Treaties | State Laws | Standards/Regulations |
[We provide free online access to instruments listed below. Electronic PDF copies are available in singles, groups or as a compendium for a fee. Email lawnigeria@gmail.com and info@lawnigeria.com or text/call +234 706 7102 097]
Customised and Up-to-date [2017] PDFcompendium of the entire Laws of the Federation of Nigeria which is published in web-format on this website is available for a fee. The multiple user package is delivered in a reliable flashdrive and requires no internet, code or access to any server to activate. Just email lawnigeria@gmail.com & treentrees@gmail.com or info@lawnigeria.com or call 07067102097 to order.
|
TAXATION LEGISLATIONS, REGULATIONS AND GUIDELINES IN NIGERIA (FEDERAL) | |
Foundation: The Constitution of the Federal Republic of Nigeria |
||
1. |
Associated Gas Re-Injection Act | |
2. | ||
3. |
Companies Income Tax Act | |
4. |
Deep Offshore and Inland Basin Production Sharing Contracts Act |
|
5. |
Tertiary Education Trust Fund Act | |
6. | ||
7. |
Income Tax (Authorised Communications) Act | |
8. | ||
9. |
Industrial Inspectorate Act | |
10. | ||
11. |
Nigeria LNG (Fiscal Incentive Guarantees and Assurances) Act | |
12. | ||
13. |
Personal Income Tax Act | |
14. | ||
15. |
Value Added Tax Act | |
16. | ||
17. |
Taxes and Levies (Approved List for Collection) Act | |
18. |
OTHER TAX REGULATION AND GUIDELINE DOCUMENTS |
|
1. | |
2. |
Requirements for Funds, Bodies, Etc Regulations 2011 |
3. |
TAXATION LAW BILLS BEFORE THE NATIONAL ASSEMBLY |
|
1. |
WITH-HOLDING TAX, WHT, RATES IN NIGERIA
Nigeria requires companies and individuals to pay With-Holding Tax, WHT, on applicable or specified transactions connected to Nigeria. There is no distinction between the WHT rates for resident companies or individuals and non-resident companies or individuals.
PAYMENT OF WITH-HOLDING TAX
Nigeria requires companies to file WHT on any transaction within 21 days after the duty to deduct arose for deductions from companies. 10% of the amount not deducted and remitted is the statutory fine for failure to deduct or remit tax.
For effective compliance, companies are required to submit, in electronic form, a schedule of all their suppliers for the month showing the tax identification number (TIN), address of the suppliers, the nature of the transaction, WHT deducted, and invoice number.
Find applicable WHT on specified transactions below:
Payment/Transaction Type |
WHT – Companies (%) |
WHT – individuals (%) |
Dividends, interest, and rents |
10 | 10 |
Directors fees | N/A |
10 |
Hire of equipment |
10 | 10 |
Royalties | 10 |
5 |
Commission, consultancy, technical, service fees |
10 | 5 |
Management fees | 10 |
5 |
Construction/building (excluding survey, design, and deliveries) |
5 | 5 |
Contracts other than sales in the ordinary course of business | 5 |
5 |
DOUBLE TAX TREATIES (DTTS)
Nigeria has concluded Double Tax Treaties, DTTs with several countries. A DTT, to be binding on Nigeria must not only be signed by the appropriate authority, but needs to approved by the Federal Executive Council and then ratified by both chambers of the Nigerian National Assembly. A company resident in a country with no Double Tax Treaty with Nigeria pays a flat With-holding Tax, WHT rate of 10% of the value of any revenue from a dividend, interest, royalties, management or technical fees transaction while their contemporaries from a DTT country pays only rate prescribed in the treaty.
|
Dividend | Interest | Royalties | Management or Technical fees |
Non-treaty Country | 10 | 10 | 10 |
10 |
Below is a list of countries Nigeria has concluded DTT with. Some of the DTT, even though signed, are yet to be ratified by the National Assembly and so not fully applicable on the Nigerian side – even though it could be applicable to Nigerian companies in that country where prescribed steps for putting it into force has been concluded and was not made contingent on reciprocal ratification on Nigeria’s part.
S/N |
Country | Date/Place of Signing | Date of Entry into Force |
Effective Date |
1. |
Canada | 4th August, 1992 in Abuja | 16th November, 1999 | 1st January, 2000 |
2. | Pakistan | 10th October, 1989 in Lagos | 7th March, 1990 |
1st January 1991 |
3. |
Belgium | 20th November, 1989 in Brussels | 1st January, 1990 | 1st January, 1991 |
4. | France | 27th February, 1990 in Paris | 2nd May 1991 |
1st January, 1992 |
5. |
Romania | 21st July, 1992 in Abuja | 18th April, 1993 | 1st January, 1994 |
6. | Netherlands | 11th December, 1991 in Lagos | 9th December, 1992 |
1st January, 1993 |
7. |
United Kingdom | 9th June, 1987 in London | 1st January,1988 | 1st January, 1989 |
8. | China | 15th April, 2005 in Abuja | 21st March, 2009 |
1st January, 2010 |
9. |
South Africa | 29th April, 2000 in Cape Town | 5th July, 2008 | 1st January, 2009 |
10. | Italy | 22nd February, 1976 in Lagos | 1977 |
1st January, 1978 |
11. |
Philippines | 30th September, 1987 in Manila | 18th August 2013 | 1st January, 2014 |
12. | Czech Republic | 31st August 1989 in Lagos | 2nd December, 1990 |
1st January, 1991 |
13. |
Slovakia | 31st August 1989 in Lagos | 2nd December, 1990 | 1st January, 1991 |
14. | United Arab Emirates | 19 January, 2016 | NA |
NA |
15. |
Kenya | September 6, 2013. | NA | NA |
16. | Mauritius | Nigeria and Mauritius signed a DTA on August 10, 2012. | NA |
NA |
17. |
Poland | 12 February, 1999 | NA | NA |
18. | South Korea | 6 November 2006 | (Legislative Ratification Pending) |
NA |
19. |
Spain | 18 November 2004 | NA | NA |
20. | Sweden | Signed, November 2004. | [Sweden completed ratification procedures in 2005] |
December 12, 2012 (Ratified by Nigeria) |
21. |
Singapore | November 16, 2016.(Approved by Nigeria’s Federal Executive Council) | Yet to be approved by the National Assembly | NA |
22. | Qatar | February 28, 2016 (Approved by Federal Executive Council) | Yet to be approved by the National Assembly |
NA |
NIGERIA: DOUBLE TAXATION RATE FOR TREATY COUNTRIES
Country-Recipient |
WHT (%) | |||
Dividend | Interest | Royalties |
Management or Technical fees |
|
Belgium |
7.5 | 7.5 | 7.5 | 10 |
Canada | 7.5 | 7.5 | 7.5 |
10 |
China |
7.5 | 7.5 | 7.5 | 10 |
Czech Republic | 7.5 | 7.5 | 7.5 |
10 |
France |
7.5 | 7.5 | 7.5 | 10 |
Netherlands | 7.5 | 7.5 | 7.5 |
10 |
Pakistan |
7.5 | 7.5 | 7.5 | 10 |
Philippines | 7.5 | 7.5 | 7.5 |
10 |
Romania |
7.5 | 7.5 | 7.5 | 10 |
Slovakia | 7.5 | 7.5 | 7.5 |
10 |
South Africa |
7.5 | 7.5 | 7.5 | 10 |
South Korea * | 7.5 | 7.5 | 7.5 |
10 |
Spain * |
7.5 | 7.5 | 7.5 | 10 |
Sweden * | 7.5 | 7.5 | 7.5 |
10 |
United Kingdom |
7.5 | 7.5 | 7.5 | 10 |
Non-treaty Countries | 10 | 10 | 10 |
10 |
Country-Recipient |
WHT (%) | |||
Dividend | Interest | Royalties |
Management or Technical fees |
|
Belgium |
7.5 | 7.5 | 7.5 | 10 |
Canada | 7.5 | 7.5 | 7.5 |
10 |
China |
7.5 | 7.5 | 7.5 | 10 |
Czech Republic | 7.5 | 7.5 | 7.5 |
10 |
France |
7.5 | 7.5 | 7.5 | 10 |
Netherlands | 7.5 | 7.5 | 7.5 |
10 |
Pakistan |
7.5 | 7.5 | 7.5 | 10 |
Philippines | 7.5 | 7.5 | 7.5 |
10 |
Romania |
7.5 | 7.5 | 7.5 | 10 |
Slovakia | 7.5 | 7.5 | 7.5 |
10 |
South Africa | 7.5 | 7.5 | 7.5 | 10 |
South Korea * | 7.5 | 7.5 | 7.5 | 10 |
Spain * |
7.5 | 7.5 | 7.5 | 10 |
Sweden * | 7.5 | 7.5 | 7.5 |
10 |
United Kingdom |
7.5 | 7.5 | 7.5 | 10 |
Non-treaty Countries | 10 | 10 | 10 |
10 |
* The tax treaties with South Korea, Spain, and Sweden are still being ratified.
TREATIES – NIGERIAN DOUBLE TAXATION AGREEMENTS, DTA WITH OTHER AFRICAN COUNTRIES** |
|||||
|
Country | Status | Date of Signature | Date of Entry into Force | Text (Access) |
1. | Kenya | September 6, 2013. |
|
||
2. |
Mauritius | August 10, 2012. | |||
3. | South Africa | Comprehensive | 29th April, 2000 | 5th July, 2008
[1st January, 2009] (Effective Date) |
|
TAXATION LAW BODIES
FEDERATION TAX BODY |
FEDERAL TAX AUTHORITIES IN NIGERIA |
STATE TAX BODIES |
ADAMAWA |
AKWA IBOM |
ANAMBRA |
BAUCHI Bauchi State Board of Internal Revenue |
BAYELSA |
BORNO Borno State Internal Revenue Service |
CROSS RIVER |
Enugu State Board of Internal Revenue |
Gombe State Internal Revenue Service |
Imo State Board of Internal Revenue |
JIGAWA Jigawa State Board of Internal Revenue Service
|
Katsina State Board of Internal Revenue |
Kebbi State Board of Internal Revenue |
Kogi State Board of Internal Revenue |
Niger State Board Of Internal Revenue |
Yobe State Board of Internal Revenue |
Zamfara State Board of Internal Revenue |
INTERNATIONAL TAX BODIES
International Tax Dialogue, ITD
International Tax Planning Organisations, ITPO
Commonwealth Association of Tax Administrators
International Tax Planning Association, ITPA
Organisation for Economic Co-operation and Development (OECD)
African Tax Administrators Forum
For regulation/standard watch, research or regulatory compliance support services, contact