Personal Income Tax is the charge on the income of individuals,
trustees, and executors. In Nigeria, the two key legislation are the
Personal Income Tax Amendment Act 2011 (PITAM) and Finance Act
2020 (https: //www.bomesresourcesconsulting.com/finance-ac
2020-nigeria-overview.html). The effective date of the Finance Act
2020 is 1 January 2021. This article provides a guide on the taxation of
employees in Nigeria
Employees pay tax based on residency. Thus, an employee will be a tax
resident if the;
1. employee works fully (or partially) in Nigeria or
2. employer is in Nigeria or
3. employer has a fixed base in Nigeria,
Also, an, expatriate employee
(https: //www:bomesresourcesconsulting.com /expatriate-tax-
nigeria html) may be liable to tax in Nigeria unless the;
1. employce stayed less than 183 days in any period of 12- Training
months;
2. employer is not resident in Nigeria; Reserve a seat in our
3, non-resident employer bears the employee cost; and professional accounting
4, employee has paid tax in another country. and tax training
(httas, /wwwbomesres
ourcesconsulting.com/t
raining)
Significant economic presence for individuals
Notwithstanding the four conditions for taxation of foreign employees
in Nigeria, the Finance Act (FA) 2020 introduced the significant
economic presence rule for personal income tax (PIT). The gains or yeeprofits of the trade or business will be taxable in Nigeria when an
individual, executor, or trustee outside Nigeria provides technical,
management, consultancy, or professional services to a person
resident in Nigeria,
‘The withholding tax (WHT) on such income will be the final tax,
Currently, the WHT rate for transactions of this nature is 5%. As SEP
considers cross border activities, a non-resident person (NRP) may
seek tax relief under a double tax treaty. Furthermore, the Minister of,
Finance may issue an Order to define the activities that constitute a
significant economic presence under PIT.
Chargeable income
Once an employee is a tax-resident in Nigeria, income tax will be
payable on the worldwide income. Worldwide income refers to income
received within and outside Nigeria. Meanwhile, income chargeable to
PIT includes income from all sources minus all non-taxable income,
income on which no further tax is payable, tax-exempt items,
allowable business expenses, and capital allowance. In other words,
the gross income of an employee who earns only emoluments will be
as follows;
+ Employment income less non-taxable income, income on which no
further tax is payable, and tax-exempt items.
‘The statutory tax allowances and reliefs are:
1, Premium paid in the prior year for a life insurance policy of a
person or a spouse.
2. Contribution(s) to an approved pension fund
(https: //www.bomesresourcesconsulting.com/tax-appeal-
tribunal-affirms-exemption-voluntary-pension-contribution.htm!),
National Health Insurance Scheme
(https: //www-bomesresourcesconsulting.com/payroll-tax-social-
security-contributions-nigeria.html), National Housing Fund
(https: //www-bomesresourcesconsulting.com/president-declines-
assent-national-housing-fund-bill-2018.html)
3. Gratuities (https: //www.bomesresourcesconsulting.com/tax-
appeal-tribunal-gratuities-exempt html)
4. Consolidated relief allowance or CRA; that is the higher of
NGN200,000 per annum or 1% of annual gross income, plus 20% of
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*the gross income per annum, Note that the new definition of gross
income is gross emoluments minus all statutory reliefs.
‘Tax rates
Nigeria adopts a Pay-As-You-Earn (PAYE) system to calculate the
personal income tax of employees. It is called PAYE tax. This tax rate
progresses from 7 percent to 24 percent of taxable income. The
taxable income band ranges from NGN300,000 to above NGN3.2
million in a year.
ANNUAL RATE TAX PAYABLE PER ANNUM (NGN)
TAXABLE
INCOME
(NGN)
First 21,000
NGN300,00
Next 11% 33,000
NGN300,000
Next 15% 75,000
NGNS00,000
Next 19% 95,000
NGNS00,000
Next 21% 336,000
NGN1,600,000
Above 24% — Multiply only the excess amount over
NGN3,200,000 NGN3.2 million by 24%, For example,
an annual taxable income of NGNS
million is (5-3.2) million * 24%
NGN432,000.
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nA minimum tax of 1 percent of gross income will apply where an
individual has no taxable income or where the PAYE tax is less than
the minimum tax. However, a low-income earner is exempt from
minimum tax in Nigeria. The Finance Act 2020 defines a low-income
earner as a person who earns the National Minimum Wage or less. At
the moment, the threshold in Nigeria stands NGN30,000 per month or
NGN360,000 per annum.
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‘Tax Returns and Due dates
Furthermore, an employer will deduct monthly PAYE tax from
employees’ salary and remit the tax to the relevant tax authority
through designated banks. The due date is within ten (10) days of the
next month,
‘There are two annual PAYE tax returns that an employer should file on
behalf of an employee. They are Form Hi and Form A. Another name
for the Form Hi return is an annual employer's tax return. It shows the
name, gross income per annum, and PAYE taxes of employees in the
preceding tax year. In practice, a taxpayer files Form G alongside Form
HI
Form G shows details of the annual PAYE tax paid and the
corresponding receipts. The due date for filing Form Hi is 31 January
of the following year.
On the other hand, Form A is an annual declaration of individual
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current year is the due date for filing Form A.
Conclusion
Changes in the PIT law will affect the calculation and report.
Employers and persons in a management capacity should assess the
impact of the new law on their employees. For specific guidance, BRC
can assist with a customized payroll tax solution.
Download - BRC Article on PAYE tax in Nigeria
(https://www.bomesresourcesconsulting.com/wp-
content /uploads/2021/01/BRC-Article-PAYE-tax-in-Nigeria~
with-Finance-Act-2020.pdf),
Updated: 29 January 2021
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