ND 2 Taxation
ND 2 Taxation
PRINCIPLES OF TAXATION
WHAT IS TAX?
Taxes are coercive contributions levied by a government entity. The target is all
individuals and companies that are included. The collected taxes will go into the
state treasury to fund various kinds of public expenditures, the ultimate goal of
which is the prosperity or welfare of the people.
I. The subjects of every state ought to contribute towards the support of the
government, as nearly as possible, in proportion to their respective abilities; that
is, in proportion to the revenue which they respectively enjoy under the protection
of the state.…
II. The tax which each individual is bound to pay ought to be certain, and not
arbitrary. The time of payment, the manner of payment, the quantity to be paid,
ought all to be clear and plain to the contributor, and to every other person.…
III. Every tax ought to be levied at the time, or in the manner, in which it is most
likely to be convenient for the contributor to pay it.…
IV. Every tax ought to be so contrived as both to take out and keep out of the
pockets of the people as little as possible over and above what it brings into the
public treasury of the state.…
(1) the belief that taxes should be based on the individual's ability to pay,
known as the ability-to-pay principle
The ability-to-pay principle requires that the total tax burden will
be distributed among individuals according to their capacity to
bear it, taking into account all of the relevant personal
characteristics. The most suitable taxes from this standpoint are
personal levies (income, net worth, consumption,
and inheritance taxes). Historically there was common agreement
that income is the best indicator of ability to pay
EQUITY OR FAIRNESS– This implies that every tax payer should pay in proportion to his
income. It is based on the payer's ability to pay.
CERTAINTY– This implies that the taxpayer must know the time of payment, the manner of
payment as well as the amount of tax to be paid.
EFFICIENT- Tax efficiency is when an individual or business pays the least amount of taxes
required by law. A taxpayer can open income-producing accounts that are tax deferred, such as
an individual retirement account (IRA) or a 401(k) plan. Tax-efficient mutual funds are taxed at a
lower rate relative to other mutual funds.
IMPORTANCE OF TAXES
Tax revenue is the primary source of funding for development in almost all nations.
Therefore, the range of facilities and the standard of public services will be
impacted by tax contributions.
Indirect Taxes, namely taxes that are imposed on taxpayers when carrying out certain events
or actions that are tax objects.
EXAMPLES
1. Withholding Tax
2. Value Added Tax
3. Customs Duties
4. Excise Duties
5. Sales Tax
6. Entertainment Tax
7. Service Tax
8. Stamp Duty
Assessment Year (AY) is the year when the government evaluates or checks your
income to calculate how much tax you need to pay. It comes after the year in which
you earned the income. For example, if you earned income in the year 2022, the
Assessment Year would be 2023-2024. It’s the year when the government looks at
your income and decides how much tax you owe.
8. Surcharge
A tax surcharge is like an extra fee added to the regular tax you have to pay. It is
imposed on people with higher incomes or certain types of income, such as capital
gains, dividends, interest income, rental income, and other sources of income apart
from regular salary income. The surcharge is calculated as a percentage of your tax
amount and is meant to increase the overall tax you owe. It helps the government
collect more money from those who earn more or have specific types of income.
9. Advance Tax
Advance tax is a system where you estimate and pay your taxes in installments
throughout the year rather than waiting until the year’s end. It applies to
individuals, professionals, and businesses whose tax liability exceeds a specified
amount. By making regular payments, it helps you manage your tax obligations and
avoid a large tax burden at the end of the year.
CHAPTER TWO
ADMINISTRATIVE MACHINERIES AND INCOME TAX REGULATIONS IN NIGERIA
ADMINISTRATIVE STRUCTURE OF NIGERIA INCOME TAX SYSTEM
Nigeria has a decentralized tax system in which each level of government is in charge of
handling taxes within its own area of responsibility. Nigeria collects taxes from all levels of
government and uses the proceeds to pay for its expenditures. For taxes owed to each level of
government, a body has been established.
Taxes are established by law in Nigeria. Such tax must have been passed into law through
enactment of relevant statute (Act, By-law, decree among others). The tax law establishes the
administrative body and specify its tax jurisdiction. Tax structure in Nigeria is tailored towards
Nigerian governance hierarchy (Federal, State and Local Government).
Taxes are established by law in Nigeria. By implication, such tax must have been passed into
law through enactment of relevant statute (Act, By-law, decree among others). The tax law
establishes the administrative body and specify its tax jurisdiction. Tax laws impose tax at a
predetermined rate on specified income, profit, gain, and value of transactions of taxable
persons. These laws are amended from time to time in view of meeting present economic
situation, complexity of financial transaction, welfare, and social needs.
Tax structure in Nigeria is tailored towards Nigerian governance hierarchy (Federal, State and
Local Government). Nigeria operates a decentralized tax system where each level of
government is independently responsible for the administration of taxes within its jurisdiction.
Nigeria generate revenue to fund government expenditure through a pool of taxes from each tier
of government. A body is established for taxes due to each tier of government.
Tax Authorities
Federal Inland Revenue Service (FIRS) is the body that is responsible for the administration of
taxes that are due to the federal government. The various state boards of internal revenue
administer taxes that are due to state governments while the local government revenue
committees administer taxes that are due to local governments. However, joint tax board
advise, harmonize double taxation, and propose amendment.
Taxes
Companies Income Tax, Education Tax, Stamp Duties, Custom Duties, Excise Duties,
Withholding Tax and Value Added Tax are the major taxes administered by Federal Inland
Revenue Service, the State Board of Internal Revenue majorly administer Personal Income Tax
and Withholding Tax, while Local Government majorly administer levies.
Taxes are established by tax statutes which form the basis of tax administration. These tax
statutes usually specify the tax rate, due date, basis of assessment, offences, and penalties of
the identified taxes.
Sanction: Contravention with provision of relevant tax statute may lead to penalty or conviction.
Contravention include failure to furnish required information or failure to keep required record, or
any other non-compliance with relevant provision of required tax statute.
Tax education and awareness: This is usually done through issuance of tax circulars and
other publications to aid taxpayer’s understanding of tax statutes.
Personal income refers to the total earnings or revenue received by an individual from
various sources during a given period, typically a financial year. It encompasses all the
money an individual earns from different activities and sources, both employment-related
and non-employment-related.
Eligibility to file
All Nigerian residents aged 18 and above earning income from Nigerian sources are
required to file personal income tax returns. This includes salaried employees, self-
employed individuals, and those with other sources of income such as investments,
rental income, or business income.
All members of the armed forces who received employment income (salaries,
allowances etc.) during the tax year are also required file annual Personal Income
Tax returns.
Non-residents receiving Nigerian-sourced income are also required to file tax
returns.
You can file your personal income tax return electronically via the e-Filing portals
provided by the Federal Inland Revenue Service (FIRS) or the State Board Internal
Revenue Service (SIRS) where you reside.
Alternatively, you can submit paper tax returns at the nearest FIRS or SIRS tax
office. Tax office locator
You can also use the services of an accredited tax professional or agent. Tax agents
Required documents
To file your personal income tax returns, it is required that you have the following documents
How to file
Depending on your preferred method, you can use either of these options available:
Manual Filing
When filing your personal income tax returns, you may be eligible for various tax deductions
and credits, such as:
It is essential to consult with a tax professional or refer to the relevant tax regulations
to understand the deductions and credits available to you.
Both the State Internal Revenue Service and the FIRS typically provide mechanisms for
tracking the status of your filed personal income tax returns. This may involve checking
online portals, contacting designated helplines, or visiting the tax offices in person.
The deadline for filing personal income tax returns in Nigeria is typically on an annual basis,
with the specific date varying across states and the FIRS. It is crucial to adhere to these
deadlines to avoid penalties and interest charges.
Filing Due Date is 90 days after end of the tax year (March 31) for employed
individuals
For self-employed/businesses it's 6 months after accounting year end
If you fail to file your personal income tax returns or pay the owed taxes on time, you
may be subject to penalties and interest charges imposed by the tax authorities. The
penalties can include fines, interest charges, or legal consequences in cases of non-
compliance.
Disputes
Withholding Tax is an advance tax deducted at source from certain types of payments made to
individuals or companies. It is withheld by the payer and remitted directly to the relevant tax
authorities.
Any individual resident in Nigeria who earns income from employment, business, profession,
trade, or vocation is subject to tax.
The state tax authority of the individual's place of residence administers all such taxes.
The payment of taxes is a statutory responsibility for businesses in Nigeria. This obligation is
statutory as it is imposed by law and the failure to comply could be met with applicable
sanctions which may include fines and a term of imprisonment in severe tax evasion cases.
The imprisonment term may be imposed on the directors who are responsible for the day-to-day
management of the company. The primary legislation that imposes tax obligations
on companies in Nigeria is the Companies Income Tax Act 2007.
The applicable taxes for businesses under this law are determined by turnover. Large
businesses with a turnover of N100million and above are charged 30% of the profit as tax.
Medium size businesses with an annual turnover margin of over N25million but below
N100milion are charged 20% of the profit margin.
The primary legislation that imposes tax obligations on companies in Nigeria is the Companies
Income Tax Act 2007. The applicable taxes for businesses under this law are determined by
turnover.
Large businesses with a turnover of N100million and above are charged 30% of the profit as
tax. Medium size businesses with an annual turnover margin of over N25million but below
N100milion are charged 20% of the profit margin.
The Federal Government, in a bid to promote the business clime to make it a desirable
investment destination for investors passed into law certain legislations to relax some of these
tax obligations placed on businesses in Nigeria.
Some of these legislations that provide tax exemptions for businesses are examined below.
Exemption from Payment of Companies Income Tax for Small Businesses
The Companies Income Tax Act 2007 is the primary legislation which imposes tax obligations
on businesses in Nigeria. As already examined, this law places a tax obligation ranging from
30% to 20% of the total profit of businesses depending on the annual turnover.
In a bid to promote the ease of doing business in Nigeria, the Finance Act 2019 was passed into
law.
This piece of legislation amended the Companies Income Tax Act to exclude small businesses
with a turnover not exceeding N25million from payment of Companies Income Tax.
Therefore, small businesses with this turnover margin are exempted from payment of
Companies Income Tax in Nigeria. Small businesses in Nigeria are businesses having an
annual turnover which does not exceed N25million.
The Tertiary Education Trust Fund (Establishment Etc.,) Act, 2011 places a tax obligation of 2%
of the profit of businesses in Nigeria to be paid as tertiary education tax.
Following the passage into law of the Finance Act 2020 (as amended), small businesses are
again exempted from payment of the mandatory tertiary education tax which is applied by the
government to co-fund tertiary education in Nigeria.
Businesses operating in an industry designated by law as a pioneer industry are exempted from
payment of tax for their formative years. This is to enable these businesses reinvest their profit
to develop such pioneer industry.
Nigeria currently has approximately 71 (seventy-one) pioneer industries. Some of these pioneer
industries include agriculture, mining and quarrying, manufacturing, electricity and gas supply,
construction, trade, information, and communication.
This resource is useful for businesses exploring the possibility of a tax exemption for businesses
in pioneer industries. The NIPC is the government agency saddled with the responsibility of
granting this tax exemption to businesses.
The pioneer industry tax exemption is only applicable for a period of (5) five years through the
grant of an initial period of 3 (three) years with a 1 (one) year renewal and another 1 (one) year
additional renewal.
Therefore, this tax is only applicable to businesses with 25 (twenty-five) employees and more.
A Free Trade Zone can be operated by the public or private sector or a combination of both the
public and private sector as a public private partnership (PPP).
Nigeria currently has an estimated 42 (forty-two) free zones spread across the country which
includes the Calabar Free Trade Zone, Lekki Free Zone, Kano Free Zone and Lagos Free
Trade Zone.
In Nigeria, just as it is applicable in other countries, businesses operating in the free zone are
exempted from payment of the mandatory companies’ income tax and other applicable taxes.
In addition, businesses are equally granted duty free importation of raw materials, waiver on all
import and export duties and the ability to repatriate all its capital and profit to a foreign
destination.
Conclusion
There are several applicable tax exemptions in Nigeria which makes Nigeria an attractive
investment destination for foreign businesses and already existing local businesses.
These exemptions, if properly harnessed by businesses could provide a leeway for businesses
to trade and maximize profit.
1. The main purpose of CITN is to promote tax research in Nigeria and to equip its
members with the right knowledge and skills to become Tax Administrators and
Practitioners.
2. The organization provides education and training, conducts research, and collaborates
with other organizations to promote taxation in Nigeria.
3. To raise, maintain and regulate the standard of taxation practice amongst its members.
4. To promote professional ethics and efficiency in tax administration and practice.
CHAPTER THREE
MEANING OF RESIDENCE
A person is considered resident if one is physically in Nigeria for at least 183 days (including
leave and temporary absence) in any 12-month period.
(ii) sojourns in Nigeria for a period or periods, in all, amounting to an aggregate of 183 days or
more in a 12-month period (inclusive of annual leave or temporary period of absence)
NON RESIDENT
Imagine a person who lives in Mkpat Enin, but works in Uyo. That person would have to file two
state tax returns: one for the state of residence (Mkpat Enin), and one for Uyo, where they earn
income. Or, consider someone with a home in New York, and a summer home in Florida.
RESIDENCE IN RELATION TO EARNED INCOME
An individual who has earned income in Nigeria for a year of assessment (other than from an
employment or a pension) shall be deemed to be resident for that year in the territory in which
he had a place or principal place of residence on the first day of the assessment year (1st
January).
Examples of income that isn’t considered earned include government benefits such as
payments from the Temporary Assistance for Needy Families program, unemployment
payments, workers’ compensation payments, and Social Security.
With regard to an individual with an unearned income, the place or principal place of residence
is determined by identifying where the individual's place or principal place of residence is
located on the 1st day of January of the year when he earned such unearned income.
Similarly, a person who rents out a property and earns rental income without actively managing
the property can also be considered to be earning unearned income. Inheritance money
received by an heir is another example of unearned income.
An individual is deemed a resident in Nigeria if the individual exercises the duties of his
employment in Nigeria.
In Nigeria, the link between employment and place of residence is significant, particularly for tax
liability. An individual is considered resident for tax purposes if they are physically in Nigeria for
at least 183 days in a 12-month period, or if they are a diplomat or diplomatic agent of Nigeria
abroad. This residency status affects their tax obligations, regardless of whether they are
employed or self-employed, or where they work in Nigeria. :
Tax Residency:
A person's place of residence in Nigeria is the primary factor determining their liability to pay
income tax. If they meet the residency criteria, they are subject to Nigerian income tax on their
global income, while non-residents are taxed only on income sourced within Nigeria.
Impact on Employment:
An individual's place of residence is crucial for determining their tax obligations if they are
employed in Nigeria, even if they work remotely or are based in a different location.
Self-Employment:
The place of residence also affects the tax liabilities of self-employed individuals, as they are
taxed on income generated within Nigeria, regardless of their physical location.
Unearned Income:
Even without an earned income source in Nigeria, an individual may be considered a resident
if they have unearned income (like dividends or rental income) in Nigeria. The place where the
unearned income arises, if they have no other place of residence, also determines residency.
Expatriate Employees:
Foreign workers employed in Nigeria are also subject to the same tax residency rules. They
must obtain a Certificate of Expatriate Resident Permit and Registration (CERPAC) to legally
work in Nigeria.
Retirees with just pension income are not liable to pay taxes. However, if such a retiree has
additional sources of income, such as interest, dividends, rental income, capital gains, or
royalties, they may be required to pay taxes on that extra income
Social Security/Nigerian Pension Scheme Taxable income is assessed to tax at graduated rates
ranging from 7 percent to 24 percent, depending on the income band being assessed. Non-
residents are subject to the same tax rates as residents. The maximum tax rate is currently 24
percent of an individual's income.
A "principal place of residence" (also known as a "principal private residence" or PPOR) is the primary
home where you live and where you intend to live long-term. It's the place you consider your true, fixed,
and permanent home.
Primary Residence:
The term refers to the house or apartment where you primarily live and maintain your belongings.
Long-Term Intention:
It signifies the location where you intend to return to whenever you are away.
Not Just Temporary Stays:
It's distinct from temporary lodging, such as a hotel or a house used for vacations.
Proof of Residence:
Factors like your personal belongings being there, your mail being delivered there, and your address on
the electoral roll can help establish your PPOR.
Tax Implications:
The concept of PPOR is relevant in many contexts, including property tax exemptions and capital gains
tax rules.
Nigerian Context:
In Nigeria, residence is determined based on where you live and not necessarily your citizenship.
Multiple Residences:
If you have more than one residence, your principal place of residence is the one that you primarily live
in and where your income is earned or you have other sources of income, like a pension, according to
an article on LinkedIn .
Object:
An objection is a formal protest or challenge to a decision. It can be filed against a decision that
you disagree with, such as a negative decision on your residence permit application or a tax
assessment.
Appeal:
If an objection is not successful, you can appeal the decision to a higher authority. This is a
formal request for a review of the original decision by a different body, often a court.
Residence Permit:
If your application for a residence permit is denied, you can file an objection with the relevant
authority. If the objection is rejected, you can appeal to the courts.
Tax Assessment:
If you disagree with a tax assessment related to your property or residence, you can file an
objection. If the objection is denied, you can appeal the decision to a tax tribunal or court.
In essence, the object (objection) is the initial challenge to a decision, while the
appeal is a further step to seek a review of the decision if the initial challenge fails.
In the context of a residence-based legal system, an object refers to a legal
challenge or objection to a decision, such as a residence permit or tax
assessment. An appeal is a request to a higher court to review a lower court's
decision or the decision of an administrative body like the IND (Immigratie- en
Naturalisatiedienst).
Explanation:
Object:
An objection is a formal protest or challenge to a decision. It can be filed against a decision that
you disagree with, such as a negative decision on your residence permit application or a tax
assessment.
Appeal:
If an objection is not successful, you can appeal the decision to a higher authority. This is a
formal request for a review of the original decision by a different body, often a court.
Residence Permit:
If your application for a residence permit is denied, you can file an objection with the relevant
authority. If the objection is rejected, you can appeal to the courts.
Tax Assessment:
If you disagree with a tax assessment related to your property or residence, you can file an
objection. If the objection is denied, you can appeal the decision to a tax tribunal or court.
In essence, the object (objection) is the initial challenge to a decision, while the appeal is a
further step to seek a review of the decision if the initial challenge fails.
WHEN TO APPEAL
Similarly, Section 30 of the Tax Appeals Tribunal Act reinforces this principle, stating that the
appellant (usually the taxpayer) must prove: That an assessment is excessive, or. That a tax
decision should not have been made or should have been made differently.
If your objection is disallowed or partially disallowed, you can appeal within 30 business days of
the date of the notice of disallowance. You can do this online or at a SARS branch. Your appeal
must include a notice of appeal form, a statement of the grounds for your appeal, and any
supporting documentation.
RESOLUTION OF APPEALS
Tax disputes in Nigeria are primarily resolved by the courts and the Tax Appeal Tribunal.
CHAPTER FOUR
INTRODUCTION
. Reliefs and allowances are meant to reduce the tax burden of the individual in recognition of his
personal financial responsibilities. They are deductions allowed to individual taxpayers in a year of
assessment to reduce the chargeable income of such individuals. Reliefs and Allowances and Tax Exempt
Deductions Reliefs and allowances are deductions available to individual taxpayer under the Personal
Income Tax Act Cap P8 LFN 2004 (as amended) to lighten his tax burden. In addition to the reliefs and
allowances, Personal Income Tax (Amendment) Act, 2004 (as amended), also provides that certain
deductions shall be tax exempted under the sixth schedule to the. Below are the reliefs and allowances
(including tax exempt deductions) available under the law:
Gross Emolument means wages, salaries, allowances (including benefits in kind), gratuities,
superannuation and any other income derived solely by reason of employment. Gross Income means
“all incomes from whatever source derived, unless excluded by law”.
Gross income is not limited to cash received. It includes incomes realized in any form, whether money,
property, or services going by the foregoing definition, it is obvious that gross income encompasses all
income of a taxpayer, whether received in cash, in kind or in any form (excluding income specifically
exempted). However, for purpose of CRA computation, Gross income shall be defined as the total
income (excluding Franked investment Income (FII)) of a taxpayer i.e. Earned income plus unearned
income (excluding FII).
Benefits in Kind (BIK) These are expenses incurred by an employer for the benefit of an employee apart
from his salary or allowance. Some BIKs are taxable while some are not. The benefits in kind exempted
from tax are;
(b) National Housing Fund Contribution The National Housing Fund Act of 1992 provides that a Nigerian
earning an income of N3,000 and above per annum in both the public and the private sectors of the
economy shall contribute 2.5 per cent of his basic monthly salary to the Fund. The employer is to deduct
the contribution from the contribution from the employee’s monthly salary and to the Federal Mortgage
Bank of Nigeria within one month of making the deduction. The Act mandates the Federal Mortgage
Bank of Nigeria to collect, manage and administer the fund. Contributions made to the fund are tax
deductible.
(c) National Health Insurance Scheme The National Health Insurance Scheme (NHIS) was set up by The
National Health Insurance Scheme Act, 1999 for the purpose of providing health insurance which shall
entitled persons insured under the scheme and their dependants the benefits of prescribed good quality
and cost effective health services as set out in the Act. The Act provides that an employer who has a
minimum of ten employees may, together with every person in his employment, pay contribution under
the scheme, at such rate and in such manner as may be determined, from time to time, by the
Governing Council for the Scheme. An employer under the scheme shall cause to be deducted from an
employee’s wages the negotiated amount of any contributions payable by the employee. The
employer’s contributions and the contributions in respect of its employee are to be paid into the
account of a designated health maintenance organization. Contributions to the scheme are tax
deductible.
(d) Life Assurance Premium A deduction of the annual amount of any premium paid by the individual
during the year preceding the year of assessment to an insurance company in respect of insurance on
his life or the life of his spouse, or for a contract for a deferred annuity on his own life or the life of his
spouse;
(e) National Pension Scheme. The Pension Reform Act 2004 establishes a uniform contributory pension
scheme for payment of retirement benefits of employees. The scheme applies to all employees in both
the public sector and private sector who are in employment in an organisation in which there are 5 or
more employees. The rate of contribution to the scheme shall be a minimum of 7.5% of employee’s
monthly emolument (i.e. Basic salary, Housing Allowance and Transport Allowance) as contribution for
employer and minimum of 7.5% contribution for employee in both the public and private sector except
the Military in which case a minimum of 12.5% contribution for the employer and a minimum of 2.5%
for the employee. However, contributions made by an employee to the Scheme shall be tax-deductible.
Notwithstanding the foregoing mode of contribution to the scheme. , an employer may agree or elect to
bear the full burden of the Scheme, provided that in such a case the employer’s contribution shall not be
less than 15% of the monthly emoluments of the employee. The Act further provides that in addition to
the rates of contribution highlighted above, employers shall maintain life insurance policy in favour of
the employee for a minimum of three times the annual total emolument of the employee. A new
Pension Reform Bill was signed into law by President Goodluck Jonathan on 1st July, 2014 to replace the
old Pension Reform Act, 2004. The new pension law introduced several key changes including: Increase
in the minimum contribution into the scheme as follows: Employers are now required to contribute a
minimum of 10% of their employees’ monthly emolument and employees are to contribute a minimum
of 8%. A private sector entity would now be subject to the scheme where it has 15 or more
employees. The Act now imposes a 10 years jail term for persons found guilty of misappropriating
pension funds.
(f ) Gratuities Gratuity is money paid to an employee who is retiring or leaving his employer after
several years of service. Gratuity is tax deductible. Rate of Tax and Ascertainment of Tax Liability Having
ascertained the reliefs and allowances claimable, such are deducted from the Total income of the
individual in order to arrive at the Chargeable income to which the graduated tax rates are applied in
order to obtain the tax payable. The graduated rates currently applicable are as follows:
Minimum Tax
Where there is no Chargeable income for an individual or where the tax payable on the Chargeable
income of that individual is less than 1 per centum of his Total income, the individual shall be charged to
tax at the rate of 1 per centum of his Total income. In essence, minimum tax at the rate of 1% of Total
income shall be payable where:
(a) The taxpayer has no taxable income because of large personal reliefs; or
(b) Taxable income produces tax payable lower than minimum tax; or
Some allowances and reliefs are not taxable and can be used to reduce taxable income. For
instance, consolidate relief allowance, gratuities, contributions on the approved pension fund,
and premiums on life insurance policy..
CHAPTER FIVE
TAXABBLE INCOMES
Income sources encompass a wide range of avenues for earning money, including wages and
salaries, business income, investment income, and government benefits, among others. In
essence, any compensation received for labor, investment, or business ventures is considered an
income source.
Here's a more detailed breakdown of common income sources:
1. Earned Income:
Wages and Salaries:
Compensation received for employment, including hourly wages, fixed salaries, and bonuses.
Tips and Commissions:
Additional income received for excellent customer service or sales performance.
Self-Employment Income:
Profits earned from running a business, freelancing, or providing consulting services.
Business Income:
Revenue generated from a business, including sales, profits, and any other revenue streams related to the
business.
2. Investment Income:
Interest Income:
Earnings from interest-bearing accounts like savings accounts, certificates of deposit, and bonds.
Dividend Income:
Payments received from owning shares of stock in a company.
Capital Gains:
Profits made from selling assets like stocks, real estate, or other investments.
Rental Income:
Revenue generated from renting out property, such as houses, apartments, or commercial spaces.
3. Other Income Sources:
Royalties: Payments received for the use of intellectual property like copyrights, patents, or trademarks.
Pensions: Regular payments received from retirement accounts.
Gifts and Inheritances: Money received from family or friends as gifts or through inheritance.
Government Benefits: Payments from government programs, such as unemployment benefits, social
security, or other social welfare programs.
Non tax revenue is income that the government earns from sources
other than through taxes. This includes earnings from dividends
from investments in public sector undertakings (PSUs), interest on
loans and fees for various services provided.
Non tax revenues offer a steady and reliable income stream, helping
cover the cost of government services and adding to the
government’s overall revenue.
Now that you understand non tax revenue definition, let’s have a
look at some of the non tax revenue sources:
Interest
Examination Fees
Petroleum Licence
This is the fee paid to obtain exclusive rights for oil and gas
exploration in specific regions. This fee may include royalties, a
share of profits earned from the contract areas, Petroleum
Exploration License (PEL) fee, or Production Level Payment (PLP).
Broadcasting Fees
This covers revenue collected by toll plazas for the use of bridges,
national highways, etc.
The Bottomline
CHAPTER SIX
ALLOWABLE AND DISALLOWABLE DEDUCTIONS
Individual –
Deductions
Deductions for tax purposes are granted if the expenses meet the criteria
for allowable deductions. Allowable deductions are expenses incurred
wholly, exclusively, necessarily, and reasonably in the production of
taxable income
Employment expenses
Personal deductions
Healthcare expenses
Relief for life insurance premiums (including deferred annuities) for the taxpayer
and the taxpayer's spouse is restricted to the actual premium paid to an insurance
company by the individual during the year preceding the year of assessment. In
relation to a deferred annuity product, any portion withdrawn before the end of
five years from the date the premium was paid will be subject to income tax at the
point of withdrawal.
Standard deductions
Personal allowances
Allowance Limit
Consolidated relief Higher of NGN 200,000 or 1% of gross income plus 20% of gross income *
allowance
As a result of the consolidated relief allowance of at least 21% of gross income, the
top marginal tax rate is 18.96% for income above NGN 20 million as only 79% of
income is taxed at 24%; however, for income below NGN 20 million, the marginal
rate is 19.2%.
* 'Gross income' means income from all sources less all non-taxable income, income
on which no further tax is payable, tax-exempt items listed in paragraph two of the
sixth schedule, and all allowable business expenses and capital allowances.
Business deductions
You can determine your AGI by calculating your annual income from wages and other income
sources (gross income), then subtracting certain types of payments, such as student loan
interest, alimony, retirement contributions, or health savings account contributions, you've made
during the year.
ASSIGNMENT
You can determine your AGI by calculating your annual income from
wages and other income sources (gross income), then subtracting
certain types of payments, such as student loan interest, alimony,
retirement contributions, or health savings account contributions,
you've made during the year.
Once you have your adjusted gross income, you can use that
number to determine your taxable income by taking either the
standard deduction or itemizing to further reduce your liability. Your
AGI can also help you figure out which tax credits might be able to
save you money.
How to calculate adjusted gross income
In general, the formula for calculating AGI starts with determining
your gross income. Gross income includes money earned from
most sources:
Jobs.
Investments.
Social Security.
Retirement income.
Pensions.
Businesses.
Real estate.
Farms.
Unemployment.
You can then subtract the following from your gross income:
Educator expenses (books, supplies, equipment).
Certain business expenses.
Deductible HSA contributions.
Moving expenses for military members.
Deductible self-employment taxes.
Contributions to retirement plans (e.g., SEP, SIMPLE) or health
insurance for self-employed people.
Penalties on early withdrawals of savings.
Alimony paid.
Deductible IRA contributions.
Student loan interest.
BASIS OF ASSESSMENT
Many taxpayers are confused between the Financial Year (FY) and the Assessment Year (AY).
They often tend to treat them as the same, which leads to making mistakes when they file
their income tax returns.
FINANCIAL YEAR
A Financial Year (FY) is the 12-month period between 1 April and 31 March – the accounting
year in which you earn an income.
ASSESSMENT YEAR
The assessment year (AY) is the year that comes after the FY. This is the time in which the
income earned during FY is assessed and taxed. Both FY and AY start on 1 April and end on 31
March. For instance, for FY 2024-25, the assessment year is AY 2025-26.
The assessment year (AY) is the year that comes after the FY. This is the time in which the
income earned during FY is assessed and taxed. Both FY and AY start on 1 April and end on
31 March. For instance, for FY 2024-25, the assessment year is AY 2025-26.
From an income tax perspective, Financial Year (FY) is the year in which you earn an income.
Assessment Year (AY) is the year following the financial year in which you have to evaluate the
previous year’s income and pay taxes on it.
For instance, if your financial year is from 1 April 2024 to 31 March 2025, then it is known as FY
2024-25. The assessment year for the money earned during this period would begin after the
financial year ends – that is, from 1 April 2025 to 31 March 2026. Hence, the assessment year
would be AY 2025-26.
BASIS PERIOD
A basis period is the time period for which a sole trader or partnership pays tax each year.
Usually your business's basis period will be the same as its accounting year.
A basis period is the time period for which a sole trader or partnership pays tax each
year.
Usually your business’s basis period will be the same as its accounting year.
In the early years of your business’s life, if you are not preparing accounts to match the tax
year, you will have to work out your profit for basis periods that don’t match your accounting
year, and include those on your tax returns.
This often results in you having to pay tax twice on the same profits - but you will have this
tax refunded if your business ceases to trade or changes its accounting year end.
If you change your business’s accounting year end, or when your business stops trading,
then you will also have to check the basis period rules.
Its first basis period will be 1st January - 5th April, because the first basis period always
ends on the tax year end.
Its next basis period will be 1st January - 31st December of the same year, because as
the first accounting year is 12 months long, the basis period ends on the same date as
the accounting year.
Its next basis period will be 1st January - 31st December of the following year, and so
on.
The profits made in the period 1st January - 5th April will be taxed in both the January -
April and the January - December basis periods during the first accounting year.
ASSESSABLE INCOME
Assessable income is income that you pay tax on, if you earn enough to
exceed the tax-free threshold. Examples of assessable income you must
declare include: salary and wages. tips, gratuities and other payments for your
services.
Most of the income you earn will be assessable income. Assessable income is income that you
pay tax on, if you earn enough to exceed the tax-free threshold. Examples of assessable
income you must declare include:
You may also receive some income in the form of goods or services instead of money. You
need to declare the market value of these goods or services as assessable income in your tax
return. For example, you may receive clothing, makeup, tools, or accessories from subscribers
or fans of your online platforms, or businesses looking to work with you.
If you receive your income as cash including cash cheques, you must declare the cash as
income in your tax return.
Taxable income
Your taxable income is your assessable income minus any allowable deductions. Your taxable
income is used to work out how much tax you need to pay.
Exempt income
Exempt income is income that you don't pay tax on (that is, it's tax-free). You may still need to
include this income in your tax return for use in other tax calculations.
If the only income you receive during an income year is exempt income, you don't have to pay
any income tax on it.
Non-assessable, Non-exempt income amounts are those which you don't include as income in
your tax return. You can't claim a deduction against non-assessable, non-exempt income.
The previous year refers to the financial year immediately preceding the assessment year. It is
the year in which the income is earned and expenses are incurred. The assessment year refers
to the year in which the income earned during the previous year is assessed and taxed by the
tax authorities