Companies Income Tax Act – 2004 (as amended)

ARRANGEMENT OF SECTION

(Last reviewed December 2007)

An Act to consolidate the provisions of the Companies Income Tax Act 1961 and to make other provisions relating thereto.

[No. 28 of 1979, No. 11 of 2007.]

PART I

(Repealed by No. 11 of 2007, s. 2 (1).)

PART II – IMPOSITION OF TAX AND PROFITS CHARGEABLE

 

Section 9. Charge of tax. 

(1)   Subject to the provisions of this Act, the tax shall, for each year of assessment, be payable at the rate specified in section 40 (1) of this Act upon the profits of any company accruing in, derived from, brought into, or received in, that are not subject to tax under the Capital Gains Tax Act, Petroleum Profits Tax Act and Personal Income Tax Act, such profits shall include —

[Amended by Finance Act, 2019 s. 2(a) (i)]

(a) any trade or business for whatever period of time such trade or business may have been carried on;

(b) rent or any premium arising from a right granted to any other person for the use or occupation of any property; and where any payment on account of such a rent as is mentioned in this paragraph is made before the expiration of the period to which it relates and is included for the purposes of this paragraph in the profits of a company, then, so much of the payment as relates to any period beginning with the date on which the payment is made shall be treated for these purposes as accruing to the company proportionately from day to day over the last-mentioned period or over the five years beginning with that date, whichever is the shorter;

(c) dividends, interests, royalties discounts, charges or annuities; [No. 3 of 1993]

(d) any source of annual profits or gains not falling within the preceding categories;

(D)¹ For the purposes of this Act –

(i) Interest includes compensating payments received by a borrower from its approved agent or a lender in a Regulated Securities Lending Transaction provided that the underlying transaction giving rise to the compensating payment is a receipt of interest by a lender on the collateral it received from its approved agent or a borrower in a Regulated Securities Exchange Transaction,

(ii) Dividend includes compensating payments received by a lender from its approved agent or borrower in a Regulated Securities Lending Transaction if the underlying transaction giving rise to the compensating payment is a receipt of dividends by a borrower on any shares or securities received from its approved agent or a lender in a Regulated Securities Lending Transaction;

[Inserted by Finance Act, 2019 s. 2(a) (ii) ]

(e) any amount deemed to be income or profit under a provision of this Act or, with respect to any benefit arising from a pension or provident fund, of the Personal Income Tax Act;

(f) fees, dues and allowances (wherever paid) for services rendered.

(g) any amount of profits or gains arising from acquisition and disposal of short-term money instruments like Federal Government securities, treasury bills, treasury or savings certificates, debenture certificates or treasury bills, treasury or savings certificates, debenture certificates or treasury bonds-

[No. 63 of 1991.]

Provided that for the purpose of this section, securities or shares shall not be deemed to be disposed of by a lender, borrower or approved agent or acquired by a borrower, approved agent or lender if such securities or shares are transferred from a lender and subsequently returned by a borrower in a Regulated Securities Lending Transaction.

[Proviso inserted by Finance Act, 2019 s. 2(b)]

(h) Profits from securities lending other than compensating payments to the lender or borrower.

[Inserted by Finance Act 2019, s 2(c)]

(2) For the purposes of this section, interest shall be deemed to be derived from Nigeria if-

(a) there is a liability to payment of the interest by a Nigerian company or a company in Nigeria regardless of where or in what form the payment is made, or

(b) the interest accrues to a foreign company or person from a Nigerian company or a company in Nigeria regardless of whichever way the interest may have accrued. 

(3)   In this section, “dividend” means-

(a)  in relation to a company not being in the process of being wound up or liquidated, any profits distributed, whether such profits are of a capital natue or not, including an amount equal to the nominal value of bonus shares, debentures or securities awarded to the shareholders, and 

(b) in relation to a company that is being wound up or liquidated, any profits distributed, whether in money or money’s worth or otherwise, other than those of a capital nature earned before or during the winding-up or liquidation.

 

section 10. Identification of a company. 

(1) Every company shall have a tax identification number (TIN), which shall be displayed by the company on all business transactions with other companies and individuals and on every document, statement, returns, audited account and correspondence with revenue authorities, including the Federal Inland Revenue Service, Ministries and all Government Agencies.

 

(2) Every person engaged in banking or other financial services in Nigeria shall require all Companies to provide their TIN as a precondition for opening a bank account or, in the case of an account already opened within three months of the passage of this Act, the bank shall require such TIN to be provided by all companies as a precondition for the continued operation of their bank accounts.

[Substituted by Finance Act, 2019 s.3]

section 11. Charge of tax on interest relating to foreign and agricultural loans, and certain reliefs. 

(1) Interest payable on any foreign loan granted on or after 1 April, 1978 shall be exempted from tax as prescribed in Table I in the Third Schedule to this Act.

[Subsection (1), previously subsection (6), renumbered by No. 11 of 2007, s. 3 (a).]

(2) Interest on any loan granted by a bank on or after 1 January 1977 to a company engaged in-

(a) primary agricultural production, or 

[Substituted by Finance Act, 2020 s. 6(a)(i)]

(b) the fabrication of any local plant and machinery, or 

(c)  providing working capital for any cottage industry established by the company shall be exempted from tax, provided the moratorium is not less than 12 months and the rate of interest on the loan is not more than the base lending rate at the time the loan was granted, refinanced or otherwise restructured. 

[No. 11 of 2007, s. 3 (b).]

[Inserted by Finance Act, 2020 s. 6(a) (ii)] [No. 18 of 1998 and subsection (2), previously subsection (7), renumbered by No. 11 of 2007, s. 3 (a).]

(3)  For the purpose of subsection (7) of this section, where a bank grants a loan to a company, it shall disclose to the Service the following information-

(a)    the amount of the loan

(b)    the moratorium

(c)    the date repayment is due to commence

(d)    the amount of repayment, showing capital and interest and

(e)    the full particulars of the recipient of the loan and its permanent address 

[No. 63 of 1991 and Subsection (3), previously subsection (8), renumbered by No. 11 of 2007, s. 3 (a).]

(4) In this section: “Primary agricultural production” means:

(a) primary crop production comprising the production of raw crops of all kinds, but excluding any intermediate or final processing of crops or any other associated manufactured or derivative crop product;

(b) primary livestock production comprising the production of live animals and their direct produce such as live or raw meat, live or raw poultry, fresh eggs and milk of all kinds, but excluding any other associated manufactured or derivative livestock product;

(c) primary forestry production comprising the production of timbers of various kinds such as firewood, charcoal, uncultivated materials gathered and other forestry products of all kinds, including seeds and saplings, but excluding the intermediate and final processing of timber and any other manufactured or derivative timber product; and

(d) primary fishing production comprising the production of fish of all kinds, including ornamental fish, but excluding any intermediate or final processing of any other manufactured or derivative fish product.”

[Substituted by Finance Act, 2020 s. 6(b)(ii)]

“base lending rate” means the weighted average of the cost of fund to any bank;

[No. 63 of 1991.]

“cottage industry” means an industry where the creation of products and services is home-based, rather than factory-based;

[No. 11 of 2007, s. 3(c).]

“foreign company” means any company or corporation (other than a corporation sole) established by or under any law in force in any territory or country outside Nigeria;

“foreign loan”, in relation to any foreign company, means any loan granted by that company with monies brought into Nigeria from any territory or country outside Nigeria, or any loan granted by that company in any territory or country outside Nigeria, in a currency other than Nigerian currency. 

[Subsection (4), previously subsection (9), renumbered by No. 11 of 2007, s. 3 (a).]

(5) Interest payable on any loan granted by a bank on or after 1 April, 1980 for the purpose of manufacturing goods for export, shall be exempted from tax on the presentation of a certificate issued by the Nigerian Export Promotion Council stating that the level of export specified has been achieved by the company. A company shall be deemed to be engaged in manufacturing for export if, the Nigerian Export Promotion Council certifies that no less than one half of its manufactured goods disposed of in its year of account is sold outside Nigeria and is not re-exported to Nigeria.

[Subsection (5), previously subsection (10), renumbered by No. 11 of 2007, s. 3 (a).]

(EDITORIAL NOTE: Please note that although section 3 of Act No. 11 of 2007 instructs section 9 to be amended, it is suggested that it is intended to amend section 11.)

section 12. Full disclosure or agreement to be made.

Any company entering into any agreement (whether oral or written) in respect of any service under of section 9 (1) (f) of this Act shall forthwith make a full disclosure to the Service in writing of the terms of such agreement.

 

section 13. Nigerian companies. 

(1)  The profits of a Nigerian company shall be deemed to a accrue in Nigeria wherever they have arisen and whether or not they have been brought into or received in Nigeria. 

(2)  The profits of a company other than a Nigerian company from any trade or business shall be deemed to be derived from or taxable in Nigeria-

[Amended by Finance Act 2019, S.4(a)(i)]

(a) if that company has a fixed base of business in Nigeria to the extent that the profit is attributable to the fixed base;

(b) if it does not have such a fixed base in Nigeria but habitually operates a trade or business through a person in Nigeria authorised to conduct on its behalf or on behalf of some other companies controlled by it or which have a controlling interest in it or habitually maintains a stock of goods or merchandise in Nigeria from which deliveries are regularly made by a person on behalf of the company to the extent that the profit is attributable to the business or trade or activities carried on through that person;

(c) if it transmits, emits or receives signals, sounds, messages, images or data of any kind by cable, radio, electromagnetic systems or any other electronic or wireless apparatus to Nigeria in respect of any activity, including electronic commerce, application store, high frequency trading, electronic data storage, online adverts, participative network platform, online payments and so on, to the extent that the company has significant economic presence in Nigeria and profit can be attributable to such activity;

[Inserted by Finance Act, 2019 s.4 (a)(ii)]

(d)  if that trade or business or activities involves a single contract for surveys, deliveries, installations or construction; the profit from that contract; and

(e) if the trade or business comprises the furnishing of technical, management, consultancy or professional services outside of Nigeria to a person resident in Nigeria to the extent that the company has significant economic presence in Nigeria:

[Inserted by Finance Act 2019 s. 4 (b)]

Provided that the withholding tax applicable to the income under this paragraph shall be the final tax on the income of a non-resident recipient who does not otherwise fall within the scope of subsection (2) (a) – (d)

[Proviso Substituted by the Finance Act, 2020 s. 7]

(e) where the trade or business or activities is between the company and another person controlled by it or which has a controlling interest in it and conditions are made or imposed between the company and such person in their commercial or financial relations which in the opinion of the Service is deemed to be artificial or fictitious, so much of the profit adjusted by the Service to reflect arm’s length transaction.

[No. 3 of 1993.]

(3)  for the purpose of subsection (2) (a) of this section a fixed base shall not include facilities used solely for the-

(a)  storage or display of goods or merchandise.

(b)  collection of information.

[No. 3 of 1993.]

(4) For the purpose of subsection (2) (c) and (e), the Minister may by order, determine what constitutes the significant economic presence of a company other than a Nigerian company.

[Inserted by Finance Act, 2019, s.4 (c)]

section 14. Companies engaged in shipping or air transport.

(1) Where a company other than a Nigerian company carries on the business of transport by sea or air, and any ship or aircraft owned or chartered by it calls at any port or airport in Nigeria, its profits or loss to be deemed to be derived from Nigeria shall be the full profits or loss arising from the carriage of passengers, mails, livestock or goods shipped, or loaded into an aircraft, in Nigeria:

Provided that this subsection shall not apply to passengers, mails livestock or goods which are brought to Nigeria solely for trans-shipment or for transfer from one aircraft to another or in either direction between an aircraft and a ship.

(2) For the purposes of the preceding subsection, where the Board is satisfied that the taxation authority of any other country computes and assesses on a basis not materially different from that prescribed by this Act the profits of a company which operates ships or aircraft, and that authority certifies- 

(a) the ratio of profits or loss, before any allowance by way of depreciation, of an accounting period to the total sums receivable in respect of the carriage of passengers, mails, livestock or goods; and

(b) the ratio of allowances by way of depreciation for that period to that same total, then the full profits or loss of that period shall be taken to be that proportion of the total sums receivable in respect of the carriage of passengers, mails, livestock or goods shipped or loaded in Nigeria which is produced by applying the first-mentioned ratio to that total, and in place of any allowances to be given under the provisions of the Second Schedule there shall be allowed the amount produced by applying the second mentioned ratio to that same total. 

[Second Schedule.]

(2)  Where at time of assessment, the provisions of subsection (2) of this section cannot for any reason be satisfactorily applied, the profits to be deemed to be derived from Nigeria may be computed on a fair percentage on the full sum receivable in respect of the carriage of passengers, mails, livestock and goods shipped or loaded in Nigeria:

Provided that where any company has been assessed for any year by reference to such percentage, it shall be entitled to claim at any time within six years after the end of such year that its liability for that year be re-computed on the basis provided by subsection (2) of this section; and where such claim has been made and a certificate has been produced to the satisfaction of the Service as provided in that subsection, such repayment of tax shall be made as may be necessary to give effect to this proviso, save that, if the company fails to agree with the Service as to the amount of the tax to be so and repaid, the Service shall give notice to the company of refusal to admit the claim and the provisions of this Act with respect to objections and appeals shall apply accordingly with any necessary modifications.

(4)  For the purposes of this section, the tax payable by any company for any year of assessment shall not be less than two per cent of the full sum receivable in respect of the carriage of passengers, mails, livestock or goods shipped or loaded into an aircraft in Nigeria.

(5) The provisions of this section does not apply to income from leasing, containers, non- freight operations or any other incidental income liable to tax under section 9 of this Act.

[Inserted by Finance Act, 2020 s.8]

(²Note that a new paragraph(e) was inserted by Finance Act 2019, S.4(b) without a corresponding provision for renumbering.)

section 15. Cable undertakings

Where a company other than a Nigerian company carries on the business of transmission of messages by cable or by any form of wireless apparatus, it shall be assessable to tax as though it operates ships or aircraft, and the provisions of the preceding section shall apply mutatis mutandis to the computation of its profits deemed to be derived from Nigeria as though the transmission of messages to places outside Nigeria were equivalent to the shipping or loading of passengers, mails, livestock or goods in Nigeria.

 

section 16. Insurance companies. 

(1)  Notwithstanding anything to the contrary contained in this Act, insurance business shall be taxed as—

(a) an insurance company, whether proprietary or mutual, other than a life insurance company or

(b) a Nigerian company, whose profit accrued in part outside Nigeria, the profit on which tax may be imposed shall be ascertained by taking the gross premium and interest and other income receivable in Nigeria (less reinsurance), and deducting from the balance so arrived at, a reserve for unexpired risks at the percentage consistently adopted by the company in relation to its operations as a whole for such risks at the end of the period for which the profits are being ascertained, subject to the limitation imposed in subsection (8) (a) of this section.

(2) The profits on which tax may be imposed in an insurance company which is a life insurance company, whether proprietary or mutual, other than a Nigerian company, which carries on business through a permanent establishment in Nigeria, shall-

(a) be the investment income less the management expenses, including commission subject to the limitation imposed in subsection (8) (b) of this section; and

(b) where the profits of the company accrue in part outside Nigeria, be that proportion of the total investment income of the company as the premium earned whether received or receivable, less the agency expenses in Nigeria and a fair proportion of  expenses of the head office of the company: but where the insurance company has its head office outside Nigeria, the Service may substitute some basis other than that prescribed this paragraph for ascertaining the required proportion for the total investment income:

(3) Any amount distributed in any form as dividend from an actuarial revaluation of unexpired risks or from any other revaluation shall be deemed to be a part of the total profits of the company for tax purposes.

(4) Not more than three months after an actuarial revaluation of unexpired risks or from any other revaluation has taken place, the Company shall provide the Service with full particulars of the revaluation carries out, including a copy of the actuary’s revaluation certificate. 

(5) The profits on which tax may be imposed— 

(a) in a general Nigerian insurance company, shall be ascertained in accordance with the provisions of subsection (1) of this section as though the whole premium and investment incomes of the company were derived from Nigeria; and

(b) in a Nigerian life insurance company shall be ascertained in accordance with the provisions of subsections (2), (3) and (4) of this section as though the whole investment and other incomes were received in Nigeria and all the expenses and other outgoings of the company were incurred in Nigeria.

(6) Investment income for the purpose of taxation of a life insurance company under this section means income derived from investment of shareholders’ funds.

[Inserted by Finance Act, 2019 s. 5]

Where an insurance company carries on a life class and a general class insurance business, the funds and books of accounts of one class shall be kept separate from the other as though one class does not relate to the other class, and the annual tax returns of the two classes of insurance businesses shall be made separately.

(7) Each class of insurance shall be assessed separately as “life insurance assessment” and “non- life (other) insurance assessment” and in respect of each class of insurance business where there are more than one type of insurance in the same class, they form one type of business and shall not be allowed against the income from another type of insurance business but the loss shall be available to be carried forward against profits from the same class of insurance business.

[Amended by Finance Act, 2019 s. 6(a)]

(Finance Act 2019 s.5 provided for a new subsection (6), however, it neither deleted the existing subsection (6) nor renumbered the remaining subsections; hence the two sets of subsections (6) in the section).

(8) An insurance company, other than a life insurance company, shall be allowed as deductions from its premium the following reserves for tax purposes—

(a) reserve for unexpired risks, calculated on a time apportionment basis of the risks accepted in the year;

(b) for outstanding claims and outgoings, an amount equal to the total estimated amount of all outstanding claims and outgoings, provided that any amount not utilised towards settlement of claims and outgoings shall be added to the total profits of the following year;

[Second Schedule.] [Substituted by Finance Act, 2019 s.6 (b)]

(9) An insurance company, in respect of its life insurance business shall be allowed the following deductions from its investment incomes and other incomes—

(a) an amount which makes a general reserve and fund equal to the net liabilities on policies in force at the time of an actuarial valuation;

(b) an amount which is equal to one per cent of gross premium or ten per cent of profits (whichever is greater) to a special reserve fund and accommodation until it becomes the amount of the statutory minimum paid-up capital;

(c) all normal allowable business outgoing.

[Second Schedule.] [Amended by Finance Act 2019 s.6(c)]

(10) A reinsurance company shall be allowed the following deductions from its gross profit to be credited to a general reserve fund—

(a) an amount not more than fifty per cent of the gross profits of the reinsurer for the year where the general reserve fund is less than the initial statutory minimum authorised share capital; or

(b) an amount not more than twenty-five per cent of the gross profit of the reinsurer for the year, where the fund is equal to or exceeds the initial statutory minimum authorised share capital.

(11) An insurance company that engages the services of an insurance agent, a loss adjuster and an insurance broker shall include in its annual tax returns, a schedule showing the name and address of that agent, loss adjuster and insurance broker, the date their services were employed and terminated, as applicable, and payments made to each such agent, loss adjuster and insurance broker for the period covered by the tax returns.

[No. 11 of 2007, s. 4.]

(Note that the Finance Act 2019 provided for the substitution of paragraphs (a) and (b) with new paragraphs (a) and (b) without specifying the subsection of section 16 under which it will be substituted. Subsection 8 that has similar content with what is to be substituted.)

(EDITORIAL NOTE: Please note that although section 4 of Act No. 11 of 2007 instructs section 14 to be amended, it is suggested that it is intended to amend section 16.)

(12) For the purpose of this section, the tax payable by any insurance company for any year of assessment shall not be less than:

(a) 0.5% of the gross premium for non-life insurance business,

(b) 0.5% of the gross income for life insurance business: Provided, that the applicable minimum tax under this section shall be reduced to 0.25% for tax returns prepared and filed for any year of assessment falling due on any date between 1st January 2020 and 31st December 2021, both days inclusive; and

[Substituted by Finance Act, 2020 s.9(a)]

(13) For the purpose of subsection (12):

“gross premium” means the total premiums written, received and receivable excluding unearned premium and premiums returned to the insured; and “gross income” means total income earned by a life insurance business including all investment income (excluding franked investment income), fees, commission and income from other assets but excluding premiums received and claims paid by re-insurers.

[Inserted by Finance Act, 2020 s. 9(b)]

 

section 17. Authorized unit trust Scheme 

(1)  Where under any, of the provisions of the Investments and Securities Act, a unit trust scheme is established for the purpose of providing facilities for the participation of the public, as beneficiaries under a trust, in profits or income arising from acquisition, holding, management or disposal of securities or any other property whatsoever, this Act shall, in respect of the income arising to the trustees of an authorised unit trust, have effect-

[Cap. 124.]

(a)  as if the trustees were a company whose business consists mainly in the making of investments and the principal part of whose income is derived therefrom;

(b)  as if the rights of the unit holders were shares in the company; and

(c)   as if so much of the income accruing to the trustees as is available for payment to the unit holders were dividends on such shares, and reference in this Act to a company shall be construed in accordance with this subsection.

[No. 63 of 1991.] 

(2)  For the purpose of section 32 of this Act, the profits of an authorised unit scheme, on which tax may be imposed, shall be ascertained by taking the income accruing to the trustees from all sources of the investment of the unit trust and deducting therefrom sums disbursed as management expenses, including remuneration for the managers. 

[No. 63 of 1991.]

(3)  Where the trustees of a unit trust receive a payment on which the unit trust suffers tax by deduction (not being franked investment income) the tax thereon shall be set off against any income on the trustees by an assessment made for the year of assessment in which the receipt, on which the tax deduction was made, falls to be taken into account in ascertaining the tax payable by the unit trust for the year of assessment. 

No. 63[ of 1991.]

(4)  The provisions of section 53 of this Act shall apply to a dividend accruing to the trustees of a unit trust. 

No. 63 of 1[991.]

(5)  So much of the profit accruing to the trustees of a unit trust as is available for payment to unit holders or for investment shall be deemed to be dividends paid or payable by the trustees to the unit holders in proportion to their rights, and the provisions of section 21 of the Personal Income Tax Act shall apply to a dividend paid or payable to any member of an authorized unit trust.

[No. 63 of 1991. Cap. P8.]

(6)  In this section-

“authorized unit trust” means as respect a year of assessment, a unit trust scheme that is authorised by the Commission under section 125 of the investment and Securities Act to carry on the business of dealing in a unit trust scheme;

[Cap. 124.]

“trustee” under a unit trust means the person in whom the property for the time being subject to any trust created in pursuance of the scheme is or may be invested in accordance with the terms of the trust;

“unit holder” means any investor, beneficiary or person who acquired units in a unit trust scheme and who is entitled to a share of the investments subject to the trusts of a unit trust scheme;

“unit trust scheme” means any arrangement made for the purpose of providing facilities for the participation of the public as beneficiaries under a trust in profits or income arising from the acquisition, holding management or disposal of securities or any other property whatsoever;

 

section 18. Profits of a company from certain dividends. 

The profits of a company from a dividend received from any other company shall be-

(a) if that other company is resident in a country to which section 44 of this Act applies, the amount of that dividend increased by the amount of any tax imposed in that country relative to that dividend; and 

(b) if that other company is resident in a country to which section 45 of this Act applies, the amount of that dividend as computed under the provisions of section 46 (5) of this Act:

Provided that a dividend distributed-

(i) by a Nigerian company and satisfied by the issue of shares of the company paying the dividend, or

(ii) if the company is a Nigerian company, out of any profits exempted from tax by any provision of this Act, or of the Industrial Development (Income Tax Relief) Act; or

 (iii) if the company is chargeable to tax under the provisions of the Petroleum Profits Tax Act, out of any profits to which section 60 of that Act applies, shall be excluded from the profits of any other company which is a shareholder in such company.

[No. 3 of 1993.]

section 19 – Payment of dividend by a Nigerian company 

(1) Where a dividend is paid out as profit on which no tax payable due to-

[No. 30 of 1996.]

(a) no total profits or;

(b) total profits which are less than the amount of dividend which is paid whether or not the recipient of the dividend is a Nigerian company, is paid by a Nigerian company, the company paying the dividend shall be charged to tax at the rate prescribed in subsection 1 of section 40 of this Act as if the dividend is the total profits of the company for the year of assessment to which the accounts out of which the dividend is declared, relates.

 

(2) The provisions of subsection (I) shall not apply to—

(a) dividends paid out of the retained earnings of a company, provided that the dividends are paid out of profits that have been subjected to tax under this Act, the Petroleum Profits Tax Act, or the Capital Gains Tax Act;

(b) dividends paid out of profits that are exempted from income tax by any provision of this Act, the Industrial Development (Income Tax Relief) Act, the Petroleum Profits Tax Act, or the Capital Gains Tax Act or any other legislation;

(c) profits or income of a company that are regarded as franked investment income under this Act; and

(d) distributions made by a real estate investment company to its shareholders from rental income and dividend income received on behalf of those shareholders, whether such dividends are paid out of profits of the year in which the dividend is declared or out of profits of previous reporting periods.

[Inserted by Finance Act 2019, s.7(a)]

section 20. Nigerian dividends received by companies other than Nigerian companies 

In the case of a company which is neither a Nigerian company nor engaged in a trade or business in Nigeria at any time during a year of assessment- 

(a)  no tax shall be charged on it for that year in respect of any dividend received by it from a Nigerian company apart from tax withheld under section 80 of this Act; 

(b) [Deleted by Finance Act, 2019 s.8]

(c)  nothing in this Act shall confer on such company or on the company paying the dividend, a right to repayment of tax paid by reason of the provisions of this section.

 

section 21. Certain undistributed profits may be treated as distributed. 

(1) Where it appears to the Service that a Nigerian company controlled by not more than five persons, with a view to reducing the aggregate of the tax chargeable in Nigeria on the profits or income of the company and those persons, has not distributed to its shareholders as dividend, profits made in any period for which accounts have been made up by such company, which profits could have been distributed without detriment to the company’s business as it existed at the end of that period, it may direct that any such undistributed profits of such period be treated as distributed. 

(2) Any amount of profits treated as distributed under the provisions of the foregoing subsection shall, for the purposes of this Act and any enactment in Nigeria imposing tax on the incomes of persons other than companies, be deemed to be profits or income from a dividend accruing to those persons who are shareholders in the company in proportion to their shares in the ordinary capital thereof on such day, and the amount of such profits or income to be taken for assessment in the hands of each such person shall be his due proportion thereof increased by such amount in respect of tax deemed to be deducted at source, as the Service may determine. 

(3) Any direction by the Service under this section shall be made in writing and be served upon the company, and shall specify- 

(a)  the day to be taken for the purposes of the preceding subsection; 

(b)  the net amount of those profits so deemed to be distributed; 

(c)    the rate of tax deemed to be deducted, being the rate prescribed in section 80 of this Act; 

(d)  the gross amount which after deduction of tax at the said rate leaves such net amount of those profits; and 

(e)  the net Nigerian rate of tax applicable to those profits, being such rate as would have been computed or agreed by the Service under the provisions of section 43 (2) of this Act if those profits had been distributed by the company as a dividend. 

(4)  For the purposes of this section, the Service may give notice to any company which it has reason to believe is controlled by not more than five persons requiring it to supply within such reasonable time limited in such notice, full particulars of its shareholders on any day. 

(5)  Any direction by the Service under this section with respect to the profits of any accounting period of a company, shall be made not later than two years after the receipt by the Service of the duly audited accounts of the company for that period.

(6)  A company in respect of which any direction is made under this section shall have a right of appeal in like manner as though for the purposes of Part X of this Act, such direction were an assessment.

Section 22. Artificial transactions, etc.

(1) Where the Service is of opinion that any disposition is not in fact given effect to or that any transaction which reduces or would reduce the amount of any tax payable is artificial or fictitious, it may disregard any such disposition or direct that such adjustments shall be made as respects liability to tax as it considers appropriate so as to counteract the reduction of liability to tax affected, or reduction which would otherwise be affected, by the transaction and any company concerned shall be assessable accordingly.

(2) For the purpose of this section—

(a) “disposition” includes any trust, grant, covenant, agreement or arrangement;

(b) transactions between persons one of whom either has control over the other or, in the case of individuals, who are related to each other or between persons both of whom are controlled by some other person, shall be deemed to be artificial or fictitious if in the opinion of the Service those transactions have not been made on terms which might fairly have been expected to have been made by persons engaged in the same or similar activities dealing with one another at arm’s length.

(3) A company in respect of which any direction is made under this section, shall have a right of appeal in like manner as though for the purposes of Part X of this Act such direction were an assessment.

Section 23. Profits exempted

(1) There shall be exempt from the tax—

(a) the profits of any company being a statutory or registered friendly society, in so far as such profits are not derived from a trade or business carried on by such society;

(b) the profits of any company being a co-operative society registered under any enactment or law relating to co-operative societies, not being profits from any trade or business carried on by that company other than co-operative activities solely carried out with its members or from any share or other interest possessed by that company in a trade or business in Nigeria carried on by some other persons or authority;

(c) the profits of any company engaged in ecclesiastical, charitable or educational activities of a public character in so far as such profits are not derived from a trade or business carried on by such company;

(d) the profits of any company formed for the purpose of promoting sporting activities where such profits are wholly expendable for such purpose, subject to such conditions as the Service may prescribe;

(e) the profits of any company being a trade union registered under the Trade Unions Act in so far as such profits are not derived from a trade or business carried on by such trade union;

[Cap. T14.]

(f) dividend distributed by Unit Trust;

[No. 32 of 1996.]

(g) the profits of any company being a body corporate established by or under any Local Government Law or Edict in force in any State in Nigeria;

(h) the profits of any body corporate being a purchasing authority established by an enactment and empowered to acquire any commodity for export from Nigeria from the purchase and sale (whether for the purposes of export or otherwise) of that commodity;

(i) the profits of any company or any corporation established by the law of a State for the purpose of fostering the economic development of that State, not being profits derived from any trade or business carried on by that corporation or from any share or other interest possessed by that corporation in a trade or business in Nigeria carried on by some other person or authority;

(j) any profits of a company other than a Nigerian company which, but for this paragraph, would be chargeable to tax by reason solely of their being brought into or received in Nigeria;

(k) dividend, interest, rent, or royalty derived by a company from a country outside Nigeria and brought into Nigeria through Government approved channels. For the purpose of this subsection, “Government approved channels”, means the Central Bank of Nigeria, any bank or other corporate body appointed by the Minister as authorised dealer under the Foreign Exchange (Monitoring and Miscellaneous Provisions) Act or any enactment replacing that Act;

[Cap. F34.]

(l) the interest on deposit accounts of a foreign non-resident company: Provided that the deposits into the account are transfers wholly of foreign currencies to Nigeria on or after 1 January, 1990 through Government approved channels;

[No. 21 of 1991.]

(m) the interest on foreign currency domiciliary account in Nigeria accruing on or after 1 January, 1990;

[No. 21 of 1991.]

(n) [Deleted by Finance Act 2019, s. 9(a) (i)]

(o) the profits of a small company in a relevant year of assessment: Provided that—

(i) Such company shall, without prejudice to this exemption, comply with the tax registration and tax return filing stipulations of this Act and be subject to the provisions as regards time of filing, penalties for breach of statutory duties and all other provisions of this Act in all respects during the period which its profits are below the tax paying threshold, or

(ii) they are dividends received from small companies in the manufacturing sector in the first five years of their operations;

[No. 31 of 1996.]

[Substituted by Finance Act 2019, s. 9(a) (ii)]

(q) the profits of any Nigerian company in respect of goods exported from Nigeria, if the proceeds of such exports are used for the purchase of raw materials, plant equipment and spare parts:

Provided that tax shall accrue proportionately on the portion of such proceeds which are not utilised in the manner prescribed.

[No. 31 of 1996.]

[Substituted by Finance Act 2019, s. 9(a) (ii)]

(q) the profits of any Nigerian company in respect of goods exported from Nigeria, provided that the proceeds from such export are repatriated to Nigeria and are used exclusively for the purchase of raw materials, plant, equipment and spare parts;

[No. 32 of 1996.]

(r) the profits of a company whose supplies are exclusively inputs to the manufacturing of products for export, provided that the exporter shall give a certificate of purchase of the inputs of the exportable goods to the seller of the supplies;

[No. 32 of 1996.]

(s) the dividend and rental income received by a real estate investment company on behalf of its shareholders provided that—

(i) A minimum of 75% of dividend and rental income is distributed, and

(ii) Such distribution is made within 12 months of the end of the financial year in which the dividend or rental income was earned;

[Inserted by Finance Act 2019 s. 9(a) (iii)]

(t) The compensating payments, which qualify as dividends under section 9(I)(c) of this Act, received by a lender from its approved agent or a borrower in a Regulated Securities Lending Transaction, such payments are deemed to be franked investment income and shall not be subjected to further tax in the hands of the Lender;

[Inserted by Finance Act, 2019, s 9(a) (iii)]

(u) the compensating payments, which qualify as dividends or interest under section 9(I) (c) of this Act, received by an approved agent from a borrower or lender on behalf of a lender or borrower in a Regulated Securities Lending Transaction;

[Inserted by Finance Act, 2019, s 9(a) (iii)]

(s) the profit of a company established within an export processing zone or free trade zone:

Provided that one hundred per cent production of such company is for export otherwise tax shall accrue proportionately on the profits of the company.

[No. 11 of 2007, s. 5.]

(EDITORIAL NOTE: Please note that although section 5 of Act No. 11 of 2007 instructs section 19 to be amended, it is suggested that it is intended to amend section 23.)

Finance Act 2019 s.9 (a) (iii) provided for new subsections (s), (t) & (u), however, it neither deleted the existing paragraph (s) nor renumbered the paragraphs appropriately, hence the two paragraphs (s) in the section.

(1A) Nothing in this section shall be construed to exempt from deduction at source, the tax which a company making payments is to deduct under sections 78, 79 or 80 of this Act, such that the provisions of sections 78, 79 & 80 of this Act shall apply to a dividend, interest, rent or royalty paid by a company exempted from tax under subsection (I) (a) to (e), (h) to (l), (o), (q), (r) and (t).

[Inserted by Finance Act, 2019, s. 9(b)]

(IB) Nothing in this section shall be construed to exempt—

(a) shareholders from tax on the dividend or rental income received from a real estate investment company,

(b) a real estate investment company from tax on management fee, profits or any other income earned for and on its own account, and

(c) a real estate investment company from tax on dividend and rental income if it does not meet the conditions stipulated in subsection (1) (s).

[Substituted by Finance Act 2020, s. 10 (a)]

(IC) [Inserted by Finance Act, 2019 s.9 (b) and deleted by Finance Act 2020 s. 10(b)]

Power to exempt

(2) The President may exempt by order—

(a) any company or class of companies from all or any of the provisions of this Act; or

(b) from tax all or any profits of any company or class of companies from any source, on any ground which appears to it sufficient.

(3) The President may by order amend, add to or repeal any exemption made by notice or order under the provisions of section 9 (2) or (4) of the Personal Income Tax Act in so far as it affects a company, and, subject to the foregoing, the following notices and order shall continue in force for all purposes of this Act—

[Cap. P8.]

(a) the Income Tax Exemption (Interest on Nigerian Public Loans) Notice;

[L.N. 220 of 1943.]

(b) the Income Tax (Exemption) (Nigerian Broadcasting Corporation) Order;

[L.N. 85 of 1957.]

(c) the Railway Loan (International Bank) (Exemption of Interest) Notice.

[L.N. 111 of 1958.]

PART III- ASCERTAINMENT OF PROFITS

 

Section 24. Deductions allowed

Save where the provisions of section 14 (2) or (3) or 16 of this Act apply, for the purpose of ascertaining the profits or loss of any company of any period from any source chargeable with tax under this Act, there shall be deducted all expenses for that period by that company wholly, exclusively, necessarily and reasonably incurred in the production of those profits chargeable to tax including, but without otherwise expanding or limiting the generality of the foregoing—

[Amended by Finance Act 2019,s. 10(a)]

(a) subject to the provisions of the Seventh Schedule to this Act, any sum payable by way of interest on debt borrowed and employed as capital in acquiring the profits of a company;

[Substituted by Finance Act 2019, s.10(b)]

(b) rent for that period, and premiums, the liability for which was incurred during that period, in respect of land or building occupied for the purposes of acquiring the profits, subject, in the case of residential accommodation occupied by employees of the company, to a maximum of hundred per cent of the basic salary of employees;

[No. 30 of 1996 and No. 32 of 1996.]

(c) (deleted by No. 11 of 2007, s. 6 (a));

(d) any outlay or expenses incurred during the year in respect of—

(i) salary, wages or other remuneration paid to the senior staff and executives;

(ii) cost to the company of any benefit or allowance provided for the senior staff and executives, which shall not exceed the limit of the amount prescribed by the collective agreement between the company and the employees and approved by the Federal Ministry responsible for Labour matters, as the case may be;

[No. 21 of 1991 and No. 11 of 2007, s. 6 (b).]

(e) any expenses incurred for repair of premises, plant, machinery or fixtures employed in acquiring the profits, or for the renewals, repair or alteration of any implement, utensil or articles so employed;

(f) bad debts incurred in the course of a trade or business proved to have become bad during the period for which the profits are being ascertained, and doubtful debts to the extent that they are respectively estimated to the satisfaction of the Service to have become bad during the said period notwithstanding that such bad or doubtful debts were due and payable before the commencement of the said period:

Provided that—

(i) where in any period a deduction under this paragraph is to be made as respects any particular debt, and a deduction has in any previous period been allowed either under the Companies Income Tax Act, 1961 or this Act in respect of the same debt, the appropriate reduction shall be made in the deduction to be made for the period in question;

[No. 22 of 1961.]

(ii) all sums recovered during the said period on account of amounts previously written off or allowed either under the Companies Income Tax Act 1961 or this Act in respect of bad or doubtful debts shall for the purposes of this Act be deemed to be profits of the trade or business of that period;

(iii) it is proved to the satisfaction of the Service that the debts in respect of which a deduction is claimed either were included as a receipt of the trade or business in the profits of the year within which they were incurred, or were advances not falling within the provisions of the trade or business in the profits of the year within which they were incurred, or were advances not falling within the provisions of section 23 (1) (e) of this Act made in the course of normal trading or business operations;

(g) any contribution to a pension, provident or other retirement benefits fund, society or scheme approved by the Joint Tax Board under the powers conferred upon it by section 85 (g) of the Personal Income Tax Act, subject to the provisions of the Fourth Schedule to the Act and to any conditions imposed by that Service; and any contribution other than a penalty made under the provisions of any enactment establishing a national provident fund or other retirement benefits scheme for employees throughout Nigeria;

[Cap. P8 and Fourth Schedule.]

(h) in the case of the Nigerian Railway Corporation such deductions as are allowed under the provisions of the Authorised Deductions (Nigerian Railway Corporation) Rules, which Rules shall continue in force for all purposes of this Act;

[L.N. 195 of 1959.]

(i) in the case of profits from a trade or business, any expenses or part thereof—

(i)the liability for which was incurred during that period wholly, exclusively, necessarily and reasonably for the purposes of such trade or business and which is not specifically referable to any other period or periods; or

(ii) the liability for which was incurred during any previous period wholly, exclusively, necessarily and reasonably for the purpose of such trade or business and which is specifically referable to the period of which the profits are being ascertained; and

(iii) the expenses proved to the satisfaction of the Service to have been incurred by the company on research and development for the period including the amount of levy paid by it to the National Science and Technology Fund which is not deductible under any other provision of this section;

[No. 3 of 1993.]

(j) such other deduction as may be prescribed by the Minister by any rule.

(k) dividends or mandatory distributions made by a real estate investment company duly approved by the Securities and Exchange Commission, to its shareholders; and

[Inserted by Finance Act 2019, s. 10(c)]

(l) compensating payments, which qualify as interest under section 9(I) (c) of this Act, made by a lender to its approved agent or a borrower in a Regulated Securities Lending Transaction.

[Inserted by Finance Act 2019, s. 10(c)]

(EDITORIAL NOTE: Please note that although section 6 of Act No. 11 of 2007 instructs section 20 to be amended, it is suggested that it is intended to amend section 24.)

Section 25. Deductible donations

(1) Subject to the provisions of this section and notwithstanding anything contained in section 24 of this Act, for the purpose of ascertaining the profits or loss of any company for any period from any source chargeable with tax under this Act, there shall be deducted the amount of any donation made for that period by that company to any fund, body or institution in Nigeria to which this section applies.

(2) Without prejudice to section 27 of this Act, it is hereby declared for the avoidance of doubt that the provisions of subsection (1) of this section shall have effect if, but only if, the donations are made out of the profits of the company, and are not expenditure of a capital nature.

(3) Except to such extent (if any) as the President may by order in the Federal Gazette otherwise direct, any deduction to be allowed to any company, under subsection (1) of this section, for any year of assessment, shall not exceed an amount which is equal to ten per cent of the total profits of that company for that year as ascertained before any deduction is made under this section.

(4) There shall be excluded from the sum allowable as a deduction under this section, any outgoings and expenses which are allowable as deductions under section 24 of this Act.

(5) This section shall apply to—

(a) the public funds;

(b) the statutory bodies and institutions;

(c) the ecclesiastical, charitable, benevolent, educational and scientific institutions, established in Nigeria, which are specified in the Fifth Schedule to this Act.

[Fifth Schedule.]

(6) The Minister may by order in the Federal Gazette amend the said Schedule in any manner whatsoever:

Provided that no fund, body or institution shall be added to that Schedule, in exercise of the powers conferred under the foregoing provisions of this subsection, unless the fund is a public fund established in Nigeria, or the body or institution is a statutory body or institution, or is a body or institution of a public character, established in Nigeria.

(7) In this section references to donations made by a company do not include references to any payments made by the company for valuable consideration.

(8) Donations made by companies in cash or kind to any fund set up by the Federal Government or any State Government, or to any agency designated by the Federal Government or to any similar Fund or purpose in consultation with any Ministry, Department or Agency of the Federal Government, in respect of any pandemic, natural disaster or other exigency shall be allowed as deductions as follows:

(a)the cost of in-kind donations made to the Government and any designated agency shall be allowed as deductions; or

(b) where companies have either procured or manufactured items for contribution, the cost of purchase, manufacture or supply of such in-kind contributions shall be allowed as deductions:

Provided that requisite documentation evidencing the donation and cost thereof are provided to the relevant tax authority and demonstrated to be wholly, reasonably, exclusively and necessarily incurred in relation to the procurement, manufacture or supply of the in-kind contributions.

[Inserted by Finance Act 2020, s.11]

(9) Notwithstanding the provisions of subsections (2) and (3), amounts allowable for deduction, in respect of subsection (8), in any year of assessment shall be limited to 10% of assessable profits after deduction of other allowable donations made by the company.

[Inserted by Finance Act 2020, s.11]

25A. (1) Notwithstanding the provisions of section 206 of this Act, for the purpose of ascertaining the profit or loss of any company for the period from any source chargeable with tax under this Act, there shall be deducted the amount of donation to a university and other tertiary or research institutions for research or any developmental purpose or as an endowment out of the profits of the period by the company.

(2) Without prejudice to section 21 (2) and (3) of this Act, any donation made by a company pursuant to subsection (1) of this section shall be allowed as deductible by the company out of the profits of that period notwithstanding that the donation is of a revenue or capital nature.

(3) Except as the Minister with the approval of the Federal Executive Council may, by order in the Federal Gazette otherwise direct, any deduction to be allowed to any company under subsection (1) of this section shall not exceed an amount which is equal to fifteen per cent of the total profits or twenty- five per cent of the tax payable in the year of the donation whichever is higher.

[No. 11 of 2007, s. 7.]

(EDITORIAL NOTE: Please note that although section 7 of Act No. 11 of 2007 instructs section 21A to be inserted, it is suggested that it is intended to insert section 25A.)

Note that Section 20 referred to in Section 25A(1) was intended to be Section 24 of the Act which provides for deductions allowed.

Section 26. Deduction for research and development

(1) Notwithstanding anything contained in section 24 of this Act, for the purpose of ascertaining the profit or loss of any company for any period from any source chargeable with tax under this Act, there shall be deducted the amount of reserve made out of the profits of that period by that company for research and development.

(2) The deduction to be allowed to any company under subsection (1) of this section for any year of assessment shall not exceed an amount which is equal to ten per cent of the total profits of that company for that year as ascertained before any deduction is made under this section and section 25 of this Act.

(3) Companies and other organisations engaged in research and development activities for commercialisation shall be allowed twenty per cent investment tax credit on their qualifying expenditure for that purpose.

[No. 32 of 1996.]

Section 27. Deductions not allowed

Notwithstanding any other provision of this Act, no deduction shall be allowed for the purpose of ascertaining the profits of any company in respect of—

(a) capital repaid or withdrawn and any expenditure of a capital nature;

(b) any sum recoverable under an insurance or contract of indemnity;

(c) taxes on income or profits levied in Nigeria or elsewhere, other than tax levied outside Nigeria on profits which are also chargeable to tax in Nigeria where relief for the double taxation of those profits may not be given under any other provision of this Act;

(d) any payment to a savings, widows and orphans, pension, provident or other retirement benefit fund, society or scheme except as permitted by section 24 (g) of this Act;

(e) the depreciation of any asset;

(f) any sum reserved out of profits, except as permitted by section 24 (f) or 25 of this Act or as may be estimated to the satisfaction of the Service, pending the determination of the amount, to represent the amount of any expense deductible under the provisions of that section, the liability for which was irrevocably incurred during the period for which the income is being ascertained;

(g) any expense whatsoever incurred within or outside Nigeria

involving related parties as defined under the Transfer Pricing Regulations, except to the extent that it is consistent with the Transfer Pricing Regulations;

[Substituted by Finance Act, 2019, s. 11(a)]

(h) any expense incurred in deriving tax exempt income, losses of a capital nature and any expense allowable as a deduction under the Capital Gains Tax Act for the purpose of determining chargeable gains;

[Substituted by Finance Act, 2019, s. 11(a)]

(i) any compensating payment made by a borrower, which qualifies as dividends under Section 9(1)(c) of this Act, to its approved Agent or to a Lender in a Regulated Securities Exchange Transaction;

[Substituted by Finance Act 2019 s.11(a)]

(j) any compensating payment made by an approved agent, which qualifies as interest or dividends under section 9(1)(c) of this Act, to a borrower or lender in a Regulated Securities Exchange Transaction;

[Inserted by Finance Act 2019, s. 9(b)]

(k) penalty or fine imposed pursuant to a legislation enacted by the National Assembly or State House of Assembly;

[Substituted by Finance Act 2020, s. 12]

(l) any tax or penalty borne by a company on behalf of another person.

[Inserted by Finance Act 2019, s. 11 (b)]

Section 28. Waivers or refund of liability or expenses

When a deduction has been allowed to a company under the provisions of section 24 or 25 of this Act in respect of any liability of, or any expense incurred by that company and such liability is waived or released or such expense is refunded to the company, in whole or in part, then the amount of that liability or expense which is waived, released or refunded, as the case may be, shall be deemed to be profits of the company on the day on which such waiver, release or refund was made or given.

PART IV- ASCERTAINMENT OF ASSESSABLE PROFITS

Section 29. Basis for computing assessable profits

(1) Save as provided in this section, the profits of any company for each year of assessment from such source of its profits (hereinafter referred to as “the assessable profits”) shall be the profits of the accounting period immediately preceding the year of assessment from each such source:

Provided that in respect of any company which makes up its accounts to any date between 1 January and 31 March, 1980, the profits to be assessed to tax—

(a) in 1980 year of assessment, shall be the profits of the period from the beginning of the accounting year to 31 December, 1979; and

(b) in 1981 year of assessment, shall be the profits for 1 January to the end of the company’s accounting year in 1980.

[Amended by Finance Act 2019, s.12(a)]

(2) When the Service is satisfied that a company has made or intends to make up accounts of its trade or business to someday other than 31 December, it may direct that the assembled profits of that company shall be computed on the amount of the profits of the year ending on that day in the year preceding the year of assessment:

Provided that where the assessable profits of a company have been computed by reference to accounts made up to a certain day, and such company fails to make up an account to the corresponding day in the year following the assessable profits of that company for the year of assessment in which such failure occurs and for two years of assessment next following shall be computed on such basis as the Service in its discretion may decide.

New trade or business

(3) The assessable profits of any company from any trade or business (or in the case of a company other than a Nigerian company) for its first year of assessment and the two following years of assessment (which years are in this subsection respectively referred to as “the first year’’, “the second year’’ and “the third year’’) shall be ascertained in accordance with the following provisions:

(a) For the first year, the assessable profits shall be the profits from the date in which it commenced to carry on such trade or business in Nigeria to the end of its first accounting period;

(b) For the second year, the assessable profits shall be the profits from the first day after its first accounting period to the end of its second accounting period; and

(c) For the third year and for each subsequent year, the assessable profits shall be the profits from the day after the accounting period just ended.

[Substituted by Finance Act, 2019 s. 12 (b)]

Cessation of trade or business

(4) Where a company permanently ceases to carry on a trade or business (or in the case of a company other than a Nigerian company, permanently ceases to carry on a trade or business in Nigeria) in an accounting period, its assessable profits therefrom shall be the amount of the profits from the beginning of the accounting period to the date of cessation and the tax thereof shall be payable within six months from the date of cessation.

[Substituted by Finance Act 2019, s. 12 (b)

(5) Where the provisions of subsection (1) of this section apply, such additional assessment or, on a claim being made by the company for this purpose in writing, such reductions of assessments or repayments of tax shall be made as may be necessary to give effect to these provisions:

Provided that, if the company fails to agree with the Service as to the amount of any reduction of an assessment or repayment of tax, the Service shall give notice to the company of refusal to admit the claim to such reduction or repayment and the provisions of Part XI of this Act shall apply accordingly with any necessary modifications as though such notice were an assessment.

Apportionment of profits

(6) Where in the case of any trade or business it is necessary, in order to arrive at the profits of any year of assessment or other period, to allocate or apportion to specific periods the profits or loss of any period for which accounts have been made up, or to aggregate any such profits or loss or apportioned parts thereof, it shall be lawful to make such allocation, apportionment or aggregation, and any apportionment under this section shall be made in proportion to the number of days in the respective periods, unless the Service, having regard to any special circumstances, otherwise directs.

Receipts and payments after cessation of a trade or business

(7) Where, after the date on which a company has permanently ceased to carry on a trade or business (as determined for the purposes of subsection (4) of this section), the company, its receivers or liquidators, receive or pay any sum which would have been included in or deducted from the profits of that trade or business if it had been received or paid prior to that date, such sum shall be deemed for all purposes of this Act to have been received or paid by the company on the last day before such cessation occurred.

Certain partnership

(8) Where a company is engaged in a trade or business in partnership with any other person in Nigeria, that trade or business shall be deemed to constitute a separate source of profits, and the assessable profits of the company from that source shall be determined under the provisions of the Personal Income Tax Act in like manner as would be the assessable income of any individual partner in that partnership:

[Cap. P8.]

Provided that, with respect to any assets of such partnership, where any annual, initial or balancing allowance or charge would fall to be given to or made upon the company for any year under the provisions of the Fifth Schedule to that Act, if the company were an individual partner in that partnership, such allowance or charge shall be given or made as though due under the provisions of the Second Schedule and in place of any other allowance or charge arising thereunder with respect to the same asset.

[Fifth Schedule and Second Schedule.]

Trades or businesses sold or transferred

(9) Where a trade or business carried on by a company is sold or transferred to a Nigerian company for the purposes of better organisation of that trade or business or the transfer of its management to Nigeria and any asset employed in such trade or business is sold or transferred, if the Service is satisfied that one company has control over the other or that both are controlled by some other person or are members of a recognised group of companies and have been so for a consecutive period of at least 365 days prior to the date of reorganisation the Service may in its discretion direct that—

[Amended by Finance Act 2019, s. 12 (c)(iii)]

(a) the provisions of subsections (3) and (4) of this section shall not apply to such trade or business;

(b) for the purposes of the Second Schedule to this Act, each such asset shall be deemed to have been sold for an amount equal to the residue of the qualifying expenditure thereon on the day following such sale or transfer; and

[Second Schedule.]

(c) the company acquiring each such asset shall not be entitled to any initial allowance with respect to that asset under the said Schedule and any allowances deemed to have been received by the vendor company under the provisions of this paragraph:

Provided that the Service in its discretion—

(i) may require either company directly affected by any such direction which is under consideration by the Service to guarantee or give security, to the satisfaction of the Service, for payment in full of all tax due or to become due by the company selling or transferring such trade or business; and

(ii) may impose such conditions as it sees fit on either or both the companies directly affected, and in the event of failure by either company to carry out or fulfil such guarantee or conditions, the Service may revoke the direction and make all such additional assessments or repayments of tax as may be necessary so as to give effect to such revocation; and for the purposes of this subsection, reference to a trade or business shall include references to any part thereof.

Provided also that if the acquiring company were to make a subsequent disposal of the assets thereby acquired within the succeeding 365 days after the date of transaction, any concessions enjoyed under this subsection shall be rescinded and the companies shall be treated as if they did not qualify for the concessions stipulated in this subsection as at the date of initial reorganisation.

[Proviso inserted by Finance Act 2019, s. 12 (c) (ii)]

Trade or business transferred under Part II of the Companies and Allied Matters Act

(10) Where, in pursuance of Chapter 3 of Part II of the Companies and Allied Matters Act, a company (in this subsection referred to as “the re-constituted company”) is incorporated under that Act to carry on any trade or business previously carried on in Nigeria by a foreign company and the assets employed in Nigeria by the foreign company in that trade or business vest in the re-constituted company, then, if the Service is satisfied that the trade or business carried on by the re-constituted company immediately after the incorporation of that company under the Act is not substantially different in nature from the trade or business previously carried on in Nigeria by the foreign company, the following provisions of this subsection shall have effect, that is—

[Cap. C20.]

(a) the provisions of subsections (3) and (4) of this section shall not apply to the trade or business carried on by the re-constituted company;

(b) for the purposes of the Second Schedule to this Act, the assets so vested in the re[1]constituted company shall be deemed to have been sold to it, on the day of the incorporation of that company, for an amount equal to the residue of the qualifying expenditure thereon on the day following the day on which the trade or business previously carried on in Nigeria by the foreign company ceased;

[Second Schedule.]

(c) the re-constituted company shall not be entitled to any initial allowances as respects those assets and shall be deemed to have received all allowances given to the foreign company in respect of those assets under the Second Schedule to this Act and any allowances deemed to have been received by the foreign company under the provisions of this paragraph or subsection (9) of this section;

[Second Schedule.]

(d) subject to subsection (11) of this section, the amount of any loss incurred during any year of assessment by the foreign company in the said trade or business previously carried on by it in Nigeria, being a loss which has not been allowed against any assessable profits or income of that company for any such year, under the provisions of this Act or the corresponding provisions of the Companies Income Tax Act 1961 or the Income Tax Act, shall be deemed to be a loss incurred by the re-constituted company in its trade or business during the year of assessment in which its trade or business commenced; and the amount of that loss shall, in accordance with section 31 of this Act, be deducted from the assessable profits of the re-constituted company;

[No. 22 of 1961 and Cap. 85 1958 Edition.]

(e) no deduction shall be made under paragraph (d) of this subsection in respect of any loss to which that paragraph relates—

(i) except to the extent, (if any) to which it is proved by the re-constituted company to the satisfaction of the most senior officer in the Industrial Inspectorate Division of the Federal Ministry of Industry (hereinafter in this subsection referred to as “the director”) that the loss was not the result of any damage or destruction caused by any military or other operations connected with the civil war in which Nigeria was engaged and which ended on 15 January, 1970:

Provided that the President may by order direct that, to the extent specified in the order, a deduction under paragraph (d) of this subsection shall be made in respect of a loss which was the result of any damage or destruction caused by any military or other operations connected with the said civil war;

(ii) unless within three years after the incorporation of the re-constituted company a claim for the deduction is lodged by that company with the director and a copy of the claim is forwarded by that company to the Service; and

(f) any deduction to which paragraph (d) of this subsection applies, shall be made as far as possible from the amount, if any, of the assessable profits of the re-constituted company for the year of assessment in which its trade or business commenced and, so far as it cannot be so made, then from the amount of the assessable profits of the next year of assessment, and so on, but such deductions shall not be made against the profits of the company after the fourth year from the commencement of such business,

and in this subsection “foreign company” means a company incorporated outside Nigeria before 18 November, 1968, and having on that date an established place of business in Nigeria.

Service may call for returns and information relating to certain assets, etc.

(11) For the purposes of subsections (9) and (10) of this section, the Service may by notice require any person (including a company to which any assets have vested in pursuance of Chapter 3 of Part II of the Companies and Allied Matters Act) to prepare and deliver to the Service any returns specified in the notice or any such information as the Service may require about the assets; and it shall be the duty of that person to comply with the requirements of any such notice within the period specified in the notice, not being a period of less than twenty one days from the service thereof.

[Cap. C20.]

(12) No merger, take-over, transfer or restructuring of the trade or business carried on by a company shall take place without having obtained the Service’s direction under subsection (9) of this section and clearance with respect to any tax that may be due and payable under the Capital Gains Tax Act.

[Cap. Cl.]

Section 30. Service’s power to assess and charge on turn-over of trade or business

(1) Notwithstanding section 40 of this Act, where in respect of any trade or business carried on in Nigeria by any company (whether or not part of the operations of the business are carried on outside Nigeria) it appears to the Service that for any year of assessment, the trade or business produces either no assessable profits or assessable profits which in the opinion of the Service are less than might be expected to arise from that trade or business or, as the case may be, the true amount of the assessable profits of the company cannot be ascertained, the Service may, in respect of that trade or business, and notwithstanding any other provisions of this Act if the company is a—

(a) Nigerian company, assess and charge that company for that year of assessment on such fair and reasonable percentage of the turn-over of the trade or business as the Service may determine;

(b) if that company is a company other than a Nigerian company and—

(i) that company has a fixed base of business in Nigeria, assess and charge that company for that year of assessment on such fair and reasonable percentage of that part of the turnover attributable to the fixed base;

(ii) that company operates a trade or business through a person in Nigeria authorised to conduct on its behalf or on behalf of some other companies controlled by it or which have a controlling interest in it; or habitually maintains a stock of goods or merchandise in Nigeria

from which deliveries are regularly made by a person on behalf of the company, assess and charge to the extent that the profit is attributable to the

business or trade carried on through that person;

(iii) that company executes one single contract involving surveys, deliveries, installations or construction, assess and charge the company for that year of assessment on such a fair and reasonable percentage of the turnover of the contract; and

(iv) the trade or business is between the company and another person controlled by it or which has a controlling interest in it and conditions are made or imposed between the company and such person in their commercial or financial relations which in the opinion of the Service is deemed to be artificial or fictitious, assess and charge on a fair and reasonable percentage of that part of the turnover as may be determined by the Service.

[No. 3 of 1993.]

(2) The provisions of this Act as to notice of assessment, additional assessment, appeal and other proceedings, shall apply to an assessment or additional assessment made under this section as they apply to an assessment or additional assessment made under any other section of this Act.

PART V – ASCERTAINMENT OF TOTAL PROFITS 

Section 31. Total profits from all sources. 

(1)  The total profits of any company for any year of assessment shall be the amount of its total assessable profits from all sources for that year together with any additions thereto to be made in accordance with the provisions of the Second Schedule to this Act, less any deductions to be made or allowed in accordance with the provisions of this section, section 32 and of the said Schedule 

[Second Schedule.]

(2) Subject to the provisions of subsection (4) of this section, there shall be deducted—

(a) the amount of a loss which the Service is satisfied has been incurred by the company in any trade or business during any preceding year of assessment:

Provided that—

(i) in no circumstances shall the aggregate deduction from assessable profits or income in respect of any such loss exceed the amount of such loss; and

(ii) a deduction under this section for any particular year of assessment shall not exceed the amount, if any, of the assessable profits, included in the total profits for that year of assessment, from the trade or business in which the loss was incurred and shall be made as far as possible from the amount of such assessable profits of the first year of assessment after that in which the loss was incurred and, so far as it cannot be so made, then from such amount of such assessable profits of the next year of assessment, and so on;

[Amended by Finance Act 2019, s.13]

(iii) (deleted by No. 11 of 2007, s. 8);

(b) the amount of any loss which, under section 29 (10) (d) is deemed to be a loss incurred by the company during the year of assessment in which its trade or business commenced, so however that any deduction in respect of that loss shall be made as provided under paragraph (f) of that subsection.

(EDITORIAL NOTE: Please note that although section 8 of Act No. 11 of 2007 instructs section 27 to be amended, it is suggested that it is intended to amend section 31.)

(3) The amount of any loss incurred by a company engaged in an agricultural trade or business for the year of assessment in which it commenced to carry on such trade or business, shall be deducted as far as possible from the assessable profits of the first year of assessment after that in which the loss was incurred and so far as it cannot be so made, then from such amount of such assessable profits of the next year of assessment, and so on (without limit as to time) until the loss has been completely set-off against the company’s subsequent assessable profits.

[Second Schedule.]

(4) For the purposes of subsection (2) of this section, the loss incurred during any year of assessment shall be computed, where the Service so decides, by reference to the year ending on a day in such year of assessment which would have been adopted under section 29 (2) of this Act for the computation of assessable profits for the following year of assessment if such profits had arisen.

(5) Where under the provisions of section 29 (6) of this Act for the purpose of computing the profits of a period from a source chargeable with tax under this Act, being a period the profits of which are assessable profits from that source for any year, it has been necessary to allocate or apportion to specific periods which fall within that whole period both profits and losses, then no deduction shall be made under the provisions of subsection (2) of this section in respect of the loss or apportioned part thereof referable to any such specific period, except to the extent that such loss or part thereof exceeds the aggregate profits apportioned to the remaining specific period or periods within that whole period.

Section 32. Reconstruction investment allowance

(1) Where a company has incurred an expenditure on plant and equipment, there shall be allowed to that company an investment allowance as provided in subsection (2) of this section and shall be in addition to an initial allowance under the Second Schedule of this Act.

[No. 3 of 1993 and Second Schedule.]

(2) The rate at which investment allowance is to be allowed for the purpose of subsection (1) of this section shall be ten per cent of the actual expenditure incurred on such plant and equipment.

[No. 3 of 1993.]

(3) Any provisions of the Second Schedule applicable to an initial allowance shall also apply to an investment allowance under this section, except that an investment allowance shall not be taken into account in ascertaining the residue of qualifying expenditure in respect of an asset, for the purpose of the said Schedule.

(4) If in the case of any qualifying expenditure incurred on the new asset, any such event as is mentioned in the next following subsection occurs within a period of five years beginning with the date on which the expenditure was incurred, no investment allowance shall be made in respect of the expenditure, or if such allowance has been made before the occurrence of the event, it shall be withdrawn.

(5) The events referred to in subsection (4) of this section are—

(a) any sale or transfer of the asset representing the expenditure made by the company incurring the expenditure otherwise than to a person acquiring the asset for a chargeable purpose or for scrap;

(b) any appropriation of the asset representing the expenditure made by the company incurring the expenditure to a purpose other than a chargeable purpose;

(c) any sale, or transfer or other dealing with the asset representing the expenditure by the company incurring the expenditure, being a case where it appears that the expenditure was incurred in contemplation of the asset being so dealt with, and being a case where it is shown either—

(i) that the purpose of obtaining tax allowances was the sole or main purpose of the company for incurring the expenditure or for so dealing with the asset; or

(ii) that the incurring of the expenditure and the asset being so dealt with were not bona fide business transactions or were artificial or fictitious transactions, and were designed for the purpose of obtaining tax allowances.

(6) A company incurring any expenditure in respect of which an investment allowance has been made and has not been withdrawn, shall give notice to the Service if, to the knowledge of the company, any of the events as is mentioned in subsection (5) of this section occurs at any time before the expiration of five years beginning with the date when the expenditure was incurred.

(7) Any notice of a sale or transfer given under subsection (6) of this section shall state the name and address of the person to whom the sale or transfer is made.

(8) Where an asset in respect of which an investment allowance has been made is sold or transferred, it shall be the duty of the purchaser or transferee, and of the personal representatives of any such person, on being required to do so by any officer duly authorised by the Service to give that officer all such information as he may require, and as they have or can reasonably obtain, about any sale or transfer of the asset representing the expenditure or about any other dealing with the asset.

(9) Any person who, without reasonable excuse, fails to comply with this section, shall be guilty of an offence and liable on conviction to a penalty not exceeding N100 plus the amount of tax lost by the granting of the investment allowance made in respect of the expenditure in question.

(10) All such additional assessments and adjustments of assessments shall be made as may be necessary in consequence of the withdrawal of any investment allowance, and may be so made at any time.

(11) For the purposes of this section—

“artificial or fictitious transactions” has the same meaning as in section 22 of this Act;

“chargeable purpose” means the purpose of putting the assets to a use such that profits accrue or are intended to accrue therefrom and will be chargeable tax;

“initial allowance” has the same meaning as in the Second Schedule to this Act;

[Second Schedule.]

“qualifying expenditure” has the same meaning as in the Second Schedule to this Act.

[Second Schedule.]

Section 33. Payment of minimum tax

(1) Notwithstanding any other provisions in this Act where in any year of assessment the ascertainment of total assessable profits from all sources of a company results in a loss, or where a company’s ascertained total profits results in no tax payable or tax payable which is less than the minimum tax, there shall be levied and paid by the company the minimum tax as prescribed by subsection (2) of this section.

[No. 21 of 1991.]

(2) For the purpose of subsection (1), the minimum tax to be levied and paid shall be 0.5% of gross turnover of the company less franked investment income:

Provided, that the applicable minimum tax is reduced to 0.25% for tax returns prepared and filed for any year of assessment falling due on any date between 1 January 2020 and 31 December 2021, both days inclusive.

[No. 21 of 1991.]  [Substituted by Finance Act 2020, s.13]

(3) The provisions of this section shall not apply to—

(a) a company carrying on agricultural trade or business as defined in subsection (9) of section 11, of this Act;

(b) a company that earns gross turnover of less than N25,000,000 in the relevant year of assessment.

[Substituted by Finance Act 2019, s. 14(b)]

(c) any company for the first four calendar years of its commencement of business.

[No. 21 of 1991.]

(4)(a) Nothing in this section shall exempt any company from payment of any levy or tax imposed on the total profits of the company under section 40 of this Act so however that the tax payable under subsection (1) of this section, shall be the amount by which the amount computed under subsection (2) thereof exceeds the amount that is levied and payable under section 40 of this Act.

(b) For the purposes of this section and the Second Schedule to this Act, the capital allowance for any assessment year in which a minimum tax is payable, shall be computed and the amount so computed, together with any unabsorbed allowances brought forward from previous years, shall be deducted as far as possible from the assessable profits of the assessment year and, so far as it cannot be completely deducted, the amount by which the total amount of the capital allowance exceeds the amount of the assessable profit of the assessment year, shall be carried forward to the next assessment year.

[Second Schedule and No. 3 of 1993.]

Section 34. Rural investment allowance

(1) Where a company incurs capital expenditure on the provisions of facilities such as electricity, water or tarred road for the purpose of a trade or business which is located at least 20 kilometres away from such facilities provided by the government, there shall be allowed to the company in addition to an initial allowance under the Second Schedule to this Act an allowance (in this Act called “rural investment allowance”) at the appropriate per cent certain as set out in subsection (2) of this section of the amount of such expenditure:

[No. 11 of 2007, s. 9 (a) and Second Schedule.]

Provided that where any allowance has been given in pursuance of this section, no investment allowance under section 32 of this Act shall be due or be given in respect of the same asset or in addition to the allowance given under this section.

[No. 3 of 1993.]

(2) The rate of the rural investment allowance for the purpose of this section shall be as follows—

(a) no facilities at all………………………………………. 100%

(b) no electricity…………………………………………… 50%

(c) no water………………………………………………… 30%

(d) no tarred road …………………………………………… 15%

[No. 3 of 1993 and No. 11 of 2007, s. 9 (b).]

(3) For the purpose of this section the rural investment allowance shall be made against the profits of the year in which the date of completion of the investment falls and the allowance or any fraction thereof, shall not be available for carry forward to any subsequent year whenever full effect cannot be given to the allowance owing to there being no assessable profits or assessable profits less than the total allowance for the year the investment was made.

[No. 3 of 1993.]

(EDITORIAL NOTE: Please note that although section 9 of Act No. 11 of 2007 instructs section 28B to be amended, it is suggested that it is intended to amend section 34.)

 

Section 35. Export processing zone allowance

(1) A company which has incurred expenditure in its qualifying building and plant equipment in an approved manufacturing activity in an export processing zone shall be granted one hundred per cent capital allowance in any year of assessment.

[No. 31 of 1996.]

(2) A company granted capital allowance under subsection (1) of this section shall not be entitled to an investment allowance under this Act.

[No. 31 of 1996.]

(3) The profit or gains of one hundred per cent export oriented undertaking established within and outside an export free zone shall be exempt from tax for the first three consecutive assessment years provided that—

(i) the undertaking is hundred per cent export oriented;

(ii) the undertaking is not formed by splitting or breaking up or reconstructing a business already in existence;

(iii) it manufactures, produces and exports articles during the relevant year and the export proceeds form seventy five per cent of its turnover;

(iv) the undertaking is not formed by transfer of machinery or plants previously used for any purpose to the new undertaking or where machinery or plant previously used for any purpose is transferred does not exceed twenty five per cent of the total value of the machinery or the undertaking;

(v) the undertaking repatriates at least seventy five per cent of the export earnings to Nigeria and places it in a domiciliary account in any registered and licensed bank in Nigeria.

[No. 32 of 1996.]

(4) For the purpose of subsection (3) of this section only the tax written down value of the assets shall be carried forward at the end of the tax holidays.

[No. 32 of 1996.]

(5) In this section, “export processing zone” and “approved activity” have the meanings assigned to them in the Nigerian Export Processing Zone Act.

[No. 31 of 1996 and Cap. N107.]

Section 36. Mining of solid minerals

A new company going into the mining of solid minerals shall be exempt from tax for the first three years of its operation.

[No. 32 of 1996.]

Section 37. Incomes in convertible currencies to be exempt

Twenty five per cent of incomes in convertible currencies derived from tourists by a hotel shall be exempt from tax, provided that such income is put in a reserved fund to be utilised within five years for the building expansion of new hotels, conference centres and new facilities for the purpose of tourism development.

[No. 32 of 1996.]

Section 38.

(Deleted by No. 11 of 2007, 5. 10.)

(EDITORIAL NOTE: Please note that although section 10 of Act No. 11 of 2007 instructs section 28F to be deleted, it is suggested that it is intended to delete section 38.)

 

Section 39. Gas utilisation (downstream operations)

(1) Where a company is engaged in a trade or business of gas utilisation in downstream operations, the company shall, in respect of that trade or business, be granted the following incentives:

[Substituted by Finance Act 2020, s.14(a)]

(a) an initial tax-free period of three years which may, subject to the satisfactory performance of the business, be renewed for an additional period of two years;

[No. 18 of 1998.]

(b) as an alternative to the initial tax free period granted under paragraph (a) of this subsection, an additional investment allowance of thirty-five per cent which shall not reduce the value of the asset, so however that a company which claims the incentive provided under this paragraph shall not also claim the incentive provided under paragraph (c) (ii) of this subsection;

[No. 30 of 1999.]

(c) accelerated capital allowances after the tax-free period, as follows, that is—

(i) an annual allowance of ninety per cent with ten per cent retention, for investment in plant and machinery;

(ii) an additional investment allowance of fifteen per cent which shall not reduce the value of the asset;

[No. 18 of 1998.]

(d) tax free dividends during the tax free period, where—

(i) the investment for the business was in foreign currency; or

[No. 18 of 1998.]

(ii) the introduction of imported plant and machinery during the period was not less than thirty per cent of the equity share capital of the company;

[No. 30 of 1999.]

(e) [Deleted by Finance Act 2019, s. 15(a)]

[No. 19 of 1998.]

(2) The tax-free period of a trade or business shall start on the day the trade or business commences production as certified by the Ministry of Petroleum Resources.

[No. 18 of 1998.] [Substituted by Finance Act 2020, s. 14(b)]

(3) This section does not apply with respect to any company that has claimed an incentive for trade or business of gas utilization under any law in Nigeria, including the Petroleum Profits Tax Act or the incentives under the Industrial Development (Income tax Relief) Act in respect of the same qualifying capital expenditure.

[No. 19 of 1998.] [Substituted by Finance Act 2020, s. 14(b)]

PART VII – RATES OF TAX, DEDUCTION OF TAX FROM DIVIDEND AND RELIEF FOR DOUBLE TAXATION 

Section 40. Rates of tax

There shall be levied and paid for each year of assessment in respect of total profits of every Company, tax as follows, in the case of a-

(a) Small company, tax as provided under section 23 (1) (o) of this Act;

(b) Medium-sized company, tax at the rate of 20 kobo for every Naira; and

(c) Large company, tax at the rate of 30 kobo for every Naira.

[No. 21 of 1991.], No. 3 of 1993, No. 31 of 1996 and No. 32 of 1996] [ No. 11 of 2007, s. 11 (a)(b), (c).] [Substituted by Finance Act 2019,s. 16]

Section 41.

[Deleted by Finance Act 2019, s.17]

[No. 32 of 1996.]

Section 42.

(Deleted by No. 11 of 2007, s. 12.)

(EDITORIAL NOTE: Please note that although section 12 of Act No. 11 of 2007 instructs section 30 to be deleted, it is suggested that it is intended to delete section 42.)

Section 43.

[Deleted by Finance Act 2019, s.17]

Section 44. Relief in respect of Commonwealth income tax

(1) If any Nigerian company which has paid, by deduction or otherwise, or is liable to pay, tax under this Act for any year of assessment on any part of its profits, proves to the satisfaction of the Service that it has paid, by deduction or otherwise, or is liable to pay, Commonwealth income tax for that year in respect of the same part of its profits, it shall be entitled to relief from tax paid or payable by it under this Act on that part of its profits at a rate thereon to be determined as follows—

(a) if the Commonwealth rate does not exceed one half of the rate of tax under this Act, the rate at which relief is to be given shall be the Commonwealth rate of tax;

(b) in any other case the rate at which relief is to be given shall be half the rate of tax under this Act.

(2) If any company, other than a Nigerian company which has paid, by deduction or otherwise, or is liable to pay, tax under this Act for any year of assessment on any part of its profits, proves to the satisfaction of the Service that it has paid, by deduction or otherwise, or is liable to pay, Commonwealth income tax for that year of assessment in respect of the same part of its profits, it shall be entitled to relief from tax paid or payable by it under this Act on that part of its profits at a rate thereon to be determined as follows—

(a) if the Commonwealth rate of tax does not exceed the rate of tax under this Act, the rate at which relief is to be given shall be one half of the Commonwealth rate of tax;

(b) if the Commonwealth rate of tax exceeds the rate of tax under this Act, the rate at which relief is to be given shall be equal to the amount by which the rate of tax under this Act exceeds one half of the Commonwealth rate of tax.

(3) For the purposes of this section—

“Commonwealth income tax” means any tax on income or profits of companies charged under a law in force in any country within the Commonwealth or in the Republic of Ireland which provides for relief from tax charged both in that country and Nigeria in a manner corresponding to the relief granted by this section;

“rate of tax” under this Act of a company for any year of assessment means the rate determined by dividing the amount of tax imposed for that year (before the deduction of any double taxation relief granted by this Part) by the amount of the total profits of the company for that year, and the Commonwealth rate of tax shall be determined in a similar manner.

(4) Any claim for relief from tax for any year of assessment under this section shall be made not later than six years after the end of that year, and if the claim is admitted, the amount of the tax to be relieved shall be re-paid out of the tax paid for that year of assessment or set-off against the tax which the company is liable to pay for that year of assessment:

Provided that if the company fails to satisfy the Service as to the amount of the tax to be relieved, the Service shall give notice of refusal to admit the claim and the provisions of Part XI shall apply accordingly with any necessary modifications as though such notice were an assessment.

Section 45. Double taxation arrangements

(1) If the Minister by order declares that arrangements specified in the order have been made with the Government of any country outside Nigeria with a view to affording relief from double taxation in relation to tax imposed on profits charged by this Act and any tax of a similar character imposed by the laws of that country, and that it is expedient that those arrangements should have effect, the arrangements shall have effect notwithstanding anything in this Act.

(2) On the making of an order under this section with respect to arrangements made with the government of any Commonwealth country or the Republic of Ireland, section 44 of this Act shall cease to have effect as respects that country and shall be deemed to have ceased to have had effect as from the beginning of the first year of assessment for which the arrangements are expressed to apply except in so far as the arrangements otherwise provide.

(3) Where any arrangements have effect by virtue of this section, any obligation as to secrecy in this Act shall not prevent the disclosure to any authorised officer of the government with which the arrangements are made of such information as is required to be disclosed under the arrangements.

(4) The Minister may make rules for carrying out the provisions of any arrangements having effect under this section.

(5) An order made under the provisions of subsection (1) of this section may include provisions for relief from tax for periods commencing or terminating before the making of the order and provisions as to profits which are not themselves liable to double taxation.

Section 46. Method of calculating relief to be allowed for double taxation

(1) The provisions of this section shall have effect where, under arrangements having effect under section 45 of this Act, foreign tax payable in respect of any profits in the country with the government of which the arrangements are made is to be allowed as a credit against tax payable in respect of those profits under this Act, and in this section, “foreign tax” means any tax payable in that country which under the arrangements is to be so allowed.

(2) The amount of the tax chargeable in respect of the profits which are liable to both tax and foreign tax shall be reduced by the amount of the credit admissible under the terms of the arrangement:

Provided that no credit shall be allowed to a company for a year of assessment unless during some part of that year it was a Nigerian company.

(3) The credit shall not exceed the amount which would be produced by computing, in accordance with the provisions of this Act, the amount of the profits which are liable to both tax and foreign tax, and then charging that amount to tax at a rate ascertained by dividing the tax chargeable (before the deduction of any double taxation relief granted by this Part of this Act) on the total profits of the company entitled to the profits by the amount of the total profits.

(4) Without prejudice to the provisions of subsection (3) of this section, the total credit to be allowed to a company for a year of assessment for foreign tax under all arrangements having effect under section 45 of this Act shall not exceed the total tax payable by it for that year of assessment.

(5) In computing the amount of the profits—

(a) no deduction shall be allowed in respect of foreign tax (whether in respect of the same or any other profits);

(b) where tax chargeable depends on the amount received in Nigeria, the said amount shall be increased by the appropriate amount of the foreign tax in respect of the profits; and

(c) where the profits include a dividend and under the arrangements foreign tax not chargeable directly or by deduction in respect of the dividend is to be taken into account in considering whether any, and if so what, credit is to be given against tax in respect of the dividend, the amount of the profits shall be increased by the amount of the foreign tax not so chargeable which falls to be taken into account in computing the amount of the credit, but notwithstanding anything in the preceding provisions of this subsection a deduction shall be allowed of any amount by which the foreign tax in respect of the profits exceeds the credit thereof.

(6) Section (5) (a) and (b), but not the remainder thereof shall, apply to the computation of total profits for the purpose of determining the rate mentioned in subsection (3) of this section, and shall apply thereto in relation to all profits in respect of which credit falls to be given for foreign tax under arrangements for the time being in force under section 45 of this Act.

(7) Where—

(a) the arrangements provide, in relation to dividends of some classes but not in relation to dividends of other classes, that foreign tax not chargeable directly or by deduction in respect of dividends is to be taken into account in considering whether any, and if so what, credit is to be given against tax in respect of the dividends; and

(b) a dividend is paid which is not of a class in relation to which the arrangements so provide, then, if the dividend is paid to a company which controls, directly or indirectly, not less than one half of the voting power in the company paying the dividend, credit shall be allowed as if the dividend were a dividend of a class in relation to which the arrangements so provide.

(8) Credit shall not be allowed under the arrangements against tax chargeable in respect of the profits of a company for any year of assessment if the company elects that credit shall not be allowed in the case of those profits for that year.

(9) Any claim for an allowance by way of credit shall be made not later than two years after the end of assessment, and in the event of any dispute as to the amount allowable the claim shall be subject to objection and appeal in like manner as an assessment.

(10) Where the amount of any credit given under the arrangements is rendered excessive or insufficient by reason of any adjustment of the amount of any tax payable in Nigeria or elsewhere, nothing in this Act limiting the time for the making of assessments or claims for relief shall apply to any assessment or claim to which the adjustment gives rise, being an assessment or claim made not later than two years from the time when all such assessments, adjustments and other determinations have been made, whether in Nigeria or elsewhere, as are material in determining whether any, and if so what, credit falls to be given.

PART VIII– PERSONS CHARGEABLE, AGENTS, LIQUIDATORS, ETC.

 

Section 47. Chargeability to tax

A company shall be chargeable to tax—

(a) in its own name;

(b) in the name of any principal officer, attorney, factor, agent or representative of the company in Nigeria in like manner and to like amount as such company would be chargeable; or

(c) in the name of a receiver or liquidator, or of any attorney, agent or representative thereof in Nigeria, in like manner and to like amount as such company would have been chargeable if no receiver or liquidator had been appointed.

Section 48. Manager, etc., to be answerable

The principal officer or manager in Nigeria of every company shall be answerable for doing all such acts, matters and things as are required to be done by virtue of this Act for the assessment of the company and payment of the tax.

Section 49. Power to appoint agent

(1) The Service may by notice in writing appoint any person to be the agent of any company and the person so declared the agent shall be agent of such company for the purposes of this Act, and may be required to pay any tax which is or will be payable by the company from any monies which may be held by him for, or due by or to become due by him to, the company whose agent he has been declared to be, and in default of such payment the tax shall be recoverable from him.

(2) For the purposes of this section, the Service may require any person to give information as to any monies, funds or other assets which may be held by him for, or of any monies due by him to, any company.

(3) The provisions of this Act with respect to objections and appeals shall apply to any notice given under this section as though such notice were an assessment.

Section 50. Indemnification of manager, etc., or agent

Every person answerable under this Act for the payment of tax on behalf of a company may retain out of any money coming into his hands on behalf of such company so much thereof as shall be sufficient to pay such tax, and shall be and is hereby indemnified against any person whatsoever for all payments made by him in pursuance and by virtue of this Act.

Section 51. Company wound up

Where a company is being wound up, the liquidator of the company shall not distribute any of the assets of the company to the shareholders thereof unless he has made provision for the payment in full of any tax which may be found payable by the company, including any tax deductions made by the company under any laws in force in any part of Nigeria relating to the tax of individuals.

Section 52. Liability to file return

(1) Whether or not a company is liable to pay tax under this Act for a year of assessment and whether or not a return has been filed under section 55 of this Act, a company shall, upon a notice from the Service, file with the Service in the prescribed form, within such reasonable time as may be stipulated in such notice, a return of income for the year of assessment designated therein together with the audited accounts and information stipulated in section 55 (1) (a) and (b) of this Act.

[No. 63 of 1991.]

(2) Every company whose turnover is one million naira and above shall file self-assessment return within six months of its accounting period provided that a company whose turnover is below one million naira shall file a self-assessment return as from 1998 year of assessment.

[No. 32 of 1996.]

Section 53. Self–assessment of tax payable

(1) Every company filing a return under section 52, 55 or 58 of this Act shall:

(a) in the return, compute the tax payable by the company for the year of assessment; and

(b) forward with the tax return, evidence of payment of the tax due.

(2) Where, by a deliberate and dishonest act, the returns filed fail to declare the true and correct amount of profits or tax payable by the company, the company is immediately liable to pay any outstanding tax so identified and assessed.

(3) The outstanding tax shall be subject to penalty and interest, in accordance with the provisions of this Act or any other relevant law, and the penalty and interest shall accrue from the date the incorrect return was filed.

[No. 30 of 1996 and No. 32 of 1996.] [Substituted by Finance Act 2020, s.15)

Section 54. Currency of assessment

Notwithstanding anything to the contrary in any law, an income tax assessment under section 52, 53 or 55 of this Act shall be made in the currency in which the transaction giving rise to the assessment was effected.

[No. 30 of 1996.]

PART IX – RETURNS 

Section 55. Returns and provisional accounts. 

(1) Every company including a company granted exemption from incorporation shall, whether or not a company is liable to pay tax under this Act for a year of assessment, with or without notice from the Service, file a self-assessment return with the Service in the prescribed form at least once a year and such return shall contain—

(a) the audited accounts, tax and capital allowances computation for the year of assessment and a true and correct statement in writing containing the amount of profit from each and every source computed;

(b) a duly completed self-assessment form as may be prescribed by the Service, from time to time, attested to by a director or secretary of the company and such attestation shall contain a declaration that it contains a true and correct statement of the amount of its profits computed in respect of all sources in accordance with this Act and any rule made and that the particulars given in such return are true and complete; and

(c) evidence of payment of the whole or part of the tax due into a bank designated for the collection of the tax.

(2) Where any company other than a Nigerian company derives profit from or is taxable in Nigeria under section 13 (2) of this Act, such company shall be required to submit a return for the relevant year of assessment containing:

(a) The company’s full audited financial statements and the financial statement of the Nigerian operations, attested by an independent qualified or certified accountant in Nigeria;

(b) Tax computation schedules based on the profits attributable to its Nigerian operations;

(c) A true and correct statement, in writing, containing the amount of profits from each and every source in Nigeria; and

(d) Duly completed Companies Income Tax Self-Assessment Forms:

Provided that in a year of assessment where a company other than a Nigerian company only earns income on which withholding tax is the final tax under this Act, The obligation to file a tax return in the manner prescribed shall not apply to such company in that year of assessment.

[Inserted and renumbered by Finance Act, 2020, s.16(a) & (c)]

(3) Subject to this Act or any regulation made, the time of filing returns shall be—

(a) in the case of a company that has been in business for more than eighteen months, not more than six months after the end of its accounting year; and

(b) in the case of a newly incorporated company within eighteen months from the date of its incorporation or not later than six months after the end of its first accounting period, whichever is earlier; in addition, the form of returns shall be signed by a director who must be the chairman or the managing director of the company and the secretary respectively.

[Renumbered by Finance Act, 2020 s. 16(c)]

(4) Any company which fails to comply with the provisions of subsection (2) shall be liable to pay as penalty for late filing—

(a) N25,000 in the first month in which the failure occurs; and

(b) N5,000 for each subsequent month in which the failure continues.

[Renumbered by Finance Act, 2020 s. 16(c)]

(5) Notwithstanding anything to the contrary in any law, an income tax assessment shall be made in the currency in which the transaction took place.

[Renumbered by Finance Act, 2020 s. 16(c)]

(6) Where an offence under this section by a company is proved to have been committed with the consent or connivance of, or to any neglect on the part of any director, manager, secretary or other similar officer, servant or agent of the company (or the person purporting to act in any such capacity) he as well as the company shall be deemed to have committed the offence and shall on conviction be liable to a fine not exceeding N100,000 or imprisonment for a term not exceeding two years or to both such fine and imprisonment.

[Renumbered by Finance Act, 2020 s. 16(c)]

(7) For the purposes of this section—

(a) every company shall designate a representative who shall answer every query relating to the tax matters of the company; and

(b) a person designated by a company pursuant to paragraph (a) of this subsection shall be a person knowledgeable in the field of taxation as may be approved, from time to time, by the Service.

[No. 11 of 2007, s. 13.] [Renumbered by Finance Act, 2020 s. 16(c)]

(8) Notwithstanding anything contained in this section, the Service may by notice specify the form of the accounts to be included in a tax return, instead of audited accounts specified in subsection (1) (a), in respect of small and medium companies as defined under this Act.

[Renumbered by Finance Act, 2020 s. 16(c)]

(EDITORIAL NOTE: Please note that although section 13 of Act No. 11 of 2007 instructs section 41 to be amended, it is suggested that it is intended to amend section 55.)

(Section 55 subsection (2) above was inserted as subsection 1A by Finance Act, 2020 s.16(a) and was subsequently renumbered as subsection 2 by subsection 16(c)).

Section 56.

(Deleted by No. 11 of 2007, s. 14.)

(EDITORIAL NOTE: Please note that although section 14 of Act No. 11 of 2007 instructs section 41A to be deleted, it is suggested that it is intended to delete section 56.)

Section 57. Filing of returns by companies operating in the capital market

(1) Every company operating in a Nigerian stock exchange as a capital market operator shall, not later than seven days after the end of each calendar month, file with the Service or any other relevant tax authority, a return in the prescribed form of its transactions during the preceding calendar month.

[No. 30 of 1999, No. 11 of 2007, s. 15.]

(2) A company filing a return shall, where its transactions involve—

(a) an offer in the primary market, state in the return—

(i) the type of offer;

(ii) the services rendered;

(iii) the amount of tax deducted at source; and

(iv) the amount of value added tax payable;

(b) operations in the secondary market, state in the return—

(i) the number and value of transactions carried out during the relevant calendar month;

(ii) the commission received or paid;

(iii) the amount of tax deducted at source; and

(iv) the amount of value added tax payable.

[No. 30 of 1999.]

(EDITORIAL NOTE: Please note that although section 15 of Act No. 11 of 2007 instructs section 41B to be amended, it is suggested that it is intended to amend section 57.)

Section 58. Service may call for further returns

The Service may give notice in writing to any company when and as often as it thinks necessary requiring it to deliver within a reasonable time specified by such notice fuller or further returns respecting any matter as to which a return is required or prescribed by this Act.

[No. 11 of 2007, s. 16.]

(EDITORIAL NOTE: Please note that although section 16 of Act No. 11 of 2007 instructs section 42 to be amended, it is suggested that it is intended to amend section 58.)

Section 59. Extension of period of making returns

(1) A company may apply in writing to the Service for an extension of the time within which to comply with the provisions of sections 52, 55 (3) and 60 of this Act, provided the company—

(a) makes the application before the expiration of the time stipulated in those sections for making the returns; and

(b) shows good cause for its inability to comply with those provisions.

[No. 30 of 1996.]

(2) If the Service is satisfied with the cause shown in an application under subsection (1) of this section, it may in writing grant the extension of time for making the application to such time as it may consider appropriate.

[No. 30 of 1996.]

Section 60. Call for returns, books, documents and information

(1) For the purpose of obtaining full information in respect of the profits within the time specified by the notice to any person the Service shall give notice to that person requiring him to—

(a) complete and deliver to the Service any return specified in such notice;

(b) appear personally before an officer of the Service for examination with respect to any matter relating to such profits;

(c) produce or cause to be produced for examination books, documents and any other information at the place and time stated in the notice, which time may be from day-to-day, for such period as the Service may deem necessary; or

(d) give orally or in writing any other information including a name and address specified in such notice.

(2) For the purposes of subsection (1) (a) to (d) of this section, the time specified by such notice shall not be less than seven days from the date of service of such notice, except that an officer of the Service not below the rank of a chief inspector of taxes or its equivalent may act in any of the cases stipulated in subsection (1) (a) to (d) of this section, without giving any of the required notices set out in this section.

(3) A person who contravenes the provisions of this section commits an offence and shall, in respect of each offence, be liable on conviction to a fine equivalent to the amount of the tax liability in addition to paying the tax due.

(4) Nothing in this section or in any other provision of this Act shall be construed as precluding the Service from verifying by tax audit or investigation into any matter relating to any return or entry in any book, document, accounts, including those stored in a computer, digital, magnetic, optical or electronic media as may, from time to time, be specified in any guideline by the Service.

(5) Any person may apply in writing to the Service for an extension of time within which to comply with the provisions of this section and section 10 of this Act, in so far as the person—

(a) makes the application before the expiration of the time stipulated in this section for making the returns; and

(b) shows good cause for his inability to comply with this provision.

(6) If the Service is satisfied with the cause shown in the application of subsection (5) (b) of this section, it may in writing grant the extension of the time or limit the time as it may consider appropriate.

[No. 3 of 1993 and No. 11 of 2007, s. 17.]

(EDITORIAL NOTE: Please note that although section 17 of Act No. 11 of 2007 instructs sections 43 and 43A to be substituted, it is suggested that it is intended to substitute section 60.)

Section 61. Information to be delivered by bankers

(1) Without prejudice to section 60 of this Act, every person engaged in banking including any person charged with the administration of the Federal Savings Bank Act, shall prepare a return at the end of each month specifying the names and addresses of new customers of the bank and shall not later than the seventh day of the next following month deliver the return to a tax authority of the area where the bank operates, or where such customer is a company to the Federal Inland Revenue Service.

[Cap. F20.]

(2) Subject to the foregoing provisions of this section, for the purpose of obtaining information relative to taxation, the Service may give notice to any person including a person engaged in banking business in Nigeria and any person charged with the administration of the Federal Savings Bank Act to provide within the time stipulated in the notice, information including the name and address of any person specified in the notice:

[Cap. F20.]

Provided that a person engaged in banking business in Nigeria including any person charged with the administration of the Federal Savings Bank Act, shall not be required to disclose any further information under this section unless such disclosure is required by a notice signed by the chairman of the Service.

[Cap. F20.]

Section 62. Return deemed to be furnished by due authority

A return, statement or form purporting to be furnished under this Act by or on behalf of any person shall for all purposes be deemed to have been furnished by that person or by his authority, as the case may be, unless the contrary is proved, and any person signing any such return, statement or form shall be deemed to be cognisant of all matters therein.

Section 63. Books of account

(1) Every company, including a company granted exemption from incorporation, shall, whether or not the company is liable to pay tax under this Act, maintain books or records of accounts, containing sufficient information or data of all transactions.

(2) The books and records required to be maintained under subsection (I) shall be in the English language and shall, for the purposes of tax account, be consistent with the format that may be prescribed by the Service.

(3) Where a record of a company is maintained in a Language other than the English Language, the company shall, on demand by the Service, produce, at its own expense, a translation in English Language, which shall be certified by a sworn translator.

(4) Any company that on request by the Service, fails to provide any record or book prescribed under subsections (I) – (3) shall be liable to pay as penalty:

(a) N100, 000 in the first month in which the failure occurs; and

(b) N50, 000 for each subsequent month in which the failure continues.

(5) Where, in the opinion of the Service, a company fails or refuses to maintain books or Records of accounts that are consistent with the provisions of subsections (I), (2) and (3) or adequate for the purpose of tax, the Service may, by notice in writing, require it to maintain such records, books and accounts as the Service considers adequate, in such form and language as may be specified in the notice.

(6) Any direction of the Service made under subsection (5) shall be subject to objection and appeal in like manner as an assessment.

(7) Any book or record required to be kept under this section shall be kept for a period of at least six years after the year of assessment in which the income relates.

[Substituted by Finance Act 2020, S.17]

Section 64. Power to enter and search premises

(1) Where in respect of any trade or business carried on in Nigeria by any company (whether or not part of the operations is carried on outside Nigeria), the Service—

(a) is satisfied that there is reasonable ground for suspecting that an offence involving any form of total or partial non-disclosure of information or any irregularity or offence in connection with, or in relation to tax, has been committed; and

(b) is of the opinion that evidence of the offence or irregularity is to be found in the premises, registered office, any other office, or place of management of the company or in the residence of the principal officer, factor, agent or representative of the company, the Service may authorise an officer of the Service to enter if necessary, by force the premises, registered office, any other office or place of management or the residence of the principal officer, factor or agent or representative of the company, at any time from the date of such authorisation by the Service and conduct a search.

[No. 21 of 1991.]

(2) An authority to enter the premises, registered office, any other office or place of management or residence of the principal officer, agent or factor of a company, to conduct a search, shall be in the form contained in the Sixth Schedule to this Act, and such authority shall be sufficient warrant to search, seize and remove any records and documents found on such premises, office or, residence of the principal officer, agent or factor of the company, whether or not belonging to the company.

[Sixth Schedule and 1991 No. 21.]

(3) On entering the premises with a warrant under this section, the officer may seize and remove anything whatsoever found therein which he has reasonable cause to believe may be required for the purpose of arriving at a fair and correct tax chargeable on the company or as evidence for the purposes of proceedings in respect of such an offence as is mentioned in subsection (1) of this section.

[No. 21 of 1991.]

(4) For the purpose of this section, an officer authorised by the Service to execute any warrant of search under this section may call to his assistance a police officer and it shall be the duty of the police officer when so required to aid and assist in the execution of any warrant, to obtain documents for the purposes of the tax chargeable or to be charged on the company or of the proceedings in respect of the offence referred to in section (1) of this section.

[No. 21 of 1991.]

(5) Where an entry to a premises has been made with a warrant under this section and the officer making the entry has seized anything under the authority of the warrant, he shall immediately before the seizure if required by either—

(a) the principal officer of the company; or

(b) any other person who has had the possession or custody of those things, provide that principal officer or person with the list of items seized or surrendered.

[No. 21 of 1991.]

(6) It shall be the responsibility of any person on whom such warrant as mentioned in subsection (2) of this section is served to—

(a) co-operate fully with the person or persons authorised to conduct a search by allowing easy access to the premises to be searched and to the items or documents that may be required for the investigation;

(b) answer all questions and queries put to him in the cause of the search;

(c) put in accessible position and facilitate the removal of all items that may be required to assist the investigation.

[No. 21 of 1991.]

(7) Any principal officer, agent, factor or representative of the company on whom a warrant of search is served who refuses to co-operate with the person or persons authorised to search or does anything tantamount to failure to co-operate or engages in an act or acts resulting in abuse, physical assault or similar misbehaviour, shall be guilty of an offence and liable on conviction to a fine of N10,000 or to imprisonment of not less than six months or to both such fine and imprisonment.

[No. 21 of 1991.]

(8) Either prior to or during or after a warrant of search is being or has been served or executed on a principal officer, agent, factor or representative of the company, such principal officer, factor or agent may also be called upon to an interview before an officer of the Service to answer any query or question in connection with the activities of the company as would enable the Service to arrive at a fair and correct tax liability of the company.

[No. 21 of 1991.]

PART X – ASSESSMENTS 

Section 65. Service to make assessments.

(1) The Service shall proceed to assess every company chargeable with tax as soon as may be after the expiration of the time allowed to such company for the delivery of the audited accounts and return provided for in section 55 of this Act or otherwise as it appears to the Service practicable to do so.

(2) Where a company has delivered audited accounts and return, the Service may—

(a) accept the audited accounts and return and make an assessment accordingly; or

(b) refuse to accept the return and, to the best of its judgement, determine the amount of the total profits of the company and make an assessment accordingly.

(3) Where a company has not delivered a return and the Service is of the opinion that such company is liable to pay tax, the Service may, according to the best of its judgement, determine the amount of the total profits of such company and make an assessment accordingly, but such assessment shall not affect any liability otherwise incurred by such company by reason of its failure or neglect to deliver a return.

(4) Nothing in this section shall prevent the Service from making an assessment upon a company for any year before the expiration of the time within which such company is required to deliver a return or to give notice under the provisions of section 55 of this Act, if the Service or any officer of the Federal Inland Revenue Service duly authorised by the Service considers such assessment to be necessary for any reason of urgency.

(5) In this section, the reference to a return shall be construed as a reference to the accounts and return submitted pursuant to section 55 of this Act.

Section 66. Additional assessments

(1) If the Service discovers or is of the opinion at any time that any company liable to tax has not been assessed or has been assessed at a less amount than that which ought to have been charged, the Service may, within the year of assessment or within six years after the expiration thereof and as often as may be necessary, assess such company at such amount or additional amount, as ought to have been charged, and the provisions of this Act as to notice of assessment, appeal and other proceedings shall apply to such assessment or additional assessment and to the tax charged thereunder:

Provided that where any form of fraud, willful default or neglect has been committed by or on behalf of any company in connection with any tax imposed under this Act or under the Companies Income Tax Act, 1961 the Service may at any time and as often as may be necessary, assess such company at such amount or additional amount as may be necessary for the purpose of making good any loss of tax attributable to the fraud, wilful default or neglect.

[No. 22 of 1961.]

(2) For the purpose of computing under subsection (1) of this section the amount or the additional amount which ought to have been charged, all relevant facts consistent with the proviso to section 76 of this Act shall be taken into account even though not known when any previous assessment or additional assessment on the same company for the same year was being made or could have been made.

Section 67. Lists of companies assessed

(1) The Service shall, as soon as possible, prepare lists of companies assessed to tax.

(2) Such lists, herein called the assessment lists, shall contain the names and the addresses of the companies assessed to tax, the name and address of any person in whose name any such company is chargeable, the amount of the total profits of each company, the amount of tax payable by it, and such other particulars as may be determined by the Service.

(3) Where complete copies of all notices of assessment and all notices amending assessments are filed in the offices of the Service they shall constitute the assessment lists for the purposes of this Act.

Section 68. Service of notice of assessment

The Service shall cause to be served on or sent by registered post, courier service, email or any other electronic means, as directed by the Service in any notice issued pursuant to this Act or any other relevant law to each company, or person in whose name a company is chargeable, whose name appears on the assessment lists, a notice stating the amount of the total profits, the tax payable, the place at which such payment should be made, and setting out the rights of the company under the next following section.

[Amended by Finance Act 2020, s.18]

Section 69. Revision of assessment in case of objection

(1) If any company disputes the assessment it may apply to the Service, by notice of objection in writing, delivered in person, by courier service, email or any other electronic means, as directed by the Service in any notice issued pursuant to this Act or any other relevant law to review and to revise the assessment made upon it.

[No. 30 of 1996.] [Amended by Finance Act 2020, s.19]

(2) An application under subsection (1) of this section shall—

(a) be made within thirty days from the date of service of the notice of assessment; and

(b) contain the ground of objection to the assessment, that is—

(i) the amount of assessable and total profits of the company for the relevant year of assessment; and

(ii) the amount of tax payable for the year, which the company claims should be stated on the notice of assessment.

[No. 30 of 1996.]

(3) If the Service is satisfied that owing to absence from Nigeria, the person in whose name an as-assessment is made is unable to make an application within the thirty days specified in subsection (2) of this section, it shall extend the time for making the application to such time as may be reasonable in the circumstances.

[No. 30 of 1996.]

(4) On receipt of the notice of objection referred to in subsection (1) of this section, the Service may require the company giving the notice of objection to furnish such particulars as the Service may deem necessary and to produce all books or other documents relating to the profits of the company, and may summon any person who may be able to give evidence respecting the assessment to attend for examination by an officer of the Federal Inland Revenue Service on oath or otherwise.

(5) In the event of any company assessed, which has objected to an assessment made upon it, agreeing with the Service as to the amount at which it is liable to be assessed, the assessment shall be amended accordingly, and notice of the tax payable shall be served upon such company:

Provided that if an applicant for revision under the provisions of subsection (1) of this section fails to agree with the Service the amount at which the company is liable to be assessed, the Service shall give notice of refusal to amend the assessment as desired by such company and may revise the assessment to such amount as the Service may, according to the best of its judgement, determine and give notice of the revised assessment and of the tax payable together with notice of refusal to amend the revised assessment and, wherever requisite, any reference in this Act to an assessment or to an additional assessment shall be treated as a reference to an assessment or to an additional assessment as revised under the provisions of this proviso.

Section 70. Errors and defects in assessment and notice

(1) No assessment, warrant or other proceeding purporting to be made in accordance with the provisions of this Act shall be quashed or deemed to be void or voidable, for want of form, or be affected by reason of a mistake, defect or omission therein, if the same is in substance and effect in conformity with or according to the intent and meaning of this Act or any enactment amending the same, and if the company assessed or intended to be assessed or affected thereby is designated therein according to common intent and understanding.

(2) An assessment shall not be impeached or affected—

(a) by reason of a mistake therein as to—

(i) the name of a company liable or of a person in whose name a company is chargeable; or

(ii) the description of any profits; or

(iii) amount of tax charged;

(b) by reason of any variance between the assessment and the notice thereof:

Provided that in cases of assessment the notice thereof shall be duly served on the company intended to be charged or the person in whose name such company is chargeable and such notice shall contain, in substance and effect, the particulars on which the assessment is made.

PART XI- APPEALS

[EDITORIAL NOTE: In terms of section 18 (2) of Act No. 11 of 2007, appeals shall be as provided in the Federal Inland Revenue Service Act.]

 

Section 71 to 75 inclusive.

(Deleted by No. 11 of 2007, s. 18 (1).)

(EDITORIAL NOTE: Please note that although section 18 (1) of Act No. 11 of 2007 instructs sections 53, 54, 55, 56 and 57 of Part X to be deleted, it is suggested that it is intended to delete sections 71, 72, 73, 73 and 75 of Part XI.)

Section 76. Assessments to be final and conclusive

Where no valid objection or appeal has been lodged within the time limited by section 69, 72 or 75 of this Act as the case may be, against an assessment as regards the amount of the total profits assessed thereby, or where the amount of the total profits has been agreed to under section 69 (5) of this Act, or where the amount of such total profits has been determined on objection, revision under the proviso to section 69 (5) of this Act, or on appeal, the assessment as made, agreed to, revised or determined on appeal, as the case may be, shall be final and conclusive for all purposes of the Act as regards the amount of such total profits; and if the full amount of the tax in respect of any such final and conclusive assessment is not paid within the appropriate period or periods prescribed in this Act, the provisions thereof relating to the recovery of tax, and to any penalty under section 85 of this Act, shall apply to the collection and recovery thereof subject only to the set-off of the amount of any tax repayable under any claim, made under any provision of this Act, which has been agreed to by the Service or determined on any appeal against a refusal to admit any such claim:

Provided that—

(a) where an assessment has become final and conclusive, any tax overpaid shall be repaid;

(b) nothing in section 69 or in Part XI of this Act shall prevent the Service from making any assessment or additional assessment for any year which does not involve re-opening any issue, on the same facts, which has been determined for that year of assessment under section 69 (5) of this Act by agreement or otherwise on appeal.

PART XII– COLLECTION, RECOVERY AND REPAYMENT OF TAX

 

Section 77. Time within which tax (including provisional tax) is to be paid

(1) Tax charged by any assessment which is not or has not been the subject of an objection or appeal by the company shall be payable (after the deduction of any amount to be set-off for the purposes of collection under any provision of this Act) at the place stated in the notice of assessment within 30 days after service of such notice upon the company:

[No. 30 of 1996.] [Amended by Finance Act 2020, s. 20(a)]

Provided that—

(a) if such period of 30 days expires after 14 December within the year of assessment for which the tax has been charged and the aggregate tax to be set-off, and of any tax paid for that year within such period, then payment of any balance of such tax may be made not later than that day;

[No. 3 of 1993 and No. 30 of 1996.]

(b) where the assessment notice is served on the company within the approved period of payment of provisional tax, the tax shall be paid within 30 days after the end of the approved period, but if such period of two months expires after 14 December within the year of assessment for which the tax has been charged, then the payment of any balance of such tax may be made not later than that day;

[No. 3 of 1993 and No. 30 of 1996.] [Amended by Finance Act 2020, s. 20(a)]

(c) the Service in its discretion may extend the time within which payment is to be made.

(2) Subject to the provisions of section 74 (3) of this Act, collection of tax in any case where notice of an objection or appeal has been given by the company shall remain in abeyance until such objection or appeal is determined, save that the company shall have paid the provisional tax as provided in sub-section (1) of this section or the tax not in dispute, whichever is higher.

(3) Upon the determination of an objection or appeal, the Service shall serve upon the company a notice of the tax payable as so determined, and that tax shall be payable within one month of the date of service of such notice upon the company: Provided that if such period of one month expires after 14 December within the year of assessment for which the tax has been charged and the condition specified in subsection (2) (a) of this section are satisfied with respect to the amount of the tax charged as so determined, then any balance of the tax payable may be paid not later than that day.

[No. 3 of 1993 and No. 30 of 1996.]

(4) Every Company shall make payment of tax due on or before the due date of filing, in one lump sum or in installments: Provided that, where the taxpayer pays in installments—

(a) The taxpayer shall first write, with evidence of payment of the first installment, and obtain the approval of the Service to

pay in such number of installments as may be approved by the Service; and

(b) The final installments must be paid on or before the due date of filing.

[No. 3 of 1993 and No. 30 of 1996.] [Substituted by the Finance Act, 2019 s. 18(b)]

(5A) Where a company pays its tax 90 days before the due date as provided under Section 55 of this Act, such company shall be entitled to a bonus of—

(a) 2% if such company is a medium-sized company; and

(b) 1% for any other company;

On the amount of tax paid, which shall be available as a credit against of its future taxes.

(5B) Any balance of taxes unpaid as at the due date shall attract interest and penalties as provided in this Act or any other relevant law for failure to pay on the due date in accordance; and

[Inserted by Finance Act 2019, s. 18(c)]

(6) Notwithstanding anything to the contrary in any law, income tax payable under sections 52, 53 and 55 of this Act shall be paid to the Service in the currency in which the income giving rise to the tax was derived and paid to the company making the return.

[No. 30 of 1996.] [Renumbered by Finance Act 2020,s. 20(b)]

Section 78. Deduction of tax from interest, etc.

(1) Where any interest other than interest on inter-bank deposits or royalty becomes due from one company to another company or to any person to whom the provisions of the Personal Income Tax Act apply, the company making such payment shall, at the date when payment is made or credited, whichever first occurs, deduct therefrom tax at the rate prescribed in subsection (2) of this section and shall forthwith pay over to the Service the amount so deducted.

[Cap. P8.]

(2) The rate at which tax is to be deducted in this section shall be ten per cent.

[No. 30 of 1996.]

(3) For the purposes of this section, person authorised to deduct tax includes government departments, parastatals, statutory bodies, institutions and other establishments approved for the operation of Pay-As-You-Earn system.

(4) The tax, when paid over to the Service, shall be the final tax due from a non-resident recipient of the payment.

(5) In accounting for the tax so deducted to the Service, the company shall state in writing the following particulars, that is to say—

(a) the gross amount of the interest or royalty;

(b) the name and address of the recipient; and

(c) the amount of tax being accounted for.

(6) The provisions contained in subsection (I) – (5) shall not apply to a lender when making compensating payments, which qualify as interest under section 9(I) (c) of this Act, to an approved agent that is due to a borrower in a Regulated Securities Lending Transaction:

Provided that nothing in this subsection, shall be construed as exempting the approved agent from the provisions of subsection (I) -(5) when making the same payments to the borrower or as exempting the lender from deducting tax when making the payments directly to the borrower.

[Inserted by Finance Act, 2019 s.19]

Please note that Section 20(b) of Finance Act 2020 deleted Sections 6 and 7 of CITA cap C1 LFN 2004 and all the sub sections were renumbered by Section 20(b) of Finance Act, 2020, however, there was a repetition of paragraph (b) in the Finance Act 2020 which is perceived to be intended for paragraph (c)]

Section 79. Deduction of tax on rent

(1) Where any rent becomes due from or payable by one company to another company or to any person to whom the provisions of the Personal Income Tax Act apply, the company paying such rent shall, at the date when the rent is paid or credited, whichever first occurs, deduct therefrom tax at the rate prescribed under subsection (2) of this section and shall forthwith pay over to the Service the amount so deducted.

[Cap. P8.]

(2) The rate at which tax is to be deducted under this section shall be ten per cent.

[No. 30 of 1996.]

(3) For the purposes of this section, person authorised to deduct tax includes Government departments, parastatals, statutory bodies, institutions and other establishments approved for the operation of Pay-As-You-Earn system.

(4) The tax, when paid over to the Service, shall be the final tax due from a non-resident recipient of the payment.

(5) In accounting for the tax so deducted to the Service, the company shall state in writing the following particulars, that is to say—

(а) the gross amount of the rent payable per annum;

(b) the name and address of the recipient and the period in respect of which such rent has been paid or credited;

(c) the address and accurate description of the property concerned; and

(d) the amount of tax being accounted for.

(б) Any reference to rent in this section shall be construed whenever necessary as including payments for the use or hire of any equipment, payments for charter vessels, ship or aircraft and all such other payments for the use of or hire of movable and immovable property.

Section 80. Deduction of tax from dividend

(1) Where any dividend or such other distribution becomes due from or payable by a Nigerian company to any other company or to any person to whom the provisions of the Personal Income Tax Act apply, the company paying such dividend or making such distribution shall, at the date when the amount is paid or credited, whichever first occurs, deduct therefrom tax at the rate prescribed under subsection (2) of this section and shall forthwith pay over to the Service the amount so deducted.

[Cap. P8.]

(2) The rate at which tax is to be deducted under this section shall be ten per cent.

[No. 30 of 1996.]

(3) Dividend received after deduction of tax prescribed in this section shall be regarded as franked investment income of the company receiving the dividend and shall not be charged to further tax as part of the profits of the recipient company. However, where such income is re-distributed and tax is to be accounted for on the gross amount of the distribution in accordance with subsection (1) of this section, the company may set off the withholding tax which it has itself suffered on the same income.

(4) The tax, when paid over to the Service, shall be the final tax due from a non-resident recipient of the payment.

(5) The provisions contained in subsection (I)-(5) of this section shall not apply to-

(a) A company or person making any distribution or dividend payment to a real estate investment company;

(b) A borrower making compensating payments to its approved agent or to a lender, provided that such payments qualify as dividends under section 9(I) (c) of this Act; and

(c) An approved agent making compensating payments received from a borrower which qualify as dividends under section 9(I) (c) of this Act, to a lender.

[Substituted by Finance Act 2019, s. 20 (a)]

(6) Nothing in this section shall be construed to exempt a real estate investment company from deducting tax at source from the dividend it distributes to its own shareholders.

[Inserted by Finance Act 2019, s. 20 (b)]

Section 81. Deduction of tax at source

(1) Income tax assessable on any company, whether or not an assessment has been made, shall, if the Service so directs, be recoverable from any payments made by any person to such company.

(2) Any such direction may apply to any person or class of persons specified in such direction, either with respect to all companies or a company or class of companies, liable to payment of income tax:

Provided that in the case of road, bridges, building and power plant construction contract, the rate shall not exceed two and a half percent.

[Proviso inserted by Finance Act 2019, s. 21(a)]

(3) Any direction under subsection (1) of this section shall be in writing addressed to the person or be published in the Federal Gazette and shall specify the nature of payments and the rate at which tax is to be deducted.

(4) In determining the rate of tax to be applied to any payments made to a company, the Service may take into account—

(a) any assessable profits of that company for the year arising from any other source chargeable to income tax under this Act; and

(b) any income tax or arrears of tax payable by that company for any of the six preceding years of assessment.

(5) Income tax recovered under the provisions of this section by deduction from payments made to a company shall be set off for the purpose of collection against tax charged on such company by an assessment.

[No. 3 of 1993 and No. 11 of 2007, s. 19(A).]

(6) Every person required under any provisions of this Act to make any deduction from payments made to any company shall account to the Service in such manner as the Service may prescribe for the deduction so made.

(7) Any excess payment arising from compliance with sections 60, 61, 62 and 63 of this Act over the assessment under section 25 of this Act shall be refunded by the Service within ninety days of the assessment if duly filed with the option to set off against future taxes.

[No. 11 of 2007, s. 19(b).]

(8) The provisions of this section shall not apply to compensating payments made under a Registered Securities Lending Transaction.

[Inserted by Finance Act 2019, s. 21(b)]

(8) The Minister of Finance on the advice of the Service may make regulations for the carrying out of the provisions of this section.

[Subsection (8), previously subsection (7), renumbered by No. 11 of 2007, s. 19 (c).]

(EDITORIAL NOTE: Please note that although section 19 of Act No. 11 of 2007 instructs section 63 to be amended, it is suggested that it is intended to amend section 81.)

(The Finance Act 2019 s.21 (b) provided for insertion of a new subsection (8), however, it neither deleted the existing subsection (8) nor renumbered the subsection appropriately, hence the two subsections (8) in the section).

Section 82. Penalty for failure to deduct tax

Any person who being obliged to deduct any tax under section 78, 79, 80 or 81 of this Act fails to deduct or having deducted fails to pay to the Service within twenty-one days from the date the amount was deducted or the time the duty to deduct arose, shall be guilty of an offence and shall be liable to a penalty of ten per cent per annum of the tax withheld or not remitted, as the case may be.

[No. 31 of 1996, No. 11 2007, s. 20.]

(EDITORIAL NOTE: Please note that although section 20 of Act No. 11 of 2007 instructs section 64 to be amended, it is suggested that it is intended to amend section 82.)

Section 83. Accountant–General of the Federation to deduct tax

Where the person referred to under section 82 is a Ministry, Department, parastatal, institution or an agency of the Federal or a State Government or is a local government, the Service may authorise the Accountant-General of the Federation in writing to deduct from the allocation of such Federal Ministry, Department, parastatal, institution or agency of the State Government or local government such amount of tax deductible plus interest at the prevailing commercial rate.

[No. 3 of 1993.]

Section 84. Payment of tax deducted

Income tax deducted under sections 78, 79, 80 and 81 of this Act shall be paid to the Service in the currency in which the deduction was made.

[No. 3 of 1993.]

Section 85. Addition for non-payment of tax and enforcement of payment

(1) Subject to the provisions of subsection (3) of this section, if any tax is not paid within the periods prescribed in section 77 of this Act—

(a) a sum equal to ten per cent per annum of the amount of the tax payable shall be added thereto, and the provisions of this Act relating to the collection and recovery of tax shall apply to the collection and recovery of such sum;

(b) the tax due shall carry interest at bank lending rate from the date when the tax becomes payable until it is paid, and the provisions of this Act relating to collection and recovery of tax shall apply to the collection and recovery of the interest;

[No. 3 of 1993.]

(c) the Service shall serve a demand note upon the company or person in whose name the company is chargeable and if payment is not made within one month from the date of the service of such demand note, the Service may proceed to enforce payment as hereinafter provided;

(d) an addition imposed under this subsection shall not be deemed to be part of the tax paid for the purpose of claiming relief under any of the provisions of this Act.

(2) Any company which without lawful justification or excuse, the proof whereof shall lie on the company, fails to pay the tax within the period of one month prescribed in subsection (1) (b) of this section, shall be guilty of an offence against this Act.

(3) The Service may, for any good cause shown, remit the whole or any part of the addition due under subsection (1) of this section.

Section 86. Power to distrain for non-payment of tax

(1) Without prejudice to any other power conferred on the Service for the enforcement of payment of tax due from a company, where an assessment has become final and conclusive and a demand note has, in accordance with the provisions of this Part of this Act, been served upon the company or upon the person in whose name the company is chargeable, then, if payment of the tax is not made within the time limited by the demand note, the Service may in the prescribed form, for the purpose of enforcing payment of the tax due—

(a) distrain the taxpayer by his goods or other chattels, bonds or other securities;

(b) distrain upon any land, premises, or place in respect of which the taxpayer is the owner and, subject to the following provisions of this section, recover the amount of tax due by sale of anything so distrained.

(2) The authority to distrain under this section shall be in the form contained in the Fourth Schedule to this Act, and such authority shall be sufficient warrant and authority to levy by distress the amount of tax due.

[Fourth Schedule.]

(3) For the purposes of levying any distress under this section, any officer authorised in writing by the Service may execute any warrant of distress and if necessary break open any building or place in the day time for the purpose of levying such distress, and he may call to his assistance any police officer and it shall be the duty of that police officer when so required to aid and assist in the execution of any warrant of distress and in levying the distress.

(4) Things distrained under this section may, at the cost of the taxpayer, be kept for fourteen days and at the end of that time if the amount due in respect of the tax and the cost and charges of and incidental to the distress are not paid, they may, subject to subsection (6) of this section, be sold at any time thereafter.

(5) Out of the proceeds of any such sale there shall, in the first place, be paid the cost or charges of and incidental to the (sale and keeping of the) distress, and disposal thereunder and in the next place the amount due in respect of the tax; and the balance (if any) shall be payable to the taxpayer upon demand being made by him or on his behalf within one year of the date of the sale.

(6) Nothing in this section shall be construed so as to authorise the sale of any immovable property without an order of a High Court, made on application in such form as may be prescribed by rules of court.

Section 87. Action for tax by Service and refusal of clearance where tax is in default

(1) Tax may be sued for and recovered in a court of competent jurisdiction at the place stated in the notice of assessment as being the place at which payment should be made, by the Service in its official name with full cost of action from the company charged therewith as a debt due to the Government of the Federation.

(2) For the purposes of this section, a court of competent jurisdiction shall include a magistrate’s court, which court is hereby invested with the necessary jurisdiction, provided that the amount claimed in any action does not exceed the amount of the jurisdiction of the magistrate concerned with respect to actions for debt.

(3) In any action brought under subsection (1) of this section, the production of a certificate signed by any person duly authorised by the chairman of the Service giving the name and address of the defendant and the amount of tax due shall be sufficient evidence of the amount so due and sufficient authority for the court to give judgment for the said amount.

(4) In addition to any other powers of collection and recovery provided in this Act, the Service may, where the tax charged on the profits of any company which carries on the business of ship owner or charterer has been in default for more than three months, whether such company is assessed directly or in the name of some other person, issue to the Nigerian Customs Service or other authority by whom clearance may be granted, a certificate containing the name or names of the said company and particulars of the tax in default, and on receipt of such certificate, the said Nigerian Customs Service or other authority shall be empowered and is hereby required to refuse clearance from any port in Nigeria to any ship owned wholly or partly or chartered by such company until the said tax has been paid.

(5) No civil or criminal proceedings shall be instituted or maintained against the said Nigerian Customs Service or other authority in respect of a refusal of clearance under this section, nor shall the fact that a ship is detained under this section affect the liability of the owner, charterer, or agent to pay harbour dues and charges for the period of detention.

Section 88. Attendance of director, etc., at proceedings, etc.

(1) The court, before which the Service has sued a company for non-payment of tax, may issue a bench warrant on a director or other officer of the company to compel the director or officer to appear at every proceeding on the case until the final disposal of the case.

[No. 30 of 1996.]

(2) Where the Service has obtained judgment against a company for non-payment of tax and the judgment debt remains unpaid six months after the judgment, the court may, on the application of the Service, issue a bench warrant on a director or other officer of the company to compel the director or officer to appear in court and show cause why the judgment debt has not been paid.

[No. 30 of 1996.]

Section 89. Remission of tax

The President may remit, wholly or in part, the tax payable by any company if he is satisfied that it will be just and equitable to do so.

Section 90. Relief in respect of error or mistake

(1) If any company which has paid tax for any year of assessment alleges that any assessment made upon it for that year was excessive by reason of some error or mistake in the return, statement or account made by or on behalf of the company for the purposes of the assessment, it may, at any time not later than six years after the end of the year of assessment within which the assessment was made, make an application in writing to the Service for relief.

(2) On receiving any such application, the Service shall inquire into the matter and shall, subject to the provisions of this section, give by way of repayment of tax such relief in respect of the error or mistake as appears to be reasonable and just:

Provided that no relief shall be given under this section in respect of an error or mistake as to the basis on which the liability of the applicant ought to have been computed where the return, statement or account was in fact made on the basis or in accordance with the practice of the Service generally prevailing at the time when the return, statement or account was made.

(3) In determining any application under this section, the Service shall have regard to all the relevant circumstances of the case, and in particular shall consider whether the granting of relief would result in the exclusion from charge to tax of any part of the profits of the company, and for this purpose the Service may take into consideration the liability of the company and assessments made upon it in respect of other years.

(4) A determination by the Service under this section shall be final and conclusive.

Section 91. Repayment of tax. 

(1)  Save as is otherwise in this Act expressly provided, no claim for repayment of tax shall be allowed unless it is made in writing within six years after the end of the year of assessment to which it relates. 

(2)  The Service shall give a certificate of the amount of any tax to be repaid under any of the provisions of this Act or under any order of a court of competent jurisdiction and upon the receipt of the certificate, the Accountant-General of the Federation shall cause repayment to be made in conformity therewith.

 

PART XIII – OFFENCES AND PENALTIES

Section 92. Penalty for offences. 

(1)   Any person guilty of an offence against this Act or any person who contravenes or fails to comply with any of the provisions of this Act or of any rule made thereunder for which no other penalty is specifically provided, shall be liable on conviction to a fine of N20,000.00, and without prejudice to section 55 (4) or (5), where such offence is the failure to furnish a statement or information or to keep records required, a further sum of N2,000.00 for each and every day during which such failure continues, and in default of payment to imprisonment for six months, the liability for such further sum to commence from the day following the conviction, or from such day thereafter as the court may order.

[No. 11 of 2007, s. 21 (a) (i) and (ii).]

(EDITORIAL NOTE: Please note that although section 21 (a) of Act No. 11 of 2007 instructs section 71 to be amended, it is suggested that it is intended to amend section 92.)

(2)  Any person who 

(a)   fails to comply with the requirements of a notice served on him under this Act; or 

(b)  without sufficient cause fails to attend in answer to a notice or summons served on him under this Act or having attended fails to answer any question lawfully put to him, shall be guilty of an offence against this Act. 

(3)  Notwithstanding any of the provisions of the Criminal Procedure Act or any other applicable law, a magistrate may dispense with personal attendance of the defendant if he pleads guilty in writing or so pleads by a legal practitioner.

[Cap. C41.]

(4)  In the case of failure by a company to comply with the requirements of any notice given by the Service under the provisions of section 55 or 58 of this Act for the purpose of the tax to be charged upon the company for any year of assessment, the Service may, in lieu of the institution of proceedings under subsection (2) of this section, impose a penalty upon the company of an amount equal to the tax chargeable upon the company for the preceding year of assessment:

Provided that-

(a) written notice of the penalty shall be served upon the company; and

(b) any amount of such penalty remaining unpaid thirty days after service of such notice may be sued for and recovered in a court of competent jurisdiction by the Service in its official name with full costs of action from the company liable thereto as a debt due to the Government of the Federation; and

(c)  a certificate signed by an officer of the Federal Inland Revenue Department duly authorised by the Service setting out the name and address of such company, the date of service of the said notice, and the amount of the penalty remaining unpaid, shall be sufficient authority for the court to give judgment for that amount; and

(d) the Service may remit the whole or any part of such penalty, before judgment, for any reason which appears to it to be adequate.

 [No. 11 of 2007, s. 21(b).]

(EDITORIAL NOTE: Please note that although section 21 (b) of Act No. 11 of 2007 instructs section 71 to be amended, it is suggested that it is intended to amend section 92.)

Section 93.

(Deleted by No. 11 of 2007, s. 22.)

(EDITORIAL NOTE: Please note that although section 22 of Act No. 11 of 2007 instructs section 72 to be deleted, it is suggested that it is intended to delete section 93.)

Section 94. False statements and returns

(1) Any person other than a company who—

(a) for the purpose of obtaining any deduction, set-off, relief or repayment in respect of tax for any company, or who in any return, account or particulars made or furnished with reference to tax, knowingly makes any false statement or false representation; or

(b) aids, abets, assists, counsels, incites or induces any other person—

(i) to make or deliver any false return or statement under this Act; or

(ii) to keep or prepare any false accounts or particulars concerning any profits on which tax is payable under this Act; or

(iii) unlawfully to refuse or neglect to pay tax, shall be guilty of an offence and shall be liable on conviction to a fine of N1,000 or to imprisonment for five years, or to both such fine and imprisonment.

(2) The Service may compound any offence under this section and with the leave of the court may before judgment stay or compound any proceedings thereunder.

Section 95. Penalties for offences by authorised and unauthorised persons

Any person who—

(a) being a person appointed for the due administration of this Act or employed in connection with the assessment and collection of the tax who—

(i) demands from any company an amount in excess of the authorised assessment of the tax;

(ii) withholds for his own use or otherwise any portion of the amount of the tax collected;

(iii) renders a false return, whether orally or in writing, of the amount of tax collected or received by him;

(iv) defrauds any person, embezzles any money, or otherwise uses his position as to deal wrongfully with the Service; or

(b) not being authorised under this Act to do so, collects or attempts to collect the tax under this Act, shall be guilty of an offence and be liable on conviction to a fine of N600 or to imprisonment for three years or to both such fine and imprisonment.

Section 96. Tax to be payable notwithstanding proceedings for penalties

The institution of proceedings for, or the imposition of a penalty, fine or term of imprisonment under this Act shall not relieve any company from liability to payment of any tax for which it is or may become liable.

Section 97. Prosecution to be with the sanction of the Service

No prosecution in respect of an offence under section 93, 94 or 95 may be commenced except at the instance of or with the sanction of the Service.

Section 98. Savings for criminal proceedings

The provisions of this Act shall not affect any criminal proceedings under any other enactment.

Section 99. Place of an offence

An offence under this Act shall be deemed to occur in the town where the registered office of the company is situated or at such other place as the Service may decide.

[Second Schedule, Cap. C23. No. 30 of 1996.]

PART XIV– MISCELLANEOUS

 

Section 100. Power to alter rate of tax, etc.

The National Assembly may on the proposal by the President by a resolution of each of the Houses of the National Assembly impose, increase, reduce, withdraw or cancel any rate of tax, duty or fee chargeable specified in section 29 and the Second Schedule to the Act in accordance with section 59 (2) of the Constitution of the Federal Republic of Nigeria, 1999.

[No. 11 of 2007, s. 23.]

(EDITORIAL NOTE: Please note that although section 23 of Act No. 11 of 2007 instructs section 79 to be substituted, it is suggested that it is intended to substitute section 100.)

Section 101. Tax clearance certificate

(1) Whenever the Service is of the opinion that tax assessed on profits or income of a person has been fully paid or that no tax is due on such profits or income, it shall issue a tax clearance certificate to the person within two weeks of the demand for such certificate by that person or, if not, give reasons for the denial.

[No. 31 of 1993.]

(2) Any Ministry, department or agency of Government or any commercial bank with whom any person has any dealing with respect to any of the transactions mentioned in subsection (4) of this section, shall demand from such person a tax clearance certificate of three years immediately preceding the current year of assessment.

(3) A tax clearance certificate shall disclose in respect of the last three years of assessment—

(a) total profits or chargeable income;

(b) tax payable;

(c) tax paid;

(d) tax outstanding or alternatively a statement to the effect that no tax is due.

(4) The provisions of subsection (1) of this section shall apply in relation to the following, that is—

(a) application for government loan for industry or business;

(b) registration of motor vehicles;

(c) application for firearms licence;

(d) application for foreign exchange or exchange control permission to remit funds outside Nigeria;

(e) application for certificate of occupancy;

(f) application for award of contracts by Government and its agencies and registered companies;

(g) application for trade or business licence;

[No. 11 of 2007, s. 24 (a).]

(h) application for approval of building plans;

(i) application for transfer of real property;

(j) application for import or export licence;

(k) application for plot of land;

(l) application for agent licence;

[No. 11 of 2007, s. 24 (b).]

(m) application for pools or gaming licence;

(n) application for registration as a contractor;

(o) application for distributorship;

(p) stamping of guarantor’s form for Nigerian passport;

(q) application for registration of a limited liability company or of a business name;

(r) application for allocation of market stalls;

(s) stamping of statement of the nominal share capital of a company to be registered and any increase in the registered share capital of any company; and

[No. 21 of 1991.]

(t) stamping of statement of the amount of loan capital.

[No. 21 of 1991.]

(EDITORIAL NOTE: Please note that although section 24 of Act No. 11 of 2007 instructs section 80 to be amended, it is suggested that it is intended to amend section 101.)

(5) An applicant for exchange control permission to remit funds to a non-resident recipient in respect of income accruing from rent, dividend, interest, royalty, fees, or any other similar income shall be required to produce a tax clearance certificate to the effect that tax has been paid on funds in respect of which the application is sought or that no tax is payable, whichever is the case.

(6) When a person who has deducted any tax under any provisions of this Act fails to pay the tax so deducted to the appropriate tax authority, no tax clearance may be issued to that person even if he has fully discharged his own tax liability under this Act.

(7) Where a person is able to produce evidence that he suffered tax by deduction at source and that the assessment year to which the tax relates falls within the period covered by the tax clearance certificate, such a person may not be denied a tax clearance certificate:

Provided that any balance of tax after credit has been given for the tax so deducted has been fully paid.

[No. 3 of 1993.]

Section 102. Conduct of proceedings

Any officer of the Federal Inland Revenue Service duly authorised in writing in that regard by the chairman of the Service, may prosecute or conduct on behalf of the Service, any prosecution or other proceedings arising under this Act in any court in the Federation.

Section 103. Power to pay reward

The Service may with the approval of the Commissioner pay rewards to any person, not being a person employed in the Federal Inland Revenue Service in respect of any information which may be of assistance to the Service in the performance of its duties under this Act.

Section 104. Repeals, transitional provisions, etc.

(1) Subject to this section and without prejudice to the provisions of section 6 of the Interpretation Act, the Companies Income Tax Act, 1961 shall, except where other provisions are made in that behalf in this Act, cease to have effect with respect to tax on the income or profits of companies for all years of assessment beginning after 31 March, 1977.

[Cap. 123 and No. 22 of 1961.]

(2) Anything made or done, or having effect as if made or done, before the date of commencement of this Act under or pursuant to any provision of the Companies Income Tax Act, 1961 by the Service and having any continuing or resulting effect with respect to the taxation of the profits of a company or any matter connected therewith, shall be treated and for all purposes shall have effect as if it were made or done by the Service under the corresponding provision of this Act.

(3) All rules, orders, notices or other subsidiary legislation made under the Companies Income Tax Act, 1961 shall continue to have effect as if made under the corresponding provisions of this Act.

[No. 22 of 1961.]

(4) All references in the Personal Income Tax Act and in any other enactment to provisions of the Companies Income Tax Act, 1961 shall be construed as references to the corresponding provisions of this Act.

[Cap. P8 and No. 22 of 1961.]

 

Section 105. Interpretation

(1) In this Act, unless the context otherwise requires—

“Approved Agent’’ means any person approved by the Securities and Exchange Commission to function as an intermediary for the conduct of a Regulated Securities Lending Transaction;

[Inserted by Finance Act 2019, s 22(c)]

“Bank’’ means an establishment authorized by the government to accept deposits, pay interest, clear checks, make loans, act as an intermediary in financial transactions, and provide other financial services to its customers or any other such institution as defined under the Banking and Other Financial Institutions Act, Cap. B3, Laws of Federation of Nigeria, 2004;

[Inserted by Finance Act 2019, s 22(c)]

“Banking’’ means business conducted or services offered by a bank;

[Inserted by Finance Act 2019, s 22(c)]

“Borrower’’ means an approved borrower in a Regulated Securities Lending Transaction;

[Inserted by Finance Act 2019, s 22(c)]

“Company” means any company or corporation (other than a corporation sole established by or under any law in force in Nigeria or elsewhere;

‘’Compensating Payments’’ means any payments made in lieu of interest or dividend pursuant to a Regulated Securities Lending Transaction;

[Inserted by Finance Act 2019, 22(c)]

“Foreign company” means any company or corporation (other than a corporation sole) established by or under any law in force in any territory or country outside Nigeria;

‘’Financial Institutions’’ includes depository institutions, custodial institutions, investment institutions and insurance companies;

[Inserted by Finance Act, 2019 s 22(c)]

‘’Financial Services’’ includes depository services, custodial services, investment services and insurance services;

[Inserted by Finance Act 2019, s. 22(c)]

“Joint Tax Board” means the Joint Tax Board established under the provisions of any enactment regulating the taxation of incomes of persons other than companies in Nigeria;

“Gross Turnover” means the gross inflow of economic benefits during the period arising in the course of the operating activities of an entity when those inflows result in increases in equity, other than increases relating to contributions from equity participants, including sales of goods, supply of services, receipt of interest, rents, royalties or dividends;

[Substituted by Finance Act 2020, s.21 (a)]

“Minister” means the Minister charged with responsibility for finance;

“Medium-Sized Company’’ means a company that earns gross turnover greater than N25,000,000 but less than N 100,000,000;

[Inserted by Finance Act 2019,s. 22(c)]

“Large Company’’ means any company which is not a small or medium-sized company;

[Inserted by Finance Act 2019, s. 22(c)]

“Lender’’ means an approved lender in a Regulated Securities Lending Transaction;

[Inserted by Finance Act 2019, s. 22(c)]

“Nigerian company” means any company formed or incorporated under any law in Nigeria;

[Cap. C20.] [Inserted by Finance Act, 2020 s. 21(a)]

“Officers of the Service” includes any officer of the Federal Inland Revenue Service;

[No. 3 of 1993.]

“Persons” includes a company or body of persons;

 

“Public character” with respect to any organisation or institution means organisation or institution:

(a) That is registered in accordance with relevant law in Nigeria; and

(b) Does not distribute or share its profit in any manner to members or promoters;

[Inserted by Finance Act 2020, s. 21(b)]

 

“Real Estate Investment Company’’ means for the purpose of this Act, a company duly approved by the Securities and Exchange Commission to operate as a real estate investment scheme in Nigeria;

[Inserted by Finance Act 2019, s. 22(c)]

“Recognised Group Of Companies’’ means a group of companies as prescribed under the relevant accounting standard;

[Inserted by Finance Act 2019, s. 22(c)]

“Regulated Securities Lending Transaction’’ means any securities lending transaction conducted pursuant to rules made by the Securities and Exchange Commission;

[Inserted by Finance Act, 2019 s. 22(c)]

“Service’’ means the Federal Inland Revenue Service as defined in the Federal Inland Revenue Service (Establishment) Act, 2007;

[Substituted by Finance Act 2019, s. 22(a)]

“Small Company’’ means a company that earns gross turnover of N 25, 000,000 or less.

[Inserted by Finance Act 2019 ,s. 22(c)]

“Tax” means the tax imposed by this Act;

“Year of assessment” means a period of twelve months commencing on 1 January.

(2) Any reference in this Act to any section, Part or Schedule not otherwise identified is a reference to that section, Part or Schedule of this Act.

Section 106. Short title and application

(1) This Act may be cited as the Companies Income Tax Act.

(2) This Act shall, except where other provision is made in that behalf in this Act, apply in respect of tax charged for the year of assessment commencing on 1 April 1977 and each succeeding year of assessment.

SCHEDULES 

FIRST SCHEDULES – Section 3 (4). 

Powers or duties which the Service may not delegate except to the Joint Tax Service with the consent of the Minister- 

1. In this schedule, any reference to powers and duties shall not include any part of any power or duty of the Service either to make enquiries or to carry out or give effect to any decision of the Service.

 

2. Subject to section 3 (4) (b) of this Act, no power or duty of the Service specified or imported in the following provisions, namely—

 

(a) sections 1 (3), 7, 14 (2), 21, 22, 23 (1) (d), 29 (6), 29 (9), 42 (3), 42 (5), 43 (2) (b), 87 (4), 90, 91 (2), 93 (3) and 94 (2) of this Act, and in paragraphs 6 (2) and 18 of the Second Schedule thereto;

(b) section 13 of the Industrial Development (Income Tax Relief) Act;

[Cap. 17.]

(c) the powers of the Service to decide to take proceedings under section 6 (3) or to take or sanction proceedings under section 97 of this Act;

(d) the power of the Service to consider anything necessary under section 3 (2) of this Act;

(e) the power of the Service to authorise under section 3 (3) and (4) of this Act, shall be delegated to any other person.

 

 

______________________________________

SECOND SCHEDULE

Capital allowances

 

TABLE I

Initial allowances

TABLE II

Annual allowances

 

1. Interpretation

(1) For the purposes of this Schedule—

“basis period” has the meaning assigned to it by the following provisions of this definition—

 

(a) in the case of company to or on which any allowance of charge falls to be made in accordance with the provisions of this Schedule, its basis period for the year of assessment is the period by reference to the profits of which any assessable profits for that year fall to be computed under the provisions of section 29 of this Act;

(b) such profits mean profits in respect of the trade or business in which there was used an asset in connection with which such allowance or charge falls to be made:

 

Provided that, in the case of any such trade or business—

(i) where two basis periods overlap, the period common to both shall be deemed, except for the purpose of making an annual allowance, to fall in the basis period ending at the earlier date and in no other basis period;

 

(ii) where two basis periods coincide, they shall be treated as overlapping, and the basis period for the earlier year of assessment shall be treated as ending before the end of the basis period for the later year of assessment;

 

(iii)where there is an interval between the end of the basis period for one year of assessment and the basis period for the next year of assessment, then unless the second-mentioned year of assessment is the year in which, for the purposes of section 29 (4), such company permanently ceases to carry on the trade or business, the interval shall be deemed to be part of the second basis period; and

 

(iv) where there is an interval between the end of the basis period for the year of assessment preceding that in which the trade or business permanently ceases, for the purposes of section 29 (4), to be carried on by such company and the basis period for the year in which it so ceases, the interval shall be deemed to form part of the first basis period;

 

“concession” includes a mining right and a mining lease;

“lease” includes an agreement for a lease where the term to be covered by the lease has begun, any tenancy and any agreement for the letting or hiring out of an asset, but does not include a mortgage, and the expression “leasehold interest” shall be construed accordingly and—

 

(a) where, with the consent of the lessor, a lease of any asset remains in possession thereof after the termination of the lease without a new lease being granted to him, that lease shall be deemed for the purposes of this Schedule to continue so long as he remains in possession as aforesaid; and

(b) where, on the termination of a lease of any asset, a new lease of that asset is granted to the lessee, the provisions of this Schedule shall have effect as if the second lease were a continuation of this first lease;

“qualifying expenditure” means, subject to the express provisions of this Schedule, expenditure incurred in a basis period which is—

 

(a)capital expenditure (hereinafter called “qualifying plant expenditure”) incurred on plant, machinery or fixtures;

(b) capital expenditure (hereinafter called “qualifying building expenditure”) incurred on the construction of buildings, structures or works of a permanent nature, other than expenditure which is included in sub-paragraph (a) or (c) of this definition;

(c) capital expenditure (hereinafter called “qualifying mining expenditure”) incurred in connection with, or in preparation for, the working of a mine, oil well or other source of mineral deposits of a wasting nature (other than expenditure which is included in sub[1]paragraph (a) of this definition);

(d) capital expenditure (hereinafter called “qualifying plantation expenditure”) incurred in connection with a plantation—

 

(i) on the clearing of land for planting;

(ii) on planting (other than replanting);

(iii) on the construction of any works or buildings which are likely to be of little or no value when the source is no longer worked or, where the source is worked under a concession, which are likely to become valueless when the concession comes to an end to the company working the source immediately before the concession comes to an end;

(iv) on the acquisition of, or of rights in or over, the deposits or on the purchase of information relating to the existing and extent of the deposits;

(v) on searching for or on discovering and testing deposits, or winning access thereto;

 

(e) and for the purposes of this definition, where—

(i) expenditure is incurred for the purposes of a trade or business by a company about to carry on such trade or business; and

 

(ii) that expenditure is incurred in respect of an asset owned by that company if that expenditure would have fallen to be treated as qualifying expenditure if it had been incurred by that company on the first day on which it carries on that trade or business, that expenditure shall be deemed to be qualifying expenditure incurred by it on that day;

(f) capital expenditure, that is, qualifying research and development expenditure, incurred on equipment and facilities, patents, licences, secret formula or process or for information concerning industrial, commercial or scientific process; technical feasibility of products or processes and purchases, searching for and discovering and testing products or process for future market or use; and such other similar cost which has not brought into existence any asset;

 

(g) capital expenditure, that is, qualifying agricultural expenditure incurred on plant in use in agricultural trades and businesses within the meaning of section 11 of this Act;

 

(h) capital expenditure, that is, qualifying public transportation, motor vehicle expenditure, incurred on a fleet of buses of not less than three used for public transportation;

 

(i) capital expenditure (hereinafter called qualifying public transportation (inter-city) new mass transit coach expenditure) incurred on new mass transit coach of twenty-five seats and above operated by a recognised corporate private establishment.

[No. 3 of 1993.]

 

(j) capital expenditure that is incurred on the development or acquisition of software or other such capital outlays on electronic applications.

[Substituted by Finance Act 2020, s. 22]

 

“trade or business” means a trade or business or that part of a trade or business the profits of which are assessable under this Act.

 

Application of capital allowances to assets acquired under hire-purchase agreement, etc.

 

(2) This Schedule shall apply in relation to any asset acquired by any hirer under a hire-purchase agreement, the terms of which provide for the use and ultimate acquisition of the asset by the hirer, as it applied to an asset acquired by any owner of an asset for the purposes of his trade or business, but shall so apply subject to the following modifications, that is to say—

 

(a) the qualifying expenditure within the meaning of paragraph 1(1) (i) of this Schedule shall, in relation to any asset so acquired under that agreement, be limited to the amount of the instalment paid by the hirer during his basis period (within the meaning of those provisions) excluding in the computation of such qualifying expenditure any interest paid under the agreement;

 

(b) any reference in the provisions as aforesaid to any owner of any asset shall be construed as including a reference to a hirer under the hire-purchase agreement and as excluding a reference to the person letting the goods to the hirer under the agreement.

2. Provisions relating to mining expenditure

 

(1) For the purposes of this Schedule, where—

(a) qualifying mining expenditure has been incurred on the purchase of information relating to the existence and extent of the deposits or on searching for or on discovering and testing deposits or winning access thereto and such expenditure has been incurred for the purposes of a trade or business carried on by the company incurring the expenditure, or expenditure has been incurred for the purpose of trade or business about to be carried on by the company incurring the expenditure and such expenditure would have fallen to be treated as such qualifying mining expenditure if it had been incurred in a basis period; and

 

(b) such expenditure has not brought into existence any asset; and

 

(c) such trade or business consists of the working of a mine, oil well or other source of mineral deposits of a wasting nature, then such expenditure shall be deemed to have brought into existence an asset owned by the company incurring the expenditure and in use for the purpose of such trade or business.

(2) For the purpose of this Schedule, an asset in respect of which qualifying mining expenditure has been incurred by any company for the purposes of a trade or business carried on by it, and which has not been disposed of, shall be deemed not to cease to be used for the purpose of that trade or business so long as such company continues to carry on that trade or business.

 

(3) So, much of any qualifying mining expenditure incurred on the acquisition of rights in or over mineral deposits and on the purchase of information relating to the existence and extent of the deposits as exceeds the total of the original cost of acquisition of such rights and of the cost of searching for, discovering and testing such deposits prior to the purchase of such information, shall be left out of account for the purposes of this Schedule:

 

Provided that where such costs were originally incurred by a company which carried on a trade or business consisting, as to the whole or part thereof, in the acquisition of such rights or information with a view to the assignment or sale thereof, the price paid on such assignment or sale shall be substituted for the aforementioned costs.

 

3. Owner and meaning of “relevant interest”

 

(1) For the purposes of this Schedule, where an asset consists of a building, structure or works, the owner thereof shall be taken to be the owner of the relevant interest in such building, structure or works.

(2) Subject to the provisions of this paragraph, in this Schedule, the expression “the relevant interest” means, in relation to any expenditure incurred on the construction of a building, structure or works, the interest in such building, structure or works to which the person who incurred such expenditure was entitled when he incurred it.

(3) Where, when he incurs qualifying building expenditure or qualifying mining expenditure on the construction of a building, structure or works, a person is entitled to two or more interests therein, and one of those interests is an interest which is reversionary on all the others, that interest shall be the relevant interest for the purposes of this Schedule.

 

 

4. Sale of buildings

 

Where capital expenditure has been incurred on the construction of a building, structure or works and thereafter the relevant interest therein is sold, any company which buys that interest shall be deemed, for all the purposes of this Schedule except the granting of initial allowances, to have incurred, on the date when the purchase price became payable, capital expenditure on the construction thereof equal to the price paid by it for such interest or to the original cost of construction whichever is the less:

 

Provided that where such relevant interest is sold before the building, structure or works has been used, the foregoing provisions of this paragraph shall have effect with respect to such sales with the omission of the words “except the granting of initial allowances” and the original cost of construction shall be taken to be the amount of the purchase price on such sale:

 

Provided also that where any such relevant interest is sold more than once before the building, structure or works is used, the provisions of the foregoing proviso shall have effect only in relation to the last of those sales.

 

 

5. Qualifying industrial building expenditure

For the purpose of this Schedule—

(a) where but for this paragraph a company is entitled to an annual allowance in respect of qualifying building expenditure in respect of an asset in use, for the purposes of a trade or business carried on by it at the end of its basis period for any year of assessment, if that asset is an industrial building or structure in use as such at the end of its basis period for any such year then, in lieu of such allowance and qualifying building expenditure, the qualifying expenditure in respect of that asset shall be taken to mean “qualifying industrial building expenditure” for any allowances to be made to such company, in respect of that qualifying expenditure, for that year; and

 

(b) “industrial building or structure” means any building or structure in regular use—

(i) as a mill, factory, mechanical workshop, or other similar building, or as a structure used in connection with any such buildings;

(ii) as a dock, port, wharf, pier, jetty or other similar building structure;

(iii) for the operation of a railway for public use or for a water or electricity undertaking for the supply of water or electricity for public consumption; and

(iv) for the running of a plantation or for the working of a mine or other source of mineral deposits of a wasting nature.

 

6. Initial allowances

(1) Subject to the provisions of this Schedule, where in its basis period for a year of assessment a company owning any asset has incurred in respect thereof qualifying expenditure wholly, exclusively, necessarily and reasonably for the purposes of a trade or business carried on by it, there shall be made to that company for the year of assessment in its basis period for which that asset was first used for the purposes of that trade or business an allowance (in this Schedule called “an initial allowance”) at the appropriate rate per cent, set forth in Table I to this Schedule, of such expenditure.

 

(2) Where capital expenditure is incurred on the purchase of an asset and either purchaser is a person over whom the seller has control, or the seller is a person over whom the purchaser has control, or some other person has control over both the purchaser and the seller, then, the amount of any initial allowance to be made in respect of such expenditure shall be such an amount as the Service may determine to be just and reasonable having regard to all the circumstances relating to such asset and control:

Provided that any such amount shall not exceed the amount of the initial allowance which would have been allowable apart from the provisions of this sub-paragraph.

 

(3) Where a company has incurred qualifying expenditure for the purchase of plants and machineries for the replacement of the old ones, there shall be allowed such company a once and for all ninety[1]five per cent capital allowances in the first year, with five per cent retention as the book value until the final disposal of the asset:

Provided that the aggregate capital allowances granted in respect of any asset under this Schedule and under section 42 shall not exceed ninety-five per cent of the total cost of the asset.

[No. 32 of 1996.]

 

 

7. Annual allowances

(1) Subject to the provisions of this Schedule, where in its basis period for a year of assessment, a company owning any asset has incurred in respect thereof qualifying expenditure wholly, exclusively, necessarily and reasonably for the purpose of a trade or business carried on by it, whether or not an initial allowance was made in respect of that qualifying expenditure, there shall be made to that company for each year of assessment, in its basis period for which that asset was used for the purpose of that trade or business, an allowance (hereinafter called “an annual allowance” at the rate specified in respect thereof in Table II of this Schedule of such expenditure after the deduction of initial allowance where applicable:

Provided that an amount of N10 shall be retained in the accounts for tax purposes until the asset is disposed of:

Provided further that where the basis period for any year of assessment is a period of less that one year and such allowance for that year of assessment shall be proportionately reduced.

 

(2) In the case of an asset in respect of which an allowance has been granted before the commencement of this sub-paragraph, an allowance shall be made in respect of the asset for the number of years which, if added to the number of years of assessment for which allowance has already been made, equals the number of years of assessment for which allowance is to be made under the provisions of sub-paragraph (1) of this paragraph:

Provided that if an allowance has been made for a number of years which is equal to or more than the number of years specified under sub-paragraph (1) of this paragraph, a single allowance shall be made for an amount which is N10 less than the residue of the qualifying expenditure for the year of assessment in which this sub-paragraph takes effect.

 

 

8. Asset to be in use at the end of basis period

An initial or an annual allowance in respect of qualifying expenditure incurred in respect of any asset shall only be made to a company for a year of assessment if at the end of its basis period for that year it was the owner of that asset and that asset was in use for the purposes of a trade or businesses carried on by that company.

 

9. Balancing allowances

Subject to the provisions of this Schedule, where in its basis period for a year of assessment a company owning an asset, which has incurred in respect thereof qualifying expenditure wholly, exclusively, necessarily and reasonably for the purposes of a trade or business carried on by it, disposes of that asset an allowance (hereinafter called “a balancing allowance”) shall be made to that company for that year of the excess of the residue of that expenditure, at the date such asset is disposed of, over the value of that asset at that date:

 

Provided that a balancing allowance shall only be made in respect of such asset if immediately prior to its disposal it was in use by such owner in the trade or business for the purpose of which such qualifying expenditure was incurred.

 

 

10. Balancing charges

Subject to the provisions of this Schedule, where in its basis period for a year of assessment a company owning an asset, which has incurred in respect thereof qualifying expenditure wholly, exclusively, necessarily and reasonably for the purposes of a trade or business carried on by it, disposes of that asset, a charge (hereinafter called “a balancing charge”) shall be made on that company for that year of the excess of the value of that asset, at the date of its disposal, over the residue of that expenditure at that date:

 

Provided that a balancing charge shall only be made in respect of such asset if immediately prior to its disposal it was in use by such owner in the trade or business for the purposes of which such qualifying expenditure was incurred and shall not exceed the total of any allowances made to such owner under the provisions of this Schedule in respect of such asset and in cases falling under paragraph 19 of the Fourth Schedule to the Personal Income Tax Act, of any deductions made under section 10 of that Act in respect of the capital cost of such asset.

[Fourth Schedule and Cap. P8.]

 

 

11. Residue

(1) The residue of qualifying expenditure, in respect of any asset, at any date, shall be taken to be the total qualifying expenditure incurred on or before that date, by the owner thereof at that date, in respect of that asset, less the total of any initial or annual allowances made to such owner, in respect of that asset, before that date.

(2) For the purpose of this paragraph, an initial allowance or annual allowance shall be deemed to be made at the end of the basis period for the year of assessment for which any such allowance is made.

 

 

12. Meaning of “disposed of”

Subject to any express provision to the contrary, for the purposes of this Schedule—

 

(a) a building, structure or works of a permanent nature is disposed of if any of the following events occur—

(i) the relevant interest therein is sold; or

(ii) that interest, being an interest depending on the duration of a concession, comes to an end on the coming to an end of that concession; or

(iii) that interest, being a leasehold interest, comes to an end otherwise than on the person entitled thereto acquiring the interest which is reversionary thereon; or

(iv) the building, structure or works of a permanent nature are demolished or destroyed or, without being demolished or destroyed, cease altogether to be used for the purposes of a trade or business carried on by the owner thereof;

 

(b) plant, machinery or fixtures are disposed of if they are sold, discarded or cease altogether to be used for the purposes of a trade or business carried on by the owner thereof;

(c) assets in respect of which qualifying mining expenditure is incurred are disposed of if they are sold or if they cease to be used for the purposes of the trade or business of the company incurring the expenditure either on such company ceasing to carry on such trade or business or on such company receiving insurance or compensation monies therefore.

 

13. Value of an asset

(1) The value of an asset at the date of its disposal shall be the net proceeds of the sale thereof or of the relevant interest therein, or if it was disposed of without being sold, the amount which, in the opinion of the Service such asset or the relevant interest therein, as the case may be, would have fetched if sold in the open market at that date, less the amount of any expenses which the owner might reasonably be expected to incur if the asset were so sold.

 

(2) For the purposes of this paragraph, if an asset is disposed of in such circumstances that insurance or compensation monies are received by the owner thereof, the asset or the relevant interests therein, as the case may be, shall be treated as having been sold and as though the net proceeds of the insurance or compensation monies were the net proceeds of the sale thereof.

 

(3) So much of sub-paragraph (1) of this paragraph as relates to the circumstances for determining the value of an asset by reference to the disposal of such asset, other than by way of sale, shall have effect—

 

(a) in relation to any asset or the relevant interest therein disposed of not being by way of bargain made at arm’s length; or

(b) where the sale is between persons who are related to each other or between persons both of whom are controlled by some other person or one of whom has control over the other.

 

14. Apportionment

(1) Any reference in this Schedule to the disposal, sale or purchase of any asset includes a reference to the disposal, sale or purchase of that asset, as the case may be, together with any other asset, whether or not qualifying expenditure has been incurred on such last mentioned asset; and where an asset is disposed of, sold, or purchased together with another asset, so much of the value of the assets as, on a just apportionment, is properly attributable to the first-mentioned asset shall, for the purposes of this Schedule, be deemed to be the value of or the price paid for that asset, as the case may be.

 

For the purposes of this sub-paragraph, all the assets which are purchased or disposed of in pursuance of one bargain shall be deemed to be purchased or disposed of together, notwithstanding that separate prices are or purport to be agreed for each of those assets or that there are or purport to be separate purchases or disposals of those assets.

 

(2) The provisions of sub-paragraph (1) of this paragraph shall apply, with any necessary modifications, to the sale or purchase of the relevant interest in any asset together with any other asset or relevant interest in any other asset.

 

 

15. Part of an asset

 

Any reference in this Schedule to any asset shall be construed whenever necessary as including a reference to a part of any asset (including an undivided part of that asset in the case of joint interests therein) and when so construed any necessary apportionment shall be made as may, in the opinion of the Service, be just and reasonable.

 

 

16. Extension of meaning of “in use”

(1) For the purposes of this Schedule, an asset shall be deemed to be in use during a period of temporary disuse.

 

(2) For the purposes of paragraphs 6, 7 and 8 of this Schedule—

(a) an asset in respect of which qualifying expenditure has been incurred by the company owning such asset for the purposes of a trade or business carried on by it shall be deemed to be in use, for the purposes of that trade or business, between the dates hereinafter mentioned, where the Service is of the opinion that the first use to which the asset will be put by the company incurring such expenditure will be for the purposes of that trade or business;

(b) the said dates shall be taken to be the date on which such expenditure was incurred and the date on which the asset is in fact first put to use:

Provided that where any allowances have been given in consequence of this sub-paragraph and the first use to which such asset is put is not for the purposes of such trade or business, all such additional assessments shall be made as may be necessary to counteract the benefit obtained from the giving of any such allowances.

 

 

17. Exclusion of certain expenditure

Where any company has incurred expenditure which is allowed to be deducted, in computing the profits of its trade or business under section 24 of this Act, such expenditure shall not be treated as qualifying expenditure.

 

 

18. Application of lessors

(1) Where a company owning an asset—

(a) has incurred capital expenditure in respect thereof; or

(b) leases that asset to any person under an operating lease contract for use wholly, exclusively, necessarily and reasonably for the purpose of a trade or business carried on by such person, the provisions of this Schedule shall apply, as though such expenditure were incurred for the purpose of a trade or business carried on by the owner or lessor and as though the owner or lessor were using the asset for the purpose of such last-mentioned trade or business in the way in which and for the period or periods during which the asset is in fact in the first mentioned trade or business.

[No. 3 of 1993.]

 

(2) Where however an asset is acquired by any hirer or lessee under a finance lease contract the terms of which provide for the transfer of ownership, risks and reward to the hirer or lessee, the provisions of this Schedule shall apply in the same way as it applies to an asset acquired by any owner or lessor of an asset for the purpose of his trade or business, but shall so apply subject to the following modifications that is to say—

 

(a) the qualifying expenditure within the provisions of this Schedule shall in relation to any asset so acquired under that contract, be limited to the amount of the total lease payments due from hirer or lessee, during his basis period excluding in the computation of such qualifying expenditure any interest or charges payable under the contract;

(b) any reference in this sub-paragraph to any owner or lessor of any asset shall be construed as including a reference to a hirer or lessee under the finance lease contract and as excluding a reference to the person leasing the asset to the hirer or lessee under the contract.

[No. 3 of 1993.]

 

(3) Subject to the provisions of this Schedule, where a company has incurred capital expenditure on plant and machinery or acquires same by virtue of sub-paragraph (2) of this paragraph, wholly, exclusively, necessarily and reasonably for the purpose of a trade or business carried on by it, there shall be due an investment allowance of ten per cent of such expenditure.

[No. 3 of 1993.]

(4) For the purposes of this Schedule the terms “operating lease” and “finance lease” shall have the meanings ascribed to them by the Statement of Accounting Standard on Leases.

[No. 3 of 1993.]

(5) For the purposes of this paragraph in relation to the trade or business which an owner is to be treated as carrying on, his basis period for any year of assessment shall be taken to be the year immediately preceding that year of assessment.

 

(6) When a company owning an equipment has incurred capital expenditure in respect thereof for the purposes of leasing that equipment for the use wholly, exclusively, necessarily and reasonably for the purposes of a trade or business carried on or about to be carried on by a person, the provisions of this Schedule shall apply to all such leases.

 

(7) Subject to the provisions of this Schedule where a company has incurred expenditure wholly, exclusively, necessarily and reasonably for the purposes of agricultural plant and equipment, there shall be due to that company an investment allowance of ten per cent of such expenditure.

 

 

19. Asset used or expenditure incurred partly for the purposes of a trade or business

(1) The following provisions of this paragraph shall apply where either or both of the following conditions apply with respect to any asset—

(a) the owner of the asset has incurred in respect thereof qualifying expenditure partly for the purposes of a trade or business carried on by him and partly for other purposes;

(b) the asset in respect of which qualifying expenditure has been incurred by the owner thereof is used partly for the purposes of a trade or business carried on by such owner and partly for other purposes.

(2) Any allowances and any charges which would be made if both such expenditure were incurred wholly, exclusively, necessarily and reasonably for the purposes of such trade or business and such asset were used wholly and exclusively for the purposes of such trade or business shall be computed in accordance with the provisions of this Schedule.

 

(3) So much of the allowances and charges computed in accordance with the provisions of sub- paragraph (2) of this paragraph shall be made as in the opinion of the Service is just and reasonable having regard to all the circumstances and to the provisions of this Schedule.

 

 

20. Disposal without change of ownership

Where an asset in respect of which qualifying expenditure has been incurred by the owner thereof has been disposed of in such circumstances that such owner remains the owner thereof, then, for the purposes of determining whether and, if so, in what amount, any annual or balancing allowance or balancing charge shall be made to or on such owner in respect of his use of the asset after the date of such disposal—

(a) qualifying expenditure incurred by such owner in respect of such asset prior to the date of such disposal shall be let out of account; but

 

(b) such owner shall be deemed to have bought such asset immediately after such disposal for a price equal to the residue of such qualifying expenditure at the date of such disposal, increased by the amount of any balancing charge or decreased by the amount of any balancing allowance made as a result of such disposal.

 

21. Meaning of “allowances made”

Any reference in this Schedule to an allowance made includes a reference to an allowance which would be made but for an insufficiency of assessable profits against which to make it.

 

 

22. Claims for allowances

No allowance shall be made to any company for any year of assessment under the provisions of this Schedule unless claimed by it for that year or where the Service is of the opinion that it would be reasonable and just to do so.

 

 

23. Election in double taxation cases

(1) Where a company makes a claim to an initial or annual allowance under this Schedule in connection with any trade or business, if the taxes in respect of the profits of the trade or business are the subject of an arrangement, having effect by virtue of section 45 of this Act, between Nigeria and any other territory, for relief from double taxation, it may elect, at the time of making such claim or within such reasonable time thereafter as the Service may allow, that that allowance shall be calculated at a lesser rate than that provided for in paragraph 6 or 7 of this Schedule and in making such election it shall specify the amount of such lesser rate.

 

(2) Where an election has been made under this paragraph, the amount of such lesser rate shall be taken to be the appropriate rate in relation to that allowance for all the purposes of this Schedule.

 

 

24. Manner of making allowances and charges

(1) The amount of any charge to be made on a company under the provisions of this Schedule shall be made by making an addition to its assessable profits for the year of assessment for which such charge falls to be made under the provisions of this Schedule:

Provided that where any such charge falls to be made on any company for any year of assessment, whenever necessary by reason of the assessment on that company having become final and conclusive for that year or for other sufficient reason, the Service may make an additional assessment upon such company in respect of the amount of such charge.

 

(2) Subject to the provisions of this paragraph, the amount of any allowance to be made to a company under the provisions of this Schedule shall be made by making a deduction from the remainder of its assessable profits for the year of assessment for which such allowance falls to be made under the provisions of this Schedule.

 

(3) For the purposes of this paragraph, any such remainder for a year of assessment shall be ascertained by first giving full effect to the provisions of sub-paragraph (1) of this paragraph and to the provisions of section 31 relating to the deduction of the amount of any loss.

 

(4) Where full effect cannot be given to any deduction to be made under sub-paragraph (2) of this paragraph for any year of assessment owing to there being no such remainder for that year, or owing to the remainder for that year being less than such deduction, the deduction or part of the deduction to which effect has not been given, as the case may be, shall, for the purpose of ascertaining total profits (of the company entitled to such deduction) under section 31 for the following year, be deemed to be a deduction for that year, in accordance with the provisions of sub-paragraph (2) of this paragraph, and so on for succeeding years.

 

(5) Where a company is entitled to a deduction under the preceding sub-paragraph, or to a deduction in respect of a balancing allowance, in respect of an asset used in a trade or business carried on by it, for a year of assessment in which that trade or business permanently ceases to be carried on by it and full effect cannot be given to any such deduction for that year owing to there being no such remainder of assessable profits for that year, or owing to the remainder of its assessable profits for that year being less than such deduction, that deduction or the part to which effect has not been given, as the case may be, may, on a claim being made by such company, be given by way of deduction from any remainder of its assessable profits for the preceding year of assessment, and so on for other preceding years, so, however, that no such deduction shall be given by virtue of this sub-paragraph for any year earlier than the fifth year before the first-mentioned year of assessment:

Provided that where any relief is given under this sub-paragraph in respect of any such deduction, the provisions of the preceding sub-paragraph shall cease to have effect in respect of that deduction for any year of assessment subsequent to the year of assessment in which such trade or business ceases.

 

(6) Where any deduction falls to be given under the provisions of the preceding sub-paragraph for any preceding years of assessment, whenever necessary, by reason of any assessments for those years having become final and conclusive, or for other sufficient reason, the Service, with respect to each such year, may make such repayment or set-off of the tax, or of any part of such tax, paid or charged for any such year as may be appropriate, in lieu of making any such deduction.

 

(7) In giving effect to the provisions of sub-paragraph (2) of this paragraph, the amount of capital `allowances to be deducted from assessable profits in any year of assessment shall not exceed sixty-six and two thirds of a per cent of such assessable profits of a company, but any company in the agro-allied industry or which is engaged in the trade or business of manufacturing, shall not be affected by the restriction under this sub-paragraph.

[No. 21 of 1991.]

 

(8) In this paragraph—

“company in the agro-allied industry” is a company to which section 11 (9) of this Act applies.

 

 

TABLE I

Initial allowances

[No. 32 of 1996.]

 

 

Qualifying Expenditure in respect of— …………………………………Rate per cent

Building Expenditure ……………………………………………………………..… 15

Industrial Building Expenditure ……………………………………………………..… 15

Mining Expenditure ……………………………………….…………………………… 95

Plant Expenditure (excluding Furniture and Fittings…………………………………… 50

Manufacturing Industrial Plant Expenditure …………………………………………. 50

Construction Plant Expenditure (excluding Furniture and Fittings)…………………. 50

Public Transportation Motor Vehicle ……………………………………………… 95

Ranching and Plantation Expenditure ………………………………………….………30

Plantation Equipment Expenditure ………………………………………………. 95

Research and Development Expenditure ……………………………………………….95

Motor Vehicle Expenditure ………………………………………………….……. 50

Agricultural Plant Expenditure ………………………………………………………….95

Housing Estate Expenditure……………………………………………..………………..50

Furniture and Fitting Expenditure ………………………………………………25

 

 

TABLE II

Annual allowances

[No. 32 of 1996.]

 

 

Qualifying Expenditure in respect of……………………………………..Rate per cent

Qualifying Agricultural Production…………………………………………………… nil

Qualifying Building Expenditure………………………………………………………. 10

Qualifying Furniture and Fittings ……………………….. …………………..…………20

Qualifying Industrial Building Expenditure …………………………………………..10

Qualifying Mining Expenditure……………………………………………………………nil

Qualifying Plant Expenditure …………………………. ………………………………25

Qualifying Plantation Equipment Expenditure ………………………………………..nil

Qualifying Ranching and Plantation Expenditure ………………………………………..50

Qualifying Housing Estate Expenditure………………………………………………..25

Qualifying Public Transportation (Inter-City) new Mass Transit Coach Expenditure…nil

Qualifying Motor Vehicles – Others ………………………………………………………..25

Qualifying Research and Development ………………………………………………nil

 

 

__________________________________________

THIRD SCHEDULE

[Section 11 (6).]

Tax exemption on certain interests

 

(1). Table exemption on interest on foreign loans

 

Repayment period        Grace period including Moratorium              Tax exemption

allowed

Above 7 years………..             Not less than 2 years                                                   70%

5-7 years………………..            Not less than 18 months                                             40%

2-4 years…………………         Not less than 12 months                                               10%

Below 2 years…………                       Nil                                                                          Nil

 

 

 

[Amended by Finance Act 2019, s. 23(a) (i)]

 

(2) for the purpose of this Schedule—

(a) “Moratorium’’ means a period at the beginning of a loan term during which the borrower is not expected to make any principal or interest repayments, provided that where any principal or interest repayments are made during the period, the tax exemptions provided under this Schedule shall be adjusted by the Service in a proportionate manner; and

(b) “Repayment Period’’ means the agreed tenor of the loan facility, provided that where the loan is repaid before expiration of this period, the tax exemptions provided under this Schedule shall be adjusted by the Service in a proportionate manner.

[Inserted by Finance Act 2019, s. 23(a) (ii)]

 

___________________________________________

FOURTH SCHEDULE

[Section 86.]

Warrant and authority to levy by distress under the Companies Income Tax Act

 

To (a) …………………………………………………………………………………………

Name of Company (b) ………………………………………………………………………..

Amount of tax to be levied by distress (c) …………………………………………….

The Federal Inland Revenue Service, in exercise of powers vested in it by section 86 of the Companies Income Tax Act (Cap. C21) hereby authorises you to collect and recover the sum of

(c)………………………………………………………………………………being arrears of tax due for the years of assessment hereinafter mentioned from the above named company whose place of business is at (d)………………………;……………………….. and for the recovery thereof the said Service further authorises that you, with the aid (if necessary) of your assistants and calling to your assistance any police officer (if necessary) which assistance he is by law required to give, do forthwith levy by distress the said sum together with the costs and charges of and incidental to the taking and keeping of such distress, on the goods, chattels, land, premises or other distrainable things of the said company wherever the same may be found and on all goods which you may find in any premises or on any lands in the use or possession of the said company or of any other person on its behalf or in trust for the company.

And for the purpose of levying such distress you are hereby authorised if necessary, with such assistance as aforesaid, to break open any building or place in the day time.

 

The particulars of the said arrears of tax are as follows—

 

Year of assessment          No. of Notice of assessment          Amount of tax due

N: k

(i)………………………                     …………………………                       …………………………………

(e)

(ii)…………………………                 ………………………….                      ….……………………………

(iii)…………………………                 ……………………                                  ………………………………

 

Signed for and on behalf of Board of Inland Revenue at ……………………………

this……………………………day of ………………………………20………………………….

Signature (f)

………………………………….Chairman

 Federal Inland Revenue Service

 

NOTES

 

(a) Insert the name of the officer who is authorised by the Service to execute the warrant of distress.

(b) Insert the name of the company on whose goods, chattels, land, premises or other distrainable things the warrant of distress is to be executed.

(c) Insert the amount of tax outstanding against the company and which amount is to be levied by distress.

(d) Insert the address of the place of business of the company.

(e) Insert the particulars of the arrears of tax to be levied by distress, stating the years of assessment, the numbers of notices of assessment and the amount of tax due in respect of each such year of assessment.

(f) To be signed by the Chairman, Federal Inland Revenue Service.

 

 

________________________________

FIFTH SCHEDULE

[Section 25 (5).]

 

Funds, bodies and institutions in Nigeria to which donations may be made under section 25 of this Act

 

1. The Boys Brigade of Nigeria.

2. The Boys Scouts of Nigeria.

3. The Christian Council of Nigeria.

4. The Cocoa Research Institute of Nigeria.

5. Any educational institution affiliated under any law with any university in Nigeria, or established under any law in Nigeria and any other educational institution recognised by any Government in Nigeria.

6. The Girl Guides of Nigeria.

7. Any hospital owned by the Government of the Federation or of a State or any University Teaching Hospital or any hospital which is carried on by a society or association otherwise than for the purpose of profits or gains to the individual members of that society or association.

8. The Institute of Medical Laboratory Technology.

9. The National Commission for Rehabilitation.

10. The National Library.

11.The Nigerian Council for Medical Research.

12. The National Science and Technology Development Agency.

13. The Nigerian Institute for International Affairs.

14. The Nigerian Institute for Oil Palm Research.

15. The Nigerian Institute for Trypanosomiasis Research.

16. The Nigerian Museum.

17. The Nigerian Red Cross.

18. A public fund established and maintained for providing money for the construction or maintenance of a public memorial relating to the civil war in Nigeria which ended on 15 January, 1970.

19. A public institution or public fund (including the Armed Forces Comfort Fund) established or maintained for the comfort, recreation or welfare of members of the Nigerian Army, Navy or Air Force.

20. A public fund established and maintained exclusively for providing money for the acquisition, construction, maintenance or equipment of a building used or to be used as a school or college by the Government of the Federation or a State or by a public authority or by a society or association which is carried on otherwise than for the purpose of profit or gain to the individual members of that society or association.

21. The National Youth Council of Nigeria.

22. National Sports Commission and its State Associations.

23. The Nigerian Society for the Deaf and Dumb.

24. The Society for the Blind.

25. The Nigerian National Advisory Council for the Blind.

26. Associations or Societies for the Blind in Nigeria.

27. Training Centres and Residential Schools for the Blind in Nigeria.

28. The National Braille Library of Nigeria.

29. The Nigerian Youth Trust.

30. Van Leer Nigerian Educational Trust.

31. Southern Africa Relief Fund.

32. Islamic Education Trust.

33. The Institute of Chartered Accountants of Nigeria Building Fund.

34. Murli T. Chellaram Foundation.

[No. 1 of 2007.]

35. Any public fund established or approved by the Government of the Federation or established by any of the State Governments in aid of or for the relief of drought or any other national disaster in any part of the Federation.

 

[No. 1 of 2007.]

36. A public institution established and maintained by a society or association for the promotion or defence of human rights, women empowerment and development or for re-orientation /rehabilitation/welfare support service for orphans, widows, physically challenged, refugees and all the categories of persons that may require social or economic rehabilitation and transformation or for youth empowerment and development which is carried on other than for the purpose of profits or gains to the individual members of the society or association or person.

[Inserted by the Amendment of the Fifth Schedule to the Companies Income Tax Act, Order No. 1 of 2011]

 

37. A public institution established and maintained by a society or association for Leadership and Resource Development or for the Promotion of National Unity and Patriotism or for the Promotion of Social and Economic Development which is carried on other than for the purpose of profits or gains to the individual members of the institution, society, association or person.

[Inserted by the Amendment of the Fifth Schedule to the Companies Income Tax Act, Order No. 1 of 2011]

 

38. A public institution or public fund established and maintained by a society or association for accident prevention and control activities or for information system development and awareness which is carried on other than for the purpose of profits or gains to the individual members of the institution, society, association or person.

[Inserted by the Amendment of the Fifth Schedule to the Companies Income Tax Act, Order No. 1 of 2011]

 

39. A public institution established and maintained by a society or association for creation of awareness for transparency in governance and electoral processes or for the promotion of national unity and patriotism which is carried on other than for the purpose of profits or gains to the individual members of the society, association, or person.

[Inserted by the Amendment of the Fifth Schedule to the Companies Income Tax Act, Order No. 1 of 2011]

 

40. Any public institution or public fund established and maintained by a society or association for museum development and promotion of sports, arts and culture which is carried on otherwise than for the purpose of profits or gains to the individual members of the society, association or person.

[Inserted by the Amendment of the Fifth Schedule to the Companies Income Tax Act, Order No. 1 of 2011]

 

41. Any public institution or public fund established and maintained by a society or association for rendering assistance in the provision of safe water, electricity, infrastructure and agricultural development which is carried on other than for the purpose of profits or gains to the individual members of the society, association, or person; and

[Inserted by the Amendment of the Fifth Schedule to the Companies Income Tax Act, Order No. 1 of 2011]

 

42. Any professional body established under an Act of the National Assembly for the regulation and practice of the profession.

[Inserted by the Amendment of the Fifth Schedule to the Companies Income Tax Act, Order No. 1 of 2011]

 

_______________________________________

SIXTH SCHEDULE

[Section 64 (2) and No. 21 of 1991.]

Warrant and authority to enter premises, offices, etc., under the Companies Income Tax Act, 1979

 

To (a) …………………………………………….

Name of Company (b) ………………………………………

Incorporation or Identification No. (c) ……………………………………………

Place of Business (d) ……………………………………………………….

 

The Federal Inland Revenue Service, in exercise of powers vested in it by section 64 of the Companies Income Tax Act (Cap. C21) hereby authorises you to enter the premises, office, place of management or residence of the principal officer, office of the agent, factor or representative of the company which company has been suspected by the Service of fraud, willful default, etc., in connection with the tax imposed under the aforesaid Act; and whose premises, office, place of management or residence of the principal officer, office of the agent, factor or representative is at (d) ……… ; and for the carrying out of your assignment, the said Service further authorises that you, with the aid (if necessary) of your assistants and calling to your assistance a police officer, which assistance the police officer is by law required to give, search and remove (if necessary) such records, books and documents of the company wherever they may be found either in possession of any officer of the company or any other person on its behalf.

For the purpose of your entry into the aforementioned premises, you are hereby authorised if necessary, with such assistance as aforesaid, to break open any building in the daytime.

Signed for and on behalf of the Federal Inland Revenue Service at ………………..this…………………day of ………………………. 20 …………………….Signature (e) …………………………Chairman, Federal Inland Revenue Service

 

NOTE

 

(a) Insert the name of the officer who is authorised by the Service to execute the warrant of entry.

(b) Insert the name of the company in whose premises the warrant of entry is to be executed.

(c) Insert the identification number of the company in whose premises the warrant of entry is to be executed.

(d) Insert the place of business of the company.

 (e) To be signed by the Chairman, Federal Inland Revenue Service..

[No. 21 of 1991.]

 

_______________________________

SEVENTH SCHEDULE

[Inserted by Finance Act 2019, s 23(b) (ii)]

DEDUCTIBLE INTEREST

 

1. Notwithstanding any provisions of this Act, where a Nigerian company, or a fixed base of a foreign company in Nigeria, incurs any expenditure by way of interest or of similar nature in respect of debt issued by a foreign connected person, the excess interest thereon shall be a disallowable deduction for the purpose of this Act.

 

2. For the purposes of paragraph 1, the excess interest shall mean an amount of total interest paid or payable in excess of thirty per cent of earnings before interest, taxes, depreciation and amortisation of the Nigerian company in that accounting period.

 

3. Nothing contained in paragraph 1 shall apply to a Nigerian subsidiary of a foreign company which is engaged in the business of banking or insurance.

 

4. Where for any assessment year, the interest expenditure is not wholly deducted against income, so much of the interest expenditure as has not been deducted, shall be carried forward to the following assessment year or assessment years, and it shall be allowed as a deduction against the profits, if any, of any business carried on by it and assessable for that assessment year to the extent permitted in accordance with paragraph 2:

Provided that no interest expenditure shall be carried forward under this paragraph for more than five assessment years immediately succeeding the assessment year for which the excess interest expenditure was first computed.

 

5. Any person who violates the provisions of this Schedule shall be liable to a penalty at ten per cent and interest at the Central Bank of Nigeria monetary policy rate plus a spread to be determined by the Minister on any adjustments made by the Service relating to excess interest charged in any year. 6. For the purposes of this section, the expressions-

 

(a) “Connected Persons’’ means-

 

(i) Any person controlled by or under common control, ownership or management,

(ii) Any person who is not connected but receives an implicit or explicit guarantee or deposit for the provision of corresponding or matching debt, or

(iii) Any related party as described under the Nigerian Transfer Pricing Regulations 2018.

(b) “Debt’’ means any loan, financial instrument, finance lease, financial derivative, or any arrangement that gives rise to interest, discounts or other finance charges that are deductible in the computation of income chargeable under the head “profits and gains of business or profession.