The Pension Act signed on 1 July 2014 provides that employers with at least 15 employees are required to participate in a contributory pension scheme for their employees. The minimum contribution under the Act is 18% of monthly emolument (with a minimum contribution of 10% by the employer and 8% by the employee). If the employer decides to bear all the contribution, the minimum contribution is 20% of monthly emolument. Mandatory and/or voluntary contributions by the employers and employees are deductible for tax purposes.
The Act also requires every employer to take out life insurance coverage for its employees.
National Housing Fund (NHF) contributions
NHF contributions are applicable to Nigerian employees earning a minimum of NGN 3,000 per annum. The employer is required to deduct 2.5% of basic salary from employees earning more than NGN 3,000 per annum and remit it to the Federal Mortgage Bank of Nigeria within one month of deduction.
Capital gains tax (CGT)
Gains accruing to a chargeable person (individual or company) on the disposal of chargeable assets shall be subject to tax under the Capital Gains Tax Act at the rate of 10%. There is no distinction between long-term and short-term gains and no inflation adjustment to cost for CGT purposes.
All forms of assets, including options, debts, goodwill, and foreign currency, other than those specifically exempt, are liable for CGT. The gains on the disposal of shares are exempt from CGT.
CGT is applicable on the chargeable gains received or brought into Nigeria in respect of assets situated outside Nigeria.
Capital losses are not allowed as an offset against chargeable gains accruing to a person from the disposal of any assets.
Value-added tax (VAT)
The standard VAT rate is 5%, but there is a plan to increase the rate to 10%. A bill is currently being drafted that includes the proposed increase in VAT rate. Once finalised, the draft bill will be presented to Parliament for enactment into law. Zero-rated items include non-oil exports, goods and services purchased by diplomats, and goods and services purchased for use in humanitarian donor funded projects. Exempt items include plants and machinery for use in export processing zones or free trade zones, basic food items, medical products and services, pharmaceutical products, books and educational materials, and exported services.
Net wealth/worth taxes
There are no net wealth/worth taxes in Nigeria.
Property taxes in Nigeria are usually levied annually by the state government with varying rates depending on the state and the location of the property within the state. The two major property taxes are governor’s consent fee and land registration fee. In Lagos (which is the economic hub of Nigeria), governor’s consent fee, land registration fees, and other levies payable to the state give rise to a total levy of 15% of the transfer value of the land. Also, Right of Occupancy fee and tenement rates are chargeable by state and local government authorities.
Luxury and excise taxes
Excise duty is applicable on beer and stout, wines, spirits, cigarettes, and tobacco manufactured and sold in Nigeria at rates ranging from 5% to 20%.
Special levies have been introduced on luxury items in the 2015 Budget effective from 2015. Details of these surcharges are as follows:
- Purchase of new private jets will be subject to a 10% import surcharge.
- Purchase of luxury yachts will be subject to a 39% import surcharge.
- Purchase of luxury cars will be subject to a 5% import surcharge.
- Purchase of champagnes, wines, and spirits will be subject to a 3% luxury surcharge.
- 1% Mansion Tax on residential properties within the Federal Capital Territory, Abuja. The tax is applicable to property with value of NGN 300 million and above.
- There will be a surcharge on business and first class tickets on airlines. The rate is yet to be determined.