The Federal Government has introduced new tax regulations designed to alleviate the tax burden on the manufacturing sector and small enterprises.
The “Deduction of Tax at Source (Withholding) Regulations, 2024,” was unveiled by the Minister of Finance and Coordinating Minister of the Economy, Wale Edun, on Wednesday.
“The Deduction of Tax at Source (Withholding) Regulations, 2024 seek to enhance the efficiency of tax deductions at source from payments made to taxable entities, simplify intricate processes, and foster a more straightforward compliance experience for enterprises.”
The recently implemented regulations will encompass payments associated with the Capital Gains Tax Act, Companies Income Tax Act, Petroleum Profits Tax Act, and the Personal Income Tax Act. Among its aims are the promotion of global best practices, the reduction of tax evasion, and the limitation of arbitrage between corporate and non-corporate structures.
“The aims of these Regulations are to (a) delineate the guidelines for the withholding of tax from payments made to taxable entities in accordance with the Capital Gains Tax Act, the Companies Income Tax Act, the Petroleum Profits Tax Act, and the Personal Income Tax Act pertaining to designated transactions.”
The regulations delineate guidelines for deductions, focusing on sectors where tax collection has historically posed challenges or lacked clarity.
The Ministry seeks to cultivate a landscape in which small enterprises and manufacturers can reap the advantages of tax exemptions, particularly in industries characterized by slender profit margins.
Moreover, the regulations delineate exemptions for small enterprises and facilitate compliance for manufacturers, providing explicit guidelines regarding the transactions and sectors that qualify for deductions.
It is important to note that enterprises lacking a Tax Identification Number will encounter a doubled deduction rate for qualifying transactions.
“In instances concerning the provision of goods, the delivery of services, or any qualifying transaction related to non-passive income, the deduction at source shall be set at double the rate indicated in the Schedule when the recipient lacks a Tax Identification Number.”
The regulations delineate that a range of entities, encompassing government ministries, statutory bodies, and public authorities, are required to implement tax deductions at the source for qualifying transactions. Nonetheless, enterprises with a monthly turnover of N2 million or below, provided they hold a valid Tax Identification Number, are not subject to this obligation.
A crucial aspect of the regulations is that tax deducted at source shall not be considered an extra expense or distinct tax; rather, it will be viewed as a prepayment towards the supplier’s ultimate tax obligation. This methodology aims to alleviate the pressures faced by enterprises while facilitating adherence to regulations, all without imposing superfluous financial burdens.
“A deduction from a payment should not be considered a distinct tax or an extra expense associated with the contract or transaction.”
It is asserted that the failure to remit deducted taxes or to withhold tax at source will result in considerable penalties. The penalty framework is consistent with the current legal provisions outlined in the Federal Inland Revenue Service (Establishment) Act and the Personal Income Tax Act. Organizations that have withheld taxes yet neglected to submit them will encounter penalties and interest as mandated by legal provisions.
Exemptions are delineated within the regulations, encompassing transactions such as compensatory payments associated with registered securities lending transactions, products produced by the supplier, and telecommunication charges.
The purpose of these exemptions is to guarantee that tax policies do not hinder business operations, especially in vital sectors like telecommunications, energy, and manufacturing.
The regulations are scheduled to take effect on January 1, 2025; however, certain provisions permit early application starting July 1, 2024. The Federal Inland Revenue Service is poised to release additional guidelines to facilitate seamless implementation, contingent upon the endorsement of the Finance Ministry.
The Deduction of Tax at Source (Withholding) Regulations, 2024, exemplify the government’s commitment to modernizing Nigeria’s tax framework, mitigating inefficiencies, and fostering compliance across diverse sectors.
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