Закон «О подоходном налоге физических лиц» № 104 1993 года, Нигерия

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

85D. Establishment of Local Government Revenue Committee

85E. Functions of the Revenue Committee

85F. Establishment and composition of Joint State Revenue Committee

85G. Functions of Joint State Revenue Committee

PART XI- OFFENCE AND PENALTIES

86. Offences and penalties

87. Penalty for making incorrect returns

88. False statements and returns

89. Penalty for offences by authorised and unauthorised persons

90. Tax to be payable not withstanding proceedings

91. Prosecution to be with sanction of Board

92. Suing for criminal proceedings

93. Place of an offence

PART XII - POWERS OF TAX COLLECTORS

94. Definition of Tax Collectors

95. Power to enter and require information

96. Power to distrain for non-payment of tax

97. Obstruction to be an offence

98. Immunity for action, etc.

PART XIII – MISCELLANEOUS

99. Repeal of Cap. 173 LFN and Cap. 174 LFN

99A. Repeal of Cap. 192

100. Interpretation

101. Citation and application

SCHEDULES

Schedule 1: Determination of residence

Schedule 2: Part I Income from settlements, trust and estates

Part II Special Provision as to settlement on unmarried children

Part III Supplementary Provisions

Schedule 3: Income exempted

Schedule 4: Retirement benefits schemes

Schedule 5: Capital allowances

Schedule 6: Income Tax Table

Schedule 7: Double taxation arrangements

Schedule 8: Warrant and authority to enter premises, etc.

[25th August, 1993]

Commencement

THE FEDERAL MILITARY GOVERNMENT hereby decree [decrees] as follows:-

PART I - IMPOSITION OF TAX AND INCOME CHARGEABLE

1. Imposition of tax [1996 No. 30]

There is hereby imposed a tax, on the income

(a) of individuals, communities and families; and

(b) arising to any trustee or executor under any settlement, trust or estate,

which shall be determined under and be subject to all the provisions of this Decree.

2. (1) Persons on whom tax is to be imposed

Tax of an amount to be determined from the [provisions] set out in the Sixth Schedule (in this

Decree referred as “income tax”) shall be payable for each year of assessment on the total

income of -

(a) every individual other than persons covered under paragraph (b) of this subsection or

corporation sole or body of individuals deemed to be resident for that year in the relevant State

under the provisions of this Decree; and

(b) the following other persons, that is -

(i) persons employed in the Nigerian Army, the Nigerian Navy, the Nigerian Air force, the

Nigerian Police Force other than in a civilian capacity,

(ii) officers of the Nigerian Foreign Service,

(iii) every resident of the Federal Capital Territory, Abuja and

(iv) a person resident outside Nigeria who derives income or profit from Nigeria.

(2) Individuals

In the case of an individual other than an itinerant worker and persons covered under paragraph

(b) of subsection (1) of this section, tax for any year of assessment may be imposed only by the

state in which the individual is deemed to be resident for that year under the provisions of the

First Schedule to this Decree and in the case of persons referred to in subsection (1) (b) of this

Section tax shall be imposed by the Federal Board of Inland Revenue.

(3) Itinerant worker

In the case of an itinerant worker, tax may be imposed for any year by any state in which the

itinerant worker is found during the year.

Provided that

(a) in an assessment for any year upon an itinerant worker credit shall be given against the

tax payable, but not exceeding the amount thereof, for any income tax already paid by him to any

other tax authority for the same year; and

(b) collection of so much of any tax imposed in a territory or [on?] an itinerary worker for

year of assessment as remains unpaid on the itinerant worker leaving that territory during that

year shall remain in abeyance during his absence from that territory, and if he returns to that

territory having during his absence paid tax in some other territory for that year, credit shall be

given against any unpaid tax in the first-mentioned territory, but not exceeding that unpaid

amount, for the tax paid in that other territory.

(4) Communities

In the case of a village or other indigenous communities, tax may be imposed from any year only

by the law of the territory in which that community is to be found and the tax may be charged on

-

(a) the estimated total income of all its members;

(b) the estimated total income of those of its members whose income it is impracticable in the

opinion of the relevant tax authority to assess individually; or

(c) the amount of any communal income which, in the opinion of the relevant tax authority in

relation to such community, it is impracticable to apportion with certainty between its members.

(5) Families

In the case of income of a family recognised under any law or custom in Nigeria as families

income, in which the several interests of individual members of the family are indeterminate or

uncertain, tax may be imposed only by the territory in which the member of that family who

customarily receives that income in the first instance in Nigeria usually resides.

(6) Trustees

In the case of income arising to a trustee of any settlements or trusts, or estates or to an executor

of any estate of a deceased person, tax may only be imposed by the territory of which the tax

authority is the relevant Tax authority in relation to such settlement, trust or estate and to the

extent provided in the Second Schedule to this Decree.

(7)

Nothing in this section shall be construed as imposing liability to tax on the personal emoluments

of any person serving as other rank and accordingly any other enactment or law imposing tax on

the income of individuals shall not apply:

Provided that where any other income accrues to a person serving as other rank (not being

income by way of personal emoluments) that income shall be liable to tax under this Decree or

under any relevant enactment or law.

(8)

In this section

“Other rank” has the meaning assigned thereto by the Armed Forces Pensions Act: and

“personal emoluments” means wages or salaries and includes allowances, gratuities, superannuation

or pension schemes and any other income derived solely by reason of employment as

other rank.

3. Income Chargeable

(1) Subject to the provisions of this Decree, tax shall be payable for each year of assessment on

the aggregate amounts each of which is the income of every taxable person, for the year, from a

source inside or outside Nigeria, including, without restricting the generality of the foregoing -

(a) gain or profit from any trade, business, profession or vocation for whatever period of time

such trade, business, profession or vocation may have been carried on or exercised;

(b) any salary, wage, fee, allowance or other gain or profit from employment including gratuities,

compensations, bonuses, premiums, benefits or other perquisites allowed, given or granted by

any person to an employee other than -

(i) so much of any such sums as may be admitted by the relevant tax authority to represent

reimbursement to the employee of expenses incurred by him in the performance of his duties,

and from which it is not intended that the employee should make any profit or gain;

(ii) medical or dental expenses incurred by the employee,

(iii) the cost of any passage to and from Nigeria incurred by the employee;

(iv) any sum paid in respect of the maintenance or education of a child if any provision of this

Decree provides that any sum received by the employee during a year of assessment shall be

deducted from the personal relief to be granted to him for the next following year,

(v) Deleted by 1996 No. 32.

(vi) as much of any amount of rent the employee is treated as being in receipt equal to the annual

amount deemed to be incurred by the employer under section 4 of this Decree,

(vii) so much of any amount of rent the employee is treated as having received under the

provisions of section 5 of this Decree,

(viii) so much of the amount of rent subsidy or rent allowance paid by the employer to or

account, for the employee not exceeding N 100,000 per annum,

(ix) the amount not exceeding N 15,000 per annum paid to an employee as transport allowance,

(x) meal subsidy or meal allowance, subject to a maximum of N 5,000 per annum,

(xi) utility allowance of N 10,000 per annum,

(xii) entertainment allowance of N 6,000 per annum,

(xiii) leave grant, subject to a maximum of 10 per cent of annual basic salary.

(c) gain or profit including any premiums arising from a right granted to any other person for the

use or occupation of any property;

(d) dividend; interest or discount;

(e) any pension, charge or annuity;

(f) any profit, gain or other payment not falling within paragraphs (a) to (e) inclusive of this

subsection.

(2) Deleted by 1999 No. 30.

For the purpose of paragraph (viii) of subsection (1) (b) of this section, the rate and amount of rent or allowance in lieu of rent shall be -

(a) in the Lagos area and the Federal Capital Territory,. Abuja, 28 per cent of annual basic salary, subject to a maximum of N 10,000.00 per

annum;

(b) In state capital cities, 28 per cent of annual basic salary, subject to a maximum of N 6,000.00 per annum.

(c) in other places, 28 per cent of annual basic salary to a maximum of N 4,000.00 per annum.

(3) For the purpose of this section -

(a) “allowance” includes any sum paid or payable in respect of expenses and any sum put by an

employer at the disposal of an employee and paid away by the employee;

(b) “income” includes any amount deemed to be income under this Decree;

(c) the gains or profits arising from a right granted to any other person for the use or occupation

of property under any lease or assignment thereof, being rent paid or expressed to be paid in

advance, shall be deemed to accrue to the recipient from day to day over the period for which

such rent has been paid;

Provided that where the period exceeds five years the whole of the rent so paid or expressed to

be paid in advance shall be treated as accruing evenly from day to day over the five years

commencing on the first day of that said period:

(d) “employment” includes any service rendered by any person in returns for any gains or

profits;

(e) “dividend” means -

(i) in relation to a company not being in the process of being wound up or liquidation, any profits

distributed whether such profits are of capital nature or not, including an amount equal to the

nominal value of bonus shares, debentures or securities awarded to the shareholder; and

(ii) in relation to a company that is being wound up or liquidated, any profits distributed, whether

in money or money’s worth or otherwise, other than those of a capital nature earned before or

during the winding up or liquidation.

4. General provisions as valuation of benefits

(1) Where an employer incurs any expenses in the provision of any benefit or perquisite in

accordance with section 3 (1) (b) (vi) of this Decree, other than the provision of living

accommodation to which section 5 of this Decree relates, the following provisions shall apply -

(a) in any case where any assets which continues to belong to an employer is used wholly or

partly in the making of such provisions, he shall be deemed to incur annual expenses in

connection therewith of an amount equal to 5 per centum of the amount expended by him in

acquiring the asset, but if that amount cannot be ascertained, 5 per cent of the market value of the

asset at the time of the acquisition, as determined by the relevant tax authority;

(b) in a case where any sum by way of rent or hire is payable by the employer in respect of any

such asset, he shall be deemed to incur an annual expense in connection with the making of such

provisions equal to the annual amount of the rent or hire expended by him on the asset; and

(c) in any case, the employer shall be deemed to incur annual expense in connection with the

making of such provisions equal to the annual amount expended thereon by him.

(2) The employee shall be treated as being in receipt (in addition to any other emolument) of

emolument equal to the annual amount so deemed to be incurred by the employer under

subsection (1) of this section reduced by so much (if any) of the annual expense as is made good

to the employer by the employee.

(3) The provisions of subsection (1) and (2) of this section shall not apply to any expenses

incurred by an employer -

(a) in connection with the provision of meals in any canteen in which meals are provided for the

staff generally or of luncheon vouchers for his employees if those vouchers are not assignable by

an employee to whom they are issued;

(b) in the provision of any uniform, overall or other protective clothing;

(c) where those expenses are reasonable removal expenses which mayor may not include a

temporary subsistence allowance incurred by the employer by reason of a change of the

employee's employment which requires such employee to change his place of residence, and the

employee shall not be treated as being in receipt of any remuneration in respect of the allowance.

(4) A reference in this section to expenses incurred in connection with any matter includes a

reference to a proper proportion of any expenses incurred partly in connection with the matter.

(5) A reference in this section to anything provided for an employee shall, unless the reference is

expressly to something provided for the employee himself, be construed as including a reference

to anything provided for the spouse, family, servant, dependent or guest of that employee by the

employer.

5. Valuation as to living accommodation

(1) Where any premises in Nigeria are made available to the occupier by reason of his or his

wife's holding an office or employment and -

(a) the occupier pays no rent for the premises; or

(b) the rent which the occupier pays for the premises is less than the annual value of the

premises, the employee shall be treated as being in receipt (in addition to any other emoluments)

of emoluments at an annual rate equal to the annual value of the premises, as determined under

subsection (2) of this section, reduced by the annual amount of rent which the occupier pays for

the premises.

(2) Subsection (1) of this section shall apply to an occupier being a woman as it applies to an

occupier being a man with the substitution of “her husband” for “his wife” and that subsection

shall accordingly be so construed.

(3) in this section, “the annual value of the premises” means -

(a) in relation to premises subject to any low governing assessment of local rates, the annual

value of the premises as determined for purposes of local rates under that law;

(b) in any other case, the annual value as determined by the relevant tax authority, and a

reference in this section to annual value shall include a reference (where applicable) to such

proportion of the annual value -

(i) in relation to a period of occupation within a year, or

(ii) in relation to the part of the premises occupied, or

(iii) in relation to both a period of occupation within a year and the part of the premises

occupied; as may be determined by the relevant tax authority.

6. Business or trade only partially carried on or deemed to be carried on in Nigeria

Where an individual, an executor; or a trustee, outside Nigeria carries on a trade or business of

which only part of the operations are carried out in Nigeria, the gains or profits of the trade or

business shall be deemed to be derived from Nigeria to the extent to which such gains or profits

are not attributable to that part of the operations carried on outside Nigeria.

Provided that -

(a) the individual, executor or trustee does not have a fixed base in Nigeria from which he carries

on such trade or business;

(b) the individual, executor or trustee does not habitually operate trade or business through a

person in Nigeria authorised to conclude contracts on his behalf or on behalf of some other

persons related to him both of whom are controlled by some other person or does not habitually

maintain a stock of goods or merchandise in Nigeria from which deliveries are regularly made on

his behalf;

(c) the trade or business in Nigeria does not involve a single contract for surveys, deliveries,

installations or construction;

(d) the trade or business is not between persons both of whom are controlled by some other

person and such that conditions made or imposed between such persons in their commercial or

financial relations which in the opinion of the relevant tax authority is deemed to be artificial or

fictitious.

7. Relevant tax authority may assess and charge tax on the turnover of a business etc.

(1) Where, in respect of any business carried on by a person it appears to the relevant tax

authority that for any year of assessment, the business produces either no assessable income or

an assessable income which in the opinion of the relevant tax authority is less than might be

expected to arise from that business or, as the case may be, the true amount of the assessable

income of that person from the business cannot be readily ascertained, the relevant tax authority

may for that year of assessment, in respect of that business, and notwithstanding any other

provision of this Decree -

(a) if the whole of the operations of the business are carried on in Nigeria, assess and charge the

person carrying on the business on such fair and reasonable percentage of the turnover of the

business, as the relevant tax authority may determines;

(b) if that person is a non-resident who

(i) has a fixed base from where he carried on such business, assess and charge that person on

such a fair and reasonable percentage of the turnover attributable to that fixed base,

(ii) operates a business through a person authorised to conclude contracts on his behalf or on

behalf of some persons related to him or both of whom are controlled by some other person or

operates a business through a person who regularly makes deliveries from a stock of goods or

merchandise habitually held in Nigeria on his behalf, assess and charge that person on a fair and

reasonable percentage of the turnover of the business carried on through that person.

(iii) operates a business in Nigeria which involves a single contract for surveys, deliveries,

installation or construction, assess and charge that person on a fair and reasonable percentage of

the contract.

(2) The provisions of this Decree as to notice of assessment, additional assessment, appeal and

other proceedings shall apply to an assessment or additional assessment made under this section.

(3) In this section -

(a) “business” includes a trade, profession or vocation;

(b) “person” in relation to the carrying on of a business, has the meaning assigned to it by section

100 of this Decree but does not include a company.

8. Partnership

(1) The gains or profits from a partnership of a partner therein shall be the sum of -

(a) any remuneration, interest on capital, or the cost of passages to or from Nigeria wholly or

mainly undertaken for the purpose of leave or recreation, which is charged in the partnership

accounts in respect of that partner; and

(b) his share in the income of the partnership, computed in accordance with the provisions of this

Decree after the deduction of charges to which paragraph (a) of this subsection applies in respect

of all the partners but before the deduction of any other expenses of the partnership referable to a

partner which would have been private or domestic expenditure within the meaning of

subsection (1) (a) of section 21 of this Decree if incurred directly by that partner.

(2) When the income computed under paragraph (a) of this subsection results in a loss, the

partner’s share therein shall be deducted from his gains or profits ascertained under the

provisions of subsection (1) (b) of this section and he shall be deemed to have incurred a loss in

the trade or business of partnership to the extent, if any, by which the deductible share exceed

those gain or profits.

(3) For the purpose of subsection (1) of this section, the share of a partner in the computed

income of a partnership shall be such proportion of that computed income as would accrue to

him under the provisions of the partnership agreement if that computed income were wholly

apportionable between the partners within the terms of the agreement, or where the computed

income results in a loss, such proportion of-that loss as would be chargeable to him if that loss

falls to be allocated between the partners in the terms of the agreement.

(4) The amount of the gains or profits or loss of a partner, ascertained under the foregoing

provisions of this section, of any period shall be deemed for all purposes of this Decree to be his

ascertained income or loss of that period from a trade, business, profession or vocation carried on

by him during that period, and the provision of Part III of this Decree, other than paragraph (g) of

section 21 of this Decree, shall not apply to that partner with respect to the income or loss.

(5) The determination of the income or loss from a partnership or a partner therein shall be made

by the relevant tax authority in relation to that partnership, and where any partner is taxable for a

year of assessment in the territory of some other authority, the relevant tax authority shall supply

to that other authority particulars of that determination.

(6) An appeal against an assessment by any individual in so far as it relates to any partnership

income or loss, shall lie only to the Body of Appeal Commissioners of court specified for

income tax purpose in a law of the territory for which the tax authority is the relevant authority in

relation to that partnership.

(7) For the purposes of paragraph 6 of the First Schedule to this Decree, the income of a partner

from a partnership in Nigeria shall be deemed to be derived from the territory of the relevant tax

authority in relation to that partnership.

(8) The partnership, employees or agent in charge of the principal office or place of business of a

partnership in Nigeria shall without notice or demand thereof register or cause to be registered

with the relevant tax authority, a certified copy of the partnership deed or, where no written deed

is in existence particulars of any written or oral agreement under which the partnership is

currently established and where any such particulars have been so registered, notice of any

subsequent change therein agreed between the partners shall be similarly registered with that tax

authority within thirty days of the agreement.

(9) Where the particulars of any partnership have been registered under the provisions of

subsection (8) of this section, the computation under this section of the gains or profits of a

partner therein may be made by the relevant tax authority on the basis of those particulars as they

apply at any relevant time and in the event of failure by a partnership to comply with and

demand made under the foregoing subsection, notwithstanding the provisions of subsection (3)

of this section tax may be assessed and charged by the relevant tax authority as though the whole

gains or profits of such partnership accrued to any individual partner therein or were divisible

between any partner therein as may appear just and reasonable to the tax authority.

9. Agricultural, etc. profit

The gain or profit of an individual from any land used by him for agricultural purposes or for

livestock shall, unless the relevant tax authority is satisfied to the contrary, be deemed to be the

gain or profit which would be realised by him if the land were cultivated or used or the livestock

were dealt with, as the case may be, in the manner and up to the average standard of cultivation,

use or practice relating to the use of the land or the dealing with livestock prevailing in the

neighbourhood.

10. Employment

(1) The gain or profit from an employment shall be deemed to be derived from Nigeria if

(a) the duties of the employment are wholly or partly performed in Nigeria, unless

(i) the duties are performed on behalf of an employer who is in a country other than Nigeria, and

(ii) the employee is not in Nigeria for a period or periods amounting to 183 days or more in any

twelve month period commencing in a calendar year and ending either within that same year or

the following year, and

(iii) the remuneration of the employee is liable to tax in that other country;

(b) the employer is in Nigeria, unless the duties of the employment are wholly performed, and

the remuneration paid, in a country other than Nigeria except during a temporary visit to or leave

in Nigeria.

(2) Notwithstanding the provisions of paragraph (b) of subsection (1) of this section, the gains or

profits from an employment by a Government in Nigeria shall be deemed to be derived from

Nigeria whenever the remuneration is paid if the employee performs the duties of that

employment in a country other than Nigeria which country under an agreement or diplomatic

usage exempts the employee from tax on those gains or profits.

(3) The gain or profit from any employment exercised in Nigeria shall be deemed to be derived

from Nigeria whether the gains or profits from the employment are received in Nigeria or not.

(4) The gains or profits from any employment, the duties of which are wholly or mainly

performed in Nigeria shall be deemed to be derived from Nigeria during any period of leave of

the employee from the employment, and any period of his temporary absence on duty from

Nigeria.

(5) Subject to the foregoing provisions of this section, the gain or profit from any employment,

the duties of which are mainly performed outside Nigeria, shall be deemed to be derived from

Nigeria to the extent that those duties are performed in Nigeria.

(6) Notwithstanding any provision of this section, the gains or profits of an individual from any

employment as a seafarer, other than any such employment in the Nigeria Navy or the Nigeria

Ports Plc, shall be deemed to be derived from Nigeria only during any period in which the

individual is serving under articles which he had signed in Nigeria or is performing stand-by

duty on board a ship preparatory to his signing articles in Nigeria.

11. Tax credit allowable against tax payable on income derived from outside Nigeria

Notwithstanding the provisions of section 3 (I) of this decree, where a resident derives income

from a source outside Nigeria and the income is brought into Nigeria through Government

approved channels, he shall be allowed a tax credit against the tax payable by him but the tax

credit shall not exceed the proportion of his total tax for the year of assessment which that

income derived from outside Nigeria and brought into Nigeria bears to his aggregate income

chargeable to tax in Nigeria.

12. Nigerian dividends

(1) The income from a dividend distributed by a Nigeria company, shall be deemed to be derived

from Nigeria, and shall be the gross amount of that dividend before the deduction of any tax

which the company is required to deduct on payment thereof under the provisions of any law in

force in Nigeria at the relevant time imposing taxation on the profits of companies.

(2) Any amount of the undistributed profit of a Nigerian company which is treated as distributed

under the provisions of any law in force in Nigeria imposing tax on the profits of companies

shall, for the purpose of this Decree be deemed, to be income from a dividend accruing to any

person who is a shareholder in the company in proportion to his share in the ordinary capital

thereof at the relevant time, and the if\come for the dividend to be taken for assessment in his

hands shall be his due proportion thereof increased by such amount as may be specified by the

relevant tax authority in respect of tax deemed to be deducted at source.

(3) The income from a dividend distributed by a Nigerian company shall be deemed to arise on

the day on which payment of that dividend becomes due.

13. Foreign income

The income from a dividend paid by a company other than a Nigerian company, or from any

other source outside Nigeria, shall be the amount of that income brought into or received in

Nigeria, provided that, if the income arose in a country to which section 39 of this Decree

applies, the amount of that income to be taken for assessment shall be the amount computed

under subsection (5) of section 39 of this Decree.

14. Interest

The income from any interest on money lent by an individual, or executor, or a trustee, outside

Nigeria to a person in Nigeria (including a person who is resident or present in Nigeria at the

time of the loan) shall be deemed to be derived from Nigeria if

(a) there is a liability to payment in Nigeria of the interest regardless of what form the payment

takes and wherever the payment is made:

(b) the interest accrues in Nigeria to a foreign company or person regardless of what form the

payment takes and wherever the payment is made;

15. Territory in Nigerian which dividend or interest paid by a Nigerian company arises

Where a dividend or interest is distributed or paid by a company, the dividend or interest as the

case may be whenever necessary for the purpose of the First Schedule to the Decree, shall be

deemed to be derived from the territory in which the recipient of the dividend or interest, resides

or, where the recipient is not resident in Nigeria, the person shall be deemed to be a person to

whom section 2 (1) (b) (iv) applies.

16. Settlement trust and estates

The income of an individual or of a trustee or executor from a settlement, trust or estate of

deceased person, made, created or administered in Nigeria, or in the case of a settlement or trust

made, created or administered in Nigeria, shall be ascertained in accordance with the provisions

of the Second Schedule to this Decree.

17. Artificial transaction, etc.

(1) Where a tax authority is of the opinion that any disposition is not in fact given effect to, or

that any transaction which reduces or would reduce the amount of any tax payable is artificial or

fictitious, the tax authority may disregard the disposition or direct that such adjustments shall be

made as respects the income of an individual, an executor or a trustee, as the tax authority

considers appropriate so as to counteract the reduction of liability to tax effected, or reduction

which would otherwise be effected by the transaction.

(2) Where it appears that the interest of more than one tax authority are affected thereby, the

exercise of any power conferred on a tax authority by subsection (1) of this section shall be

performed by the relevant tax authority alone and any decision or direction of the relevant tax

authority under this section shall be binding on all tax authorities.

(3) For the purposes of this section -

(a) “disposition” includes any trust, grant, covenant, agreement or arrangement;

(b) transaction between persons one of whom either has control over the other or in case of

individual who are related to each other or between persons both of whom are controlled by

some other person, shall be deemed to be artificial or fictitious if in the opinion of the tax

authority those transactions have not been made on terms which might fairly have been expected

to have been made by independent persons engaged in the same or similar activities dealing with

one another at arm's length.

18. Certain appeals

An appeal with respect to assessment of income arising from any decision or direction of the

relevant tax authority under subsection (2) of section 17 of this Decree, shall lie only to the

Federal High Court at the instance of the person in whose hand that income is assessed to tax,

and no shareholder shall have any right of appeal with respect to any amount deemed to be his

income under the provisions of subsection (2) of section 12 of this Decree.

19. Income exempted

(1) There shall be exempt from the tax all that income specified in the Third Schedule to this

Decree.

(2) The minister may by notice include in the Third Schedule to this Decree all or any person or

class of persons chargeable to tax by virtue of this Decree, so as to exempt the income of that

person or class of persons from tax in pursuance of -

(a) any treaty, convention or agreement between the Federal Government of Nigeria and any

other country or any arrangement with or decision of an international organisation of which the

Federal Government of Nigeria is a member; or

(b) any arrangement in that behalf subsisting between the Government of the Federation and the

Government of each state.

(3) Nothing in this section or the Third Schedule to this decree shall be construed so as to -

(a) exempt in the hands of the recipients, any interest bonuses, salaries or wages paid wholly or

in part out of income exempted thereby; or

(b) authorise a state Government, a company or any person or agency of Government, a

company or any person whether resident or not in Nigeria to provide tax exemption clauses in an

agreement or arrangement without seeking approval first from the Minister of Finance and

Economic Development and thereafter from the National Council of Ministers.

PART II - ASCERTAINMENT OF INCOME

20. Deductions allowed

(1) "For the purpose of ascertaining the income or loss of an individual for any period from any

source chargeable with tax under this decree there shall be deducted all outgoing and expenses or

any part thereof, wholly exclusively, necessarily and reasonably incurred during that period and

ultimately borne by that individual in the production of the income.

(a) a sum payable by way of interest on money borrowed and employed as capital in acquiring

the income;

(b) interest on loan for developing an owner occupied residential houses.

(c) rent for that period, and premiums on the liability for which was incurred during that period,

payable in respect of land and building occupied for the purpose of acquiring the income; and

(d) expenses for repairs of premises, plant, machinery or fixtures employed in acquiring the

income, or for the renewal, repair, or alteration of any implement, utensil or article so employed.

Provided that if the premises, plant, machinery, fixtures, implement, utensil or article are used in

part for domestic or private purposes, so much of the expenses as relates to such use shall not be

so deducted;

(e) bad debts incurred in any trade, business, profession or vocation, proved to have become bad

during the period for which the income is being ascertained, and doubtful debts to the extent that

they respectively estimated to have become bad during the said period and notwithstanding that

such bad or doubtful debts were due and payable prior to the commencement of the said period.

Provided that -

(i) where in any period a deduction under this paragraph is to be made as respect any particular

debt, and a deduction has in any previous period been allowed in respect of the same debt, the

appropriate reduction shall be made in the deduction to be made in the period in question,

(ii) all sums recovered during the said period on account of amounts previously written off or

allowed in respect of bad or doubtful debts shall for the purpose of this decree be deemed to be

income of the trade, business, profession or vocation of that period,

(iii) it is proved that the debts in respect of which a deduction is claimed either were included as

a receipt of the trade, business, profession or vocation in the income of the year within which

they were incurred, or were advances not falling within the provisions of subsection (b) of

section 21 of this Decree made in the course of normal trading, business, professional or

vocational operations;

(f) a contribution or an abatement deducted from the salary or pension of a public officers under

the Pensions Act or under any approved scheme within the meaning of that Act, and any

contribution, other than penalty, made under the provisions of any Act establishing a National

Provident Fund or other retirement benefits scheme for employees throughout Nigeria;

(g) a contribution to a pension, provident or other retirement benefits funds society or scheme

approved by the Board subject to the provisions of the Fourth Schedule to this Decree and such

conditions as the Board in its absolute discretion may prescribe;

Provided that where the instrument establishing in Nigeria any funds, society or scheme contain

inter alia a general power or duty of the trustees or managers thereof to invest the money of the

fund, society or scheme, and on the first day of any year of assessment commencing after the

thirty- first day of March 1962.

(i) in the case of a fund, society or scheme deemed to have been approved under the provision of

this Decree, less that thirty three and one third per centum of all moneys which are so invested in

securities issued by or under the authority of any Government in Nigeria, or

(ii) in the case of a fund, society or scheme approved under the provisions of this section, less

than fifty per centum of all moneys which are so invested is invested in securities issued by or

under the authority of any Government in Nigeria. The deemed approved or approval of such

fund, society or scheme shall have no effect- for any purpose of this Decree for that year of

assessment;

(h) in the case of income from trade, business, profession or vocation, any expenses or part

thereof incurred for that period (whether the liability was met during that or any previous period)

wholly and exclusively for the purpose of the trade, business, profession or vocation unless those

expenses or the same part thereof is deductible for that or any other period under the foregoing

provisions of this section, and for the purpose of this paragraph an expense incurred during a

period shall be treated as having been incurred for that period to the extent that it is not

specifically referable to the income of any other period;

(i) any expenses which is proved to the satisfaction of the relevant tax authority to have been

incurred by the individual on research for the period including the amount of levy paid by him to

the National Science and Technology Fund.

(2) Where the income is chargeable solely by reason of it being brought into or received in

Nigeria, nothing in this section shall confer a right to any deduction from the amount of that

income so brought into or received in Nigeria.

21. Deductions not allowed

Subject to the express provisions of this Decree, no deduction shall be allowed for the purpose of

ascertaining the income of an individual in respect of -

(a) domestic or private expenses;

(b) capital withdrawn from a trade, business, profession or vocation and any expenditure of a

capital nature,

(c) any loss or expenses recoverable under an insurance or contract of indemnity;

(d) rent of or cost of repairs to any premises or part of premises not incurred for the purpose of

producing the income;

(e) taxes on income or profits levied in Nigeria or elsewhere except as provided in Section 13 of

this Decree;

(f) any payment to a pension, provident, savings or widow's orphan society, fund or scheme,

except as permitted by paragraph (f) and (g) of subsection (1) of section 20 of this Decree;

(g) depreciation of any assets;

(h) any sum reserved out of profits, except as permitted by paragraph (e) of subsection (1) of

section 20 of this Decree or as may be estimated by the relevant tax authority, pending

determination of the amount, to represent the amount of any expense deductible under the

provisions of that section the liability for which was irrevocably incurred during the period for

which the income is being ascertained;

(i) any expenses of any description incurred within or outside Nigeria for the purpose of earning

management fees unless prior approval of an agreement giving rise to such management fees has

been obtained from the Minister;

(j) any expense whatsoever incurred within or outside Nigeria as management fees under any

agreement entered into after the commencement of this paragraph except to the extent as to the

Minister may allow.

22. Waiver of refund of liability or expense

Where a deduction has been allowed under the provisions of section 20 of this Decree in respect

of any liability or any expense incurred and the liability is waived or released or such expense is

refunded in whole or part, the amount of that liability or expense which is waived, released or

refunded, as the case may be, shall be deemed to be income on the day on which such waiver,

release or refund was made or given.

PART III - ASCERTAINMENT OF ASSESSABLE INCOME

23. Basis for computing assessable income

(1) Except as provided in this section, the income of any individual for each year of assessment

from each source of his income (hereinafter referred to as “assessable income”) shall be the

amount of the income of the year immediately preceding the year of assessment from each such

source, notwithstanding that he may have ceased to possess that source or that the source may

have ceased to produce income.

(2) Where the relevant tax authority is satisfied that an individual makes, or intends to make up

the accounts of a trade, business, profession or vocation carried on by him to some day other

than the thirty-first day of December, it shall direct that the assessable income from that source

be computed on the amount of the gains or profits of the year ending on that day in the year

preceding the year of assessment.

(3) Where the assessable income of an individual from a trade, business, profession or vocation

has been computed by reference to an account made up to a certain day, and that individual fails

to make up an account to the corresponding day in the year following the assessable income from

that source both for the year of assessment in which the failure occurs and for the two years of

assessment next following shall be computed on such basis as the relevant tax authority in its

discretion thinks fit.

(4) Any basis adopted by a relevant tax authority under this section shall be subject to

confirmation or amendment by the Board, with or without retrospective effect, if the individual is

deemed to be resident in more than one territory for those three years of assessment, and such

additional assessments, reductions or repayments shall be made so as to give effect to any

determination of the Board under this subsection.

24. New trades

The assessable income of an individual from a trade, business, profession or vocation carried on

by him in Nigeria for the year of assessment in which he commenced to carry on the trade,

business, profession or vocation in Nigeria and for the two following years of assessment (which

years are in this subsection respectively referred to as "the first year", "the second year" and "the

third year") shall be ascertained in accordance with the following provision

(a) for the first year the assessable income shall be the amount of the income of that year;

(b) for the second year the assessable income shall unless such notice as hereinafter mentioned is

given be the amount of the income of one year from the date of the commencement in Nigeria of

the trade, business, profession or vocations;

(c) for the third year the assessable income shall, unless such notice as is hereinafter mentioned

be given, be computed in accordance with the provisions of section 23 (1) of this Decree;

(d) the individual carrying on the trade, business, profession or vocation shall be entitled, on

giving notice in writing to the relevant tax authority within two years after the end of the second

year, to require that the assessable income both for the second year and the third year (but not for

one or other only of those years) shall be the income of the respective years of assessment:

Provided that he may, by notice in writing given to the relevant tax authority within twelve

months after the end of the third year, revoke the notice, and in such case the assessable income

both for the second year and the third year shall be computed as if the first notice had never been

given;

(e) where such a notice as aforesaid has been given or revoked, such additional assessment, or,

on a claim being made for the purpose in writing, such reductions of assessments or repayments

of tax shall be made as may be necessary to give effect to paragraph (d) of this subsection.

25. Cessation of trades, etc.

Where an individual permanently ceases to carry on a trade, business, profession or vocation, in

Nigeria, his assessable income therefrom shall be-

(a) as regards the year of assessment in which the cessation occurs, the amount of the income of

that year;

(b) as regards the year of assessment preceding that in which the cessation occurs, the amount of

the income as computed in accordance with the provisions of section 24 of this Decree, or the

amount of the income of such year, whichever is the greater, and he shall not be deemed to

derive assessable income from such trade, business, profession or vocation for the year of

assessment following that in which the cessation occurs.

26. Employment and pensions

(1) With respect to income from an employment or pension which is derived, or deemed to be

derived, from Nigeria the assessable income of an individual shall be the amount of the income

of the year of assessment.

(2) For the purpose of subsection (1) of this section, income from an employment shall be

deemed to arise from day to day except to the extent that it is derived from any bonus,

commission or allowance payable on one occasion only or at intervals exceeding one month, and

to that extent it shall be deemed to be income -

(a) of the day on which it is paid; or

(b) if it is paid after the cessation of the employment, of the last day of the employment including

any terminal leave arising therefrom.

27. Trust and estate

Notwithstanding the foregoing provisions of this Part of this Decree, the assessable income of a

trustee, or of an executor of the estate of a deceased individual, or of a beneficiary of a trust or

estate for any year of assessment shall be the income of that person as determined under the

provisions of the second schedule to this Decree of the year preceding that year.

28. Itinerant workers

The assessable income for any year of assessment of an itinerant worker shall be determined

either under the provisions of section 23, 24, 25, 26, and 27 of this Decree or be the income of

the year ending on the thirty first day of December within the year of assessment.

29. Continuity of trades, etc.

An individual carrying on a trade, business, profession or vocation, shall not be treated as having

commenced or ceased so to do solely by reason of a change in the territory in which he is

deemed to be resident from one year to another, or by reason of his becoming or ceasing to be a

partner in a partnership if the nature of the trade carried on by that partnership is the same as that

carried on by him before or after he became or ceased to be a partner therein, as the case may be.

30. Apportionment of income

Where in the case of a trade, business, profession or vocation it is necessary in other to arrive at

the income of any year of assessment or other period to allocate or apportion to specific periods

the income or loss of any period for which accounts have been made up, or to aggregate any such

income or loss or any apportioned parts thereof, it shall be lawful to make such allocation,

apportionment or aggregation, and any apportionment under this section shall be made in

proportion to the number of days in the respective periods.

31. Receipts and payments after cessation of trade, etc.

Where after the date on which an individual has ceased to carry on a trade, business, profession

or vocation in Nigeria, he or, after his death, his personal representative receives or pay any sum

which could have been included in or deducted from his gain or profit of that trade, business,

profession or vocation if it had been received or paid prior to that date, that sum shall be deemed

for all purposes of this Decree to have been received or paid by him, as the case may be, on the

last day on which he carried on that trade, business profession or vocation.

32. Ascertainment of chargeable income

Where income tax is payable for any year of assessment on the chargeable income of an

individual, other than a corporation sole or body of individuals, the amount of that chargeable

income shall, notwithstanding anything to the contrary in any other enactment or law relating to

the ascertainment of chargeable income, be the amount of the total income of that individual for

that year, ascertained under the provisions of this Decree, after any income exempted has been

excluded therefrom and the deductions allowed by this Part of this Decree have been made.

33. Personal relief and relief for children, dependants

(1) There shall be allowed as personal relief in the case of every individual, a deduction of five

thousand naira plus 20 per cent of every earned income.

(2) in the case of an individual (other than a person to whom paragraph (b) (iv) of section 2 (1) of

this Decree relates) who ordinary resides in Nigeria, or who at any time during the year of

assessment -

(a) becomes ordinarily resident in Nigeria in connection with any trade, business, profession or

vocation carried on by him; or

(b) exercises any employment, the whole gains or profits of which are deemed under the

provisions of section 12 of this Decree to be derived from Nigeria, there shall also be allowed the

deduction specified in subsection (3) of this section.

(3) The deduction allowed under section (2) of this section shall be -

(a) a deduction of the amount of any alimony not exceeding three thousand naira paid to a former

spouse under an order of a court of competent jurisdiction in the case of an individual whose

marriage has been dissolved;

(b) a deduction of two thousand five hundred naira in respect of each unmarried child who was

maintained by the individual during the year preceding the year of assessment and who, on the

first day of that preceding year, had either not attained sixteen years of age, or was receiving full

time instruction in recognised educational establishment, or was under articles or indentures in a

trade or profession:

Provided that -

(i) no deduction under this paragraph shall be allowed to any individual in respect of more than

four children and for the purpose of applying this restriction, a husband and his wife or wives not

separated from him by deed or an order of any court shall be treated as one and the same

individual,

(ii) no additional deduction shall be allowed in respect of the costs incurred in connection with

the education of any child in respect of whom he is entitled to a deduction under this paragraph,

(iii) where the cost of maintaining a child is shared between two or more persons, the relevant

tax authority may apportion the sum of Two Thousand Five Hundred Naira as may seem to it to

be equitable between those persons, and the deduction to be allowed under this paragraph to any

individual in respect of that child shall be his apportioned share of that sum,

(iv) a widow who remarries shall be allowed a deduction of Two Thousand Five Hundred Naira

for every child (up to a maximum of four children) in respect of the children born by her to her

deceased husband;

(c) a deduction of the costs incurred by the individual during the year preceding the year of

assessment in maintaining or assisting to maintain a close relative of the individual or of the

individual’s spouse who was either incapacitated by old age or infirmity from maintaining

himself or is the widowed mother (whether so incapacitated or not) of the individual’s spouse:

Provided at -

(i) no deductions shall be allowed in respect of any relative whose income of the year preceding

the year of assessment exceeded one thousand naira,

(ii) the aggregate of all deductions to be allowed to two or more individuals for any year in

respect of anyone relative subject to a maximum of two relatives, shall not exceed two thousand

naira and, if the total of the costs incurred by them in respect of the same relative exceed that

sum, then the amount of the deductions to be allowed to any such individual shall be that same

proportion of that sum and the cost so incurred;

(iii) the aggregate of all deductions to be made under this paragraph in ascertaining the

chargeable income of anyone individual for any year, shall not exceed four thousand naira;

(d) 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) deduction of additional three thousand naira or 20 per cent of the earned income, whichever

is higher, in the case of a disabled person who uses special equipment or the services of an

attendant in the course of a paid employment.

(4) A deduction to be allowed to an individual for a year of assessment under this provisions of

this section, other than paragraph (a) of subsection (3) of this section, may -

(a) be claimed by and allowed to that individual or the spouse of that individual not separated

from him by deed or an order of a court on the first day of such year; or

(b) be partly claimed by and allowed to each spouse; but in no case shall the aggregate of the

deduction allowed to any husband and his wife or wives exceed the amount which would be

allowed if such individuals were treated as one sand the same individual.

(5) Where a deduction is claimed in respect of anyone child under paragraph (b), or anyone

dependent under paragraph (c) or any one annual premium under paragraph (d) of subsection (3)

of this section, for the same year of assessment, by both husband and wife and the aggregate

amount of the deductions so claimed exceeds the amount to be allowed, then in that case the

relevant tax authority shall apportion the amount to be allowed as it sees fit for deduction in

ascertaining the separate chargeable income of each such husband or wife.

(6) Where pursuant to a direction of the relevant tax authority a deduction is allowed under this

section to a husband or wife and the deduction has not been claimed, it shall be allowed to the

husband or wife, or to be apportioned between them as the relevant tax authority in its absolute

discretion may decide.

34. Deductions to be claims

Unless the relevant tax authority otherwise directs, no deduction under this Part of this Decree

shall be allowed to any person for a year of assessment unless claimed by him in writing in such

form as the relevant tax authority may prescribe.

35. Proof of claims

(1) The relevant tax authority may require a claimant to a deduction under section 33 of this

Decree to produce such documentary evidences as may be available in support of any claim and

in the absence of that evidence or if that evidence is, in the opinion of the relevant tax authority

inadequate, the relevant tax authority may refuse to allow the deduction or allow such part only

of the amount claimed as the relevant tax authority may decide.

(2) notwithstanding any provisions of this Decree -

(a) where a person has failed to produce documentary evidence in support of a claim to a

deduction under section 33 of this Decree, no objection to an assessment or, if the person is an

employee to any rate at which tax is required to be deducted from his remuneration under the

provisions of this Decree shall be valid on the grounds that deduction, or the full amount thereof,

has not been allowed or taken into account by the relevant tax authority; and

(b) where an individual claims a deduction under this Decree for year of assessment, or produces

evidence in support of a claim previously made and not admitted in fully by the relevant tax

authority within two years after the end of such year, such repayment or set-off of tax, or

reduction in any assessment shall be made so as to give effect to any amount or additional

amount of the deduction which the relevant tax authority is satisfied should properly be allowed.

PART IV - ASCERTAINMENT OF TOTAL INCOME

36. Total income from all source

(1) The total income of an individual for any year of assessment shall be the amount of his total

assessable income from all source for that year, together with any addition hereto to be made in

accordance with the provisions of the Fifth Schedule to this Decree, less any deductions to be

made or allowed in accordance with the provisions of subsection (2) of this section and of that

Schedule.

(2) There shall be deducted from the total assessable income of an individual -

(a) the amount of a loss incurred by him during the year of assessment in the trade, business,

profession or vocation:

Provided that no such deduction shall be made unless it is claimed in writing twelve months after

the end of the year of assessment;

(b) the amount of a loss which the relevant tax authority is satisfied has been incurred by him in

the trade, business, profession or vocation during any year preceding the year of assessment

which has not been allowed against his assessable income of a preceding year:

Provided that -

(i) in no circumstances shall the aggregate deduction from assessable income in respect of the

loss, exceed the amount of the loss,

(ii) a deduction under this paragraph for any year of assessment shall not exceed the amount, if

any, of the assessable income, included in the total income for that year of assessment, from the

trade, business, profession or vocation in which the loss was incurred, and so far as it cannot be

so made then from such amount of such assessable income of the next year of assessment, and so

on,

(iii) when land or buildings are let by an individual for the purposes of producing income and

during any year of assessment the expenses deductible under the provisions of section 20 of this

Decree in ascertaining the gains or profits from that income exceed the amount of that income,

the excess shall be treated as if it were a loss incurred by the individual in a trade or business

carried on by him, and

(iv) the period for carrying forward of any loss shall be limited to four years after which period

any such loss shall lapse.

(3) The amount of loss incurred by a person engaged in agricultural trade or business shall be

deducted as far as possible from the assessable profits of the first year of assessment after that in

which the loss was incurred and so far as it cannot be so made, then from such amount of such

assessable profits of the next year of assessment, and so on (without limit as to time) until the

loss has been completely set off against the person's subsequent assessable profits.

(4) For the purpose of subsection (2) of this section, the loss incurred during any year of

assessment shall be computed by reference to the year ending on a day in that year of assessment

which would have been adopted under subsection (2) of section 23 of this Decree for the

computation of assessable income of the following year of assessment if a profit had arisen.

(5) Where under the provisions of section 30 of this Decree for the purpose of computing the

income of a period from a source chargeable with tax under this Decree, being a period the

income of which is assessable income from that source for any year, it has been necessary to

allocate or apportion to specific periods which fall within that whole period both gains or profits

and losses, then no deductions shall be made under the provisions of subsection (2) of this in

respect of the loss or apportioned part thereof referable to that specific period, except to the

extent that the loss or part hereof exceeded the aggregate gains or profits apportioned to the

remaining specific period or periods within that whole period.

PART V - RATE OF TAX AND DOUBLE TAXATION

37. Charge of income tax

Subject to the provisions of this Decree, the income tax that may be payable on the chargeable

income of an individual ascertained in accordance with the provisions of this Decree shall in

respect of each year of assessment, be assessed at the rate or rates specified in the Sixth Schedule

of this Decree so however that where after all deductions allowable under this Decree, the

individual has no chargeable income or where the tax payable on the chargeable income of that

individual is less than 0.5 per centum of the total income of that individual, the individual shall

be charged to tax at that rate of 0.5 per centum of his total income.

38. Double taxation arrangement

(1) If the Minister by order, declares that, arrangements specified in the order have been made

with the Government of any country outside Nigeria with a view to affording relief from double

taxation in relation to tax imposed on income charged by this Decree and any tax of a similar

character imposed by the laws of that country, and it is expedient that those arrangements should

have effect, the arrangements shall have effect notwithstanding anything in any enactment.

(2) Where arrangements have effect by virtue of this section, any obligations as to secrecy in this

Decree or in any law of a territory subject to or incorporating the provisions of this Decree shall

not prevent the disclosure to an authorised officer of the Government with which the

arrangements are made of such information as is required to be disclosed under the

arrangements.

(3) The Minister may make rules for carrying out the provisions of arrangements having effect

under this section.

(4) An order made under the provisions of subsection (1) of this section may include provisions

for relief from tax for periods commencing or terminating before the making of the order and

provisions as to income which is not itself liable to double taxation.

(5) For the purpose of affording relief in Nigeria of double taxation, the arrangements specified

in the Seventh Schedule shall be deemed to have been made under the provisions of this section

and to apply throughout Nigeria with effect from the year of assessment on the first day of

January 1989 in the case of the United Kingdom and, in the case of any other country, on such

date as is specified in the arrangement with that country.

39. Method of calculating relief to be allowed for double taxation

(1) The provisions of this section shall have effect where, taxation, the arrangements specified in

the Seventh Schedule shall be foreign tax payable in respect of an income in the country with

whom the arrangements are made is to be allowed as a credit against tax payable in respect of

that income in Nigeria, and in this section, “foreign tax” means any tax payable in that country

which under the arrangement is to be so allowed.

(2) The amount of the tax chargeable in respect of the income which is liable to both tax and

foreign tax shall be reduced by the amount of the credit admissible under the terms of the

arrangement:

Provided that credit shall not be allowed against tax for any year of assessment unless the person

entitled to the income is resident in Nigerian in that year.

(3) The credit shall not exceed the amount which would be produced by computing, in

accordance with the provisions of this Decree, the amount of the income which is liable to both

tax and foreign tax, and then charging it to tax at a rate ascertained by dividing that chargeable

(before the deduction of any relief granted by this Part of this Decree) on the total income of the

individual entitled to the income by the amount of his total income.

(4) Without prejudice to the provisions of subsection (3) of this section, the total credit to be

allowed to an individual for any year of assessment for foreign tax under arrangements having

effect under section 38 of this Decree, shall not exceed the total tax payable by him for that year

of assessment.

(5) In computing the amount of the income

(a) no deductions shall be allowed in respect of foreign tax (whether in respect of the same or

any other income);

(b) where the tax chargeable depends on the amount received in Nigeria, that amount shall be

increased by the appropriate amount of the foreign tax in respect of the income; and

(c) where the income includes a dividend, and under the arrangements foreign tax not chargeable

directly or by deduction in respect of the dividend is to be taken into account in considering

Formatted: Highlight

whether any, and if so what, credit is to be given against tax in respect of the dividend, the

amount of the income shall be increased by the amount of the foreign tax not so chargeable

which fails to be taken into account in computing the amount of the credit.

(6) Notwithstanding the provisions of subsection (5) of this section, a deduction shall be allowed

of any amount by which the foreign tax in respect of the income exceeds any credit given under

the arrangements.

(7) Paragraphs (a) and (b) of subsection (5) of this section, shall apply to the computation of total

income for the purposes of determining the rate mentioned in subsection (3) of this section, and

shall apply thereto in relation to all income in respect of which credit falls to be given for foreign

tax under arrangements for the time being in force under section 38 of this Decree.

(8) Credit shall not be allowed under the arrangements against tax chargeable in respect of the

income of an individual for a year of assessment if he elects that credit shall not be allowed in

the case of his income for that year.

(9) A claim for an allowance by way of credit shall be made not later than two years after the end

of the year of assessment, and in the event of dispute as to the amount allowable, the claim shall

be subject to objection and appeal in like manner as an assessment.

(l0) Where the amount of a credit given under the arrangements is rendered excessive or

insufficient by reason of any adjustment of the amount of any tax payable either in Nigeria or

elsewhere, nothing in this Decree or in any law of a territory, limiting the time for the making of

assessments or claims for relief shall apply to any assessment or claim to which the adjustment

gives rise, being an assessment or claim made not later than two years from the time when shall

such assessment, adjustments and other determinations have been made, whether in Nigeria or

elsewhere, as are material in determining whether any, and if so what, credit falls to be given.

PART VI - PERSONS CHARGEABLE AND RETURNS

40. Persons chargeable and returns

(1) A taxable person shall be chargeable to the tax -

(a) in his own name; or

(b) in the name of

(i) a receiver, trustee, guarding, curator or committee have the direction, control or management

of property or concern on his behalf, or

(ii) a person treated as his agent under section 4 of this or declared to be his agent under section

49 (1) of this Decree, manner and to the like amount as the taxable person would be able.

(2) A person in whose name a taxable person is chargeable to tax shall be answerable for all

matters within his competence which are required to be done by virtue of this section for the

assessment of the income of the taxable person and payment of any tax charged thereon.

(3) Where two or more persons act in the capacity of trustees they may be charged jointly or separately

with the tax to which they are chargeable in that capacity and shall be jointly and

separately liable for payment of the tax.

41. Returns by taxable person

(1) For each year of assessment, a taxable person shall, without notice or demand therefore, file a

return of income in the prescribed form and containing the prescribed information with the tax

authority of the State in which the taxable person is deemed to be a resident together with a true

and correct statement in writing containing -

(a) the amount of income from every source of the year preceding the year of assessment

computed in accordance with the provisions of this Decree and rules or regulations made

thereunder; and

(b) such particulars as by the return may be required for the purpose of this Decree and rules or

regulations made thereunder with respect to any such income, allowance, relief, deduction or

otherwise as may be material for that purpose.

(2) The form of return shall contain a declaration which shall be by or on behalf of the taxable

person that the return contains a true and correct statement of the income computed in

accordance with the provisions of this Decree and rules or regulations made thereunder or that

particulars given in the return are true and complete.

(3) A taxable person shall file with the relevant tax authority the returns as stipulated in this

section within 90 days from the commencement of every year of assessment.

(4) A written return, statement or an information affecting the liability to tax of an individual for

a year of assessment made or given by a person to a tax authority may be treated as having been given to another tax

authority in the territory of which that individual is deemed to be resident for that year and, if an

error or omission in the return, statement or an information constitutes an offence under the

income tax law of that other tax authority, proceedings may be taken by that other tax authority

in respect of that offence as though the return, statement or information had been made or given

to that other tax authority in the first instance.

42. Place of an offence

Where failure to comply with a requirement lawfully made by a tax authority of a territory under

a provision of this Decree constitutes an offence by virtue of the provision of an enactment of

that territory, then the offence shall be deemed to have been committed at the place from which

the notice of the requirement was issued by that tax authority, or -at that place where the person

charged with the offence resides or at such other places as that tax authority may decide.

43. Returns not to be filed where income is N 10,000 or less

Notwithstanding that a tax authority requires taxable person to file a return containing the

amount of his income for each year of assessment, no return of income shall be filed by a person

whose only source of income in any year of assessment is employment in which he earns thirty

thousand naira or less from that source.

44. Self assessment by individual

A taxable person required by this Decree to file a return of income shall in the return calculate

the amount of tax payable.

44A. Bonus for Early filing of self assessment return

A person who files a return under section 41 and 44 of this Decree within the specified date for

filing of the return shall, if there is no default in the payment arrangement, be granted a bonus of

1 per cent of the tax payable.

45. Power to call for further returns

The relevant authority may give notice in writing a person when and so often as it thinks

necessary requiring him to deliver within a reasonable time limited by such notice fuller or

further returns respecting any matter as to which a return is require or prescribed by this Decree;

46. Power to call for returns, books, documents, and information

(l) For the purpose of obtaining full information in respect of the income or gain of a person, the

relevant tax authority may give notice to the person requiring him, with the time limited by the

notice, to -

(a) complete and deliver to the relevant tax authority, any returns specified in the notice;

(b) attend personally before an officer of the relevant tax authority for examination with respect

to any matter relating to such income or gains,

(c) produce or cause to be produced for examination at the place and time stated in the notice

which time may be from day-to-day for such period as the relevant tax authority may consider

necessary, for the purpose of the examination any book, documents, account and return which

the relevant, tax authority may deem necessary; or

(d) give orally or in writing any other information including name and address specified in the

notice:

Provided that a person engaged in banking, including a person charged with the administration of

the Federal Savings Bank Act, shall not be required to disclose any information unless a

disclosure is required in a letter signed by the chairman of the relevant tax authority.

(2) For the purpose of paragraph (a) to (d) of subsection (1) of this section, the time limited by a

notice shall not be less than seven days from the date of service of the notice, so however that an

officer of the relevant tax authority not below the rank of a Chief Inspector of Taxes may act in

any of the cases stipulated in subsection (l) (c) or (d) of this section, without giving any of the

required notices set out in this section.

(3) A person engaged in banking in Nigeria who contravenes the provisions of this section is, in

respect of each offence, liable on conviction to a fine of N 5,000 in the case of a body corporate,

and a fine of N 500 in the case of an individual.

(4) Nothing in the foregoing provisions of this section or in any other provisions of this Decree

shall be construed as precluding the relevant tax authority from verifying by tax audit any matter

relating to the income or gains of a person or any matter relating to entries in any book,

document, account or return as the relevant tax authority may from time to time specify in any

guideline by the relevant tax authority.

47. Disclosure and procurement of information

(1) Where a tax authority is in possession of any information, document or record relating to an

individual which in the interest of the public revenue in Nigeria should be disclosed or

transferred to the Board, that information, document or record shall be disclosed or transferred

notwithstanding any provision as to secrecy contained in any income tax law of a territory.

(2) A member of the relevant tax authority, its Secretary and any person employed in the offices

of the relevant tax authority shall not disclose any information relating to the income, tax or

personal circumstances of any person which has come into his possession in the course of his

duties except as may be expedient -

(a) in any legal proceeding arising from this Decree; or

(b) to any tax authority; or

(c) in accordance with any provision of an arrangement, with respect to taxes, made with any

other country.

(3) An information disclosed to a tax authority pursuant to subsection (2) of this section shall

thereafter be subject to the provisions of that subsection and to any secrecy provisions of the

income tax law administered by that authority.

(4) Subject to the provisions of subsections (1), (2) and (3) of this section, tax authority may, for

the purpose of obtaining information in respect of the income or personal circumstances of an

individual, give notice to any person to deliver the information including a name and an address

specified therein within the time limited by the notice.

48. Information to be delivered by banks

(1) Without prejudice to section 47 of this Decree, a person engaged in banking, including a

person charged with the administration of the Federal Savings Bank Act, shall prepare a return at

the end of each month specified the names and addresses of new customers of the bank and shall

not later than the seventh day of the next following month deliver the return to the tax authority of

the area where the bank operates, or where such customer is a company, to the Federal Board of

Inland Revenue.

(2) Subject to section (1) of this section, the relevant tax authority may, for the purpose of

obtaining information relative to taxation, give notice to a person, including a person engaged in the

banking business in Nigeria and a person charged with the administration of the Federal

Savings Bank Act, to provide within the time stipulated in the notice, information including the

name and address of any person specified in the notice.

Provided that a person engaged in banking business in Nigeria including any person charged

with the administration of the Federal Savings Bank Act shall not be required to disclose any

further information under this section unless the disclosure is required by a notice signed by the

chairman of the relevant tax authority.

(3) A person engaged in banking in Nigeria who contravenes the provisions of this section is, in

respect of each offence, liable on conviction to a fine of N 5,000, in the case of a body corporate,

and a fine of N 500, in the case of an individual.

(4) Nothing in the foregoing provisions of this section or in any other provisions of this Decree

shall preclude the relevant tax authority from verifying by tax audit any matter relating to the

profits of a company or any matter relating to entries in any book, document account or return as

the relevant tax authority may, from time to time, specific in its guidelines.

49. Power to appoint agent

(1) The relevant tax authority may by notice in writing appoint a person to be the agent of

another person and the person to declared as agent shall be the agent of that person for the

purposes of this Decree, and may be required to pay tax which is or will be payable by the person

from any money which may be held by him for, or due to or to or become due by him to, the

person whose agent he has been declared to be, and in default of that payment the tax shall be

recoverable from him.

(2) For the purposes of this section, the relevant tax authority may require any person to give

information as to any money, fund or other asset which may be held by him for, or of any money

due to him to any person.

(3) The provisions of this Decree with respect to objections and appeals shall apply to any notice

given under this section as though notice were an assessment.

50. Returns to be deemed to be furnished with due authority

A return, statement or from purporting to be furnished under this Part of this Decree by or on

behalf of my person shall for all purposes be deemed to have been furnished by that person or by

his authority, as the case may be, unless the contrary is power, and any person signing any such

return, statement or form shall be deemed to be cognisance of all matters therein.

51. Books of account

(1) If a taxable person fails or refuses to keep books of accounts which, in the opinion of the

relevant tax authority, are adequate for the purposes of the tax, the relevant tax authority may by

notice in writing direct the person to keep such records, books and accounts as the relevant tax

authority considers to be adequate in such form and in such language as may be specified in the

notice and, subject to the provisions of subsections (2) of this section, the person shall keep the

records, books and accounts as so directed.

(2) A direction of the relevant tax authority made under this paragraph shall be subject to

objection and appeal in like manner as an assessment except that any decision of the Appeal

Commissioners may confirm or modify such direction.

52. Power to enter and search premises site

(1) Where in respect of a trade, business, profession or vocation carried on in Nigeria by an

individual (whether or not part of the operations is carried outside Nigeria), the relevant tax

authority -

(a) is satisfied that there is reasonable ground for suspecting that an offence involving any form

of total or partial non-disclosure of information, or any irregularity or an offence in connection

with or in relation to tax has been committed; and

(b) is of the opinion that evidence of the offence or irregularity is to be found in the premises, the

registered office, or any other office or place of management of the trade, business, profession or

vocation or in the residence of the principal officer, factor, agent or representative of the

individual, the relevant tax authority may authorise any of its officers to enter; if necessary by

force, the premises, registered office or the place of management or the residence of the

individual, factor, agent or representative of the individual, at any time from the date of the

authorisation of and conduct a search.

(2) An authority to enter the premises, registered office, place of management or residence of an

individual, factor or agent of the individual to conduct a search shall be in a form contained in

Eighth Schedule to this Decree, and the authority shall have sufficient warrant to search, seize

and remove any records and documents found on such premises, office or place of management

or residence of the individual, his factor or agent whether or not, belonging to that individual,

factor, agent or the business.

(3) On entering a premises with a warrant under this section, the officer may seize and remove

anything whatsoever found therein which he has reasonable cause to believe may be required for

the purposes of arriving at a fair and correct tax chargeable on the individual or as evidence for

the purposes of a proceeding in respect of such an offence as is mentioned in subsection (1) of

this section.

(4) For the purposes of this section, an officer authorised by the relevant tax authority to execute

a warrant or search under this section may call to his assistance a police officer, and it shall be

the duty of the police officer to when so required to aid and assist in the execution of a warrant

for the purpose of obtaining an information on the tax charge or to be charged on the individual

or of the proceeding in respect of an offence referred to in subsection (1) of this section.

(5) Where an entry to a premises has been made with a warrant under this section and the officer

making the entry has seized anything under the authority of the warrant, he shall, immediately

before the seizure, if required by any person appearing to be the custodian of these things seized,

provide that person with the list of items seized or surrendered.

(6) A individual on whom a warrant it served under this section shall -

(a) co-operate fully with any person authorised to conduct a search by allowing him easy access

to the premises to be searched and to this items or documents may the required for the

investigation;

(b) answer all questions and queries put to him in the course;

(c) facilitate the removal of all items that any be required to assist the investigation.

(7) A person on whom a warrant of search is served and who refuses to co-operate with the

person or persons or engages in act or acts resulting in abuse, physical assault or similar

behaviour is guilty of an offence and liable on conviction to a fine of N 5,000 or to imprisonment

for a term not exceeding 3 months or to both such fine and imprisonment.

(8) A person may, before, during or after a warrant of search in or has been executed on him, be

called upon to attend an interview before an officer of the relevant tax authority, in connection

with the activities of the trade or business of the person as would enable the relevant tax

authority to arrive at a fair and correct tax liability of the person.

(9) In this section, “warrant” means the warrant as is mentioned under subsection (2) of this

section.

PART VII - Assessments

53. Assessment of income tax

(1) The relevant tax authority shall proceed to assess every taxable person chargeable with

income tax as soon as may be after the expiration of the time allowed to the person for the

delivery of the return provided for in section 41 of this Decree, or otherwise as it appears to the

relevant tax authority practicable so to do.

(2) Where a taxable person has delivered a return, the relevant tax authority may

(a) accept the return and make an assessment accordingly; or

(b) refuse to accept the return and, to the best of its judgement, determine the amount of the

assessable, total or chargeable income of that person and make an assessment accordingly.

(3) Where a taxable person has not delivered a return within the time allowed and the relevant

tax authority is of opinion that tax is chargeable on that person, the relevant tax authority may,

according to the best of its judgement, determine the amount of the assessable, total or

chargeable income and make an assessment accordingly, but that assessment shall not affect any

liability otherwise incurred by such person by reason of this failure or neglect to deliver a return.

(4) Nothing in this section shall prevent the relevant tax authority from making assessment on

taxable person before the expiration of the time within which the person is required to deliver a

return or give notice of his income under the provisions of section 41 of this Decree, if any

officer of the relevant tax authority considers the assessment to be necessary for any reason of

urgency.

(5) Notwithstanding the provisions of this section, no assessment to income tax for a year of

assessment shall be made by the relevant tax authority on an employee with respect to his

emolument or other income if that tax is recoverable by deduction under the provisions of

section 80 of this Decree unless, within six years after the end of that year -

(a) he applies to the relevant tax authority so to be assessed whether in connection with any

claim to repayment of tax or otherwise; or

(b) the relevant tax authority consider the assessment to be necessary or expedient so as to arrive

at the correct amount of the income tax to be charge on or to be payable by the employee for that

year.

54. Additional assessment

(1) If the relevant tax authority discovers or is of the opinion at any time that a taxable person

liable to income tax has not been assessed or has been assessed at a less amount than that which

ought to have been charged, the relevant tax authority may, within the year of assessment or

within six years after the expiration thereof and as often as may be necessary assess the taxable

person at such amount or additional amount as ought to have been

charged, and the provisions of this Decree as to notice of assessment, appeal and other

proceedings shall apply to that assessment or additional assessment and to the tax thereunder.

(2) For the purpose of computing under subsection (1) of this section the amount or the

additional amount which ought to have been charged, all relevant facts consistent with paragraph

(b) of the proviso section 65 (2) of this Decree shall be taken into account whether or

when a previous assessment on the same taxable person for the same year was being made or

could have been made:

Provided that where any form of fraud, wilful default or neglect has been committed by or on

behalf of a taxable person in connection with any tax imposed under this Decree, the relevant tax

authority may at any time and as often as may be necessary assess that taxable person at such

amount or additional amount as may be necessary for the purpose of making good any loss of tax

attributable to the fraud, wilful default or neglect.

55. List of persons assessed etc.

(1) The relevant tax authority shall as soon as possible prepare a list of taxable persons assessed

to income tax under this Decree.

(2) The list (in this Decree referred to as “the assessment list”) shall contain the names and

addresses of the taxable person assessed to income tax, the name and address of any person in

whose name the taxable person is chargeable, the amount of the assessable, total or chargeable

income on which, as the case may be, the tax is computed, the amount of the income tax charged,

and such other particulars as may be prescribed by the relevant tax authority.

(3) Where complete copies of all notices of assessment and of all notices amending assessments

are filed in the offices of the relevant tax authority they shall constitute the assessment lists for

the purposes of this Decree;

(4) In the case of an employee from whom tax is recoverable by deductions from his emoluments

under the provisions of section 80 of this Decree, the relevant tax authority may, from time to

time, prescribe -

(a) the form in which a record of this assessable and chargeable income, and of the tax so

recovered from him, shall be maintained in the offices of the relevant tax authority;

(b) the form in which his employer shall maintain a like record; and

(c) the form in which his employer shall account to the relevant tax authority for the tax so

deducted.

(5) The employer shall produce the record maintained by him pursuant to subsection (4) of this

section for examination by relevant tax authority within twenty-one days of notice given to that

effect by the relevant tax authority, and allow a duly authorised officer of the relevant tax

authority access to the record and to accounts or vouchers relating to hereto in the premises of

the employer all reasonable times.

(6) For the purpose of this section, a notice may be addressed in writing to the employer and

served on him, or be given in respect of an employer or class of employers by publication in the

relevant Gazette.

56. Service of notice of assessment

The relevant tax authority shall cause to be served on or sent by registered post to each taxable

person, or person in whose name a taxable person in chargeable, whose name appears in the

assessment lists a notice stating the amount of any assessable, total or chargeable income, the tax

charged, the place at which payment should be made, and setting out the rights of that person as

contained in sections 57 and 58 of this Decree.

57. Revision in case of objection

(1) If a person disputes an assessment he may apply to the relevant tax authority by notice of

objection in writing; to review and to revise the assessment, and the application shall state

precisely the grounds of objection to the assessment and shall be made within thirty days from

the date of service of the notice of the assessment.

(2) On receipt of a notice of objection, the relevant tax authority may require the person giving

that notice to furnish such particulars and to produce such books or other documents as the

relevant tax authority may deem necessary, and may summon any person who may be able to

give information which is material to the determination of the objection to attend for examination

by an officer of the relevant tax authority on oath or otherwise.

(3) If a person who has objected to an assessment agrees with the relevant tax authority as to the

correct amount of the tax chargeable, the assessment shall be amended accordingly and notice of

the tax chargeable shall be served on the person:

Provided that, if an applicant for revision under the provision of this subsection fails to agree

with the relevant tax authority on the amount of the tax chargeable, the relevant tax authority

shall give notice of refusal to amend the assessment as desired by that person and may revise the

assessment to such amount as the relevant tax authority may; according to the best of its

judgement, determine and give notice of the revised assessment and of the tax payable together

with notice of refusal to amend the revised assessment and, where requisite, any reference in this

Decree to an assessment or to an additional assessment shall be treated as revised under the

provisions of this proviso.

(4) If an employee from whom tax is recovered by deduction from his emoluments under the

provisions of section 80 of this Decree claims that inadequate relief under Part II of this

Decree has been taken into account in determining the rate or rates at which deductions have

been or is to be made -

(a) a determination of the relevant tax authority on the claim shall be conclusive with respect to

those rates for the year of assessment concerned’ and

(b) if the employee is aggrieved by that determination he may apply to the relevant tax authority

to be assessed to income tax a soon as may be after his assessable income for that year can be

finally ascertained, and the assessment shall be subject to the provisions of this Decree with

respect to objections and appeals.

58. Errors and defects in assessment and notice

(1) No assessment, warrant or other proceeding purporting to be made in accordance with the

provisions of this Decree shall be quashed, or deemed to be void or voidable, for want of form,

or be affected .by reason of a mistake, defect or omission therein, if the same is in substance and

effect in conformity with or according to the intent and meaning of this Decree and if the person

assessed or intended to be assessed or affected thereby is designated therein to common intent

and understanding.

(2) An assessment shall not be impeached or affected -

(a) by reason of a mistake therein as to -

(i) the name of a taxable person or of a person whose name a taxable person is chargeable, or

(ii) the description of income; or

(iii) the amount of any income tax charged or shown to be payable;

(b) by reason of any variance between the assessment and the notice thereof:

Provided that in the case of an assessment the notice thereof shall be duly served on the taxable

person intended to be charged or the person in whose name the taxable person is chargeable and

the notice shall contain, in substance and effect, the particulars on which the assessment is made.

PART VIII - APPEALS

59. Establishment of Body of Appeal Commissioners

(1) The State Commissioner may, by notice in the State Gazette, establish a Body of Appeal

Commissioners.

(2) An Appeal Commissioner -

(a) shall be appointed by the State Commissioner, by notice in the State Gazette, from among

persons appearing to him to have had experience and shown capacity in the management of a

substantial trade or business or the exercise of the profession of law, accountancy or taxation in

Nigeria;

(b) shall, subject to the provisions of this subsection, hold office for a period of three years from

the date of his appointment;

(c) may at any time resign as an Appeal Commissioner by notice in writing addressed to the

State Commissioner, except that on the request of the State Commissioner he may continue to act

as an Appeal Commissioner after the date of his resignation and sit at any further hearing in a

case in which he has already sat before that date to hear an appeal, until a final decision has been

given with respect to that appeal;

(d) shall cease to be an Appeal Commissioner if the State Commissioner determines that his

office be vacant and on notice of the determination being published in the State Gazette or on his

acceptance of a political appointment.

(3) The State Commissioner shall designate a public officer to be the secretary to the body of

Appeal Commissioners and the official address of the secretary shall be published in the State

Gazette.

(4) Subject to this section, the body of Appeal Commissioners shall remain in office until a new

body is sworn in.

60. Time limit for appeal

A taxable person being aggrieved by an assessment to income tax made upon him, having failed

to agree with the relevant tax authority in the manner provided in subsection (3) of section 57 of

this Decree, may appeal against the assessment on giving notice as provided in section 61 of this

Decree within thirty days after the date of service of notice of the refusal of the relevant tax

authority to amend the assessment as desired.

61. Notice to be given to relevant tax authority

(1) A notice of appeal to be given under the provisions of section 60 of this Decree shall be given

in writing to the relevant tax authority and shall set out

(a) the name and address of the applicant;

(b) the official number and the date of the relevant notice of assessment;

(c) the amount of the assessable, total or chargeable income and of the tax charged as shown by

that notice and the year of assessment concerned;

(d) the precise grounds of appeal against the assessment;

(e) the address for service of any notice or other documents to be given to the applicant;

(f) the date on which the applicant was served with notice of refusal by the relevant tax authority

to amend the assessment as desired.

(2) as soon as may be after receipt of notice of appeal, the secretary to the Appeal

Commissioners, shall having regard to the grounds of appeal therein disclosed and to any

relevant provisions of this Decree, deliver a copy thereof to the relevant tax authority and the

appeal shall thereupon be listed by the secretary for hearing accordingly.

(3) A notice or other document to be given to the Appeal Commissioners shall be addressed to

the secretary and be delivered at or sent by registered post to his official address.

(4) A tax payer may discontinue an appeal by him under this section on giving notice to the

secretary to the Appeal Commissioners in writing any time before the hearing of the appeal.

(5) Notwithstanding that notice of appeal against an assessment has been given by a tax payer

under this section the relevant tax authority may revise the assessment in agreement with the tax

payer, and on notice of the agreement being given in writing by the relevant tax authority to the

secretary to the Appeal Commissioners at any time before the hearing of the appeal, the appeal

shall be treated as being discontinued.

(6) On the discontinuance of an appeal under the provisions of this section, the amount or revised

amount of the assessment, as the case may be, shall be deemed to have been agreed between the

tax authority and the tax payer under the provisions of subsection (3) of section 57 of this

Decree.

62. Procedure before Appeal Commissioners

(1) The Appeal Commissioners shall, as often as may be necessary, meet to hear appeals in any

town in which is situated an office of the relevant tax authority and, subject to the provisions of

the next following subsection, at any such meeting

(a) any three or more Appeal Commissioners may hear and decide an appeal; and

(b) the Appeal Commissioners present shall elect one of their number to be the chairman for the

meeting.

(2) An Appeal Commissioner who has a direct or indirect financial interest in a tax payer or

being a relative of a person having such an interest, and having knowledge thereof, shall, when

any appeal by such tax payer is pending before the body of Appeal Commissioners, declare such

interest to the other Appeal Commissioners and give notice to the relevant tax authority in

writing of such interest or relationship and interest, and he shall not sit at any meeting for the

hearing of that Appeal.

(3) The provisions of subsection (2) of this section shall also apply where an Appeal

Commissioner is a legal practitioner or an accountant, and the tax payer is or has been a client of

that Appeal Commissioner.

(4) The secretary to the Appeal Commissioners shall give seven clear days notice to the relevant

tax authority and to the applicant of the date and place fixed for the hearing of an appeal except

in respect of an adjourned hearing for which the Appeal Commissioners have fixed a date at their

previous hearing.

(5) All notices, precepts and documents, other than decisions of the Appeal Commissioners may

be signified under the hand of the secretary.

(6) All appeals before the Appeal Commissioners shall be held in camera.

(7) A tax payer who appeals against an assessment shall be entitled to be represented at the

hearing of the appeal:

Provided that, if the person intended by the tax payer to be his representative in an appeal is

unable for good cause to attend the hearing thereof, the Appeal Commissioners may adjourn the

hearing for such reasonable time as they think fit, or admit the appeal to be made by some other

person or by way of written statement.

(8) The onus of proving that the assessment complained of is excessive shall be on the appellant.

(9) At the hearing of an appeal, if the representative of the relevant tax authority proves to the

satisfaction of the Appeal Commissioners of the court hearing the appeal in the first instance

that

(a) the appellant has, contrary to subsection (1) of section 41 of this Decree, for the year of

assessment concerned, failed to prepare and deliver to the relevant tax authority the statement

mentioned in that subsection; or

(b) the appeal is frivolous or vexatious or is an abuse of the appeal process; or

(c) it is expedient to require the appellant to pay an amount as security for processing the appeal,

the Appeal Commissioners or, as the case may be, the court may adjourn the hearing of the

appeal to any subsequent day and order the appellant to deposit with the relevant tax authority

before the day of the adjourned hearing an amount, on account of the tax charged by the

assessment under appeal, equal to the tax charged on the appellant for the preceding year of

assessment, or one half of the tax charged by the assessment under appeal, whichever is the

lesser.

(10) If the appellant fails to comply with an order under subsection (9) of this section, the

assessment against which he has appealed shall be confirmed and the appellant shall have no

further right of appeal whatsoever with respect to that assessment.

(11) The Appeal Commissioners may confirm, reduce, increase or annul the assessment or make

such order thereon as they see fit.

(12) A decision of the Appeal Commissioners shall be recorded in writing by their chairman and

a certified copy of the decision shall be supplied to the appellant or the relevant tax authority by

the secretary, on a request made within three months of the decision.

(13) where on the hearing of an appeal -

(a) no accounts, books or records relating to profits were produced by or on behalf of the

appellant; or

(b) those accounts, books or records were so produced but the Appeal Commissioners rejected

the same on the ground that it has been shown to their satisfaction that they were incomplete or

unsatisfactory; or

(c) the appellant or his representative, at the hearing of the appeal has neglected or refused to

comply with a precept delivered or sent to him by the secretary to the Appeal Commissioners

without showing reasonable excuse; or

(d) the appellant or a person employed, whether confidentially or otherwise, by the appellant or

his agent (other than his legal practitioner or accountant acting for him in connection with his

liability to tax) has refused to answer any question put to him by the Appeal Commissioners,

without showing any reasonable cause,

the chairman of the Appeal Commissioners shall record particulars of the same in his written

decision.

(14) The State Commissioner may make rules prescribing the procedure to be followed in the

conduct of appeal before the Appeal Commissioners.

63. Procedure of allowing decision of Appeal

(1) Notice of the amount by the assessment as determined by the Appeal Commissioners shall be

served by the relevant tax authority on the tax payer or on the person in whose name the tax

payer is chargeable.

(2) Where the tax chargeable on a tax payer or a year of assessment in accordance with a

decision of the Appeal Commissioners does not exceed two hundred Naira no further appeal by

the tax payer shall lie from that decision except with the consent of the Board.

(3) Notwithstanding that a further appeal is pending tax shall be paid, in accordance with the

decision of the Appeal Commissioners, within one month of notification for the amount of the

tax payable pursuant to subsection (1) of this section, and if it is not so paid, with or without

applying the provisions of section 55 of this Decree as the relevant tax authority thinks fit,

proceedings may be taken for its recovery in accordance with section 54 of this Decree.

64. Appeal to court

(1) Subject to the provisions of subsection (2) of section 63 of this Decree, a tax payer who,

having appealed against an assessment made on him to the Appeal Commissioners under the

provisions of section 60 of this Decree is aggrieved by the decision of the Appeal

Commissioners may appeal against the assessment and the decision to the High Court of the

State on giving notice in writing to the relevant tax authority within thirty days after the date on

which the decision was given.

(2) Where no Body of Appeal Commissioners has been appointed with jurisdiction to hear an

appeal against an assessment made on a tax payer, the relevant tax authority in the manner

provided in subsection (3) of section 57 of this Decree, may appeal against the assessment to the

High Court of the State on giving notice in writing to the relevant tax authority within thirty days

after the date of service of notice of the refusal by the relevant Tax authority to amend the

assessment as desired.

(4) If the relevant tax authority is dissatisfied with a decision of the Appeal Commissioners, it

may appeal against that decision to the High Court of the State on giving notice in writing to the

other party to the appeal within thirty days after the date on which decision was given.

(5) Seven clear days notice of the date fixed for the hearing of the appeal shall, unless rules made

hereunder otherwise provide, be given all parties thereto.

(6) The provisions to subsections (7), (8) and (9) of section 62 of this Decree and of subsection

(1) of section 63 of this Decree shall apply to an appeal under this section with any necessary

modifications.

(7) All appeals shall be heard in camera unless the Judge shall, on the application of the tax

payer, otherwise direct.

(8) If on the hearing of an appeal from a decision of the Appeal Commissioners given under the

provisions of section 62 of this Decree a certified copy of that decision is produced before the

High Court and the decision contains a record by reference to-

(a) paragraph ( a) of subsection (13) of section 62 of this Decree, the High Court shall dismiss

the appeal; or

(b) paragraph (b) of subsection (13) of section 62 of this Decree; the High Court may dismiss

the appeal on prima facie evidence, with respect of the accounts, books seem sufficient; or

(c) paragraph (c) or (d) of subsection (13) of section 62, it considers that the cause of the neglect

or refusal was reasonable.

(9) Notwithstanding anything contained in section 67 of this Decree, if in a particular case the

judge, from information given at the hearing of the appeal, is of the opinion that the tax may not

be recovered, he may, on application being made by or on behalf of the relevant tax authority,

require the appellant to furnish within such time as may be specified security for payment of the

tax and if the security is not given within the time specified by the tax assessed shall become

payable and recoverable forthwith.

(10) The costs of the appeal shall be in the discretion of the Judge hearing the appeal and shall be

a sum fixed by the Judge.

(11) the chief Judge of the State may make rules providing for the method of tendering evidence

before a Judge on appeal, the conduct of the appeals and the procedure to be followed by a judge.

(12) An appeal against the decision of a Judge shall lie to the Court of Appeal and thereafter to

the Supreme Court

(a) at the instance of the tax payer, where the decision of the Judge is to the effect that the tax

chargeable on the tax payer for the relevant year of assessment exceeds four hundred Naira; and

(b) at the instance of or with the consent of the relevant tax authority; in any other case:

Provided that no costs shall be awarded against the tax payer in an appeal instituted by the

relevant tax authority under this subsection unless the decision of the Judge was to the effect

mentioned in paragraph (a) of this subsection.

65. Assessment to be final and conclusive

(1) Where no valid objection or appeal has been lodged within the time limited by section 57 or

60 of this Decree or where due notice has not been given of a further appeal against a decision of

the Appeal Commissioners or a Judge, as the case may be, an assessment as made. or agreed to

under the provisions of subsection (3) of section 57 of this Decree determined under the

provision to that subsection or on appeal, as the case may be, shall be final and conclusive for all

purpose of the Decree as regards the amounts of the assessable, total or chargeable income and

the tax charged thereby.

(2) If the full amount of the tax charged by a final and conclusive assessment is not paid within

the appropriate period or periods prescribed by this Decree, the provisions thereof relating to the

recovery of tax, and to any penalty under section 75 of this Decree, shall apply to the collection

and recovery of the tax or penalty subject only to the set-off of the amount of any tax repayable

under any claim made under a provision of this Decree which has been agreed to by the relevant

tax authority or determined on an appeal against a refusal to admit that claim:

Provided that -

(a) where an assessment has become final and conclusive any tax overpaid, including any

amount deposited with the relevant tax authority on account of the tax charged by the

assessment, shall be paid;

(b) nothing in section 57 of this Decree shall prevent the relevant tax authority from making an

assessment or additional assessment for any year which does not involve reopening any issue, on

the same facts, which has been determined for that year of assessment under subsection (3) of

that section or on appeal.

66. Appeal provisions of Companies Income Tax Act to apply with certain exceptions

Subject to the foregoing provisions of this Part of this Decree, the provisions of sections 51, 53

and 54 of the Companies Income Tax and of any rules made or deemed to have been made

thereunder shall, with any necessary modifications, apply, in the case of a person to whom

paragraph (b) of subsection (1) of section 2 of this Decree relates, to any appeal under this

Decree.

PART IX - COLLECTION, RECOVERY AND REPLACEMENT OF TAX

67. Payment of income tax

(1) Income tax charged by an assessment which is not or has not been the subject of an objection

or appeal shall be payable, after the deduction of any amount to be set-out for the purposes of

collection, or any amount deposited against the tax, at the place stated in the notice of assessment

within two months after the date of service of that notice.

Provided that

(a) if the period of two months expires before the fourteenth day of December within the year of

assessment for which the income tax has been charged, and the aggregate of the tax to be

deducted as aforesaid and of any income tax paid for that year within that period amounts to not

less than one-half of the tax so charged, then payment of any balance of such tax may be made

not later than that day;

(b) the relevant tax authority in its discretion may extend the time within which payment is to be

made.

(2) Collection of income tax in a case where notice of an objection or an appeal has been given

by or on behalf of the person shall remain in abeyance until the objection or appeal is

determined, except that the relevant tax authority may enforce payment of that portion, if any, of

the tax which is not in dispute.

(3) On the determination of an objection or appeal the relevant tax authority shall serve notice on

the taxable person of the tax chargeable as so determined and that tax shall be payable within one

month of the date of service of the notice.

Provided that, if the period of one month ends before the fourteenth day of December within the

year of assessment and the conditions specified in Paragraph (a) of the proviso to subsection (1)

of this section are otherwise satisfied with respect to the amount of the tax chargeable as so

determined, then any balance of that tax to be paid may be paid not later than that day.

(4) Notwithstanding any of the foregoing provisions of this section, if in a particular cause the

relevant tax authority has reason to believe that any income tax charged by an assessment may

not be recovered, by reason of the person charged leaving Nigeria or otherwise, the relevant tax

authority may give notice, to pay the amount of the tax, or to give security to the satisfaction of

the relevant tax authority for payment thereof, and if the payment is not made, or security so

given, within that time, the amount of the tax shall be recoverable forthwith for the purpose of

this subsection, and the relevant tax authority may, if necessary assess any taxable person for any

year of assessment at any time during the preceding year of assessment.

68. Deduction on tax on rent

(1) Where a rent becomes due or payable to a person, the payer of the rent shall, at the date when

the rent is paid or credited, whichever first occurs, deduct therefrom tax at the rate prescribed in

subsection (2) of this section and shall forthwith pay over to the relevant tax authority the

amounts so deducted.

(2) The rate at which tax is to be deducted for the purpose of this section shall be 10 per centum

of gross rent.

(3) In accounting for the tax so deducted to the relevant tax authority the payer shall state in

writing the following particulars which shall accompany the remittance, that is -

(a) the gross amount of the rent;

(b) the amount of tax being accounted for;

(c) the name and address of the recipient and the period for which rent has been paid or credited;

and

(d) the address or accurate description of the property concerned.

(4) For the purpose of this section, the relevant tax authority shall be determined in accordance

with the provisions of section 2 of this Decree.

(5) The payer of a rent in subsection (1) of this section refers to a company (corporate or

unincorporated) and includes Government Ministries and Departments, parastatals, statutory

bodies, institutions and other established organisations approved for the operation of Pay As You

Earn system whether or not liable itself to tax under any enactment or law relating to taxation of

income in Nigeria or elsewhere.

(6) The tax, when paid over to the Board, shall be the final tax due from a non-resident recipient

of the payment.

69. Deduction of tax on interest, etc.

(1) Where a payment, such as interest or royalty, becomes due or payable to a person, the payer

at the date when the payment is made or credited whichever first occurs, shall deduct therefrom

tax at the rate prescribed in subsection (2) of this section and shall forthwith pay over to the

relevant tax authority the amount so deducted.

(2) The rate at which is to be deducted under this section shall be 10 per centum of gross interest

and 5 per centum of gross royalty; and

(3) In accounting for the tax to so deducted to the relevant tax authority, the payer shall state in

writing the following particulars, that is -

(a) the gross amount of the payment;

(b) the name and address of the recipient; and

(c) the amount of tax being accounted for -

(4) For the purpose of this section, the relevant tax authority shall be determined in accordance

with the provisions of section 2 of this Decree; except in the cause of saving interest where the

relevant tax authority shall be that where the branch of the bank paying the interest is situated.

(5) The payer in subsection (1) of this section refers to any company (corporate and

unincorporated) including Government Ministries and Departments, parastatals, statutory bodies,

institutions and other established organisations approved for the operation of Pay As You Earn

system whether or not liable itself to tax under any enactment or law relating to taxation of

income in Nigeria or elsewhere.

(6) The provisions of this section shall not apply to payments of interest by any person engaged

in banking where the interest is due and payable on pass-book savings account which is less than

N 50,000.00.

(7) The tax, when paid over to the Board, shall be the final tax due on the income.

70. Deduction of tax on dividend

(1) Where a dividend or any such distribution becomes due from or payable by a Nigeria

company to a person, the company making shall at the date when the amount is paid or credited

whichever comes first occurs, deduct thereof tax at the rate prescribed under subsection (2) of

this section and shall forthwith pay over to the relevant tax authority the amount so deducted.

(2) The rate at which tax is to be deducted in this section shall be 10 per centum.

(3) In accounting for the tax so deducted to the relevant tax authority, the company shall state in

writing the following particulars that is -

(a) the gross amount of the dividend or such other distribution;

(b) the name and address of the recipient; and

(c) the accounting period or periods of the company in respect of the profits of which the

dividend or distribution is declared to be payable and the date on which the payment is due.

(4) For the purpose of this section, the relevant tax authority shall be determined in accordance

with the provisions of section 2 of this Decree.

71. Deduction of tax on director's fees

(l) Where any payment of director's fees becomes due from or payable by a Nigerian company to

a person, the payer at the date when the payment is made or credited whichever comes first

occurs, deduct thereof tax at the rate prescribed under subsection (2) of this section and shall

forthwith pay over to the relevant tax authority the amount so deducted.

(2) The rate at which tax is to be deducted in this section shall be 10 per centum.

(3) In accounting for the tax so deducted to the relevant tax authority, the company shall state in

writing the following particulars that is -

(a) the gross amount of the payment;

(b) the name and address of the recipient; and

(c) the amount of tax being accounted for.

(4) For the purpose of this section, the relevant tax authority shall be determined in accordance

with the provisions of section 2 of this Decree.

(5) The payer in subsection (l) of this section refers to any company (corporate and

unincorporated) including Government Ministries and Departments, parastatals, statutory bodies,

institutions and other established organisations approved for the operation of Pay As You Earn

system whether or not liable itself to tax under any enactment or law relating to taxation of

income in Nigeria or elsewhere.

72. Deduction of tax at source

(1) Income tax assessable on a person whether or not an assessment has been made, shall, if the

relevant tax authority so directs, be recoverable from any payment made by any person to that

person.

(2) A direction under subsection (1) of this section -

(a) may apply to a person specified in the direction either with respect to a person or persons or a

body of individuals, liable to pay tax;

(b) shall be in writing addressed to the person or be published in the State Gazette and shall

specify the nature of payments and the rate at which tax is to be deducted.

(3) In determining the rate of tax to be applied to any payment made to person, the relevant tax

authority may take into account -

(a) any assessable income of that person for the year arising from any other source chargeable to

income tax under this Decree; and

(b) any income tax or arrears of tax payable by that person for any of the six preceding years of

assessment.

(4) Income tax recovered under the provisions of this section by deduction from payments made

to a person shall be set-off for the purposes of collection against tax charged on that person by an

assessment, but only the extent that the total of those deductions does not exceed the amount of

the assessment.

(5) A person required under any provisions of the Decree to make a deduction from payments

made to a person shall account to the relevant tax authority in such a manner as the relevant tax

authority may prescribe for the deduction so made.

(6) The Minister on the advice of the Board may, from time to time, make regulations for

carrying out the provisions of this section.

73. Penalty for failure to deduct tax

A person who, being required to deduct tax under section 68, 69, 70 or 71 of this Decree, fails

to deduct or having deducted fails to pay to the relevant tax authority within thirty days from the

date the amount was deducted or the time the duty to deduct arose, is guilty of an offence under

this Decree and is liable on conviction to a fine of N 5,000 (Decree 30 1996) or 10 per centum of

the amount of tax due, whichever is higher, in addition to the amount of tax deductible or

deducted plus interest at the prevailing commercial rate.

74. Application of provisions

(1) The provisions of sections 68, 69, 70 and 71 of this Decree shall apply respectively to

dividend, interest, rent and royalty forming part of the income or profit exempted from tax under

any section of this Decree and the Third Schedule thereto;

Provided however, that dividend, interest, rent or royalty derived from outside Nigeria and

brought into Nigeria through Government approved channels shall remain exempted.

(2) For the purpose of this section, Government approved channels means

(a) the Central Bank of Nigeria;

(b) any bank or corporate body appointed by the Minister as authority declared under the

Second-Tier foreign Exchange Market Decree 1986 or any enactment replacing that Decree.

75. Penalty for non-payment of income tax

(1) If any income tax charged by any assessment is not paid within the periods prescribed in

section 67 of this Decree a sum equal to ten per centum per annum of the tax shall be added

thereto, and the provisions of this Decree relating to the recovery and collection of tax shall

apply to the recovery and collection of that sum.

(2) The relevant tax authority shall serve a demand note on the taxable person or the person in

whose name the taxable person is chargeable and, if payment is not made within one month from

the date of the service of the demand note, the relevant tax authority may proceed to enforce

payment as hereinafter provided.

(3) A penalty imposed under this section shall not be deemed to be part of the tax paid for the

purpose of claiming relief under any provision of this Decree.

(4) A person who without lawful justification or excuse, the proof whereof shall lie on such

person, fails to pay the income tax within the period of one month prescribed in subsection (2) of

this section, shall be guilty of an offence under this Decree.

76. Interest for late payment of income tax

The tax due from a taxable person shall carry interest at bank based lending rate from the date

when the tax becomes payable until it is paid.

77. Action for income tax by the relevant tax authority

(1) Income tax may be sued for and recovered in a court of competent jurisdiction by the relevant

tax authority in its official name with full costs of action from the person charged therewith as a

debt due to the Government of the Federation or to the relevant authority.

(2) For the purposes of this section a court of competent jurisdiction shall include a magistrate

court, which court is hereby invested with the necessary jurisdiction, provided that the amount

claimed in any action does not exceed the amount of the jurisdiction of the magistrate concerned

with respect to action for debt.

(3) In an action brought under subsection (1) of this section, the production of a certificate signed

by a person duly authorised by the Chairman of the relevant tax authority giving the name and

address of the defendant and the amount of income tax due shall be sufficient evidence of the

amount so due and sufficient authority for the court to give judgement for the said amount.

78. Remission of penalty

The relevant tax authority may, for any good cause shown, remit either before or after judgement

the whole or any part of the penalty due under section 75 of this Decree.

79. Remission of tax

The Executive of the State may, on the recommendation of the Commissioner of Finance and

Economic Development acting on the advice of the relevant tax authority, remit wholly or in

part, any tax payable under this Decree if satisfied that it is just and equitable so to do.

80. P. A. Y. E.

(1) Income tax chargeable on an employee by an assessment whether or not the assessment has

been made, shall, if the relevant tax authority so directs, be recoverable from any emolument

paid, or from any payment made on account of the emolument, by the employer to the employee.

(2) A direction under subsection (1) of this section shall be in writing addressed to an employer

or be published in the State Gazette, and shall specify the emolument of an employee or class of

employees to which it refers and the amount or amounts of income tax to be deducted

whether by reference to tax tables issued by the relevant tax authority or otherwise.

(3) In arriving at the amount of income tax to be deducted from any payment of or on account of

the emolument to an employee, the relevant tax authority shall secure so far as possible that the

aggregate amount of all the deductions made during a year of assessment shall equal the income

tax chargeable on him in respect of this emoluments for that year.

(4) Notwithstanding the provisions of subsections (3) of this section, in determining the amount

of a deduction or deductions to be made in the case of any particular employee, the relevant tax

authority may take into account assessable income of that employee for the same year arising

from any other source chargeable with income tax under this Decree.

(5) Income tax recovered under the provisions of this section by deduction from the emoluments

of an employees shall be set-off the purposes of collection against tax charged on him by an

assessment, but only to the extent that the deductions have been made on account of or by

reference to an income charged by the assessment.

(6) The Minister may make regulations generally-for the carrying out of the provisions of this

section.

81. Employer to be answerable for tax deducted

An employer required under a provision of this Decree to make deductions from emoluments or

amounts on account of emoluments paid by him to an employee shall account to the relevant tax

authority in such manner as the relevant tax authority may prescribe for the deductions so made,

and in the event of failure by the employer to make the deduction, or properly to account

therefore, the amount thereof together with a penalty of ten per centum per annum of the amount

plus interest at the prevailing commercial rate shall be recoverable as a debt by the employer to

the relevant tax authority.

82. Relief in respect of error or mistake

(1) If a taxable person who has paid income tax for a year of assessment alleges that an

assessment made on him for that year was excessive by reason of some error or mistake in a

return, statement or an account made by him or on his behalf for the purpose of the assessment,

he may, at any time not later than six years after the end of the year of assessment within which

the assessment was made, make an application in writing to the relevant tax authority for relief.

(2) On receiving an application, the relevant tax authority shall enquire into the matter and shall,

subject to the provisions of this section, give, by way of repayment of tax relief in respect of the

error or mistakes as appears to be reasonable and just:

Provided that no relief shall be given under this section in respect of an error or a mistake as to

the basis on which that liability of the applicant ought to have been computed where the return,

statement or account was in fact made on the basis or in accordance with the practice of the

relevant tax authority generally prevailing at the time when the return, statement or account was

made.

(3) In determining an application under this section, the relevant tax authority shall have regard

to all the relevant circumstances of the case, and in particular, shall consider whether the

granting of relief would result in the exclusion from charge to tax of any part of the income of

the applicant, and for that purpose the relevant tax authority may. take into consideration the

liability to tax of the applicant and any assessment made on him for other years.

(4) A determination of the relevant tax authority under the section shall be final and conclusive.

83. Repayment of tax

(1) Except as is otherwise provided in this Part of this Decree claim for payment of tax shall not

be allowed unless it is made in writing within six years after the end of the year of assessment to

which it relates.

(2) The relevant tax authority shall give a certificate of the amount of any tax to be repaid under

any of the provisions of this Part of this Decree under any order of a court of competent

jurisdiction, and on the receipt of certificate the Accountant-General of the relevant territory

shall cause repayment to be made in conformity therewith.

84. Tax clearance certificate

(1) Whenever the relevant tax authority is of the opinion that tax assessed on the income of a

person for the three years immediately preceding the current year of assessment has been fully

paid or that no tax is due on the income or that the person is not liable to tax for any of those

three years, it shall issue a tax clearance certificate to the person within two weeks of demand for

the certificate by that person or give within two weeks of demand for the certificate by that

person or reason for the denial, so however that the payment of current year tax shall not be

made a condition for the issuance of the certificate unless the applicant is leaving the country

finally.

(2) A Ministry, Department or an agency of Government or a commercial bank with whom a

person has any dealing with respect to any of the transactions mentioned in subsection (4) of this

section shall demand from the person a tax clearance certificate for the three years immediately

preceding the current year of assessment.

(3) A tax clearance certificate shall disclose in respect of the last three years of assessment.

(a) chargeable income;

(b) tax payable;

(c) tax paid; and

(d) tax outstanding or alternatively a statement to the effect that tax is due.

(4) The provisions of subsection (2) of this section shall apply in relation to the following that is

-

(a) application for Government loan for industry or business;

(b) registration of motor vehicle;

(c) application for firearms license;

(d) application for foreign exchange or exchange control permission to remit funds outside

Nigeria;

(e) application for certificate of occupancy;

(f) application for award of contracts by Government, its agencies and registered companies;

(g) application for approval of building plans;

(h) application for trade license;

(i) application for import or export license;

(j) application for agent license;

(k) application for agent license;

(l) application for pools or gaming license;

(m) application for registration as a contractor;

(n) application for distributorship;

(o) confirmation of appointment by Government as chairman or member of public board,

institution, commission, company or to any other similar position made by the Government;

(p) stamping of guarantor's form for the Nigerian Passport;

(q) application for registration of a limited liability or of a business name;

(r) application for allocation of market, stalls;

(s) appointment or election into public office.

(5) An applicant for control permission to remit funds to a non-resident recipient in respect of

income accruing from rent, dividend, interest, royalty, fees or any other similar income shall be

required to produce a tax clearance certificate to the effect that tax has been paid on the fund in

respect of which the application is sought or that no tax is payable, whichever is the case.

(6) When a person who has deducted any tax pursuant to the provisions of this Decree fails to

pay the tax so deducted to the relevant tax authority, n9 tax clearance certificate may be issued to

that person even if he has fully discharged his own tax liability under this Decree.

(7) A person who

(a) for the purpose of obtaining a tax clearance certificate, gives incorrect information in relation

to any matter or thing affecting his liability to tax; or

(b) obtains tax clearance certificate through misrepresentation, forgery or falsifications guilty of

an offence and liable on conviction to a fine of N 500 plus twice the tax payable by him or to

imprisonment for three years or to both such fine and imprisonment.

(8) Where a person is able to produce evidence that he has suffered tax deduction at source and

that the year of assessment to which the tax relates falls within the period covered by the tax

clearance certificate, the person shall not be denied a tax clearance certificate;

Provided that any balance of tax after credit for the tax so deducted has been fully paid.

PART X - ADMINISTRATIVE AND TRANSITIONAL PROVISIONS

85. Joint Tax Board

(1) There is hereby established a Board which shall be known as the Joint Tax Board (in this

Decree referred .to as “the Board”)

(2) The Board shall consist of the following members, that is -

(a) the chairman of the Federal Board of Inland Revenue, appointed pursuant to section 1 of the

Companies Income Tax Act who shall be Chairman of the Board, and;

(b) one member from each State, being a person experienced in income tax matters nominated

either by name or office, from time to time, by the Commissioner charged with responsibility for

matters relating to income tax in the State in question; and a nomination under this paragraph

shall be evidenced by notice thereof in writing delivered to the Secretary to the Board.

(3) The Federal Civil Service Commission shall appoint an officer who is experienced in income

tax matters to be Secretary to the Board, and may, in accordance with existing law, appoint such

other staff as the Board may deem to be necessary, from time to time including on secondment or

transfer, from any public service in Nigeria.

(4) the Secretary shall not be a member of the Board but shall responsible for maintaining

records of the Board’s proceedings and for signifying all decisions of the Board.

(5) The Secretary shall summon a meeting of the Board whenever the business requiring its

attention so warrants, or on the request of a member, and a majority decision of the members

obtained by him in written correspondence on any matter, shall be treated in all respect as though

it were a decision of the Board in an actual meeting unless any member has requested the

submission of that matter to such meeting.

(6) At a meeting of the Board, a member may be represented by an official duly authorised by

the member for such purpose, and seven members or their representatives shall constitute a

quorum.

(7) The Chairman or any person duly authorised to represent him under subsection (6) of this

section shall preside at all meetings of the Board and every decision of the Board shall, when

there is no consensus, be by majority of the members present and voting, and the Chairman shall

have a casting vote apart from his deliberative vote when there is equality of votes.

(8) The Legal Adviser, Federal Board of Inland Revenue shall be in attendance at meeting of the

Board and shall serve thereat as adviser to the Board.

(9) The Board shall -

(a) exercise the power or duties conferred on it by express provisions of this Decree, and any

other powers and duties arising under this Decree which may be agreed by the Government of

each territory to be exercised by the Board;

(b) exercise powers and perform duties conferred on it by any enactment of the Federal

Government imposing tax on the income and profits of companies, or which may be agreed by

the Minister Finance to be exercised or performed by it under the enactment in place of the

Federal Board of Inland Revenue;

(c) advise the Federal Government, on request, in respect of double taxation arrangement

concluded or under consideration with any other country, and in respect of rates of capital

allowances and other taxation matters having effect throughout Nigeria in respect of any

proposed amendment to this Decree;

(d) use its best endeavours to promote uniformity both in the application of this Decree and in

the incidence of tax on individuals throughout Nigeria; and

(e) impose its decisions on matters of procedure and interpretation of this Decree on any State for

purposes of conforming with agreed procedure or interpretation.

(10) The Federal Government shall provide an office for the Board of which the recurrent

expenses incurred by that Government, including the emoluments of the Secretary and any other

officers or employees of the Board, shall be shared between the Federal and State Governments

either in proportion to their respective tax revenues or in some other manner as those

Governments may agree upon from time to time.

85A. Establishment of State Board of Internal Revenue

(1) There is hereby established for each state, a Board to be known as the State Board of Internal

Revenue (in this Decree referred to as “the State Board”) whose operational arm shall be known

as the State Internal Revenue Service for (in this Decree referred to as “the State Service”.)

(2) The State Board shall comprise -

(a) the executive head of the State Service as Chairman, who shall be a person experienced in

taxation and be appointed by the Military Administrator from within the State Service;

(b) the Directors and Heads of Departments within the State Service;

(c) a Director from the State Ministry of Finance;

(d) the legal Adviser to the State Service;

(e) three other persons nominated by the Commissioner for Finance in the State on their

personal merit; and

(f) the Secretary of the State Service who will shall be an ex officio member.

(3) Any five members of the State Board, of whom one shall be the Chairman or a Director, shall

constitute a quorum.

(2) The Secretary of the State Service shall be appointed by the Board from within the State

Service.

(3) Notwithstanding that the Legal Adviser to the State Services is a member of the State Board,

he may appear for and represent the State Board of State Service in his professional capacity in

any proceedings in which the State Board or State Service is a party, and the Legal Adviser shall

not in such circumstances give evidence on behalf of the State Board or State Service.

(4) The Secretary shall summon a meeting of the State Board whenever the business requiring its

attention warrants, or on the request of a member.

(5) A majority decision of the members on any matter obtained by the Secretary in written

correspondence shall be treated in all respects as though it were a decision of the Board in an

actual meeting unless any member has requested the submission of the matter to such meeting.

85B. Functions of the State Board

(1) The State Board shall be responsible for -

(a) ensuring the effectiveness and optimum collection of all taxes and penalties due to the

Government under the relevant laws;

(b) doing all such things that may be deemed necessary and expedient for the assessment and

collection of the tax and shall account for all amounts so collected in a manner to be prescribed

by the Commissioner;

(c) making recommendations, where appropriate, to the Joint Tax Board on tax policy, tax

reform, tax registration, tax treaties and exemption as may be required, from time to time;

(d) generally controlling the management of the State Service on matter of policy, subject to the

provisions of the law setting up the State Service; and

(e) appointing, promoting transferring and imposing discipline on employees of the State

Service.

(2) The State Board shall be autonomous in the day-to-day running of the technical, professional

and administrative affairs of the State Service.

(3) Subject to subsection (4) of this section, the State Board may, by notice in the Gazette or in

writing authorise any person to -

(a) perform or exercise on behalf of the State Board, any function, duty or power conferred on

the State Board; and

(b) receive any notice or other document to be given or delivered to or in consequence of this

Decree or any subsidiary legislation made under it.

(4) Notwithstanding the provisions of subsection (3) of this section, the State Board shall not

delegate any power conferred on it under section 2, 6, 17, 45, 46, 49, 52, 53, 54, 56, 77, 85, 91,

94, 95 and 96 of this Decree to any person.

85C. Establishment of Technical Committee of the State Board

(1) There shall be a Technical Committee of the State Board (in this Decree referred to as “the

Technical Committee”) which comprises

(b) the Chairman of the State Board as chairman;

(c) the Directors within the State Service;

(d) the Legal Adviser to the State Service;

(e) the Secretary of the State Service;

(2) The Technical Committee shall -

(a) have powers to co-opt additional staff from within the State Service in the discharge of its

duties;

(b) consider all matters that require professional and technical expertise and make

recommendations to the State Board;

(c) advise the State Board on all its powers and duties specifically mentioned in section 85B of

this Decree;

(d) attend to such other matters as may, from time to time, be referred to it by the Board.

85D. Establishment of Local Government Revenue Committee

(1) There shall be established for each Local Government Area of a State a Committee to be

known as the Local Government Revenue Committee (in this Decree referred to as the Revenue

Committee).

(2) The Revenue Committee shall comprise

(a) the Supervisor for Finances as Chairman;

(b) three Local Government Councillors as members; and

(c) two other persons experienced in revenue matters to be nominated by the Chairman of the

Local Governments on their personal merits.

85E. Functions of the Revenue Committee

(1) The Revenue Committee shall be responsible for the assessment and collection of all taxes,

fines and rates under its jurisdiction and shall account for all amounts so collected in a manner to

be prescribed by the Chairman of the Local Government.

(2) The Revenue Committee shall be autonomous of the Local Government Treasury and shall

responsible for the day-to-day administration of the Department which forms its operational arm.

85F. Establishment and composition of Joint State Revenue Committee

There is hereby established for each State of the Federation a Joint State Revenue Committee

which shall comprise

(a) the Chairman of the State Internal Revenue Service as the Chairman;

(b) the Chairman of the Local Government Revenue Committee;

(c) a representative of the Bureau on Local Government Affairs not below the rank of a Director;

(d) a representative of the Revenue Mobilisation Allocation and Fiscal Commission, as an

observer;

(e) the State Sector Commander of the Federal Road Safety Commission, as an observer;

(f) the Legal Adviser of the State Internal Revenue Service;

(g) the Secretary of the Committee who shall be a staff of the State Internal Revenue Service.

85G. Functions

The functions of the State Joint Revenue Committee shall be to

(a) implement decisions of the Joint Tax Board;

(b) advise the Joint Tax Board and the State and Local Government on revenue matters;

(c) harmonise tax administration in the State;

(d) enlighten members of the public generally on State and Local Government revenue matters;

and

(e) carry out such other functions as may be assigned to it by the Joint Tax Board.

PART XI - OFFENCES AND PENALTIES

86. Offences and penalties

(1) A person guilty of an offence under this Decree, or a person who contravenes or fails to

comply with any of the provisions of this Decree or any rule or regulation made thereunder for

which no other penalty is specifically provided, shall be liable on conviction to a fine of two

hundred Naira and where the offence is the failure to furnish a return, statement or information

or to keep records required, a further sum of forty Naira for every day during which the failure

continues, and, in default to payment, to imprisonment for six months, and the liability of such

further sum shall commence from the day following the conviction, or from such other day

thereafter as the Court may order.

(2) A person who -

(a) fails to comply with the requirements of a notice served on him under this Decree; or (b)

without sufficient cause, fails to attend in answer to a notice or summons served on him under

this Decree, or having attended fails to answer question lawfully put to him, is guilty of an

offence against this Decree.

(3) Notwithstanding any of the provisions of the Criminal Procedure Act or the Criminal

Procedure Law or Code of a State, a magistrate may dispense with the personal attendance of the

defendant if he pleads guilty in writing or so pleads by a legal practitioner.

(4) In the case of failure by a person to comply with the requirements of a notice given by the

relevant tax authority under the provisions of section 41 of this Decree for the purposes of the

income tax for a year of assessment to be charged on that person, with respect to income from

any source other than from an employment, the relevant tax authority may, in lieu of the

institution of proceedings against the person under the provisions of subsection (2) of this

section, impose a penalty on him of an amount equal to the income tax chargeable on him for the

preceding year of assessment:

Provided that -

(a) written notice of the penalty shall be served on the person:

(b) any amount of the penalty remaining unpaid thirty days after service of the notice, may be

used for and recovered in a court of competent jurisdiction by the relevant tax authority in its

official name with full costs of action from the person liable thereto as a debt to the Federal

Government or relevant State;

(c) a certificate signed by an officer of the relevant tax authority setting out the name and address

of the person, the date of service of the notice and the amount of the penalty remaining unpaid,

shall be sufficient authority for the court to give judgement for that amount; and

(d) the relevant tax authority may remit the whole or any part of the penalty, whether before or

after judgement, for any reason which appears to it to be adequate.

87. Penalty for making incorrect returns

(1) A person who, without reasonable excuse -

(a) makes an incorrect return by omitting or understating any income liable to tax under this

Decree; or

(b) gives an incorrect information in a relation to a matter or thing affecting the liability to tax of

any taxable person,

is guilty of an offence and liable on conviction to a fine of ten per centum of the correct tax and

double the amount of tax which has been undercharged in consequence of the incorrect return or

information, or would have been so undercharged if the return or information had been accepted

as correct.

(2) No person shall be liable to a penalty under this section unless the complaint concerning the

offence was made in the year of assessment in respect of or during which the offence was

committed or within six years after the expiration thereof.

(3) The relevant tax authority may compound any offence under this section and may before

judgement stay or compound any proceeding thereunder.

88. False statements and returns

(1) A person who -

(a) for the purpose of obtaining a deduction, set-off, relief or an overpayment in respect of tax for

himself or any other person, or who in a return, account or particulars made or furnished with

reference to tax, knowingly makes false statement or false representation; or

(b) aids, abets, assists, counsels, incites or induces any other person -

(i) to make or deliver a false return or statement under this Decree; or

(ii) to keep or prepare a false accounts or particulars concerning any income on which tax is

payable under this Decree, or

(iii) unlawfully refuses or neglects to pay tax,

is guilty of an offence and liable on conviction to a fine of five thousand Naira or imprisonment

for five years or to both such fine and imprisonment:

Provided that where an offence under this section is committed by a person in relation to tax

payable by, or repayable to him for a year of assessment, there shall be substituted for the

amount of the fine as aforesaid, the amount of one thousand Naira or treble the tax chargeable on

the person for that year, whichever is the greater.

(2) The Board may compound an offence under this section and with the level of the court may

before judgement stay or compound any proceeding thereunder.

89. Penalty for offences by authorised and unauthorised persons

A person who

(a) being a person appointed for the due administration of this Decree or employed in connection

with the assessment or collection of the tax -

(i) demands from a person an amount in excess of the authorised assessment of the tax, or

(ii) withholds for his own use or otherwise, a portion of the amount of tax collected, or

(iii) renders a false return, whether orally or in writing, of the amount of tax collected or received

by him, or

(iv) defrauds a person, embezzles any money, or otherwise use his position to deal wrongly with

the relevant tax authority; or

(b) not being authorised under this Decree to do so, collects or attempts to collect the tax under

this Decree,

is guilty of an offence and liable on conviction to a fine of one thousand Naira or to

imprisonment for three years or both such fine and imprisonment.

90. Tax to be payable notwithstanding proceedings for penalties

The institution of proceedings for the imposition of a penalty, fine or term of imprisonment

under this Decree shall not relieve a person from liability to payment of any tax for which he is

or may been liable.

91. Prosecution to be with sanction of Board

No prosecution in respect of an offence under this Part of this Decree may be commenced except

at the instance of the relevant tax authority.

92. Suing for criminal proceedings

The provisions of this Part of this Decree shall not affect any criminal proceedings under any

other enactment.

93. Place of an offence

An offence under this Decree shall be deemed to occur in the State or at such place as the

relevant tax authority may decide.

PART XII- POWERS OF TAX COLLECTORS

94. Definition of Tax Collector

(1) For the purpose of this Part of this Decree, a tax collector means duly authorised official of

the State Service or the Federal Board of Inland Revenue.

(2) The production by a tax collector of a certificate or warrant -

(a) issued by, and having printed thereon the official name of the relevant tax authority;

(b) setting out his full name or names, and stating that he is, or is authorised to exercise the

functions of a Tax Collector,

shall be sufficient evidence that the Tax Collector is duly authorised for the purpose of this

Decree.

95. Power to enter and require information

Whenever it is necessary for the purpose of obtaining information in relation to a person who is

or may be liable to the tax imposed by this Decree, or the income, occupation or domestic

circumstances of that person, or for the purpose of collecting the tax, a Tax Collector may,

during daylight hours, enter into and upon any house or premises, provided he does so without

damage to the house or premises, and require a person found therein to give all the information

orally to him.

96. Power to distrain for non-payment of tax

(1) Without prejudice to any other power conferred on the relevant tax authority for the

enforcement of payment of tax due from a taxable person, where an assessment has become final

and conclusive and a demand note has, in accordance with the provisions of this Decree, been

served on the taxable person or on the person in whose name the taxable person is chargeable,

then if payment of the tax is not made within the time limited by the demand note, the relevant

tax authority may, in the prescribed form, for the purpose of enforcing payment of the tax due -

(a) distrain the taxpayer by his goods or other chattels, bonds or other securities;

(b) distrain upon any land, premises, or place in respect of which that taxpayer is the owner, and

subject to the following conditions of this section, recover the amount of tax due by sale of

anything so distrained.

(2) The authority to distrain under this section shall be in such form as the relevant tax authority

may direct, and that authority shall be sufficient warrant and authority to levy by distress the

amount of tax due.

(3) For the purpose of levying a distress under this section, an officer authorised in writing by,

the relevant tax authority may execute a warrant of distress, and if necessary break open any

building or place in the day time for the purpose of levying the distress and he may call to his

assistance any police officer and it shall be the duty of that police officer when so required to aid

and assist in the execution of the warrant of and in levying the distress.

(4) Things distrained under this section may, at the cost of the taxable person, be kept for

fourteen days and the end of that time if the amount due in respect of the tax and cost and

charges of an incident to the distress are not paid, they may, subject to subsection (6) of this

section, be sold at any time thereafter.

(5) Out of the proceeds of a sale under this section, there shall in the first place be paid the cost

or charges of and incidental to the sale and keeping of the distress, and disposal thereunder and

in the next place the amount due in respect of the tax, and the balance (if any) shall be payable to

the person on demand being made by him or on his behalf within one year of the date of the sale.

(6) Nothing in the section shall be construed so as to authorise the sale of an immovable property

without an order of a High Court, made on application in such form as may be prescribed by

rules of court.

97. Obstruction to be an offence

Any person who -

(a) having been required to give information under the provisions of the preceding section

wilfully obstructs a Tax Collector in the performance of his duties by neglecting or refusing to

give such information; or

(b) otherwise obstructs or wilfully misleads or attempts to mislead a Tax Collector in the

performance of his duties under this Part of this Decree,

is guilty of an offence under this Decree.

98. Immunity from action, etc.

A Tax Collector shall not be liable in any action or proceeding, whether civil or criminal, for

anything done or said by him in the lawful exercise of the powers conferred upon him by section

94 of this Decree.

PART XIII - MISCELLANEOUS

99. Repeal of Cap. 172 LFN and Cap. 174 LFN

Subject to section 6 of the Interpretation Act, the Income Tax Management Act and the Income

Tax (Armed Forces and Other Persons) (Special Provisions) Act are hereby repealed.

99 A. [Cap. 192 LFN]

The Capital Transfer Tax Act 1979

100. Interpretation

In this Decree, unless the context otherwise requires “assessable income” means assessable

income determined under the provisions of Part III of this Decree;

“Board” means the Joint Tax Board established under section 85 of this Decree;

“company” means a company or corporation (other than a corporation sole) established by or

under a law in force in Nigeria or elsewhere;

“employment” includes any appointment or office whether public or otherwise for which

remuneration is payable, and “employee” and “employer” shall be construed accordingly;

“executor” includes any person administering the estate of a deceased person;

“individual” includes a corporation sole and a body of individuals but does not include a

company, partnership, community, family, trustee or executor or any other trustees or executors;

“itinerant worker” means an individual who works at any time during a year of assessment (other

than as a member of the armed forces) for a daily wage or customarily earns his livelihood in

more than one place in Nigeria and whose total income does not exceed N 600;

“Minister” means the Minister or Secretary charged with responsibilities relating to taxation;

“Nigerian company” means any company incorporated under the Companies and Allied Matters

Decree 1990 or any enactment replaced by that Decree;

“person” includes an executor, trustee, company, partnership, community, family and individual;

“relevant tax authority” means, in relation to

(a) an individual for a year of assessment, the authority of the territory in which the

individual is deemed to be resident that year;

(b) an executor, the tax authority of the territory in which the deceased individual was last

deemed to be resident or would have been deemed to be resident in the provisions of this Decree

had been in force prior to the date of this death;

(c) a trustee of a trust or settlement -

(i) where all the income of the settlement or trust for a year of assessment arises in one territory,

the tax authority of that territory; or

(ii) where the income of the settlement or trust for a year of assessment arises in more than one

territory, or in any other case (where the relevant tax authority cannot be determined under any

of the foregoing provisions), the Federal Board of Inland Revenue;

(d) a partnership for a year of assessment, the tax authority of the territory in which the principal

office or place of business of the partnership in Nigeria is situated on the first day of that year, or

is first established during that year;

(e) a village or other indigenous community, the tax authority of the territory in which that

community is to be found;

(f) a person to whom section 2 (1) (b) of this Decree applies, the Federal Board of Inland

Revenue;

“State Board” means the State Board established under section 85A of this Decree,

“tax” means any income tax imposed in conformity with the provisions of this Decree;

“tax authority” means the Federal Board of Inland Revenue, that State Board of Internal Revenue

or the Local Government Revenue Committee;

“taxable person” means an individual or body of individuals (including a family, any corporation

sole, trustee or executor, having any income which is chargeable with tax under the provisions of

this Decree;

“territory” means State of the Federation and includes the Federal Capital Territory, Abuja;

“total income” means, in relation to an individual for a year of assessment his aggregate

assessable income for that year after the additions and deductions specified in Part IV of this

Decree have been made;

“year of assessment” means the period of twelve months commencing on the first day of

January.

101. Citation and application

This Decree may be cited as the Personal Income Tax Decree 1993 and shall apply through the

Federation except as herein provided.

SCHEDULES

FIRST SCHEDULE

Section 8 (7), 15 and 27

DETERMINATION OF RESIDENCE

1. Interpretation

In this schedule, unless where the context otherwise requires -

“earned income” in relation to an individual, means income derived by him from a trade,

business, profession, vocation or employment carried on or exercised by him and a pension

derived by him in respect of a previous employment;

“foreign employment” means an employment the duties of which are wholly performed outside

Nigeria save during any temporary visit of the employee to Nigeria;

“Nigeria employment” means any employment, not being a foreign employment, the duties of

which are wholly or partly performed in Nigeria;

“Nigerian pension” means a pension in respect of past service under, and payable by, a

Government or Governments in Nigeria;

“place of residence” in relation to an individual, means a place available for his domestic use in

Nigeria on a relevant day, and does not include any hotel, rest-house or other place at which he is

temporarily lodging unless no more permanent place is available for his use on that day;

“principal place of residence” in relation to an individual with two or more places of residence

on a relevant day, not being both within anyone territory means -

(a) in the case of an individual with no source of income other that a pension in Nigeria, that

place of those places in which he usually resides;

(b) in the case of an individual who has a source of earned income other than a pension in

Nigeria, that place of those places which on a relevant day is nearest to his usual place of work;

(c) in the case of an individual who has a source or sources of unearned income in Nigeria, that

place of those places in which he usually resides.

2. Foreign employment

An individual not being a 'person to whom subsection (1) (b) of section 2 of this Decree applies,

who holds a foreign employment on the first day of January in a year of assessment, or whom

first becomes liable to income tax in Nigeria for that year by reason of his entering that

employment during that year, shall be deemed to be resident for that year in the territory in

which the principal office of his employer is situated on that day or on the day his foreign

employment commences, as the case may be.

3. Nigerian employment

An individual who holds a Nigeria employment on the first day of January in a year of

assessment, or who first becomes liable to income tax in Nigeria for that year by reason of his

entering that employment during that year, shall be deemed to be resident for that year in the

territory in which he has a place or principal place of residence on that day or, as the case may

be, on the day on which he enters upon the full duties of that employment in Nigeria:

Provided that if the individual is on leave from a Nigerian employment on the first day of

January in a year of assessment he shall be deemed to be resident for that year by reference to his

place or principal place of residence immediately before his leave began.

4. Other employment

An employee whose remuneration is subject to income tax in Nigeria for a year of assessment,

but who is not deemed to be resident in a territory for that year under the provisions of paragraph

3 of this schedule, shall be deemed to hold a foreign employment, and if he has no territory of

residence for that year under the provisions of paragraph 2 of this schedule, he shall be deemed

to be a person to whom subsection (1) (b) of section 2 of this Decree applies.

5. Pensions

(1) An individual whose only source of earned income arising in Nigeria on the 1st day of

January in a year of assessment was a pension, and who had a place or principal place of

residence on that day shall be deemed to be resident for that year in the territory in which that

place or principal place of residence was situated on that day.

(2) An individual whose only source of earned income arising in Nigeria on the 1st day of

January in a year of assessment was pension, and who had no place of residence on that day,

shall 'be deemed to be resident for that year -

(a) if the pension is a Nigerian pension wholly payable by Government of one territory, not being

a Nigerian pension in respect of which the subsection (1) (b) of section 2 of this Decree applies,

in that territory;

(b) if the pension is not a Nigerian pension, in the territory in which the principal office in

Nigeria of the pension fund or other person authorising payment of the pension is situated.

(3) An individual whose only source of earned income arising in Nigeria on the 1st day of

January in a year of assessment was a Nigerian pension, and who had no place of residence on

that day shall, if the pension is payable by more than one Government or if there are two or more

pensions arising in different territories to the individual on that day, be subject to subsection (1)

(b) of section 2 of this Decree.

6. Other earned income

An individual (other than a corporation sole or body of individuals) who has a source of earned

income in Nigeria for a year of assessment, other than 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 1st day of January in that year;

Provided that -

(a) if the source of the income is first acquired by the individual during the year of assessment,

and he had no place of residence on the first day of that year, he shall be deemed to be residence

for that year in the territory where he first establishes a place of residence during that year; and

(b) in any other case, the individual shall be deemed to be resident for that year in any territory

from which any part or the whole of his earned income arising in Nigeria is derived, if the

income is derived from more than one territory.

7. Unearned income

An individual (other than corporation sole or body of individuals) who has no source of earned

income in Nigeria for a year of assessment but who has one or more source of unearned income

in Nigeria for that year shall be deemed to be resident for that year in the territory in which he

has a place or principal of residence on the 1st day of January of that year:

Provided that -

(a) if all the unearned income of the individual for that year arises in one territory, and he has no

place of residence on that day, he shall be deemed to be residence for that year in that territory;

(b) if the unearned income of the individual arises for that year in more than one territory, and he

has no place of residence on that day, he shall be deemed to be resident for that year in the

territory from which any part of the unearned income arises.

8. Application

(1) Where the territory of residence of an individual for a year of assessment may be determined

under more than one of the preceding paragraphs of this Schedule, it shall be determined y the

first numbered paragraph which is applicable to his circumstances.

(2) If, by reason of sub-paragraph (1) of this paragraph, or otherwise, a determination of

residence an individual for a year of assessment falls to be revised by a tax authority, other than

that of the territory in which the individual is finally determined to be resident for that year, it

shall discharge any assessment made by it on the income of the individual for that year.

9. Corporation sole or body of individuals

A corporation sole or body of individuals other than a family or community shall be deemed to

be resident for a year of assessment in the territory in which its principal office in Nigeria is

situated on the 1st day of January in that year or, if it has no office in Nigeria on that day, in a

territory in which any part or the whole of its income liable to tax in Nigeria arises for that year.

10. Objections, disputes and appeals

(1) In an objection to an assessment which is or includes, an objection to the determination of an

individuals territory of residence by any tax authority, the individual shall set out all the grounds

on which he relies to refute that determination, and those grounds together with the observations

thereon by that tax authority shall be referred by it to the Board.

(2) Where a dispute arises as to-the territory of residence of an individual for a year of

assessment, either between two or more tax authorities or between a tax authority and individual

before he has been assessed to tax by that authorised for that year, the facts may be referred to

the Board by any tax authorised which is a party to the dispute.

(3) Where a dispute arises between two or more tax authorities with respect to the territory of

residence of an individual for a year of assessment and that individual has already been assessed

to tax in Nigeria for that year, the facts of that dispute may be referred to the Board by any tax

authority.

(4) The Secretary to the relevant tax authority shall give notice of any grounds, observations or

facts referred to the relevant tax authority under the provisions of sub-paragraphs (1), (2), or (3)

of this paragraph to those parties, including the individuals who are affected or likely in his

opinion to be affected by a determination of residence by the relevant tax authority, and shall

afford the parties a period being not less than forty days from the issue of the notice in which to

reply thereto.

(5) The Secretary to the Board may, call for further information to be given by any party,

including an individual, to an objection or dispute within such time as may appear to him to be

reasonable, and after the expiry of that period or to the period mentioned in subparagraph (4) of

this paragraph, whichever is the later, the Board shall proceed to determine the territory of

residence of the individual for the relevant year of assessment.

(6) Written notice of a determination by the Board shall be given by its Secretary to the

individual and to each tax authority affected thereby, and an assessment which has been made on

that individual otherwise than in accordance with the determination of he Board shall be

discharged.

(7) Pending a determination by the Board, the tax authority which has referred an objection to

the Board under the provisions of this paragraph shall not determine that objection unless that

objection in so-far as it concerns the territory of residence of the individual, is previously

withdrawn by him in writing.

(8) A determination of the Board under this paragraph shall be binding all tax authorities and on

an appeal tribunal or other body established under a law of a territory for the purposes of income

tax within that territory, but may be questioned by the individual in the High Court of the

territory of the tax authority which has made the relevant assessment.

(9) It shall not be competent for an appellant in an appeal against an assessment, to enter a

ground of appeal concerning his territory of residence which he has not disclosed on a valid

objection to the relevant assessment.

(10) An appeal from a decision of a High Court in respect of the territory of residence of an

individual shall lie to the Court of Appeal.

(11) Where a tax authority discovers that an individual who has been assessed by it to tax for a

year of assessment, is deemed to be resident for that year in the territory of some other tax

authority, the assessment shall be discharged and any tax already paid by the individual in

respect of that assessment shall be -

(a) set-off against tax owing for any other year by that individual to the first-mentioned

authority; or

(b) paid to the Government of that other authority; or

(c) prepaid to the individual, in such proportions as the first-mentioned authority may decide.

SECOND SCHEDULE

Section 16 and 27

PART 1 - INCOME FROM SETTLEMENTS, TRUSTS AND ESTATES

1.

Subject to Part II of this Schedule and notwithstanding Part III of this Schedule, the income of a

settlement or trust shall for all the purposes of this Decree be deemed to be the income of the

settlor or person creating the trust, as the case may be , if

(a) that settlor or person retains or acquires an immediately exercisable general power of

appointment over the capital assets of the settlement or trust of over the income derived there

from; or

(b) that settlor or person make use, directly or indirectly, by borrowing or otherwise of any part

of the income arising under the settlement or trust; or

(c) the settlement or trust is revocable in circumstances whereby that settlor or person, or the

spouse thereof, resumes control over any part of the income or assets comprised therein:

Provided that a settlement or trust shall not be regarded as revocable solely by reason of the fact

that income or asset comprised therein may prevent to that settlor or person or the spouse

thereof; in the event of a beneficiary predeceasing that settlor or person, or of the happening of

an uncertain event upon which the settlement or trust is limited.

2.

(1) For the purposes of this Part and Part III of this Schedule, the income of a settlement or trust,

other than a settlement or trust to which the provisions of paragraph 4 of this Schedule apply, or

of the estate of a deceased individual shall be so much of that income as it derived from a source

in Nigeria and any of the income brought into or received in Nigeria.

(2) The amount of the income (in this Schedule referred to as the “computed income”) of each

period of twelve months ending on the thirty-first day of December in each year shall be

ascertained as though the provisions of Parts I and II of this Decree applied thereto and -

(a) there shall be deducted -

(i) any expenses of the trustee or executor relative to the settlement, trust or state which is

authorised by the terms of the deed of settlement or trust or of the will as the case may be;

(ii) any annuity of fixed annual amount paid out of the income of the settlement, trust or estate in

accordance with the provisions of the deed or will; and

(b) if the income includes any gain or profit from a trade, business, profession or vocation, or a

rent or premium, there shall be added or deducted, as the case may require, any sum which

would have been added or deducted for the next following year of assessment under the

provisions of Part IV of this Decree if the income from those sources had been the assessable

income of an individual for that year of assessment under the provisions of section 36 of this

Decree.

3.

The computed income of a year of settlement, trust or estate shall be apportioned for the

assessment in the following manner.

(a) where -

(i) the terms of the deed of settlement or trust or of a will provide that the whole income of the

settlement, trust or estate after deduction of any authorised expense or annuity of fixed amount is

to be divided in specific proportions among the beneficiaries entitled thereto, from time to time,

or

(ii) by operation of law, on an intestacy, the income of an individual is to be divided in the

manner referred to in sub-paragraph (a) (1) of this paragraph, the income of each beneficiary of

any year from the settlement, trust or estate shall be his similarly apportioned share of the

computed income;

(b) where a trustee or executor has discretion to make any payment (other than a payment on

account) to a beneficiary out of the income of settlement, trust or estate in such amount as he

sees if, from time to time, then -

(i) the amount of the payment to a beneficiary made in the cause of a year shall be treated as

income of that year which is assessable to tax in the hands of that beneficiary, and

(ii) out of the remainder of the computed income after deducting the aggregate amount of all the

payments during any year, there shall be apportioned to each beneficiary who has any specified

proportional interest in the income of the settlement, trust or estate, so much thereof as is

obtained by applying the proportion to that remainder:

Provided that if the aggregate amount exceeds the computed income, the amount of each

payment to be treated as income in the hands of a beneficiary under this sub-paragraph shall be

reduced proportionally so that the aggregate of the amount as so reduced does not exceed the

computed income;

(c) any remainder of the computed income of a settlement, trust or estate of any year after

deducting all amount apportioned to beneficiaries, or treated as income in the hands of

beneficiaries under the provisions of sub-paragraph (b) of this paragraph shall be apportioned to

the trustee or executor for assessment in his name as trustees of the settlement or trust or as

executor of the estate.

PART II - SPECIAL PROVISIONS AS TO SETTLEMENT ON UNMARRIED

CHILDREN

4.

(1) Notwithstanding any other provision of this Decree where, by virtue or in consequence of a

settlement and during the life of the settlor an income is paid to or for the benefit of a child of the

settlor in a year of assessment, the income shall, if at the time of payment the child was an infant

and unmarried, be trusted for the purposes of this Decree as the income of the settlor for that year

and not as the income of any other person.

(2) Income paid to or for the benefit of a child of a settler shall not be treated as provided in subparagraph

(1) of this paragraph for any year of assessment in which the aggregate amount of the

income paid to or for the benefit of that child, which but for this subparagraph, would be so

treated by virtue of sub-paragraph (1) of this paragraph, does not exceed five hundred Naira.

(3) This paragraph shall not apply in relation to an income arising under a settlement in a year

preceding a year of assessment if the Settlor is not in Nigeria at any time during that year of

assessment, or is not in Nigeria for a period or periods amounting to one hundred and eighty-three

days or more in any twelve months period commencing in the calendar year and ending

either in the same year or the following year.

5.

For the purposes of paragraph 4 of this Schedule -

(a) income which, by virtue or in consequence of a settlement may become payable or applicable

to or for the benefit of a child of the settlor in the future (where on the fulfilment of a condition

or on the happening of a contingency, or as the result of the exercise of a power or discretion

conferred on any person, or otherwise) shall be deemed to be paid to or for the benefit of that

child; and

(b) an income dealt with as aforesaid which is not required by the settlement to be allocated, at

the time when it is so dealt with, to any particular child or children of the settlor shall be deemed

to be paid in equal shares to or for the benefit of each of the children to or for the benefit of

whom or any of whom the income or assets representing the income will or may become payable

or applicable.

6.

(1) Where, by virtue of paragraph 4 of this Schedule, any income tax becomes chargeable on and

is paid by the settlor, he shall be entitled -

(a) to recover from any trustee or other person to whom the income is payable by virtue or in

consequence of the settlement the amount of the tax so paid; and

(b) for that purpose to require the relevant tax authority to furnish to the settlor a certificate

specifying the amount of income in respect of which he has so paid tax and the amount of the tax

so paid, and any certificate so furnished shall be conclusive evidence of the facts appearing

therein.

(2) where the settlor obtains from a trustee or any other person a payment in excess of the

amount he is entitled to recover by virtue of Sub-paragraph (1) of this paragraph then, an amount

equal to the excess shall be paid by him to the trustee or other person to whom the income is

payable by virtue or in consequence of the settlement, or, where there are two or more such

persons, the amount shall be apportioned among those persons as the case may require.

(3) If a question arises as to the amount of any payment or as to any apportionment to be made

under sub-paragraph (2) of this paragraph, that question shall be decided by the relevant tax

authority and its decision thereon shall be final and not subject to an appeal or any review

whatsoever by any court of law.

7.

(1) In the case of any settlement where there are more than one settlor paragraph 4 of this

Schedule shall, subject to the provisions of this paragraph, have effect in relation to each settlor

as if he were the only settlor.

(2) In the case of a settlement as aforesaid, income originating from that settlor or person may,

for the purposes of paragraph 4 of this Schedule, be taken into account, in relation to any settlor,

as income paid by virtue or in consequence of the settlement to or for the benefit of a child of the

settlor.

(3) References in this paragraph to income originating from a settlor shall include references to

the following, that is -

(a) income from property which that settlor has provided directly or indirectly for the purposes of

the settlement;

(b) income from property representing that property, including accumulated income from that

property; and

(c) income from so much of any property which represents both property provided as aforesaid

and other property as, on a just appointment, represents the property so provided.

8.

In this part of this Schedule -

“child” includes a stepchild, an adopted child and an illegitimate child;

“settlement” includes any disposition, trust, convenient, agreement, .arrangement or transfer of

assets;

“settler” in relation to a settlement, includes a person by whom the settlement was made or

entered into directly or indirectly, and in particular (but without prejudice to the generality of the

foregoing) includes a person who has provided or undertaken to provide funds directly or

indirectly for the purpose of the settlement, or has made with any other person a reciprocal

arrangement for that other person to make or enter into the settlement.

PART III SUPPLEMENTARY PROVISIONS

9.

For the purposes of this Decree, where an asset of trade or business, profession or vocation form

part of the estate of a deceased individual, being asset in respect of which an annual allowance

may be claimed in arriving at the total income of that individual for the year of assessment in

which he died, the provisions of the Fifth Schedule of this Decree shall apply in the following

manner -

(a) notwithstanding any provision of that Schedule, no balancing allowance or charge shall be

given or made to that individual in respect of the asset for that year; and

(b) the estate shall be deemed to have incurred qualifying expenditure on the acquisition of the

asset equal in amount to the residue of the expenditure on the day following the death of the

individual; and

(c) in the event of the disposal of the asset on or after that day, an addition to be made by way of

a balancing charge in computing the income of the estate shall be made by reference to the sum

of all allowances or deductions made in respect of the asset to the individual and to the estate.

10.

An individual in receipt of an annuity of fixed annual amount paid out of the income of a

settlement trust or an estate shall be assessable to tax on the full amount of the annuity.

11.

The income arising from a settlement, trust or an estate assessable to tax under a provision of this

Schedule in the hands of any trustee, executor, beneficiary or annuitant for a year of assessment

shall be the amount of the income ascertained under the foregoing provisions of this Schedule of

the year preceding that year.

12.

(l) Where the income of a settlement, trust or estate of a year includes an income which has

borne tax in Nigeria or elsewhere, whether by deduction or otherwise, the provisions of Part V of

this Decree with respect to any relief to be given or repayment to be made shall apply as though

the whole of the taxed income were receivable by the persons to whom the computed income of

that year is apportioned under the provisions of paragraph 3 of this Schedule

(a) in due proportion to their respective shares herein; or

(b) where sub-paragraph (b) of paragraph 3 of this Schedule applies in proportion to their shares

in the remainder of the computed income as therein specified, and where there is no computed

income, the relief or repayment shall be given or made to the trustee or executor for the account

of the settlement, trust or estate.

(2) For the purposes of this paragraph references to an individual in Part V of this Decree shall

be deemed to include references to a trustee or executor.

13.

Subject to the foregoing provisions of this Schedule -

(a) a trustee of a settlement or trust, and every executor, shall be answerable for all things to be

done in connection with the tax to; and

(b) an income apportioned to a trustee or executor shall be assessable by, the relevant tan

authority in relation to that settlement, trust or estate.

14.

A trustee of a settlement or trust in Nigeria, and the executor of an estate in Nigeria shall prepare

accounts of the income from all sources of the settlement, trust or estate for successive periods to

the thirty-first day of December in each year, and to the date on which the assets of the

settlement, trust or estate are finally distributed.

15.

An appeal against the inclusion of an income of a settlement, trust or estate in an assessment to

tax, by whatever tax authority it may have been made, shall lie only in accordance with the

appeal provisions of the income tax law of the territory to the tax authority of which the trustee

or executor is answerable for the relevant year of assessment under the provisions of paragraph

13 of this schedule.

THIRD SCHEDULE

Section 19 (1), 74

INCOME EXEMPTED

1.

The incomes set out in this Schedule are exempted from taxation.

2.

The official emoluments of the President, and of the Governor of a State and of any person

performing the functions of the President, received by such person in his capacity as such.

3.

The official emoluments of the holders for the time being of the offices of Vice President and

Deputy Governor of a state.

4.

The emoluments payable from United Kingdom Funds to members of visiting or other Forces

and to persons in the permanent service of the United Kingdom Government in Nigeria in

respect of their offices under the United Kingdom Government and the emoluments payable to

members of any civilian component, and the income of any authorised service organisations,

accompanying the visiting Forces:

Provided that this exemption shall not apply to any individual who is a citizen of Nigeria or who

ordinarily resides in Nigeria.

5.

All consular fees received on behalf of a foreign State, or by a consular officer or employee of

the state of his own account, and all income of such officer or employee, other than income in

respect of any trade, business, profession or vocation carried on by an officer or employee or in

respect of any other employment exercised by him with Nigeria:

Provided that this exemption shall not apply where the employee is engaged on domestic duties

or where the officer or employee ordinarily resides in Nigeria and is not also a national of the

foreign State.

6.

(1) Interest accruing to a person who is not resident in Nigeria as specified in the following subparagraph.

(a) the interest on a loan charged on the public revenue of the Federation and raised in the United

Kingdom.

(b) the interest on a bond issued by the Government of the Federation to secure repayment of

loan raised from the International Bank for Reconstruction and Development under the authority

of the Railway Loan (International Bank) Act;

(c) the interest on any money borrowed by the Government of the Federation or of a State on

terms which include the exemption of interest from tax in the hands of a non-resident person;

(d) where the Minister of Finance and Economic Development so consents, the interest on any

moneys borrowed outside Nigeria by a corporation established by a law in Nigeria upon terms

which include the exemption of such interest from tax in the hands of any non-resident person;

(e) the interest on deposit accounts, provided the deposit into the account are transfers wholly

made up of foreign currencies (funds) to Nigeria on or after 1st January 1990 through

Government approved channels and the depositor does not become non-resident after making the

transfer while in Nigeria.

(2) for the purpose of the exemption referred to in sub-paragraph (1) of this paragraph, a person

shall only be deemed to be resident in Nigeria for a year of assessment if he is in Nigeria for a

period or periods amounting to 183 days or more in any twelve month period commencing in the

calendar year and ending either in the same year or the following year.

6A.

Interest on any loan granted by a bank on or after 1st January 1997 to a person -

(a) engaged in -

(i) agricultural trade or business,

(ii) the fabrication of any local plant and machinery; or

(b) as working capital for any cottage industry established by the person under the Family

Economic Advancement Programme,

if the moratorium is not less than 18 months and the rate of interest on the loan is not more than

the base lending rate at the time the loan was granted.

7.

the income of a national of the United States of America from employment by the International

Co-operation Administration, being an Administration or Agency formed and directed by the

Government of that country.

8.

The income of a national of the United States of America from employment by the International

Development Services as agents or the International Co-operation Administration.

9.

The income of an individual from employment by the Ohio University of Athens, Ohio, as agent

for the International Cooperation Administration, in connection with any Scheme for the training

of teachers in Nigeria.

10.

An income in respect of which tax is remitted or exempted under the provisions of the

Diplomatic Immunities and Privileges Act or any enactment, order or notice continued in force

or affected by that Act.

11.

the income of local Government or Government institution.

12.

The income of any ecclesiastical, charitable or educational institution of a public character in so

far as such income is not derived from a trade or business carried on by such institution.

13.

Wound and disability pensions granted to members of the Armed Forces or of any recognised

national defence organisation or to persons injured as a result of enemy action.

14.

Pensions granted to a person under the provisions of the Pensions Act relating to widows and

orphans.

15.

The income of a trade union registered under the Trade Union Act, in so far as the income is not

derived from a trade or business carried on by that trade union.

16.

Gratuities payable to a public officer by the Government of the Federation or of a State in respect

of services rendered by him under a contract of service with the Government and described as

gratuities either in the contract or some other document issued by or on behalf of Government in

connection with such contract.

17.

Gratuities payable to an employee in the private sector in respect of services rendered by him

under a contract of service with his employer and described as gratuities either in the contract or

some other document issue by or on behalf of the employer in connection with such contract.

Provided that -

(a) where the period of services does not amount to ten years the exemption provided under this

Schedule shall not apply;

(b) where that total gratuity payable exceeds the amount of N 100,000 the amount of any excess

shall not be so exempt but shall be deemed to be income of the employee on the last day of his

employment, including any terminal leave arising therefrom.

(c) where the period of service (or where service is not continuous, the aggregate period of

service in any sixty-three consecutive months) does not amount to five years, then, if the total

gratuities exceed a sum calculated at the rate of one thousand Naira per annum for such period or

aggregate period the amount of any excess shall not be so exempt but shall be deemed to be

income for the last day of the employment, including any terminal leave arising therefrom.

18.

(1) Gratuities payable to a member of former member of the staff of the Nigerian College of

Arts, Science and Technology by the College in respect of services rendered by him under a

contract of service with the College and described as gratuities either in the contract or in some

other document issued by or on behalf of the College in connection with the contract, subject to

the like provisions as those contained in the proviso to paragraph (16) of this Schedule.

(2) For the purposes of this exemption, “member of the staff” means an individual appointed to

an office specified in the Second Schedule to the Nigerian College of Arts, Science and

Technology Act.

19.

Gratuities payable to an employee or former employee under a contract of service with a body

established pursuant to the Nigerian Research Institutes Act or any Act repealed by that Act or

by the West African Council for Medical Research Act, being a gratuity so described either in

his contract of service with the body or in some other document issued by or on behalf of the

body in connection with that contract.

20.

The income of a statutory or registered friendly society in so far as such income is not derived

from a trade or business carried on by such society.

21.

The income of a co-operative society registered under the Co-operative Societies Decree 1993,

not being income from any trade or business carried on by the society other than the co-operative

activities solely carried out for and with its members or from any share or other interest

possessed by that society in a trade or business in Nigeria or elsewhere carried on by some other

person or authority.

22.

A sum received by way of death gratuities or as consolidated compensation for death or injuries.

23.

A sum withdrawn or received by an employee from a pension, provident or other retirement

benefits fund, society or scheme approved by the relevant tax authority under the provisions of

paragraph (g) of section 20 of this Decree other than a sum which is deemed to be income of the

employee under an express provision of this Decree, and a sum withdrawn or received by an

employee from a national provident fund or other retirement benefits scheme established under

the provisions of any enactment for employees throughout Nigeria.

24.

(1) Dividends paid to a person by a company incorporated in Nigeria.

Provided that -

(a) the equity participation of the person in the company paying the dividend is either wholly

paid for in foreign currency or by assets brought into Nigeria between 1st January 1987 and 31

December 1992; and:

(b) the person to whom the dividends are paid owns not less than 10 per cent of the equity share

capital of the company.

(2) For the purpose of the exemption referred to in sub-paragraph (1) of this paragraph, the

dividend tax-free period shall commence from the year of assessment following the year in

which the new capital is brought into Nigeria for the real purpose of the trade or business in

Nigeria of the company paying the dividends and shall continue for five years if the company

paying the dividend is engaged in agricultural production within Nigeria or processing of

Nigerian agricultural products produced within Nigeria or production of petrochemicals or

liquefied natural gas, and in any other case, the tax- free period shall be limited to three years.

25.

Any compensation for loss of employment.

26.

The income of a person, other than a citizen of Nigeria, from employment by any Government,

organisation or agency between which and the Government of the Federation or of a State there

exists an arrangement for Technical Assistance, insofar as and to the extent only that the

employment is solely in pursuit of the technical assistance arrangement.

27.

The interest accruing to a person on foreign currency domiciliary accounts.

28.

Income earned from outside Nigeria by a temporary guest, lecturer, teacher nurse doctor and

other professional and brought into Nigeria shall be exempt from tax provided that such income

is deposited in a domiciliary account in an authorised bank in Nigeria.

29.

Income from dividend, interest, rent royalties, fee, commission earned from abroad and brought

into Nigeria shall be exempt from tax, provided that such income is brought in convertible

currency and paid into a domiciliary account in a bank approved by the Government.

30.

Income earned from abroad by an author, sportsman, playwright, musician, artist, and brought

into Nigeria is exempt from tax provided that such income is brought in foreign currencies and

paid into a domiciliary account in an authorised bank in Nigeria.

31.

Nothing contained in this Schedule shall exempt any dividend, interest or royalty from a

deduction to be made under the provisions of sections 60 or 70 of this Decree.

FOURTH SCHEDULE

Section 20 (g)

RETIREMENT BENEFITS SCHEMES

1.

In this Schedule -

“pension fund” means a society, fund, contract or scheme the assets of which are held under

irrevocable trusts and any scheme established by a law in Nigeria or elsewhere, the main objects

of which are, in the opinion of the Board, the provision of non-assignable and non-commutable

retirement pensions or annuities for an individual or his dependants after his death, or for any

group or class of individuals and their dependants;

“provident fund” means a society, fund or scheme, not being a pension fund, established under

irrevocable trustees or a law in Nigeria or elsewhere, the objects of which are the provision of

retirement benefits for an individual or benefits for his dependants, after his death, or for any

group or class of individuals and their dependants.

2.

For the purpose of ascertaining the income of an individual the amount to be deducted in respect

of a contribution made by him to a pension, provident or other retirement benefits fund, society

or scheme approved by the Board under the provisions of paragraph (g) of section 20 (1) of this

Decree shall, subject to such conditions as the Board may prescribe, be computed in accordance

with provisions of this Schedule.

3.

Subject to such conditions as may be prescribed by the Board, the amount to be deducted for the

purpose of ascertaining the income of any period of an employer or employee in respect of any

contribution paid to a pension fund shall be the amount of the contribution paid by the employer

or employee respectively during the period.

4.

Subject to such conditions as may be prescribed by the Board, the amount to be deducted for the

purpose of ascertaining the income of any period of an employer or employee in respect of any

contribution paid to provident fund shall be the amount of the contribution paid by the employer

or employee respectively during the period.

Provided that where the aggregate of the contributions made for any period by an employer and

employee to a provident fund (other than a contribution may with the approval of the Board in

respect of the past service of the employee with that employer) exceeds twenty-five per centum

of the remuneration paid by that employer to that employee for that period, the excess shall be

excluded from the amount to be deducted in ascertaining the income of either the employer or

employee by reference to the relevant accounting period of the employer or to the period for

which the employee's income is to be ascertained, as the Board may decide.

5.

In the case of an employee, no deduction shall be allowed under this Schedule in respect of an

excess over five thousand Naira for a year of assessment of the aggregated of the following

amounts.

(a) a deduction allowed under paragraph (f) of section 20 of this Decree;

(b) a relief given to him for that year in respect of policies of insurance or contracts for deferred

annuities on his life or the life of his wife;

(c) a deduction which would be otherwise allowed under this Schedule.

6.

(1) In the case of an employee whose employment ceases before he has completed five years

employment with an employer; if the total value of any benefit (other than a sum paid by way of

a pension or annuity) received by the employee from a pension or provident fund exceeds a sum

calculated at the rate of three hundred Naira per annum for the period of the employment, the

amount of the excess shall be deemed to be income derived by him from his employment on the

last day thereof.

(2) For the purposes of this paragraph, where a person has had employment or successive

employment with anyone or more Governments established in Nigeria) including in such

expression the former Government of Nigeria) and his next employment is with a body directly

incorporated by, or an unincorporated body established by, an Act or Law of any Legislature in

Nigeria, then his employment or successive employment with that Government or Government

and his next employment with that body shall be treated as one continuous employment.

(3) This paragraph shall, as respects a person who is not a citizen of Nigeria and ceases to be

employed by a body corporate or unincorporated as is mentioned in sub-paragraph (2) of this

paragraph, have effect subject to the following provisions, that is

(a) if the relevant tax authority within the meaning of this Decree is satisfied that the

employment in question ceased with a view to the employment of a citizen of Nigeria in the

place of that person, the provisions of this paragraph 6 shall not apply in relation to that

employment; and

(b) the relevant tax authority may if it thinks fit, in a case not falling within the foregoing

paragraph, determine that those provisions shall apply in relation to that employment with the

substitution for the reference to the rate aforesaid of a reference to such larger rate as may be

specified in the determination.

7.

Where in respect of a pension or provident fund an employer becomes entitled to any benefit

whatsoever, the value of that benefit shall for the purpose of this Decree be deemed to be income

of the trade, business, profession or vocation in connection with which the fund was approved at

the date when the right to the benefit first arose.

8.

Where in respect of any pension or provident fund any benefit is paid to an employee before the

cessation of his employment with an employer, such benefit shall be deemed to be income

derived by him from his employment on the date on which the benefit is paid.

9.

Where a contribution is made by a self employed individual to pension, provident, annuity or

other retirement benefit fund, society or scheme approved by the Board for his eventual

retirement from gainful employment, the premium shall be exempted from tax provided it does

not exceed 10% of the self-employed total income.

FIFTH SCHEDULE

Section 36 and 38

CAPITAL ALLOWANCES

Arrangement of Paragraphs

1. Interpretation

2. Years of assessment

3. Provisions relating to mining expenditure

4. Owner and meaning of relevant interest

5. Sale of building

6. Qualifying industrial building expenditure

7. Initial allowances

8. Annual allowances

9. Asset to be in use at end of basis period

10. Balancing allowances

11. Balancing charges

12. Residue

13. Meaning of “disposed of”

14. Value of an asset

15. Apportionment

16. Reference to asset to include part of an asset

17. Extension of meaning of “in use”

18. Exclusion of certain expenditure

19. Application of lessors

20. Asset used or expenditure incurred partly for the purpose of a trade or business

21. Disposal without change of ownership

22. Application to professions and vocations

23. Partnership

24. Meaning of allowances made

25. Claims for allowances

26. Election in double taxation cases

27. Manner of making allowances and charges

CAPITAL ALLOWANCES

1. Interpretation

For the purpose of this Schedule -

“basis period” has the meaning assigned to it by the following provisions of this definition -

(a) in the case of an individual to or on whom an allowance or a charge falls to be made in

accordance with the provisions of this Schedule, his basis period for a year of assessment shall

be the period by reference to the profits of which an assessable income for that year full to be

computed, under the provisions of section 23 to 31 of the Decree;

(b) such income means income in respect of the trade or business in which there was used an

asset in connection with which the allowance or charge falls to be made

Provided that, in the case of the trade or business -

(i) where two basis periods overlap, the period common to both shall be deemed, except for the

purpose of making an annual allowance, to fall in the basis period ending at the earlier date and

in no other basis period,

(ii) where two basis periods coincide, they shall be treated as overlapping, and the basis period

for the earlier year of assessment shall be treated as ending before the end of the basis period for

the later year of assessment.

(iii) where there is an interval between the end of the basis period for one year of assessment and

the basis period for the next year of assessment, then unless the second mentioned year of

assessment is the year in which an individual permanently ceases to carry on the trade or

business, the interval shall be deemed to be part of the second basis period; and

(iv) where there is an interval between the end of the basis period for the year of assessment

preceding that in which the trade or business permanently ceases to be carried on by an

individual and the basis period for the year in which it so ceases, the interval shall be deemed to

form part of the first basis period.

“concession” includes a mining right and a mining lease;

“lease” includes an agreement for a lease where the term to be covered by the lease has begun,

any tenancy and any agreement for the letting or hiring our of an asset, but does not include a

mortgage and the expression “leasehold interest” shall be construed accordingly and -

(a) where, with the consent of the lessor, a lessee of an asset remains in possession thereof after

the termination of the lease without a new lease being granted to him, that lease shall be deemed

for the purposes of this Schedule to continue so long as he remains in possession as aforesaid;

and

(b) where, on the termination of a lease of an asset, a new lease of that asset is granted to the

lessee, the provisions of this Schedule shall have the effect as if the second lease were a

continuation of the first lease;

“qualifying expenditure” means, subject to the express provisions of this Schedule, expenditure

incurred in a basis period which is -

(a) capital expenditure (hereinafter called “qualifying plant expenditure”) incurred on plant,

machinery or fixtures;

(b) capital expenditure (hereinafter called “qualifying building expenditure”) incurred on the

construction of buildings structures or works of a permanent nature, other than expenditure

which is included in sub-paragraphs (a) or (c) of this definition;

(c) capital expenditure (hereinafter called “qualifying mining expenditure”) incurred in

connection with, or in preparation for, the working of a mine, oil well or other source of mineral

deposits of a wasting nature (other than expenditure which is included in subparagraph (a) of this

definition)

(i) on the acquisition of, or of rights in or over, the deposits or on the purchase of information

relating to the existence and extent of the deposit;

(ii) on searching for or on discovering and testing deposits, or winning access thereto, or

(iii) on the construction of any work or building which are likely to be of little or no value when

the source is no longer worked or, where the source is worked under a concession, which are

likely to become valueless when the concession comes to an end to the individual working the

source immediately before the concession comes to an end; or

(d) capital expenditure (hereinafter called “qualifying plantation expenditure”) incurred in

connection with a plantation on the clearing of land for planting and on planting (other than

replanting), and for the purpose of this definition where

(i) expenditure is incurred for the purpose of a trade or-business by an individual about to carry

on that trade or business, and

(ii) that expenditure is incurred in respect of an asset owned by that individual, then, if that

expenditure would have fallen to be treated as qualifying expenditure had it been incurred by that

individual on the first day on which he carries on that trade or business, that expenditure shall be

deemed to be qualifying expenditure incurred by him on that day

“trade or business” means trade or business or that part of a trade or business the profits of which

are assessable under this decree;

(e) “capital expenditure” that is “qualifying research and development expenditure” incurred -

(i) on equipment and facilities, patents, licenses, secret formula or process, or

(ii) for information concerning industrial, commercial or scientific process, technical feasibility

or products or process and purchase; or

(iii) on searching for and discovering and testing process or process for future market or use and

such other similar costs which has brought into existence an asset;

(f) capital expenditure, that is, qualifying agricultural expenditure incurred on plant in use in

agricultural trades and business within the meaning of section 9 of the Companies Income Tax

Act;

(g) capital expenditure, that is, qualifying transportation motor vehicle expenditure, incurred on a

fleet of buses of not less than the use for public transportation;

(h) capital expenditure (hereinafter called “qualifying public transportation (inter-city) new mass

transit coach of 25 seats and above operated by a recognised private establishment.

2. Year of assessment

The provisions of this Schedule with respect to the making of allowances and charges shall have

effect for the year of assessment commencing on the 1st January, 1993 and for each succeeding

year of assessment and any references in this Schedule to a year of assessment shall not include

any year commencing prior to the 1st January,1993.

3. Provisions relating to mining expenditure

(1) For the purposes of this Schedule, where

(a) qualifying mining expenditure has been incurred on the deposits of information relating to the

existence and extent of the deposits or on searching for or on discovering and testing deposits or

winning access thereto and the expenditure has been incurred for the purposes of a trade or

business carries on by the individual incurring the expenditure, and such expenditure would have

fallen to be treated as such qualifying mining expenditure if it had been incurred under a basis

period;

(b) the expenditure has not brought into existence an asset; and

(c) the trade or business consists of the working of a mine, oil well or other source of mineral

deposits of a wasting nature, then such expenditure shall be deemed to have brought into

existence an asset owned by the individual incurring the expenditure and in use for the purposes

of the trade or business.

(2) For the purpose of this Schedule, an asset in respect of which qualifying mining expenditure

has been incurred by an individual for the purposes of a trade or business carried on by him and

which has not been disposed of shall be deemed not to cease to be used for the purposes of that

trade or business so long as the individual continues to carry on that trade or business.

(3) So much of a qualifying mining expenditure incurred on the acquisition of rights in or over

mineral deposits and on the-purchase of information relating to the existence and extent of the

deposits as exceeds the total of the original cost of acquisition of those rights and of the cost of

searching for, discovering and testing those deposits prior to the purchase of the information

shall be left out of account for the purpose of this Schedule;

Provided that where the costs were originally incurred by a company which carried on a trade or

business consisting, as to the whole or part thereof, in the acquisition of the rights or information

with a view to the assignment or sale thereof, the price paid on the assignment or sale shall be

substituted for the aforementioned costs.

4. Owner and meaning of relevant interest

(1) for the purposes of this Schedule, where an asset consists of a building, structure or works,

the owner thereof shall be taken to be the owner of the relevant interest in the building, structure

or works.

(2) Subject to the provisions of this paragraph, in this Schedule, the expression "the relevant

interest" means, in relation to an expenditure incurred on the construction of a building, structure

or works, the interest in that building, structure or works which the person who incurred the

expenditure was entitled when he incurred it.

(3) Where an individual incurs qualifying building expenditure or qualifying mining expenditure

on the construction of a building, structure or works, he shall be entitled to two or interests

therein, and one of those interests is an interest which is reversionary on all the others, that

interest shall be the relevant interest for the purposes of this Schedule.

5. Sales of buildings

Where capital expenditure has been incurred on the construction of a building, structure or works

and thereafter the relevant interest herein is sold, the individual who buys that interest shall be

deemed, for all the purposes of this Schedule except the granting of initial allowances, to have

incurred, on the date when the purchase price became payable, capital expenditure on the

construction thereof equal to the price paid by him for the interest or to the original costs of

construction whichever is the less:

Provided that where the relevant interest is sold -

(a) before the building, structure or works has been unused, the foregoing provisions of this

paragraph shall have effect with respect to the sale with the omission of the words “except the

granting of initial allowances” and the original cost of construction shall be taken to be the

amount of the purchase price on such sale;

(b) more than once before the building, structure or works is used, the provisions of paragraph

(a) of this proviso shall have effect only in relation to the last of those sales.

6. Qualifying industrial building expenditure

For the purposes of this Schedule -

(a) where but for this paragraph an individual is entitled to an allowance in respect of qualifying

building expenditure in respect of an asset in use, for the purpose of a trade or business carried

on by him, at the end of his basis period for any year of assessment commencing on or after the

1st January, 1993, then, if that asset is an industrial building 'or structure in use as such at the end

of his basis period for any such year then, in lieu of such allowance and qualifying building

expenditure, the qualifying expenditure in respect of that asset shall be taken to mean a

qualifying industrial building expenditure for any allowance to be made to that individual, in

respect of that qualifying expenditure, for that year; and

(b) “industrial building or structure” means a building or structure in regular use -

(i) as a mill, factory, mechanical workshop, or other similar building, or as a structure used in

connection with any such buildings,

(ii) as a dock, port, wharf, pier, jetty or other similar building structure,

(iii) for the operation of a railway for public use or of a water or electricity undertaking for the

supply of water or electricity for public consumption, and

(iv) for the running of a plantation or for the working of a mine or other source of mineral

deposits of a wasting nature.

7. Initial Allowance

(1) Subject to the provisions of this Schedule, where in his basis period for a year of assessment

the owner of an asset has incurred in respect thereof qualifying expenditure wholly and

exclusively for the purposes of a trade or business carried on by him, there shall be made to that

individual for the year of assessment in his basis period for which that asset was first used for the

purposes of that trade or business an allowance (in this Schedule called “an initial allowance”) at

the appropriate rate per annum, set forth in the Table I to this Schedule, of the expenditure.

(2) Where capital expenditure is incurred on the purchase of an asset and either purchase is a

person over whom the seller has control, or some other person has control over both the

purchaser and the seller, then, the amount of an initial allowance to be made in respect of the

expenditure shall be such an amount as the relevant tax authority may determine to be just and

reasonable having regard to all circumstances relating to the asset and control:

Provided that the amount shall not exceed the amount of the initial allowance which would have

been allowable apart from the provisions of this sub-paragraph.

8. Annual allowance

(1) Subject to the provisions of this Schedule, where in his basis period for a year of assessment

the owner of an asset has incurred in respect thereof qualifying expenditure wholly, exclusively,

necessarily and reasonably for the purposes of a trade or business carried on by him whether or

not an initial allowance may be made to him in respect of that qualifying expenditure, there shall

be made to that individual for each year for assessment in his basis period for which that asset

was used for the purposes of that trade or business an allowance (hereinafter called “an annual

allowance”) at the rate specified in respect thereof in Table II of this Schedule of the expenditure

after the deduction of initial allowance where applicable.

Provided that an amount of N 10 shall be retained in the accounts for tax purposes until the asset

is disposed of.

(2) In the case of an asset in respect of which an allowance has been granted before the

commencement of this sub-paragraph, an allowance shall be made in respect of the asset for the

number of years of assessment which, if added to the number of years of assessment for which

allowance has already been made, equals the number of years of assessment for which

allowances is to be made under the provision of sub-paragraph (1) of this paragraph:

Provided that if an allowance has been made for a number of years which is equal to or more

than the number of years specified under sub-paragraph (1) of this paragraph, a single allowance

shall be made for an amount which is N 10 less than the residue of the qualifying expenditure for

the year of assessment in which this subparagraph takes effect.

9. Asset to be in use at end of basis period

An initial allowance or an annual allowance in respect of qualifying expenditure incurred in

respect of an asset shall only be made to an individual for a year of assessment if at the end of his

basis period for that year he was the owner of that asset and it was in use for the purposes of

trade or business carried on by him.

10. Balancing allowances

Subject to the provisions of this Schedule, where in his basis period for a year of assessment the

owner of an asset, who has incurred in respect thereof qualifying expenditure wholly and

exclusively for the purposes of a trade or business carried on by him, disposes of that asset, an

allowance (hereinafter called “a balancing allowance”) shall be made to that individual for that

year of the excess. of the residue of that expenditure, at the date the asset is disposed of, over the

value of that asset at that date.

Provided that a balancing allowance shall only be made respect of the asset if immediately prior

to its disposal it was in use by the owner in the trade or business for the purposes of which the

qualifying expenditure was incurred.

11. Balancing charges

Subject to the provisions of this Schedule, where in his basis period for a year of assessment the

owner of an asset, who has incurred in respect hereof qualifying expenditure wholly and

exclusively for the asset, a charge (hereinafter called “a balancing charge”) shall be made on that

individual for that year of the excess of the value of that asset, at the date of its disposal, over the

residue of that expenditure at the date:

Provided that a balancing charge shall only be made in respect of the asset if immediately prior

to its disposal it was in use by the owner in the trade or business for the purposes of which the

qualifying expenditure was incurred and shall not exceed the total of any allowances made under

the provisions of this Schedule in respect of the asset and, in cases falling under paragraph 19 of

this Schedule, of any allowance or deduction made under any income tax law in Nigeria in

respect of the capital cost of the asset.

12. Residue

(1) The residue of qualifying expenditure, in respect of an asset, at any trade, shall be taken to be

the total qualifying expenditure incurred on or before that date, by the owner hereof at that date,

in respect of that set, less the total of an initial or annual allowance made to the owner, in respect

of that asset, before that date.

(2) For the purposes of this paragraph, an initial allowance or annual allowance shall be deemed

to be made at the end of the basis period for the year of assessment for which any such allowance

is made.

13. Meaning of “disposed of”

Subject to an express provision to the contrary, for the purpose of this Schedule -

(a) a building structure or works of a permanent nature is disposed of if -

(i) the relevant interest therein is sold, or

(ii) that interest, being an interest depending on the duration of a concession comes to an end on

the coming to an end of that concession, or

(iii) that interest, being a leasehold interest, comes to an end otherwise than on the individual

entitled thereto acquiring the interest which is reversionary thereon, or

(iv) the building structure or works of a permanent nature is demolished or destroyed or without

being demolished or destroyed, ceases altogether to be used for the purposes of a trade or

business carried on by the owner thereof;

(b) plant, machinery or fixture is disposed of if it sold, discarded or ceases altogether to be used

for the purposes of a trade or business carried on by the owner thereof;

(c) an asset in respect of which qualifying mining expenditure is incurred is disposed of if it is

sold or ceases to be used for the purposes of the trade or business of the individual incurring the

expenditure either on that individual ceasing to carry on the trade or business or on that

individual receiving insurance or compensation moneys therefor.

14. Value of an asset

(1) The value of an asset at the date of its disposal shall be the net proceeds of the sale thereof or

of the relevant interest therein, or if it was disposed of without being sold, the amount which, in

the opinion of the relevant tax authority the asset or the relevant interest therein, as the case may

be, would have fetched if sold in the open market at that date, less the amount of any expenses

which the owner might reasonably be expected to incur if the asset were so sold.

(2) For the purpose of this paragraph, if an asset is disposed of in such circumstances that

insurance or compensation moneys are received by the owner thereof, the asset or the relevant

interest therein, as the case may be, shall be treated as having been sold and as though the net

proceeds of the insurance or compensation monies were the net proceeds of the sale thereof.

(3) So much of sub-paragraph (1) of this paragraph as relates to the circumstances for

determining the value of an asset by reference to the disposal, of the asset other than by way of

sale shall have effect.

(a) in relation to an asset or the relevant interest therein disposed of, not being by way of bargain

made at arm’s length; or

(b) where the sale is between persons who are related to each other or between persons both of

whom are controlled by some other person or one of whom has control over other.

15. Apportionment

(1) A reference in this Schedule to the disposal, sale or purchase of an asset includes a reference

to the disposal, sale or purchase for that asset, as the case may be, together with any other asset,

whether or not qualifying expenditure has been incurred on the last-mentioned asset, and, where

an asset is disposed of, sold, or purchased together with another asset, so much of the value of

the assets as, on a just apportionment, is properly attributable to the first-mentioned asset shall,

for the purposes of this Schedule, be deemed to be the value of or the price paid for that asset, as

the case may be.

(2) For the purposes of this sub-paragraph (1) of this paragraph, all the assets which are

purchased or disposed of in pursuance of one bargain shall b deemed to be purchased or disposed

of together, notwithstanding that separate prices are or purport to be agreed for each of those

assets or that there are or purport to be separate purchases or disposal of those assets.

(3) The provisions of sub-paragraph (1) of this paragraph shall apply, with any necessary

modifications, to the sale or purchase of the relevant interest in an asset together with any other

asset or relevant interest in any other asset.

16. Reference to asset to include part of asset

A reference in this Schedule to an asset shall be construed whenever necessary as including a

reference to a part of an asset (including an undivided part of that asset in the case of joint

interest therein) and when so construed any necessary apportionment shall be made as may, in

the opinion of the relevant tax authority, be just and reasonable.

17. Extension of meaning of “in use”

(1) For the purposes of this Schedule, an asset shall be deemed to be in use during a period of

temporary disuse.

(2) For the purposes of paragraph 7, 8 and 9 of this Schedule -

(a) an asset in respect of which qualifying expenditure has been incurred by the owner thereof for

the purposes of a trade or business carried on by him shall be deemed to be in use, for the

purposes of that trade or business, between the dates hereinafter mentioned where the relevant

authority is of the opinion that the first use to which the asset will be put by the individual

incurring the expenditure will be for the purposes of that trade or business;

(b) those date shall be taken to be the dates on which the expenditure was incurred and the date

on which the asset is in fact first put to use:

Provided that where an allowance has been given in consequence of this sub-paragraph and the

first use to which the asset is put is not for the purposes of the trade or business, all such

additional assessments shall be made as may be necessary to contract the benefit obtained from

the giving of the allowance.

18. Exclusion of certain expenditure

Where an individual has incurred expenditure which is allowed to be deducted, in computing the

gains or profits of his trade or business under section 20 of this Decree the expenditure shall not

be treated as qualifying expenditure.

19. Application to lessors

(1) Where the owner of an asset other than a building

(a) has incurred capital expenditure in respect thereof for the purposes of leasing that asset for

use wholly and exclusively for the purposes of a trade or business carried on or about to be

carried on by a person;

(b) leases the asset to such person; and

(c) during the whole or part of the term of the lease, the asset is used wholly and exclusively by

such person in such trade or business, the provisions of this Schedule shall apply, with such

necessary modifications as the relevant tax authority may direct, as though such expenditure

were incurred wholly and exclusively for the purposes of a trade or business carried on by the

owner from the date when such expenditure was incurred and as though the owner, were using

the asset for the purposes of such last-mentioned trade or business in the way in which and for

the period or periods during which the asset is in fact used in the first-mentioned trade or

business.

(2) The provisions of sub-paragraph (1) of this paragraph shall apply in the case of a building

leased by its owner to any other person as though such leasing were a trade or business carried

on by the owner and, if he incurred the capital expenditure in respect of that building after the

31st day of March, 1955 irrespective of the use thereof intended by the owner at the time he

incurred such expenditure.

(3) For the purposes of this paragraph, in relation to the trade or business which an owner is to be

treated as carrying on, his basis period for any year of assessment shall be taken to be the year

immediately preceding that year of assessment.

20. Asset used or expenditure incurred partly for the purposes of a trade or business

(1) The following provisions of this paragraph shall apply where either or both the following

conditions apply with respect to an asset

(a) the owner of the asset has incurred in respect thereof qualifying expenditure partly for the

purpose of a trade or business carried on by him and partly for other purposes;

(b) the asset in respect of which qualifying expenditure has been incurred by the owner thereof is

used partly for the purposes of a trade or business carried on by the owner and partly for other

purposes.

(2) An allowance and a charge which would be made if both expenditure were incurred wholly

and exclusively for the purposes of the trade or business and the asset was used wholly and

exclusively for the purposes of the trade or business shall be computed in accordance with the

provisions of this Schedule.

(3) So much of the allowance and charge computed in accordance with the provisions of subparagraph

(2) of this paragraph shall be made as in the opinion of the relevant tax authority is

just and reasonable having regard to all the circumstances and to the provisions of this Schedule.

21. Disposal without change of ownership

Where an asset in respect of which qualifying expenditure has been incurred by its owner has

been disposed of in such circumstances that the owner remains the owner thereof, then for the

purposes of determining whether and, if so, in what amount, an annual or balancing allowance or

balancing charge shall be made to or on the owner in respect of his use of that asset after the date

of such disposal, qualifying expenditure incurred by the owner in respect of the asset prior to the

date of the disposal shall be left out of account:

Provided that the owner shall be deemed to have bought the asset immediately after the disposal

for a price equal to the residue of the qualifying expenditure charge or decreased by the amount

of any balancing allowance made as a result of the disposal.

22. Application to professions and vocations

In relation to qualifying plant expenditure, the provisions of this Schedule shall apply as if

references to a trade included references to a profession or vocation the profits of which are

assessable under this Decree, and in relation to qualifying building expenditure, those provisions

shall apply as if references to a trade or business included references the profits of which are

assessable under this decree.

23. Partnership

(1) The provisions of this paragraph shall have effect for the purposes of this Schedule, in

relation to a trade or business and the person or persons hereinafter mentioned carrying on the

trade or business, throughout the period (hereinafter called “the relevant period”) being -

(a) a period during which the trade or business is carried on by persons in partnership and at least

one of those persons, engaged in carrying on the trade or business as a partner in a partnership at

any time, is as engaged immediately that time, whether as a partner in the same partnership or as

a partner in a different partnership carrying on the trade or business; or

(b) the aggregate of any of the following periods which are successive -

(i) a period, ending immediately prior to a person becoming a partner in a partnership carrying

on the trade or business, during which the person was carrying on the trade or business on his

own account,

(ii) a period ascertained under provision (a) of this sub-paragraph,

(iii) a period during which a person is carrying on the trade or business on his own account,

where that person was a partner in a partnership carrying on the trade or business immediately

before that period.

(2) The trade or business shall through the relevant period be deemed to be carried on by one and

the same person (hereinafter called “the deemed person”) and an allowance or a charge which

would then fall to be made to or on the deemed person, under the provisions of this Schedule if

the deemed person were an individual, shall be computed as though the deemed person had done

all things which were done for the purposes of the trade or business by the person or persons

actually carrying on that trade or business during the relevant period.

(3) For the purpose of this paragraph, a basis period for a year of assessment shall be such period

as the relevant tax authority shall determine by reference to the provisions of the definition of

“basis period” in paragraph 2 of this Schedule and to the provisions of sub-paragraph 2 of this

paragraph:

Provided that, where at any time during relevant period a person ceases to be engaged in carrying

on the trade or business as a partner in a partnership or commences to be so engaged the deemed

person shall, for the purposes of determining basis period under the provisions of this subparagraph

and for that purpose only, be treated as having ceased to carry on the trade or business

a~ that time and as having recommenced to carry on that trade or business immediately

thereafter.

(4) The amount of the capital allowance or charge in respect of an asset shall be allocated to the

person, or apportioned among the persons, actually carrying on the trade or business, in the same

manner as a capital, loss, in the case of an allowance, or a capital gain, in the case of a charge, in

respect of that asset would fall on or accrue to that person or those person, if that loss or gain

arose in the course of carrying on the trade or business and as a result of an event occurring -

(a) in the case of an initial or annual allowance, at the end of the basis period by reference to

which the allowance has been computed; and

(b) in the cases of a balancing allowance or charge, at the date of the disposal of the asset.

(5) An amount so allocated to or apportioned to an individual in respect of a capital allowance or

charge for the purposes of the provisions of this Schedule relating to deductions from and

additions to the remainder of assessable income and shall be made to or on him for the year of

assessment for which the amount of the allowance or charge has been so computed:

Provided that, where an allowance or a charge falls to be recomputed, as a result of the

application of the proviso to subparagraph (3) of this paragraph, all such additional assessments

or repayments of tax shall be made as may be necessary to give effect to the provisions of this

paragraph.

(6) For the purposes of the provisions of this paragraph, an asset is not disposed of within the

meaning of paragraph 13 of this Schedule if the asset is used for the purpose of the trade or

business during the relevant period and at least one of the persons actually engaged in carrying

on the trade or business has an interest in the asset, or in the relevant interest therein, during the

relevant period.

(7) In the application of this paragraph with any of the provisions of the other paragraphs of this

Schedule those provisions shall be applied with any modifications which the relevant tax

authority may consider necessary in order to give effect to principles and provisions of this

paragraph, and the relevant tax authority may, from time to time, prescribe rules embodying

those modifications.

24. Meaning of allowances made

A reference in this Schedule to an allowance made, includes a reference to an allowance which

would be for an insufficiency of assessable income against which to make it.

25. Claims for allowances

No allowance shall be made to an individual for a year of assessment under the provisions of this

Schedule unless claimed by him for that year or where the relevant tax authority is of the opinion

that it would be reasonable and just so to do.

26. Election in double taxation cases

(1) Where an individual makes a claim to an initial or annual allowance under this Schedule in

connection with a trade or business, if the tax in respect of the profits of the trade or business is

the subject of an arrangement having effect by virtue of section 38 of this Decree, between

Nigeria and any other territory, for relief from double taxation, he may elect, at the time of

making the claim or within such reasonable time thereafter as the relevant tax authority may

allow, that allowance shall be calculated at lesser rate than that provided for in paragraph 7 or 8

of this Schedule and in making the election he shall specify the amount of the lesser rate.

(2) Where an election has been made under this paragraph, the amount of the lesser rate shall be

taken to be the appropriate rate in relation to that allowance for all the purposes of this Schedule.

27. Manner of making allowances and charge

(1) The amount of a charge to be made on an individual under the provisions of this Schedule

shall be made on him by making an addition to his assessable income for the year of assessment

for which the charge falls to be made under the provisions of this:

(2) Subject to the provisions of this paragraph, the amount of an allowance to be made to an

individual under the provisions of this Schedule shall be made to him by making a deduction

from the remainder of his assessable income for the year of assessment for which the allowance

falls to be made under the provisions of this schedule.

(3) For the purposes of this paragraph the remainder of the assessable income of an individual for

year of assessment shall be ascertained by first giving full effect to the provisions of subparagraph

(1) of this paragraph and to the provisions of section 36 of this Decree relating to the

deduction of the amount of a loss.

(4) Where full effect cannot be given to a deduction to be made under sub-paragraph (2) of this

paragraph for a year of assessment owing to there being no remainder of assessable income for

that year, or owing to the remainder for that year being less than the deduction, or part of the

deduction to which effect has not been given, as the case may be shall, for the purpose of

ascertaining total income (of the individual entitled to the deduction) under section 36 of this

Decree for the following year, be deemed to be a deduction for that year, in accordance with the

provisions of sub-paragraph (2) of this paragraph, and so on for succeeding years.

(5) Where an individual is entitled to a deduction under the sub-paragraph (4) of this paragraph

or to a deduction in respect of a balancing allowance, in respect of an asset used in a trade or

business carried on by him, for a year of assessment in which that trade or business permanently

ceases to be carried on by him and full effect cannot be given to the deduction for that year

owing -

(a) to there being no remainder of assessable income for that year; or

(b) to the remainder of his assessable income for that year being less than the deduction, that

deduction or the part to which effect has not been given, as the case may be, may, on a claim

being made by the individual, be given by way of a deduction from the remainder of his

assessable income for the preceding year of assessment, and so on for other preceding years, so

however, that no such deduction shall be given by virtue of this sub-paragraph for any year

earlier than the fifth year before the first-mentioned year of assessment:

Provided that where a relief is given under this sub-paragraph in respect of the deduction the

provisions of sub-paragraph (4) of this paragraph shall cease to have effect in respect of that

deduction for any year of assessment subsequence to the year of assessment in which such trade

or business ceases.

(6) Where a deduction fall to be given under the provisions of the sub-paragraph (5) of this

paragraph for any preceding year of assessment, whenever necessary, by reason of any

assessment for a year having become final and conclusive, or for other sufficient reason, the

relevant tax authority may, with respect to the year, make such repayment or set-off of the tax, or

of any part of such tax, paid or charged for the year, as may be appropriate, in lieu of making the

deduction.

(7) In giving effect to the provisions of sub-paragraph (2) of this paragraph, the amount of capital

allowance to be deducted from assessable profits in any year of assessment shall not exceed 66

2/3 per cent of such assessable profits of an individual, but any individual in the agro-allied

industry or which is engaged in the trade or business of manufacturing shall not be affected by

the restriction under this sub-paragraph.

(8) For the purposes of this paragraph, an “individual in the agro-allied industry” is a person who

-

(a) establishes or manages a plantation for the production of rubber, oil palm, cocoa, coffee, tea

and similar crops;

(b) cultivates or produces cereal crops, tubers, fruits of all kind, cotton, beans, groundnuts,

sheanuts, beniseed, vegetables, pineapples, bananas and plantains;

(c) establishes or manages animal husbandry, that is poultry, piggery, cattle rearing and the like

and fish farming.

TABLES

TABLE I - INITIAL ALLOWANCE (Paragraph 7)

Rate per centum

Qualifying Expenditure in respect of:-

Non Industrial buildings 15

Industrial Buildings 15

Mining 95

Plant: Agricultural Production 95

Others 50

Furniture and Fitting 25

Motor Vehicle, Others 50

Motor Vehicle (Public Transportation) 95

Plantation Equipment 95

Housing Estate 50

Ranching and Plantation 30

Research and Development 95

TABLE II - ANNUAL ALLOWANCE (Paragraph 8)

Rate per centum

Qualifying Expenditure in respect of:-

Non industrial Building 10

Industrial Building 10

Mining Nil

Plant, Agricultural Production Nil

Others 25

Furniture and Fittings 20

Research and Development Nil

Housing Estate 25

Ranching and Plantation 50

Motor Vehicle (Public Transportation) Nil

Motor Vehicle, (other) 25

Plantation Equipment Nil

SIXTH SCHEDULE

Section 37

INCOME TAX TABLE 1998 No. 19.

Income to be taxed Rate of Tax Per centum

For Naira of the First N 20,000 5k per N 1 or 5%

For every Naira of the next N 20,000 10k per N 1 or 10%

For every Naira of the next N 40,000 15k per N 1 or 15%

For every Naira of the next N 40,000 20k per N 1or 20%

For every Naira of the next N 120,000 25k per N 1 or 25%

SEVENTH SCHEDULE

Section 38 (5)

DOUBLE TAXATION ARRANGEMENTS

The double taxation arrangements referred to in section 38 (5) of this Decree are contained in the

Double Taxation Relief between the Federal Republic of Nigeria and United Kingdom of Great

Britain and Northern Ireland Order 1988 published as a subsidiary legislation under the

Companies Income Tax Act (Cap. 60 LFN) and any other such arrangements between the

Federal Republic of Nigeria and any other country published as subsidiary legislation.

The Order was made under power conferred by the Companies Income Tax Act, this Decree and

Petroleum Profits Act (Cap. 354 LFN).

EIGHTH SCHEDULE

Section 52 (2)

PART I - WARRANT AND AUTHORITY TO ENTER PREMISES, OFFICE, ETC.

UNDER THE PERSONAL INCOME DECREE

To: ………………………………………………………………………………………….

Name of tax payer: …………………………………………………………………………

Incorporation or identification No: ………………………………………………………...

Place of Business tax payer: ……………………………………………………………….

The Board of Internal Revenue in exercise of the powers vested in it by section 52 of the

Personal Income Tax Decree 1993 hereby authorises you to enter the premises, office, place of

management or residence of the above named taxpayer, office of the agent, factory or

representative of the taxpayer suspected by the Board of fraud, wilful default, etc, in connection

with the imposed under the aforesaid Decree, and whose premises, office, place of management

or residence of his principal officer, office of the agent, factor of representative is at

…………………………… and for the carrying out of your assignment, the said Board further

authorises that you with the aid (if necessary) of your assistants and calling to your assistance a

police officer, which assistance the police officer is by law required to give, search and remove

(if necessary) such records, books and documents of the named taxpayer wherever they may be

found either in possession of any employee of the taxpayer or any other person on his behalf.

And for the purpose of your entry into the aforementioned premises you are hereby authorised if

necessary, with such assistance as aforesaid, to break open any building or place in the daytime.

Signed for and on behalf of the Board of internal Revenue

Of ………………………… State Tax Authority at …………….. this …..…….. day

Of …………………………19………………

Signature ……………………………………….

Chairman/Director

Board of Internal Revenue

MADE at Abuja this 25th day of August, 1991.

GENERAL I. B. BABANGIDA

President, Commander-In-Chief

of the Armed Forces

Federal Republic Of Nigeria.

EXPLANATORY NOTE

(This note does not form part of the above Decree but is intended to explain its purport)

The Decree among other things, impose income tax on individuals, communities and families

and on executors and trustee, and provides for the assessment and collection of tax.

The Decree repeals the Income Tax Management Act and Income Tax (Armed Forces and other

Pensions) (Special Provisions) Act having re-enacted the provisions of both enactments.