Corporate Income Tax Frequently Asked Questions

The CIT rate is 30% for large companies (i.e. companies with annual gross turnover greater than NGN 100 million), assessed on a preceding year basis (i.e. tax is charged on profits for the accounting year ending in the year preceding assessment). It is useful to note that resident companies are liable to CIT on their worldwide income while non-residents are subject to CIT on their Nigeria-source income. Also, investment income paid by a Nigerian resident to a non-resident is sourced in Nigeria and subject to withholding tax (WHT) at source, which serves as the final tax.

A Non-resident company that has a fixed base or a permanent establishment in Nigeria is taxable on the profits attributable to that fixed base or permanent establishment. Non-resident digital companies that have a significant economic presence will be subject to income tax in Nigeria on profit attributable to the taxable presence in Nigeria.

A foreign entity involved in digital transactions will be deemed to have created a significant economic presence in Nigeria and therefore liable to CIT if it:

  1. derives income of NGN 25 million or equivalent in other currencies from Nigeria in a year
  2. uses a Nigerian domain name (.ng) or registers a website address in Nigeria, or
  3. has purposeful and sustained interactions with persons in Nigeria by customizing its digital platform to target persons in Nigeria (e.g. by stating the prices of its products or services in naira).

For the purposes of (1) above, revenue derived from Nigeria includes that in respect of:

  • Streaming or downloading of digital contents.
  • Transmission of data collected about users in Nigeria.
  • Provision of goods or services directly or through a digital platform.
  • Intermediation services that link suppliers and customers in Nigeria.

It is useful to note that activities carried out by connected persons shall be aggregated to determine the NGN 25 million threshold (where applicable). Additionally, any company covered under any multilateral agreement to which Nigeria is a party will be treated in accordance with those agreements from the effective date in Nigeria.

Non-resident companies providing professional, consultancy, management, and technical (PCMT) services to Nigeria residents will be subject to tax at 10% final tax where such company has an SEP in Nigeria. It is useful to note that a foreign entity providing technical (including training, advertising, supply of personnel), professional, management, or consultancy services will have an SEP in Nigeria in any accounting year if it earns any income or receives any payment from a person resident in Nigeria or a fixed base or agent of a foreign entity in Nigeria. Accordingly, such companies are required to register for CIT and file its tax returns. Any WHT deducted at source from its Nigeria-source income is available as offset against the CIT liability save for non-resident companies carrying out PCMT services where the WHT paid at 10% is deemed to be final tax.

Small companies are companies with a gross turnover of NGN 25 million or less. The corporate income tax rate for such companies is zero

Medium companies are companies with a gross turnover greater than NGN 25 million and less than NGN 100 million. The corporate income tax rate for such companies is 20%.

Real estate investment companies are exempt from income tax on rental income, and dividend income earned in a financial year will be exempt from income tax provided at least 75% of such income is distributed within 12 months. However, such companies must be approved by the Securities Exchange Commission to operate as a real estate investment scheme in Nigeria.

Petroleum profit tax (PPT)

Petroleum Profit Taxes (PPT) is a tax on the income of companies engaged in upstream petroleum operations in lieu of CIT.

The PPT rates vary as follows:

  • 50% for petroleum operations under production sharing contracts (PSC) with the Nigerian National Petroleum Corporation (NNPC).
  • 65.75% for non-PSC operations, including joint ventures (JVs), in the first five years during which the company has not fully amortised all pre-production capitalised expenditure.
  • 85% for non-PSC operations after the first five years.
  • 30% for upstream gas profits.

Following the enactment of the Petroleum Industry Act 2021, holders of a Petroleum Prospecting Licence and Petroleum Mining Lease will be subject to both CIT at 30%, and Hydrocarbon Tax (HCT).

HCT rates are as follows:

  • 30% for converted/renewed onshore and shallow offshore Petroleum Mining Lease.
  • 15% for onshore and shallow onshore Prospecting Petroleum Licence and Marginal Fields.
  • Deep offshore is exempt from HCT.

This means that the highest headline tax rate for companies in the upstream oil and gas industry will be 60%.

Current Oil Mining Licence and Oil Prospecting Licence holders will continue to be taxed in line with the Petroleum Profits Tax Act (PPTA) unless a conversion contract is executed in line with the provisions of the Petroleum Industry Act 2021.

Tertiary education tax is imposed on every Nigerian company at the rate of 2.5% of the assessable profit for each year of assessment. The tax is payable within two months of an assessment notice from the FIRS. In practice, many companies pay the tax on a self-assessment basis along with their CIT.

For companies subject to PPT under the PPTA, tertiary education tax is to be treated as an allowable deduction. For other companies, income/profit taxes are not deductible in arriving at taxable income. Tertiary education tax is not tax deductible for companies subject to income tax under the Petroleum Industry Act 2021.

Non-resident companies and unincorporated entities are exempt from tertiary education tax.

Minimum tax is payable by companies having no taxable profits for the year or where the tax on profits is below the minimum tax. However, companies in the first four calendar years of business, companies engaged in the agriculture business, or small companies are exempt from minimum tax.

What is the applicable rate for Minimum Tax in Nigeria?

  • The minimum tax payable is generally calculated as 0.5% of annual gross turnover less franked investment income.
  • For non-life insurance companies, minimum tax is calculated as 0.5% of gross premium.
  • For life insurance companies, minimum tax is calculated as 0.5% of gross income.

There is a tax on distribution where a company pays a dividend in excess of its taxable profit. Certain profits should be deducted from the dividend that is compared to the taxable profit, including dividend income that has suffered WHT, profits exempt under the Companies Income Tax, Capital Gains Tax, Petroleum Profit Tax, Industrial Development (Income Tax Relief) Act, and retained earnings that had suffered tax previously.

ALTERNATIVE TAX ON DEEMED PROFIT
The law allows the Federal Inland Revenue Service (FIRS) to assess and charge companies to tax on a fair and reasonable percentage of turnover under the following circumstances:

  • When the trade or business produces no assessable profits.
  • When the trade or business produces assessable profits that, in the opinion of the Board of the FIRS, are less than might be expected to arise from that trade or business.
  • When the true amount of the assessable profits of the company cannot be ascertained.

The above provision of the law also applies to foreign digital companies deriving profits from Nigeria.

CIT is payable only to the federal government. State governments collect income taxes of individuals and unincorporated entities, while local governments are only allowed to collect levies and rates but not income tax.

Chargeable assets for the computation of CGT include:

  • Options, debts and incorporeal property generally
  • Any currency other than Nigeria currency
  • Any form of property created by the person disposing of it, or otherwise coming to be owned without being acquired
  • Shares
  • Goodwill
  • Copyrights
  • Buildings
  • Compensation for loss of office (see note 2)
  • Chattels etc.

CGT will not apply on gains from the disposal of a Nigerian company’s shares where the disposal proceeds are less than N100m in any 12 consecutive months, or to the extent that the proceeds are reinvested in acquiring shares in a Nigerian company within the same year of assessment. Shares disposed in a regulated Securities Lending Transaction are also exempted.

Capital gains taxes apply on payments exceeding ₦10m made to employees as compensation for loss of employment. An employer is obligated to deduct and remit the relevant CGT applicable. Other exemptions include gains from disposal of:

  • Life assurance policies.
  • Main residence or dwelling house of an individual.
  • Compensation for wrong or injuries suffered by an individual.
  • Gains arising from takeovers, business combination or re-organisation (between related parties, where parties have been related for 365 days)
  • Decorations awarded for valour or gallant conduct.
  • Shares and compensation for loss of office
  • Nigerian government securities

The allowable deductions are:

  • Initial cost of the asset
  • Stamp duties
  • Cost of enhancing the value of the asset
  • Expenditure incurred in establishing, preserving or defending the title to, or right over the asset
  • Incidental expenses for the purpose of acquiring or disposing of the assets; and
  • Cost of advertisement to find a seller during acquisition and advertisement cost to find a buyer during disposal.

Rollover reliefs can be claimed where proceeds of disposal are used to purchase a new asset of the same class within 12 months before or after the disposal of the old asset. 

The classes of assets eligible for relief are:

 

Class 1: 1A – Building  and Land

              1B – Plant or machinery which does not form part of the building

Class 2 – Ships

Class 3 – Aircraft

Class 4 – Goodwill

Class 5 – Stocks and Shares

The statutory time limit is 6 years after the end of the year of assessment in which that gain accrues.

IT Tax is payable by specified companies with turnover of ₦100 million and above. The tax when paid is tax deductible for company income tax purposes. The tax is governed by the National Information Technology Development Act (NITDA) 2007.

The applicable IT rate is 1% of profit before tax.

The taxable companies are:

  • GSM service providers and all telecommunications companies
  • Cyber companies and internet providers
  • Pension managers and pension related companies
  • Banks and other financial institutions including Credit Bureaus, International Money Transfer Services, Mortgage Refinance, Mortgage Guarantee, Credit Guarantee, Credit Guarantee, Financial Holding Companies or Payment Service Providers, and Businesses whose Principal objects include Factoring (regardless of whether such businesses are conducted digitally, virtually or electronically only)
  • Insurance companies

IT Tax is assessed by the FIRS and is payable within 60 days of service of a notice of assessment. In practice companies self-assess the tax along with CIT returns.

Nonpayment within specified time attracts the payment of the unpaid tax plus 2% of the tax payable.

For a first offence when penalties are not stated, the penalty is the payment of the sum of ₦200,000 or one year imprisonment or both.

In the case of a second and subsequent offence, the penalty is the sum of ₦500,000 or three year imprisonment or both.

Personal Income Tax (PIT) is a tax levied on individuals including employees, partners in a partnership, unincorporated trust, joint ventures, families and communities. It is imposed based on source and residency rules.

PIT rate is applied on a graduated scale and taxable income bands as set out below:



Tax Band (₦)

Rate (%)

First 300,000

7

Next 300,000

11

Next 500,000

15

Next 500,000

19

Next 1,600,000

21

Above 3,200,000

24



Those earning minimum wage or less from employment are exempt from PIT.

 

Note: As a result of the consolidated relief allowance of at most 21% of gross income, the top marginal tax rate is 18.96% for income above ₦20 million as only 79% of income is taxed at 24%, while for income below ₦20 million the top marginal rate is 19.2%.

Benefits in Kind (BIK) provided to an employee by the employer such as official cars, accommodation, etc., are deemed part of the employee’s gross emoluments. For items other than accommodation, the deemed annual benefit is 5% of the cost where the asset is owned by the employer or the actual rent paid where the asset is leased by the employer.

BIK on accommodation is taxable based on the annual value of the premises as determined for
purposes of local rates or as determined by the relevant tax authority.

PIT is applicable on the business income earned by individuals, partnerships, trusts and other unincorporated entities which generally have an identifiable place of operation in Nigeria.

The Finance Act (FA) 2020 amends PITA to provide that income earned by non-resident individuals, executors and trustees from technical, professional, management, or consultancy (TPMC) services remotely provided to a person resident in Nigeria shall be subject to a final 10% WHT in Nigeria, if the non-resident individual has a significant economic presence (SEP) in Nigeria. The Act does not specify what constitutes a SEP but empowers the Minister of Finance to do so through an Order.

Other conditions that create PIT obligation include:

  • the individual, executor or trustee habitually operates a trade or business through a person in Nigeria authorised to conclude contracts on his behalf;
  • the trade or business in Nigeria involves a single contract for surveys, deliveries, installations or construction; or
  • the trade or business is carried out in a manner which in the opinion of the relevant tax authority is deemed to be artificial.

The PIT determined is payable to the relevant state tax authority where the individuals,
partners, trustees are residents.

In the case of employment income, a person is liable to tax under two criteria:

1. If the duties of employment are wholly or partly performed in Nigeria, unless:

  • the duties are performed on behalf of an employer who is in a country other than Nigeria, and
  • the remuneration of the employee is not borne by a fixed base of the employer in Nigeria; and
  • the employee is not in Nigeria for a period or periods amounting to an aggregate of 183 days or more, inclusive of annual leave or temporary period of absence in any period; and
  • the remuneration of the individual is liable to tax in that other country under the provisions of the avoidance of double taxation treaty with that other country.

2. If the employer is in Nigeria unless the employment duties are wholly performed, and theremuneration paid outside Nigeria.

1. Consolidated relief allowance: Higher of N200,000 and 1% of gross income, plus 20% of gross income. Note that gross income means income from all sources less non-taxable income, on which no further tax is payable, tax-exempt items listed in paragraph (2) of the Sixth Schedule to the Personal Income Tax Act, and all allowable business expenses and capital allowance.

2. Deductions allowed are NHF contribution, National Health Insurance Scheme, Life Assurance Premium, Pension Scheme and Gratuities. Only pension contributions to schemes recognised under the Pension Reform Act are allowable as a deduction for tax purposes. Contributions to foreign pension funds are not deductible for tax purposes.

3. Reimbursements: These are expenses incurred in the performance of employment duties from which it is not intended that the employee should make any gain or profit.

4. Interest and dividend: Interest earned from treasury bills, government and corporate bonds are exempt while withholding tax at 10% is the final tax on other interests and dividends.

5. Interest on mortgage: Interest paid on mortgage loan for owner’s occupied property in any year is granted as a relief in the following year.

6. Life assurance premium: Life assurance premium paid in the prior year is granted as a relief in the current year. Only policy on the life of the individual and spouse is eligible. Deferred annuity premiums are not allowable deductions.

7. Disability allowance: A deduction of ₦3000 or 20% of earned income, whichever is higher, in the case of a disabled person who uses special equipment or the services of an attendant in the course of a paid employment.

1. Consolidated relief allowance: Higher of N200,000 and 1% of gross income, plus 20% of gross income. Note that gross income means income from all sources less non-taxable income, on which no further tax is payable, tax-exempt items listed in paragraph (2) of the Sixth Schedule to the Personal Income Tax Act, and all allowable business expenses and capital allowance.

2. Deductions allowed are NHF contribution, National Health Insurance Scheme, Life Assurance Premium, Pension Scheme and Gratuities. Only pension contributions to schemes recognised under the Pension Reform Act are allowable as a deduction for tax purposes. Contributions to foreign pension funds are not deductible for tax purposes.

3. Reimbursements: These are expenses incurred in the performance of employment duties from which it is not intended that the employee should make any gain or profit.

4. Interest and dividend: Interest earned from treasury bills, government and corporate bonds are exempt while withholding tax at 10% is the final tax on other interests and dividends.

5. Interest on mortgage: Interest paid on mortgage loan for owner’s occupied property in any year is granted as a relief in the following year.

6. Life assurance premium: Life assurance premium paid in the prior year is granted as a relief in the current year. Only policy on the life of the individual and spouse is eligible. Deferred annuity premiums are not allowable deductions.

7. Disability allowance: A deduction of ₦3000 or 20% of earned income, whichever is higher, in the case of a disabled person who uses special equipment or the services of an attendant in the course of a paid employment.

Individuals are to file returns not later than 31 March annually in respect of the preceding year.

Employers are required to file the following documents:

  • Employers’ Declaration Form (Form H1): showing the income of the employees, taxes
    deducted and remitted in the preceding year. This is due by 31 January.
  • Employers’ Remittance Card (Form G): showing the monthly remittances and reference
    number on the receipt. Copies of the receipt are to accompany the form G.
  • Declaration of estimated income and application for tax reliefs (Form A).

PAYE must be remitted on or before the 10th day of the month following the payment of salary (e.g., PAYE tax deducted from January salary should be remitted by 10th of February).

For individuals under direct assessment, payment must be made along with returns within 90
days of the fiscal year i.e., not later than 31 March.

10% per annum of the amount plus interest on an annual basis at bank lending rate (in practice a one-off interest rate of 15% to 21% is applied). Late filing attracts a fine of ₦500,000 in the case of corporate bodies, and ₦50,000 in the case of individuals.

The statutory time limit is 6 years except in the event of a fraud, willful default or neglect by the taxable person in which case there is no limitation.

The PIA was enacted on 16 August 2021. It provides the fiscal framework for regulating the Nigerian Petroleum Industry. All existing fiscal laws will continue to exist till when all Oil Prospecting Licences and Oil Mining Licences convert to the fiscal framework in the PIA.

Existing Oil Prospecting Licence (OPL) or Oil Mining Licence (OML) holders can opt into the fiscal terms of the PIA by executing a Conversion Contract within 18 months from the effective date of the PIA.

The Conversion Contract will include the following clauses:

  • Termination of all court and arbitration cases;
  • Termination of all stability provisions provided by the Nigerian National Petroleum Corporation NNPC);
  • A requirement to relinquish up to 60% of the total acreage; and
  • Forfeiture of available investment tax allowances and investment tax credits.

The applicable royalty rates for production of crude oil:

  • Onshore areas – 15%
  • Shallow waters – 12.5%
  • Deep offshore (greater than 200m water depth) – 7.5%
  • frontier basins – 7.5%

Additional royalties based on price for crude oil and condensates to be remitted to the Nigerian
Sovereign Investment Authority as stated below:

  • Below USD50 per barrel – 0%
  • At USD100 per barrel – 5%
  • Above USD150 per barrel – 10%
  • Between USD50 and USD100 per barrel or USD100 and USD150 per barrel, the royalty by price is to be determined based on linear interpolation.

5% royalty will apply to the production of natural gas and natural gas liquids. This is reduced to 2.5% where the natural gas is produced and utilised in Nigeria.

 

The rates for production allowance are:

  • New acreages – the lower of 20% of the fiscal oil price and USD 8 per barrel volume (this reduces to $4 per barrel) where cumulative maximum production arrives at 50 million barrels for Onshore areas, 100 million barrels for Shallow areas and 500 million barrels for Deep offshore areas and Frontier Basins.
  • Converted acreages – the lower of 20% of the fiscal oil price and USD 2.50 per barrel for Production.

Note that additional regulation will be published in relation to the calculation of this allowance. Also, note that this allowance will be computed based on production.

The tenure for licences to be issued for upstream operations are:

  • Petroleum Exploration Licence – 3 years
  • Petroleum Prospecting Licence – 6 years (onshore and shallow waters) and 10 years (deep offshore and frontier)
  • Petroleum Mining Lease – 20 years

Depending on the relevance of the tax to the specific stream, the provisions of the PIA are
applicable to companies engaged in upstream, midstream and downstream operations

The incentives are: 

  • Price royalties do not apply to gas and production from Frontier acreages.
  • HCT will not apply to deep offshore areas and profits derived from certain gas operations 
  • Gas Utilisation incentives as included in CITA, apply to Midstream and Downstream Gas operations. This includes Large scale gas utilisation industries such as Petrochemicals, Fertiliser, Liquefied Natural Gas etc. The incentives include tax free period of up to 5 years, or 35% additional tax depreciation (investment allowance) in respect of gas infrastructure, investment allowance of 15% after the tax-free period, tax free dividend during the tax -free period under certain conditions, accelerated capital allowance after the tax-free period. 
  • An additional 5-years tax holiday will be granted to investors in gas pipelines in addition to the Gas Utilisation incentives highlighted above.

For upstream petroleum operations, tax is payable on an actual year basis in 12 equal monthly
instalments with a final 13th instalment (if there is an underpayment). The first instalment for the year is due by the end of March of the fiscal year.

  • Companies engaged in upstream petroleum operations shall submit returns, in a form prescribed by the FIRS, of its estimated tax for such accounting period.
  • Estimated tax returns (ETR) must be filed within two months of the fiscal year (which runs from 1 January to 31 December). If there is a change in parameters for determining the estimated tax (e.g., volume, price, etc) that would lead to an upward adjustment in the ETR, the company is supposed to file a revised ETR within 1 month.
  • Actual tax returns must be filed within five months after the end of the accounting period, that is, not later than 31 May.
  • Companies engaged in upstream petroleum operations will also be taxed under CIT and are required to settle their CIT liability on an actual year basis

Late submission of returns for HT and CIT attracts an initial penalty of N10,000,000 and ₦2,000,000 for each day such failure continues

Late payment of tax or failure to recompute and file a revised ETR where there are changes in the prices, costs or volumes attracts a penalty of interest at LIBOR + 10% on additional tax that would have been payable if revised return had been submitted.

  • Midstream and Downstream Gas Infrastructure Fund (0.5% of the wholesale price of petroleum products and natural gas sold in Nigeria and collected from wholesale customers)
  • 0.5% of the wholesale price of petroleum products sold in Nigeria and collected from wholesale customers are used to fund the Nigeria Midstream and Downstream Petroleum Regulatory Authority
  • Host Community Trust Fund (3% of annual operating expenditure in prior year)
  • Environmental Remediation Fund (based on the size of operations and the level of environmental risk) although this will be determined by the regulatory authorities.

Withholding Tax (WHT) is an advance payment of income tax deductible at source on specified transactions. It can be applied as a tax credit against income tax liability in most instances. The relevant provisions are in the CITA, PITA, PPTA, and WHT Regulations. 

 

What are the WHT rates under CITA, PITA and WHT Regulations?



Transactions

Companies 

Individual

Dividends, Interest and Rent

10%

10%

Royalties

10%

5%

Hire of Equipment, Motor Vehicles, Plants and Machinery 

10%

10%

Commission, Consultancy, Technical and management fees, legal fees, audit fees and other professional 

10%

5%

Construction of road bridges, building and power plant/Other types of construction. 

2.5% / 5%

5%

All other types of contracts and agency arrangements, other than sales

5%

10%




The rate of WHT on dividend, interest and royalty is reduced to 7.5% when paid to a corporate

recipient resident in a treaty country. In the case of individuals, 7.5% is applied on dividend and interest and 5% on royalty. The FIRS has introduced administrative requirements for relevant parties to take advantage of treaty benefits.

 

WHT will not apply to distributions to a Real Estate Investment Company (REIC), and on compensating payments under a Registered Securities Lending Transaction.

 

Withholding tax returns should include a schedule showing vendor Tax Identification Number, name and address, type of contract, rate applied, amounts, and evidence of payment.

  • In the case of WHT deducted from companies, remittance is due to the FIRS within 21 days after the duty to deduct WHT arose.
  • In the case of WHT deducted from individuals and unincorporated entities, remittance is due to the relevant State tax authority within 30 days after the duty to deduct WHT arose.
  • For FIRS WHT, the schedule of WHT deducted must be submitted in electronic form and must contain specific information such as the Tax Identification Number (TIN) of the various suppliers from whom the tax has been deducted.
  • Failure to remit WHT due to the FIRS attracts a penalty of 10% per annum and interest at CBN’s lending rate.
  • Failure to remit WHT due to SIRS attracts a 10% of tax due, in addition to the principal tax and interest at the CBN monetary policy rate (14%).

The tax authority may issue additional assessment within six years from the relevant tax year.

However, the limitation does not apply in the event of a fraud, willful default or neglect by the Company.

Persons required to deduct WHT are all companies, organisations or establishments that operate the Pay-As-You-Earn Scheme.

The National Agency for Science and Engineering Infrastructure (NASENI) was established in 1992 by the Federal Government of Nigeria. The Agency’s mandate is to create an enabling, knowledge-driven environment for local mass-production of standard parts, goods and services required for the nation’s science and technology advancement. The enabling legislation for the Agency is the NASENI Act. The Act was amended by the Finance Act (FA) 2021.

The Nigerian Police Trust Fund Act (NPTF Act), passed by the National Assembly and signed into law on 24 June 2019, establishes the Nigeria Police Trust Fund. The proceeds from the Fund will be used to train police personnel and procure security machinery and equipment. The Act was amended by the Finance Act (FA) 2021.

The Nigerian Police Trust Fund Act (NPTF Act), passed by the National Assembly and signed into law on 24 June 2019, establishes the Nigeria Police Trust Fund. The proceeds from the Fund will be used to train police personnel and procure security machinery and equipment. The Act was amended by the Finance Act (FA) 2021.

The NPTF levy is charged at 0.005% on the net profit of companies operating in Nigeria.
The FIRS is empowered to administer the levy, and all relevant provisions in the Companies Income Tax Act (CITA) and the Federal Inland Revenue Service Establishment Act (FIRSEA) will apply with respect to administration, assessment, collection and enforcement of the levy.

Customs duties are taxes payable on goods imported into or exported from Nigeria. Excise duties on the other hand, are payable on the manufacture, sale or use of specified locally manufactured goods. The tax may also be levied on services, consumption and imported goods.

The various duties are governed by the Custom and Excise Management Act (CEMA) and several other Acts and Regulations relating to customs and excise matters.

Import duties apply on various goods based on the Harmonised System (HS) Codes at rates ranging between 5% to 35%.

Excise Duties are charged on applicable products either on ad-valorem basis, fixed charge per unit, or both. Excise Duties are also applicable on the importation of the relevant products.

Products 

2017

2018

2019

2020

Tobacco

0.2

20% + 1

20% + 2

20% + 2.9

Beer & Stout

0.2

0.3

0.35

0.35

Wines

0.2

1.25

1.5

1.5

Spirit

0.2

1.5

1.75

2

 

Tobacco – the fixed duties are charged per stick

Other items – the duties are charged per cl.

Note that Excise duties have been introduced on non-alcoholic, carbonated and sweetened beverages, at ₦10 per litre. Also note that, importation of aircrafts, engines, spare parts and components whether purchased or leased by commercial airlines registered in Nigeria are exempt from Import duty based on amendments introduced by the Finance Act 2020.

The ECOWAS on 25th October 2013 adopted the ECOWAS Common External Tariff (CET). The ECOWAS CET was designed to set the same customs duties, import quotas, preferences or other non-tariff barriers to trade applicable to all goods entering the territory of any of the countries within the region.

Category Types of GoodsDuty Rate 
0Basic Social Goods0%
1Basic Goods, Raw Goods, Capital Goods5%
2Inputs and Semi-Finished Goods10%
3Finished Goods20%
4Specific Goods for Economic Development 35%

 

There are no filing requirements; however, manufacturers are required to keep the following records of manufacture and return (a) Material Register (b) Operation Register (c) Finished Product Register.

Import duties are payable upon importation prior to or at the port of entry. Excise duty on the other hand, is due and payable immediately on manufacture of excisable goods. The Board may however at its discretion deem the duty to become due and payable at a stage not later than the delivery of the goods from the products store.

The Export Expansion Grant (EEG) is a post-shipment incentive designed to improve the competitiveness of Nigerian products and commodities and expand the country’s volume and value of non-oil exports. The incentives were introduced by the Federal Government through the Export (Incentives and Miscellaneous Provisions) Act, No. 18 of 1986 as amended by the Export (Incentives and Miscellaneous Provisions) Act, No. 65 of 1992, Cap. E19, Laws of the Federation of Nigeria (LFN).

  • Exporters are divided into 4 categories with an applicable EEG rate between 5% and 15%.
  • Proceeds of qualifying export transactions must be fully repatriated within 300 days calculated from export date and as approved by the EEG implementation committee
  • Exporters are required to present an Export Expansion Plan as a prerequisite for participating in the EEG
  • The negotiable duty credit certificate (NDCC) has been replaced with the export credit certificate (ECC).
  • The ECC can be used to settle all Federal Government taxes such as value added tax (VAT), companies income tax (CIT), withholding tax (WHT) etc.
  • The ECC is valid for only two years and may be negotiated and transferred once to final beneficiaries

In order to fund the administration of the scheme, EEG beneficiaries are to pay 2% of the value of the ECC upon collection of the certificate and 4% cost of collection when utilised.

With respect to Excise Duties, offences include but are not limited to:

 

  • Unlawful manufacture of product liable to excise duty
  • Excess or deficiency in the product stock
  • Concealing product liable to excise duty
  • Manufacturing of product without an excise licence
  • Improper record keeping.

 

Penalties vary depending on the type of product liable to excise duty. Common penalties include fines, forfeiture of product, forfeiture of equipment and materials used in the manufacture of product, imprisonment etc.

Stamp duties are a tax on physical and electronic instruments/documents evidencing transactions between persons. Stamp Duties are imposed by the Stamp Duties Act (SDA).

Stamp duty is chargeable either at fixed rates or ad valorem (i.e., in proportion to the value of the consideration) depending on the class of instrument. An “Electronic Money Transfer” levy on the other hand, is applicable on electronic receipts or electronic transfer for money deposited in a financial institution, on any type of account. The applicable levy is ₦50 on any transfer of ₦10,000 or more. The levy is to be accounted for by the person to whom the transfer or deposit is made.

All instruments (written and electronic documents) relating to an act to be performed in Nigeria must be stamped, except such instrument is specifically exempted

The exemptions/incentives are:

  • Instruments in connection with a scheme for the reconstruction or amalgamation of companies may enjoy relief from stamp duties subject to specified condition 
  • Transfer from self to self, whether inter or intra bank i.e., transfers between accounts held by the same person
  • Receipts given by any person in a Regulated Securities Lending Transaction carried out under regulation issued by the Securities and Exchange Commission.
  • Shares, stocks or securities transferred by a Lender to its approved agent or a Borrower in furtherance of a Regulated Securities Lending Transaction
  • Shares, stocks or securities returned to a lender or its approved agent by a borrower in pursuant to a Regulated Securities Lending Transactions
  • All documents relating to a Regulated Securities Lending Transaction carried out pursuant to regulations issued by the Securities and Exchange Commission

The SDA does not expressly state the party that is obliged to ensure that a dutiable instrument is stamped in all cases. In practice, the party paying the consideration usually pays the duty, and where this party does not pay, the duty is borne by whomever seeks to rely on the instrument/agreement in judicial proceedings.

  • Instruments first executed in Nigeria which, by law should be stamped by adhesive stamps, are to be stamped on or before first execution.
  • Unstamped or insufficiently stamped instruments may be stamped with impressed stamps, except reduced or extended, within 40 days from date of execution.
  • Where such instruments are subject to ad valorem duty, they are required to be stamped within 30 days from first execution or first receipt in Nigeria (if executed outside Nigeria).
  • Late stamping attracts a penalty of ₦20
  • Where the unpaid duty exceeds ₦20, a further penalty in the form of interest on the stamp duty payable at the rate of 10% per annum subject to a maximum of the unpaid duty.
  • The FIRS may choose to apply penalties under the FIRS Establishment Act which can be as high as 10% penalty plus interest at CBN MPR and imprisonment of up to 3 years. 
  • In civil proceedings, unstamped documents are not admissible as evidence.

The ECS is administered by the Nigerian Social Insurance Trust Fund (NSITF) in line with the provisions of the Employee Compensation Act 2010. The Act requires all employers in the public and private sectors to make a minimum monthly contribution of one percent of the total monthly payroll into the Fund.

A minimum monthly contribution of 1% of total monthly payroll into the Fund.

All employers and employees in the public and private sectors in Nigeria.

All instruments (written and electronic documents) relating to an act to be performed in Nigeria must be stamped, except such instrument is specifically exempted

Employers are prohibited from deducting ECS contributions from employees’ remuneration. Also, employees must not be allowed to contribute towards indemnifying the employer against a liability which may be incurred under the Employee Compensation Act (ECA).

  • Penalty for deducting from employee remuneration
  1. On conviction, imprisonment for a term not exceeding one year or to a fine of not less than ₦100,000, or to both; as well as repay the deduction.
  2. For a body corporate, a fine of not less than ₦1,000,000 upon conviction, and repayment of the deduction.
  • Penalty for unpaid Assessment: 10% of the unpaid sum.
  •  Penalty for false or misleading information:
  1. first conviction – imprisonment for a term not exceeding six months or a fine not exceeding ₦200,000, or to both; or

  2. each subsequent conviction – imprisonment for a term not exceeding one year or to a fine not exceeding ₦500,000 or to both.

 

  • Penalty for unspecified offences:

A fine of ₦20,000 for the first case of non-compliance or imprisonment for a term not exceeding one year or ₦100,000 for every subsequent case of non-compliance, or to both

The ITF was established by Decree 47 of 1971 and amended in 2011. The main objective of the Fund is to generate a pool of indigenous trained manpower to meet the needs of the Nigeria economy.

The applicable rate is 1% of annual payroll cost.

The obligated persons are: 

  • All employers operating outside a free trade zone with 25 or more employees
  • Any supplier, contractor or consultant with more than 25 employees bidding for contracts from a federal government ministry, department or agency

An employer is entitled to a refund of 50% of contributions made if adequate training courses are provided as prescribed by the ITF.

ITF Form 5 with evidence of payment annually not later than 1 April of the following year.

5% of the unpaid amount to be added for each month or part of a month after the date on which payment should have been made.

The contribution is recoverable at any time within 6 years from the due date.

The NHF is established to provide loans to Nigerians for developing, purchasing or renovating houses and encourage housing finance among low and medium-income earners. The Fund provides long term loans to Mortgage Institutions for lending to contributors of the Fund.

The applicable rate is 2.5% of monthly income.

A schedule of payment indicating the amount deducted from each employee and the period covered to be submitted to the Federal Mortgage Bank of Nigeria.

  • Nigerians who are employed in the private sector, or employed on a salary below minimum wage; or self-employed and earning below minimum wage, may choose not to contribute to the fund.
  • Expatriates, regardless of income level, are also exempt from contributing to the fund.
  • Failure to deduct or remit attracts the payment of the sum of ₦50,000 for Employers, ₦5,000- or one-year for a self employed person or imprisonment on conviction or both.
  • Preventing or obstructing deduction or remittance: ₦5,000- or one-year imprisonment or to both (on conviction).
  • Failure by authorised employee to make deduction on behalf of the employer: ₦20,000 or imprisonment for 5 years or both (on conviction)
  • The applicable rate is not less than 18% of monthly emoluments (with a minimum contribution of 10% by the employer and up to 8% by the employee). The employer and/or the employee may make additional voluntary contributions.
  • Where an employer decides to solely contribute to the scheme, the contribution shall not be less than 20% of the employee’s monthly emolument.

The obligated persons are employers in the public sector, and private employers with 15 or more employees.

Those exempted are: 

  • Persons mentioned in Section 291 of the constitution of the Federal Republic of Nigeria, 1999 (as amended), members of the Armed Forces, the Intelligence, and Secret Services of the Federation.
  • Expatriate employees may join the scheme at their discretion and with the agreement of their employers.

A monthly schedule showing details of employees’ Retired Saving Account (RSA) PIN and their monthly contributions.

Not later than 7 working days after the payment of employees’ salary.

  • A Pension Fund Administrator (PFA) or Pension Fund Custodian (PFC) that reimburses or pays a staff, officer or director for a fine imposed on such a person, is liable to a minimum penalty of ₦5 million and will forfeit the amount paid or reimbursed.
  • Misappropriation of pension: prison term of up to 10 years or a fine of 3 times the funds misappropriated, or both. Also, the convicted person is required to refund the diverted funds and forfeit any property or fund diverted, with accrued interest.
  • For PFCs, the Act imposes a penalty of at least ₦10 million, upon conviction, where the PFC fails to hold the funds to the exclusive preserve of the PFA or where it applies the funds to meet its own financial obligations (in the case of a Director, N5 million or a term of 5 years imprisonment or both).
  • Any person, PFC or PFA that refuses to produce required information or produces false or misleading information is liable on conviction to a fine of not less than ₦200,000 or prison term of not less than 3 years, or both. A fine of ₦100,000 may be imposed for every day the offence continues.
  • For employers, failure to deduct or remit contributions to the PFC shall, in addition to the remittance already due, be liable to a penalty of not less than 2% of the total contribution
  • Where no specific penalty is prescribed, a person who contravenes any provision of the Pensions Reform Act will be liable on conviction to a fine of not less than ₦250,000, or a term of not less than one year imprisonment, or both.

The Coastal and Inland Shipping (Cabotage) Act restricts the use of foreign vessels in domestic coastal trade with the purpose of promoting indigenous tonnage. The Act establishes a cabotage vessel financing fund.

The rate is 2% of the surcharge of the contract sums earned by vessels engaged in coastal trade in Nigeria.

  • Unauthorised vessels engaged in different activities in Nigerian waters attracts a penalty of not  less than ₦10 million and/o forfeiture of vessel. 
  • Operating without licence attracts not less  than ₦15 million and/or forfeiture of vessel.
  • Failure to register with the Special Register for Vessels and Ship Owning Companies attracts not less than N5 million 
  • Willful noncompliance with requirements in the Act attracts the sum of 100,000 for individuals and the sum of 5 million for corporate body
  • False or misleading information attracts the sum of 500,000 for individual and the sum of ₦15million for corporate bodies, and/or forfeiture of the vessel involved with the offence.

The Local Content Levy is governed by the Nigerian Oil and Gas Industry Content Development Act (NOGICDA) 2010.

The applicable rate is 1% of contract sum and the levy is to be deducted at source.

The taxable persons are operators, contractors, subcontractors, alliance partners or any entity awarding a contract to another entity for the execution of a project, operation, transaction or activity in the Nigerian oil and gas upstream sector

The minister of petroleum is required to consult relevant arms of government on appropriate fiscal framework and tax incentives, for foreign and indigenous companies that establish facilities, factories, production units or other operations in Nigeria for the purpose of carrying out production, manufacturing or for providing services otherwise imported into Nigeria.

Returns and approval of the Nigerian Content Development and Monitoring Board (NCDMB) is required for contracts above USD 1 million. Specified returns are also required by operators regarding financial services, legal, contracts and procurement, insurance, technology transfer, employment and training, annual performance report.

Payments  are made on a periodic basis – monthly, quarterly.

Fine of 5% of contract sum or cancellation of project

The available exemptions and incentives are: 

  • Exemption from all federal, state and local government taxes, levies and rates.
  • Repatriation of capital investment including any capital appreciation.
  • Remittance of profits and dividends earned by foreign investors.
  • Exemption from import or export licence requirements.
  • Sale of up to 25% of production in the Customs Territory against a valid permit, and on payment of appropriate duties.
  • Export to the Customs Territory shall be subject to the same customs and licensing requirements as apply to goods imported from other countries.
  • Rent free land at construction stage and thereafter, rent as determined by the Zone Authority.
  • Up to 100% foreign ownership of business.
  • Employment of foreign managers and qualified personnel.
  • Imports of any capital goods, consumer goods, raw materials, components or articles intended to be used in an approved activity, including for the construction, alteration, reconstruction, extension or repair of premises in the Zone or for equipping such premises are free of customs duties
  • Approved enterprises are required to file income tax returns to the FIRS annually in line with CITA.
  • Tax authorities often require approved enterprises to deduct and remit taxes such as PAYE and related contributions. Also, when dealing with a non-exempt counterparty, obligation to charge VAT at 7.5% and/or deduct withholding tax at the relevant rates may be applicable. This is on the basis that only the approved enterprises enjoy tax exemptions and not their employees or suppliers.
  • Approved enterprises are required to submit to the Zone Authority at such intervals as may be prescribed, statistical data and such information and returns as regards the sales and purchases and other operations of the enterprise.

These are income tax exemptions to companies operating in approved industries on their approved products. Pioneer Status Exemptions are governed by the Industrial Development (Income Tax Relief) Act (IDITRA).

The incentives granted under IDITRA are:

  • Exemption from companies income tax during pioneer period. The tax-free period is for three years initially and can be extended for another two years subject to satisfactory performance of the business.
  • For small and medium size companies engaged in primary agricultural production, the tax free period is for an initial period of four years which may be extended for an additional maximum period of two years.
  • Exemption of dividend distributed from pioneer profits from withholding tax;
  • Capital allowances and tax losses are suspended during the pioneer period and can be utilised after the expiration of the tax holiday.
  • Companies enjoying the pioneer status incentive cannot be granted similar tax holiday incentives under any other Act in force in Nigeria. The incentive is also restricted to the operations of the company and not the whole company.

The considerations are that: 

  • Company must be engaged in an activity listed as a pioneer industry or product;
  • Application for an extension must be within the first year of production/service;
  • Non-current tangible asset of the company must be over N100 million;
  • Make full payment of fees when due;
  • All required legal and regulatory compliance documentation must be provided;
  • During the pioneer period, a performance report must be submitted to the NIPC annually for monitoring and evaluation purposes.

Application for pioneer status is addressed to the Minister of Industry through the Nigeria Investment Promotion Commission (NIPC) in such form as may be specified by the minister from time to time subject to the approval of the President of the Federal Republic of Nigeria.

There is an application fee of N200,000 for new applicants, due diligence fee of N500,000, Service charge deposit of N2,500,000 and an annual service charge of 1% of actual tax savings payable to the NIPC no later than 30 June (for all applications received from 7 August 2017).

Pioneer companies are mandated to file self-assessment returns to include audited financial statements, tax exempt profits, schedule of fixed assets and self-assessment forms.

The Scheme was enforced by the Executive Order No. 007 on Road Infrastructure Development and Refurbishment Investment Tax Credit Scheme (the Scheme and seeks to encourage private funding of the construction and refurbishment of major road projects in the country. The Scheme is open to any company registered in Nigeria, a pool of companies or institutional Investors. The Scheme is valid until January 2029, being10 years from the commencement date of the Order (January 2019).

The incentives granted under the Scheme are:

  • Recoverability of the cost incurred by participants in the construction or refurbishment of eligible roads as credit against Companies Income Tax (“CIT”) payable.
  • Participants are also entitled to a single uplift, equivalent to the CBN Monetary Policy Rate plus 2% of the project cost. This uplift will not be taxable in the hand of the participant;
  • The tax credit can be carried forward to subsequent years until it is fully utilised. A Participant may sell or transfer its tax credit to other companies, as a form of security or otherwise.

The following are the considerations to benefit from the Scheme:

  • Company must ensure that its certification by the Committee as a Participant or representative of Participant of the scheme is confirmed;
  • Company must be designated as a Beneficiary under the Scheme;
  • Evidence of certification of the Project Cost by the Committee must be provided;
  • Evidence of certification of the Project Cost by the Committee must be provided.
  • The Committee will issue tax credit certificates to participants annually, in proportion to the project costs incurred by them in that year. The project costs will be evidenced by a certification of work done issued by the relevant regulatory authority.

The standard rate of 7.5% of the value of goods and services

A taxable supply takes place where:

  • goods are physically present in Nigeria
  • the beneficial owner is a taxable person in Nigeria, and the right over the goods is exercisable in Nigeria
  • services are rendered in Nigeria by a person physically present in Nigeria
  • services are provided to and consumed by a person in Nigeria
  • the services are connected with an immovable property located in Nigeria
  • the exploitation of the right is made by a person in Nigeria
  • the right is registered in or acquired by a person in Nigeria or
  • the right is connected to an immovable asset in Nigeria.

A taxable person means an individual or body of individuals, family, corporations sole, trustee or
executor or a person who carries out in a place an economic activity, a person exploiting tangible or intangible property for the purpose of obtaining income therefrom by way of trade or business or a person or agency of government acting in that capacity.A taxable person means an individual or body of individuals, family, corporations sole, trustee or
executor or a person who carries out in a place an economic activity, a person exploiting tangible or intangible property for the purpose of obtaining income therefrom by way of trade or business or a person or agency of government acting in that capacity.

The definition of goods has been updated to include all forms of tangible properties excluding – land, building, money or securities.

Services means anything other than goods, or services provided under a contract of employment, but includes any intangible or incorporeal property over which a person has rights which can be transferred. This excludes – interest in land and building, money or securities.

The definition of “building” excludes any fixtures or structures that can be easily removed from land such as cell towers, television and radio masts, vehicles and transmission lines.

  • Residents; registration must be done immediately on commencement of business. 
  • Non-residents; registration is required by a non-resident company that makes taxable supplies to Nigeria.
  • Companies with taxable supplies below N25m in any calendar year are exempt from the penalties for not registering for VAT and are not required to – file VAT returns or include VAT on their invoices. However, this exemption does not apply to companies engaged in upstream petroleum operations.
  • Non resident persons making taxable supplies in Nigeria are required to: 
  • Register for tax and obtain a Taxpayers’ Identification Number (TIN) and
  • Include VAT on invoices issued.
  • Collect and remit the VAT where appointed by the FIRS. However, the Nigerian customer will withhold and account for the VAT where the non-resident does not collect it.
  • Non resident persons may appoint a representative to assist with compliance obligations. Also, the FIRS is empowered to appoint any party to withhold or collect the relevant VAT, and remit to the FIRS.

The exemptions are: 

  • Oil exports (wrongly written as “All exports”)
  • Medical and pharmaceutical products
  • Agro and aqua based staple food
  • Books and educational materials
  • Baby products
  • Plants, machinery and good imported for use in the export processing zones or free trade zones
  • Plant, machinery and equipment purchased for utilisation of gas in downstream operations
  • Tractors, plough and agricultural implements purchased for agricultural purposes
  • Locally manufactured sanitary towels, pads or tampons
  • All exported services
  • Medical products and services
  • Services rendered by microfinance banks, people’s banks and mortgage institutions
  • Plays and performances by educational institutions as part of learning
  • Tuition relating to nursery, primary, secondary and tertiary education.
  • Plant, machinery and equipment (including steel structures) for the manufacture of cement and
  • allied products
  • Vegetable oil
  • Motorcycle (CKD)/Bicycle (SKDs) and their spare parts
  • Residential Rent
  • Petroleum products, including aviation and motor spirit, kerosene, natural gas, other liquefied
  • petroleum gases and gaseous hydrocarbons.
  • Renewable energy
  • Corporate bonds and government securities
  • Commercial Aircrafts, Commercial Aircraft Engines & Spare Parts
  • Airline transportation tickets issued and sold by registered commercial airlines in Nigeria
  • Hire, rental or lease of agricultural equipments for agricultural purposes
  • Interest in land and building, money, and securities

They are: 

  • Non-oil exports
  • Goods and services purchased by diplomats
  • Goods purchased for humanitarian donor-funded projects

They are:

  • Completed VAT returns form
  • VAT schedule showing Tax Identification number (TIN), name and address, date of transaction, invoice number, contract sum, rate applied, tax paid and month of return

The due date is the 21st day of the month following the month of transaction. However, Companies appointed by the FIRS to withhold or collect VAT are required to remit the tax by the 14th day of the month following the month of transaction.

  • Failure to register for VAT attracts a fine of ₦50,000 for the first month and ₦25,000 for every subsequent month
  • Failure to remit VAT attracts a fine of 10% per annum of the amount of tax not remitted plus interest at CBN minimum rediscount rate.
  • Failure to issue a tax invoice attracts a fine of 50% of the cost of the goods or services for which tax invoice was not issued.
  • Failure to keep proper records attracts a fine of ₦2,000 for every month in which failure continues.
  • Failure to collect VAT attracts a penalty of 150% of the amount not collected plus 5% interest above the CBN Monetary Policy Rate.
  • Failure to submit returns attracts a fine of ₦50,000 for the first month and ₦25,000 in which the failure continues
  • Failure to notify change of address attracts a fine of ₦50,000 for the first month in which the failure occurs; and ₦25,000 for each subsequent month in which the failure continues

They are: 

  • Oil and gas companies including oil service companies
  • Governments, ministries, departments, and agencies
  • Resident entities in respect of transactions with non- residents
  • Large and medium entities (taxable persons) in respect of transactions with small entities as defined by the FA
  • Taxable persons in respect of transactions with non-compliant vendors or suppliers
  • Recoverable input VAT is restricted to goods purchased or imported directly for resale and goods which form the stock- in-trade used for the direct production of any new product on which the output VAT is charged.
  • VAT on overhead, service and general administration expenses are not allowed as deduction from output VAT
  • VAT on fixed assets (capital items) which is to be capitalised along with the cost of the capital item are not allowed as deduction from output VAT.
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