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UNDERSTANDING THE BASICS OF
CORPORATE TAXATION IN NIGERIA
JULY 2022
Our Learning Checklist
What we'll cover in this session
Scope
Residence
Rate
Profits exempt, expenses
Withholding tax
Minimum tax, excess dividends tax
Tax filing, Due date, Penalty
Companies Income Tax Act (CITA) Cap 60, 2004 as amended
and Finance Acts 2019, 2020, 2021
Incorporated entities are companies
subject to Companies Income Tax on
their profits from all sources.
Every company, resident or non-resident, is
liable to companies' income tax (CIT) in Nigeria
where the profits accrue in or are derived from,
brought into, or received in Nigeria.
Section 13
Scope
Corporate tax is a tax on the profits
of a company.
Bomes Resources Consulting Understanding the basics of corporate tax in Nigeria 1
Bomes Resources Consulting Understanding the basics of corporate tax in Nigeria 2
Resident companies are liable to Companies Income Tax on their
worldwide income subject to relief for taxes suffered overseas under
the provisions of a relevant Double Taxation Treaty where eligible.
Non-resident entities are liable to Companies Income Tax on
Nigerian-sourced income. A foreign company with a significant
economic presence (SEP) in Nigeria will also be subject to income tax.
The SEP rule covers digital transactions and services rendered by an
NRC. For companies with SEP, the Federal Inland Revenue Service may
apply a deemed tax rate on the turnover that is attributable to the
company’s activities in Nigeria.
Residence
Rate
Medium-sized
company
20%
Large company
30%
Bomes Resources Consulting Understanding the basics of corporate tax in Nigeria 3
Small company
Companies formed to promote sporting
activities
Cooperative societies
Friendly societies
Trade unions
Profits exempt
Companies operating in an export processing
zone or free trade zone
Pioneer status
Export profits brought into Nigeria through
government-approved channels and invested in
raw materials, spare parts, plants, and machinery
Other profits as specified in Section 23
Bomes Resources Consulting Understanding the basics of corporate tax in Nigeria 4
Tax losses may be used to offset
profits arising from the same trade
in the subsequent year and the
unutilized amount can be carried
forward indefinitely.
Expenses
Allowable:
Expenses that are “wholly, reasonably, exclusively and
necessarily” incurred for the company’s operations
Donations to approved charity bodies and the COVID-
19 fund.
Non-deductible:
Depreciation and amortization, capital expenditure,
reserves.
Section 24 - 27
Bomes Resources Consulting Understanding the basics of corporate tax in Nigeria 5
Construction (roads,
buildings,
and bridges)
Contracts other than
sales in the ordinary
course of business
Withholding Tax
10%
2.5%
Dividends, interest, rent, royalties
Hire of equipment, commission,
consultancy, technical, management
fees, service fees
Due date: 21 days following the
month of the transaction
Penalty: 10% of the unpaid sum
5%
Bomes Resources Consulting Understanding the basics of corporate tax in Nigeria 6
It's a self-assessment system.
Register with Federal Inland Revenue Service
Tax filing is fully automated. If tax is payable, make payment after
submitting the online return to complete the process.
Companies operating in the upstream petroleum industry will file
income returns on an actual year basis while other companies will
follow a preceding year basis.
Tax filing: How?
Bomes Resources Consulting Understanding the basics of corporate tax in Nigeria 7
Old companies: 6 months after the financial year-end
New companies: Earlier of eighteen (18) months from the date of
incorporation or six (6) months after the end of its accounting period.
Tax filing: When?
Bomes Resources Consulting Understanding the basics of corporate tax in Nigeria 8
No profits?
No problem!
Minimum Tax
The minimum tax rate is 0.5% of the total
turnover minus franked investment income.
Lower rate of 0.25% in any two years of
assessment from 1 January 2019 to 31 December
2021.
Small companies, agricultural businesses, and
companies in their first four calendar years of
operations are exempt.
retained earnings, where the profits have
been subjected to tax under CITA or other tax
laws, tax-exempt profits
franked investment income
by a Real Estate Investment Company to
shareholders
Excess Dividend Tax
Dividend is paid from profit on which tax is not
payable or taxable profit is less than the dividend
paid.
Dividend will be the taxable profit.
No EDT on dividends paid out of
Bomes Resources Consulting Understanding the basics of corporate tax in Nigeria 9
Penalty
₦25,000 for the first month in
which the failure occurs and
₦5,000 for the subsequent month
of default. Upon conviction, the
officer of the company may be
liable to a fine of ₦100,000 or 2
years imprisonment or both
Late filing
10% of the amount of tax
payable and interest at the
monetary policy rate (MPR)
currently plus a spread
Late payment or non-
payment of tax
Penalty and Interest on any
outstanding tax from the
date the incorrect return was
filed and payment made.
Incorrect returns
01 02 03
Bomes Resources Consulting Understanding the basics of corporate tax in Nigeria 10
Thank you
for joining
this webinar!
Bomes Resources Consulting Understanding the basics of corporate tax in Nigeria 11
Assurance | Tax | Consulting
Website:
www.bomesresourcesconsulting.com
Stay in touch with us
@bomesresourcesconsulting

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Understanding the basics of corporate taxation Nigeria - BRC.pdf

  • 1. UNDERSTANDING THE BASICS OF CORPORATE TAXATION IN NIGERIA JULY 2022
  • 2. Our Learning Checklist What we'll cover in this session Scope Residence Rate Profits exempt, expenses Withholding tax Minimum tax, excess dividends tax Tax filing, Due date, Penalty Companies Income Tax Act (CITA) Cap 60, 2004 as amended and Finance Acts 2019, 2020, 2021
  • 3. Incorporated entities are companies subject to Companies Income Tax on their profits from all sources. Every company, resident or non-resident, is liable to companies' income tax (CIT) in Nigeria where the profits accrue in or are derived from, brought into, or received in Nigeria. Section 13 Scope Corporate tax is a tax on the profits of a company. Bomes Resources Consulting Understanding the basics of corporate tax in Nigeria 1
  • 4. Bomes Resources Consulting Understanding the basics of corporate tax in Nigeria 2 Resident companies are liable to Companies Income Tax on their worldwide income subject to relief for taxes suffered overseas under the provisions of a relevant Double Taxation Treaty where eligible. Non-resident entities are liable to Companies Income Tax on Nigerian-sourced income. A foreign company with a significant economic presence (SEP) in Nigeria will also be subject to income tax. The SEP rule covers digital transactions and services rendered by an NRC. For companies with SEP, the Federal Inland Revenue Service may apply a deemed tax rate on the turnover that is attributable to the company’s activities in Nigeria. Residence
  • 5. Rate Medium-sized company 20% Large company 30% Bomes Resources Consulting Understanding the basics of corporate tax in Nigeria 3
  • 6. Small company Companies formed to promote sporting activities Cooperative societies Friendly societies Trade unions Profits exempt Companies operating in an export processing zone or free trade zone Pioneer status Export profits brought into Nigeria through government-approved channels and invested in raw materials, spare parts, plants, and machinery Other profits as specified in Section 23 Bomes Resources Consulting Understanding the basics of corporate tax in Nigeria 4
  • 7. Tax losses may be used to offset profits arising from the same trade in the subsequent year and the unutilized amount can be carried forward indefinitely. Expenses Allowable: Expenses that are “wholly, reasonably, exclusively and necessarily” incurred for the company’s operations Donations to approved charity bodies and the COVID- 19 fund. Non-deductible: Depreciation and amortization, capital expenditure, reserves. Section 24 - 27 Bomes Resources Consulting Understanding the basics of corporate tax in Nigeria 5
  • 8. Construction (roads, buildings, and bridges) Contracts other than sales in the ordinary course of business Withholding Tax 10% 2.5% Dividends, interest, rent, royalties Hire of equipment, commission, consultancy, technical, management fees, service fees Due date: 21 days following the month of the transaction Penalty: 10% of the unpaid sum 5% Bomes Resources Consulting Understanding the basics of corporate tax in Nigeria 6
  • 9. It's a self-assessment system. Register with Federal Inland Revenue Service Tax filing is fully automated. If tax is payable, make payment after submitting the online return to complete the process. Companies operating in the upstream petroleum industry will file income returns on an actual year basis while other companies will follow a preceding year basis. Tax filing: How? Bomes Resources Consulting Understanding the basics of corporate tax in Nigeria 7
  • 10. Old companies: 6 months after the financial year-end New companies: Earlier of eighteen (18) months from the date of incorporation or six (6) months after the end of its accounting period. Tax filing: When? Bomes Resources Consulting Understanding the basics of corporate tax in Nigeria 8
  • 11. No profits? No problem! Minimum Tax The minimum tax rate is 0.5% of the total turnover minus franked investment income. Lower rate of 0.25% in any two years of assessment from 1 January 2019 to 31 December 2021. Small companies, agricultural businesses, and companies in their first four calendar years of operations are exempt. retained earnings, where the profits have been subjected to tax under CITA or other tax laws, tax-exempt profits franked investment income by a Real Estate Investment Company to shareholders Excess Dividend Tax Dividend is paid from profit on which tax is not payable or taxable profit is less than the dividend paid. Dividend will be the taxable profit. No EDT on dividends paid out of Bomes Resources Consulting Understanding the basics of corporate tax in Nigeria 9
  • 12. Penalty ₦25,000 for the first month in which the failure occurs and ₦5,000 for the subsequent month of default. Upon conviction, the officer of the company may be liable to a fine of ₦100,000 or 2 years imprisonment or both Late filing 10% of the amount of tax payable and interest at the monetary policy rate (MPR) currently plus a spread Late payment or non- payment of tax Penalty and Interest on any outstanding tax from the date the incorrect return was filed and payment made. Incorrect returns 01 02 03 Bomes Resources Consulting Understanding the basics of corporate tax in Nigeria 10
  • 13. Thank you for joining this webinar! Bomes Resources Consulting Understanding the basics of corporate tax in Nigeria 11
  • 14. Assurance | Tax | Consulting Website: www.bomesresourcesconsulting.com Stay in touch with us @bomesresourcesconsulting