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Investor Presentaiton

49 The Country and its institutions Business Organisation Labour and Social and Regulation Security Regulations The Nigerian Financial Tax System Services Industry Foreign Exchange Transactions Investment in Nigeria Accounting and Auditing Requirements Importation of Goods Exportation of Goods COVID-19 - Economic and Fiscal Measures 5.1.12 Tax Clearance Certificates A Tax Clearance Certificate (TCC) is a document that certifies that a company has paid income tax for the three immediately preceding years of assessment. However, issuance of a TCC to a company does not preclude the FIRS from subsequently assessing the company to additional tax based on a tax query, audit or investigation. Based on the CITA, a company is required to demonstrate compliance in respect of CIT and Withholding Tax only, in order to be eligible to obtain a TCC from the FIRS. In practice, however, the FIRS has extended this requirement to include compliance with Tertiary Education Tax, Value Added Tax, etc. In some FIRS offices, companies are also required to submit copies of the TCCs of their directors or promoters before the corporate TCC is issued. ATCC is a prerequisite for practically all official transactions conducted by a company in the public sector, including tendering for government contracts, etc. 5.1.13 Head Office Expenses Generally, expenses incurred outside Nigeria for and on behalf of a company (e.g. head office expenses attributable to Nigerian subsidiaries) are deductible only to the extent that they are wholly, reasonably, necessarily and exclusively incurred by the company for the purpose of generating its profits and consistent with the Transfer Pricing Regulations. 5.1.14 Pioneer Companies Except otherwise stated, eligible companies operating in designated pioneer industries and or producing pioneer products, which apply for and are granted pioneer status, are entitled to income tax holiday under the Industrial Development (Income Tax Relief) Act, Cap 17, LFN, 2004, for up to five (5) years - three (3) years in the first instance, but renewable for an additional maximum period of two (2) years. In addition to income tax holiday, dividends paid out of pioneer profits are not subject to withholding tax. Where capital expenditure on qualifying assets has been incurred during the tax relief period, and the assets are available for use after the period, the expenditure is treated as having been incurred on the first day following the tax relief period. In addition, any aggregate loss (losses less profits) incurred during the tax relief period is deemed to have been incurred on the first day following the tax relief period and is available for carrying forward by the company. 5.1.15 Taxation of the Digital Economy Prior to the enactment of Finance Act, 2019, Nigeria had no legal basis for taxing digital transactions, as CITA only provides for the taxation of NRCS with a degree of physical presence in the country. Finance Act, 2019 expanded the scope of taxable income derived by a NRC from Nigeria from digital activities to include income from transmission, emission or receipt of signals, sounds, messages, images or data of any kind by cable, radio, electromagnetic systems or any other electronic or wireless apparatus to Nigeria, provided that the company has Significant Economic Presence (SEP) in Nigeria, and the income derived is attributable to the digital activity. Consequently, NRCs involved in e-commerce, filming, computing, ride- hailing, media, etc., who previously had no fixed base or tax obligations in Nigeria, are now liable to CIT provided they meet the SEP threshold. In addition, NRCs that transact businesses with connected persons or render technical, management, consultancy or professional services to a person resident in Nigeria are liable to tax to the extent that the NRC has SEP in Nigeria. However, withholding tax shall be the final tax applicable to the profit of such NRCs. 5.1.16 Significant Economic Presence (SEP) In line with the provisions of Finance Act 2019, the Minister of Finance, Budget and National Planning has issued the Companies Income Tax (Significant Economic Presence) Order, 2020 ("the Order") by which a NRC will be deemed to have SEP in Nigeria in any accounting year, where it a) derives #25 million annual gross turnover or its equivalent in other currencies from any or combination of the following digital activities: i. ii. streaming or downloading services of digital contents, including but not limited to movies, videos, music, applications, games and e-books to any person in Nigeria; or transmission of data collected about Nigerian users which has been generated from such users' activities on a digital interface including website or mobile applications; or iii. provision of goods or services other than those under sub- paragraph 5 of the SEP Order, directly or indirectly through a digital platform to Nigeria; or iv. provision of intermediation services through a digital platform, website or other online applications that link suppliers and customers in Nigeria; Investment in Nigeria Guide - 8th Edition KPMG
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