Breaking: Tinubu approves new tax payment, exempts SMEs, others | Read Details
President Bola Tinubu has approved the exemption of small businesses, manufacturers and farmers from paying withholding tax.
It also introduced key changes to the previous tax regime such as reduction of rates for businesses with low margins and measures to curb evasion.
This was disclosed on Tuesday by the Chairman of the Presidential Committee on Fiscal Policy and Tax Reforms, Taiwo Oyedele, in a post on his official X handle.
According to him, the erstwhile withholding tax system introduced in 1978 had challenges such as the ambiguity necessitated by the increase in transactions that it covered thereby increasing the list of multiple taxes, inequity, straining the working capital of businesses with low margins etc.
Withholding Tax is a method form collecting Income Tax in advance, deducted at rates ranging from 5 per cent to 10 per cent based on the transaction. Returns are due by the 21st of the following month. The penalty for late filing is N25,000 for the first month and N5,000 for each subsequent month of non-compliance.
The tax expert further stated that key changes introduced to the rewritten withholding tax regime include; reduced rates for businesses with low margins, measures to curb evasion and tax avoidance, exemption of small businesses from withholding tax, clarity on the timing of deductions and key terms etc.
He stated, “Withholding tax was introduced into the Nigeria tax system in 1977 to serve as an advance payment of income tax on specified transactions.”
“As the regime expanded over time to cover more transactions, various ambiguities and complications crept in. This resulted in many businesses, especially SMEs, being exposed to excessive burden of compliance and a strain on the working capital of low-margin businesses.”
“As part of the ongoing fiscal policy and tax reforms, a new withholding tax regime has been approved. The key changes introduced are to address the identified challenges and specifically include the exemption of small businesses from Withholding Tax compliance and reduced rates for businesses with low margins.
Others are “Exemptions for manufacturers and producers such as farmers, measures to curb evasion and minimise tax avoidance.
“Ease of obtaining credit and utilisation of tax deducted at source, changes to reflect emerging issues and adopt global best practices and clarity on the timing of deduction and definition of key terms.”
The latest approval is the second of five planned executive orders to reduce inflation and grow tax revenue.
Read his full tweet below:
A SIMPLIFIED AND BUSINESS FRIENDLY WITHHOLDING TAX REGIME HAS BEEN APPROVED
Background
Withholding tax was introduced into the Nigeria tax system in 1977 to serve as an advance payment of income tax on specified transactions. It was designed to provide the government with regular revenue flow and to serve as a means of curbing tax evasion.
Challenges
As the regime expanded over time to cover more transactions, various ambiguities and complications crept in. This resulted in many businesses, especially SMEs, being exposed to excessive burden of compliance and a strain on the working capital of low-margin businesses.
Other unintended consequences include:
1) Ambiguities regarding persons required to comply, eligible transactions, applicable rates, and timing of the obligation for remittance, among others.
2) Treatment of the deduction as a separate tax, thereby adding to the list of multiple taxes and cost of doing business.
3) Challenges regarding obtaining refunds for excess withholding tax.
4) Lack of exemption threshold making the cost of compliance by taxpayers and cost of enforcement by the tax authority uneconomical.
5) Some emerging and contemporary issues are not properly addressed.
6) The overall structure of the withholding tax regime promoted tax inequity.
Key changes
As part of the ongoing fiscal policy and tax reforms, a new withholding tax regime has been approved. The key changes introduced are to address the identified challenges and specifically include:
1) Exemption of small businesses from Withholding Tax compliance
2) Reduced rates for businesses with low margins
3) Exemptions for manufacturers and producers such as farmers
4) Measures to curb evasion and minimise tax avoidance
5) Ease of obtaining credit and utilisation of tax deducted at source
6) Changes to reflect emerging issues and adopt global best practices
7) Clarity on the timing of deduction and definition of key terms
The approved regulation is expected to be published in the official gazette in the coming days.
