- DECREE NO. 104-PERSONAL INCOME TAX DECREE 1993
- PART I - IMPOSITION OF TAX AND INCOME CHARGEABLE
- PART II - ASCERTAINMENT OF INCOME
- PART III - ASCERTAINMENT OF ASSESSABLE INCOME
- PART IV - ASCERTAINMENT OF TOTAL INCOME
- PART V - RATE OF TAX AND DOUBLE TAXATION
- PART VI - PERSONS CHARGEABLE AND RETURNS
- PART VII - Assessments
- PART VIII - APPEALS
- PART IX - COLLECTION, RECOVERY AND REPLACEMENT OF TAX
- PART X - ADMINISTRATIVE AND TRANSITIONAL PROVISIONS
- PART XI - OFFENCES AND PENALTIES
- PART XII- POWERS OF TAX COLLECTORS
- PART XIII - MISCELLANEOUS
DECREE NO. 104
PERSONAL INCOME TAX DECREE 1993
ARRANGEMENT OF SECTIONS
PART I - IMPOSITION OF TAX AND INCOME CHARGEABLE
1. Imposition of Tax
2. Persons on whom tax is to be imposed
3. Income chargeable
4. General provisions as valuation of benefits
5. Valuation as to living accommodation
6. Business or trade only partially carried on or deemed to be carried on in Nigeria
7. Relevant tax authority may assess and charge tax on the turnover of a business etc.
8. Partnership
9. Agricultural, etc. profit
10. Employment
11. Tax credit allowable against tax payable on income derived from outside Nigeria
12. Nigerian dividends
13. Foreign income
14. Interest
15. Territory in which dividend or interest paid by a Nigerian company arises
16. Settlement, trusts and estates
17. Artificial Transactions
18. Certain appeals
19. Income exempted
PART II - ASCERTAINMENT OF INCOME
20. Deduction allowed
21. Deductions not allowed
22. Waiver or refund of liability or expense
PART III - ASCERTAINMENT OF ASSESSABLE INCOME
23. Basis for computing assessable income
24. New trades
25. Cessation of trades, etc.
26. Employment and pensions
27. Trusts and estates
28. Itinerant workers
29. Continuity of trade, etc.
30. Apportionment of income
31. Receipts and payment after cessation of trade, etc.
32. Ascertainment of chargeable income
33. Personal relief
34. Deductions to be claimed
35. Proof of claims
PART IV - ASCERTAINMENT OF TOTAL INCOME
36. Total income from all sources
PART V - RATE OF TAX AND DOUBLE TAXATION
37. Charge of income tax
38. Double taxation arrangement
39. Method of calculating relief to be allowed for double taxation
PART VI – PERSONS CHARGEABLE AND RETURNS
40. Persons chargeable and returns
41. Returns by taxable persons
42. Place of offence
43. Returns not be filed where income in N 10,000 or less
44. Self assessment by individual
44A. Bonus for early filing of self assessment return
45. Power to call for further returns
46. Power to call for returns, books, documents and information
47. Disclosure and procurement of information
48. Information to be delivered by bankers
49. Power to appoint agent
50. Returns to be deemed to be furnished with due authority
51. Books of account
52. Power to enter and search premises etc.
PART VII – ASSESSMENTS
53. Assessment of income tax
54. Additional assessment
55. List of persons assessed, etc.
56. Service of notice of assessment
57. Revision in case of objection
58. Errors and defects in assessment and notice
PART VIII – APPEALS
59. Establishment of Body of Appeal Commissioners
60. Time limit for appeal
61. Notice to be given to relevant tax authority
62. Procedure before Appeal Commissioners
63. Procedure of allowing decision of Appeal Commissioners
64. Appeal to court
65. Assessment to be final and conclusive
66. Appeal provisions of Companies Income Tax Act to apply with certain exemptions
PART IX - COLLECTION, RECOVERY AND RE-PAYMENT OF TAX
67. Payment of income tax
68. Deduction of tax on rent
69. Deduction of tax on interest, etc.
70. Deduction of tax on dividend
71. Deduction of tax on director's fees
72. Deduction of tax at source
73. Penalty for failure to deduct tax
74. Application of provision
75. Penalty for non-payment of income tax
76. Interest for late payment of income tax
77. Action for income tax by the relevant tax authority
78. Remission of penalty
79. Remission of tax
80. P.A.Y.E.
81. Employer to be answerable for tax deducted
82. Relief in respect of error or mistake
83. Payment of tax
84. Tax clearance certificate
PART X - ADMINISTRATIVE AND TRANSITIONAL PROVISIONS
85. Joint Tax Board
85A. Establishment of State Board of Internal Revenue
85B. Functions of the State Board
85C. Establishment of Technical Committee of the State Board