Nigeria | Key Changes from Recent Tax Reforms
This summary
highlights the major changes from a payroll perspective that have been
introduced by the recently signed Acts (The Nigeria Tax Act, The Joint Revenue
Board (Establishment) Act, The Nigeria Revenue Service (Establishment) Act, The
Nigeria Tax Administration Act) and their implications for businesses and
taxpayers.
The
effective date for the changes is 1 January 2026.
Taxation of
Income of an Individual
- Resident
Individuals defined: Personal Income Tax (PIT) will
apply to the worldwide income of a resident individual, which is now
clearly defined in the new Act (The Nigeria Tax Act). The “residence”
definition is extended to individuals with substantial economic and
immediate family ties in a year of assessment. Employment income will now
be taxed in Nigeria only if the individual is resident in Nigeria or
performs duties in Nigeria without paying tax in their country of
residence.
- Benefit-in-Kind
on Premises: Where an employer provides
premises or accommodation to an employee, the rental value that will be
taxable in the hands of the employee has been restricted to a maximum
of 20% of the employee’s annual gross income from employment, excluding
the rental value itself.
- Farewell
to Consolidated Relief Allowance (CRA): The
existing Consolidated Relief Allowance (CRA) of NGN 200,000 or 1% of gross
income (less statutory deductions), whichever is higher plus 20% of
the gross income will no longer apply, as it is not part of the eligible
deductions outlined in section 30 of the Nigeria Tax Act (NTA).
- Introduction
of Rent Relief Allowance: The Nigeria Tax Act (NTA)
introduces a rent relief allowance of 20% of the annual rent paid by the
taxpayer, subject to a maximum of NGN 500,000, whichever is lower.
However, this relief is not automatically granted as taxpayers must
accurately declare and disclose relevant information about the rent paid.
- Revised
Income Tax Rates: Currently, personal income tax
rates in Nigeria range from 7% to 24%. The Nigeria Tax Act (NTA) creates a
broader tax bracket and increases the rates for high-income earners. The
new rates now range from 0% to 25. Individuals with chargeable income
up to NGN 800,000 are taxed at 0%. The rates are as follows:
First
N800,000 - 0%
Next
N2,200,000 - 15%;
Next
N9,000,000 - 18%;
Next
N13,000,000 - 21%;
Next
N25,000,000 - 23%;
Above
N50,000,000 - 25%.
Chargeable
Gains
- From
Capital Gains to Chargeable Gains: The Nigeria
Tax Act (NTA) has repealed the word ‘Capital Gains’ and replaced it with
‘Chargeable Gains’.
- Harmonisation
of Chargeable Gains with Income Tax: Under the
Capital Gains Tax (CGT) regime, gains on disposal of chargeable assets are
taxed at 10%. However, the Nigeria Tax Act (NTA) has harmonised this gain
with income tax. Therefore, all chargeable gains are now to be included in
the income or profits of individuals or companies when computing income
tax and taxed accordingly at the respective applicable tax rates.
- Increase
in the threshold of compensation for personal injury: Under CGT, compensation or damages received for any wrong or injury is not
considered as chargeable gains, except for compensation for loss of
office, for a sum more than NGN 10million. The Nigeria Tax Act (NTA) has
increased the threshold to NGN 50million. Therefore, any compensation that
is above NGN 50million will be considered as chargeable gain and only the
excess amount will be taxable. This provision will apply not only to
compensation received for loss of office, but also to other forms of compensation
or damages, since they are above the specified threshold.
Other
Provisions
- Introduction
of the Tax Ombuds: The Nigeria Tax Administration
Act introduces the tax ombuds to mediate between taxpayers and tax
authorities. This office is part of a broader effort to reform Nigeria’s
tax system. The office is saddled with the responsibility of mediating and
resolving tax issues or complaints between taxpayers and the tax
authorities or related regulatory bodies.
- New
Name of the Tax Authority: The Nigeria Revenue Service
(Establishment) Act has repealed the Federal Inland Revenue Service
(Establishment) Act, and renamed the Service as the Nigeria Revenue
Service (NRS).
- Consolidation
of Penalties: One of the most notable
changes in the Nigeria Tax Administration Act is the consolidation of
penalties across different tax laws. The Act has unified these penalties,
providing a more straightforward and consistent framework for addressing
tax offences. This consolidation is expected to improve compliance and
simplify enforcement processes.
- Increased
penalties for non-compliance: There has been a significant
increase in non-compliance penalties and the introduction of new
penalties. Some of the updates include increase in the penalty for failure
to file returns to NGN 100,000 in the first month, and NGN 50,000 for
every month the failure continues, introduction of new penalties such as
penalty of NGN 5million for awarding contracts to individuals or entities
that are not registered for tax, penalties for failure to grant access for
deployment of technology, inducing a tax officer etc.
- Tax
Payment Flexibility: Businesses assessed in foreign
currencies can now pay taxes in Naira at the official exchange rates,
simplifying compliance and reducing pressures on foreign exchange.
- Disclosure
of Tax planning strategies: Companies are expected to
disclose their tax planning strategies to the tax authorities. The tax
authority is empowered by the Act to counter prohibited tax avoidance
schemes by making necessary adjustments, such as raising assessments,
modification of an assessment, or disallowing of a claim, unless the
taxpayer can convincingly prove that the tax benefit aligns with the
intent of the applicable tax laws.
- Accreditation
of Tax Agents: The Nigeria Tax Administration
Act introduces a formal accreditation framework for tax agents or
consultants, requiring all individuals or entities representing taxpayers
before the tax authority to be registered and certified. The relevant tax
authority will publish a guideline to set out the requirements for
accreditation.
- Advance
Ruling Mechanism: The Nigeria Tax Administration
Act establishes an advance ruling system that allows taxpayers to request
written clarification from the tax authority on the tax implications of
proposed transactions or arrangements. This provision promotes certainty,
transparency, and compliance by enabling taxpayers to make informed
decisions and plan their affairs with confidence, based on legally binding
guidance issued prior to undertaking the transaction.
We will be implementing the
changes on our software so that it will be ready by 1 January 2026.