party,
that is if they register here at all. Most of them are registered in places
like South Africa and Europe. Yes, it is funny to say owners of our private
jets are unknown, but that is the situation around here. It is not for NCAA to start
asking for names,” he said on condition of anonymity.
A
chief pilot formally attached to a wealthy Nigerian noted that it was more
convenient to have the aircraft registered in the country of manufacture or
overseas because insurance premium is cheaper compared to “high-risk Nigerian
environment” coupled with high second-hand value overseas.
“The
other reason that we cannot overlook is the tax, considering that taxes on
these aircraft in relation to their worth are equally very huge. Why would the
rich not want to bypass the system if it allows it?”
Popular
brands and models include the Bombardier Challenger 604 and 605; Global
Express, Global 6000; Hawker Siddley 125 and 900; Gulfstream 450, 550 and 650;
Embraer Legacy, Fenum and Citation with the cost ranging from US$25 million
(about ₦7.65 billion) to US$40 million ( about ₦12.24 billion).
The
Gulfstream G650, said to be state-of-the art, costs US$65 million (about ₦19.9
billion). It’s the biggest, fastest, and overall best private jet money can
buy. Many wealthy Nigerians own this aircraft type.
According
to reports, Federal Government agencies currently get about ₦12 billion yearly
from taxes, charges, over-flier, landing and parking of the jets. At full
compliance with mandatory taxes, revenue from private jets is expected to be
higher.
This
may not happen until there is a diligent forensic audit and plugging of
loopholes, Capt. Dung Rwang Pam said. Pam, who is the Chairman of Nigeria
Aviation Safety Initiative (NASI), said the loophole the jet owners exploit is
when they register the private jets in Nigeria on part G of a Nigerian AOC
holder. Part G is a provision under the Nigerian civil aviation
regulations.
He
said: “Past experiences have shown that some of them surreptitiously engage in
illegal commercial (charter) air transport without the knowledge of the
NCAA. “The possible solution is increased vigilance on the part of the
NCAA, and specifically the Directorate of General Aviation (DGA), to help curb
the blatant subversion of our extant laws and regulations.
“Secondly,
plugging the loopholes that have been uncovered in our extant regulations and
system of jurisprudence will make it difficult for such unethical behaviour to
begin in the first place or continue unabated,” Pam said.
The
Secretary of the Aviation Safety Round Table Initiative (ASRTI), Group Captain
John Ojikutu (rtd) described the difficulty in identifying the owners of the
jets as worrisome with regard to national security.
To
Ojikutu, the NCAA and Nigerian Airspace Management Agency (NAMA) should do a
thorough audit on all privately owned aircraft that were registered and those
that are still carrying foreign registrations.
“At
the time the Federal Inland Revenue Service (FIRS) was running after the jets,
most of them were brought in with NCAA short-stay clearance and usually
one-point stop. Somehow they overstay their clearance and begin to fly on a
hire- and-reward basis.
“These categories of foreign registered aircraft doing hire and reward, apart from avoiding paying the statutory custom duties, must also be violating some of the provisions of the NCAR economic regulations and that is really where our regulators should be looking,” Ojikutu said.
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