Daily Law Tips (Tip 417) by Onyekachi Umah, Esq., LLM. ACIArb(UK)
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CAN TAX OFFICE UNILATERALLY IMPOSE PERCENTAGES OF TURNOVER AS ANY PERSON’S INCOME TAX.
Surprisingly, Yes.
Personal Income Tax is a direct tax charged on income, salary, allowance, wage, fee, bonuses, dividends or any benefit of an adult individual, communities, families, executors and trustees being resident in Nigeria or outside Nigeria or that of any person resident outside Nigeria but deriving income or profit from Nigeria.
Where a tax office cannot for a certain year ascertain the true income of a person from his business(trade, Profession or vocation) because the business produced no assessable income or produced an assessable income that is in the opinion of the tax office is less than what might be expected to arise from that business or that the true assessable income of the person form the business cannot be readily ascertained, the tax office may assess and charge such person on such fair and reasonable percentage of the turnover of the business.
If the business of the person is carried on in Nigeria, tax office will assess and charge the person on such fair and reasonable percentage of the turnover of the business as the tax office will determine.
If the person is a non-resident but has a fixed base in Nigeria, from where he carried on such business, tax office will assess and charge that person on such fair and reasonable percentage of the turnover attributable to that fixed base.
If the person is a non-resident that operates a business through another person or persons, tax office will assess and charge that person on such fair and reasonable percentage of the turnover of business carried on through that person.
If the person is a non-resident that operates a business in Nigeria which involves a single contract for surveys, deliveries, installation or construction, tax office will assess and charge that person on such fair and reasonable percentage of the contract.
My authorities are sections 1, 2, 3, 7, 108 and 109 of the Personal Income Tax Act 1993.
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