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TAX PAYMENT IN NIGERIA, STATUTORY PRESCRIBED TIME FOR PAYMENT AND PENALTY FOR LATE PAYMENT

Civil Litigation, Corporate Practices, Trademark

FEBRUARY 2026 Vol. I

In general term, taxation is a medium which government introduces to raise money for its agenda or program to meet its obligations to its citizen. Tax payment is a statutory obligation imposed on individuals and corporate entities operating in Nigeria to raise money for
public purposes.

In Nigeria, all persons in employment, individuals in business, non-residents who derive income from Nigeria as well as companies that operate in Nigeria are liable to pay tax. The main purpose and
aim of paying of tax are to generate income to meet government expenses. Nigerian tax system is regulated by various laws which prescribe the timelines within which taxes must be filed and paid, as well as penalties for non-compliance.

Some taxes are payable to the Federal Government (and administered by the Federal Inland Revenue Services) while some are payable to the State Governments and some to the Local Government. Compliance with these statutory timelines is essential to avoid penalties, interest, and enforcement actions by tax authorities such as the Federal Inland Revenue Service (FIRS) and the respective State Internal Revenue Services.

STATUTORY PRESCRIBED PERIOD FOR PAYMENT OF TAX.
1. Companies Income Tax (CIT) Under the provisions of the Companies Income Tax Act (CITA), companies are required to file their tax returns and pay taxes due within: Six (6) months after the end of the company’s accounting year; or Eighteen (18) months after incorporation, whichever is earlier (for newly incorporated companies). Where a tax assessment is issued, the tax becomes payable within the period specified in the notice of assessment, typically within 30 days.

2. Personal Income Tax (PIT) The Personal Income Tax Act (PITA)
regulates personal income tax obligations.

• Individuals must file their annual tax returns on or before 31st
March each year.
• Under the Pay-As-You-Earn (PAYE) system, employers must
remit deducted taxes not later than the 10th day of the following month.

3. Value Added Tax (VAT) Pursuant to the Value Added Tax Act, taxable persons must remit VAT collected to the Federal Inland Revenue Service on or before the 21st day of the month following the transaction. This obligation applies whether or not VAT was collected during the relevant
period.

4. Withholding Tax (WHT) Withholding Tax deducted from payments must be remitted within the following statutory periods:
• Within 21 days from the date of deduction, where payable to the Federal Inland Revenue Service; and
• Within 30 days from the date of deduction, where payable to State Internal Revenue Services. Penalties for Late Payment of Tax in Nigeria Failure to pay tax within the statutory prescribed period attracts penalties and interest under the relevant tax laws.
1. Penalty under the Companies Income Tax Act Under the Companies Income Tax Act, failure to file returns attracts:
• ₦25,000 penalty for the first month of default; and
• ₦5,000 for each subsequent month of default. Additionally, interest accrues on unpaid taxes at the prevailing commercial rate.
2. Penalty under the Personal Income Tax Act Failure to file returns under the Personal Income Tax Act attracts:
• ₦5,000 penalty for individuals; and
• ₦500,000 penalty for corporate employers for failure to remit PAYE.
Interest also accrues on unpaid tax liabilities until payment is made.
3. Penalty under the Value Added Tax Act Failure to remit VAT attracts:
• ₦50,000 penalty for the first month of default; and
• ₦25,000 for each subsequent month of default. Interest is also charged on outstanding VAT.
4. General Penalty and Enforcement Measures In addition to statutory penalties, tax authorities may take enforcement actions including:
• Imposition of interest on unpaid taxes
• Issuance of demand notices
• Freezing of bank accounts
• Seizure of assets
• Legal proceedings for recovery of tax debt
These enforcement powers are supported by the Federal Inland Revenue Service (Establishment) Act.

Conclusion
The statutory prescribed time for payment of taxes in Nigeria is clearly defined under various tax laws. Tax payers are required to comply strictly with these timelines to avoid penalties, interest, and enforcement actions. Timely compliance not only ensures adherence to the law but also promotes sound corporate governance and financial accountability.

Taxpayers are therefore advised to maintain accurate financial records, monitor tax deadlines, and seek professional guidance where necessary
to ensure full compliance with Nigerian tax laws.

For further information, please contact: Cynthia Eze (Mrs.)
Email:info@ikejianiandco.com
Tel: +234-8130145629

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A REVIEW OF THE NIGERIAN TAX REFORM ACT 2025 AND THEIR IMPLICATIONS FROM JANUARY 2026

Civil Litigation, Corporate Practices, Expatriate Services

In a significant move aimed at strengthening Nigeria’s fiscal framework and improving its investment climate, the Federal Government enacted four landmark tax laws on 26 June 2025. These include the Nigeria Tax Act, Nigeria Tax Administration Act, Nigeria Revenue Service (Establishment) Act, and the Joint Revenue Board (Establishment) Act. Collectively referred to as the Nigerian Tax Reform Acts, these laws became fully operational on 1 January 2026. Despite public debate surrounding their enactment, the reforms are fundamentally designed to simplify tax administration, reduce the burden on compliant taxpayers, broaden the tax base, and reposition Nigeria as a more competitive destination for local and foreign investment.

UNDERSTANDING TAX REFORM IN NIGERIA
Tax reform involves comprehensive changes to a country’s tax system, covering both how taxes are imposed and how they are administered. Prior to these reforms, Nigeria’s tax framework was largely fragmented,
governed by multiple overlapping statutes. The new regime introduces a consolidated, transparent, and more equitable system intended to support sustainable national development and improve the ease of doing business. Under the reforms, taxable persons are broadly defined to include individuals and entities that earn income or carry out economic activities within Nigeria, reinforcing the government’s objective of expanding compliance while reducing arbitrariness.

INSTITUTIONAL FRAMEWORK AND ADMINISTRATION
The Federal Government retains primary responsibility for tax policy formulation and legislation. However, the operational role is now vested in the Nigerian Revenue Service (NRS), which replaces the former Federal Inland Revenue Service (FIRS). The NRS is charged with the assessment, collection, enforcement, and administration of federal taxes and related revenues under the new framework.

KEY HIGHLIGHTS OF THE NIGERIAN TAX REFORM ACTS
• Expanded tax relief for small companies: Small companies now benefit from significantly higher exemption thresholds. Businesses with annual turnover not exceeding ₦100 million and fixed assets of ₦250 million or less are exempt from Companies Income Tax, Capital Gains Tax, and the newly introduced Development Levy. This represents a major increase from the former ₦25 million threshold and is intended to stimulate small business growth.

• Introduction of a unified Development Levy: Companies that do not qualify as small companies are now subject to a Development Levy of 4% on assessable profits. This single levy consolidates several existing charges, including the Tertiary Education Tax, IT Levy, NASENI Levy, and Police Trust Fund Levy, simplifying compliance and administration.

• Increase in Capital Gains Tax
Capital Gains Tax for companies has been increased from 10% to 30%, aligning it with the Companies Income Tax rate and addressing previous opportunities for tax arbitrage. For individuals, capital gains are now taxed in line with applicable personal income tax bands.

• Taxation of indirect share transfers
The reforms introduce Capital Gains Tax on indirect transfers of shares in Nigerian companies carried out through offshore entities, subject to applicable tax treaty reliefs. In addition, the exemption threshold for share disposals has been increased to ₦150 million within a 12-month period, provided gains do not exceed ₦10 million.

• More progressive personal income tax regime
Individuals earning ₦800,000 or less annually are now exempt from personal income tax, while higher earners are taxed progressively at rates of up to 25%. Compensation for loss of employment or injury is also exempt up to ₦50 million, an increase from the previous ₦10 million cap.

• Minimum Effective Tax Rate for large companies
Multinational groups with global turnover of €750 million or more, or Nigerian companies earning ₦50 billion or above annually, are now subject to a minimum effective tax rate of 15%. Where subsidiaries pay tax below this threshold, a top-up tax may apply, subject to defined exemptions.

• Clearer residency rules
The reforms provide a clearer definition of tax residence for individuals, focusing on economic interests and family ties. This clarification reduces uncertainty and broadens the personal income tax base while addressing
prior inconsistencies.

• Zero-rated VAT on essential goods and services
The scope of zero-rated VAT has been expanded to cover essential goods and services, including basic food items, healthcare, pharmaceuticals, educational materials, electricity services, tuition fees, and most exports.
Businesses in these sectors may now reclaim input VAT, a significant shift from the previous regime.

• Introduction of a Tax Ombuds Office
An independent Tax Ombuds Office has been established to handle taxpayer complaints and resolve disputes relating to taxes and levies, strengthening accountability and taxpayer protection.

• Adoption of VAT focalization and e-invoicing
Nigeria has formally adopted VAT focalization and compulsory electronic invoicing, requiring businesses to use approved systems for VAT reporting and remittance. This move enhances transparency and aligns Nigeria with global digital tax practices.

CONCLUSION
The Nigerian Tax Reform Acts represent a bold attempt to create a fairer, more efficient, and investment-friendly tax system. By supporting small businesses, protecting low-income earners, and ensuring that larger and multinational companies contribute equitably, the reforms are expected to improve compliance, reduce disputes, and strengthen public revenue.

WHAT WE DO AT AMADI, IKEJIANI & CO.
Our firm continues to advise individuals and businesses on navigating the practical and compliance implications of Nigeria’s evolving tax regime. For tailored guidance on how these reforms may affect your operations, please contact our Tax and Corporate Advisory team.

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CENTRAL BANK OF NIGERIA REGULATION ON INSTANT (INTER-BANK) ELECTRONIC FUNDS TRANSFER SERVICES: A SOLUTION TO ERRONEOUS TRANSFERS

Corporate Practices

INTRODUCTION
An erroneous transfer occurs when funds are mistakenly sent to the wrong recipient, account, or amount. The situation has become a common occurrence due to advances in digital banking and the growth of FinTech Companies in Nigeria. Consequently, the Central Bank of Nigeria devised a solution to curb the delay in ratification of Electronic Transfer errors without resorting to a court order and Litigation.

Thus, on September 14, 2018, the Central Bank of Nigeria, through its Financial Policy and Regulation Department, released a Circular on the Regulation for the Operation of Indirect Participants in the Payment system, which went into effect on 2nd October 2018, with the following mandate:
1. Setting out the rules for the operation of Instant Electronic Funds Transfer Services in Nigeria.
2. Prescribing the rights and obligations of the parties to such services.
3. Provision of the minimum standards for the operations of the parties to EFT services.
4. Stipulate procedures geared towards the enhancement of the soundness of instant EFT services, while adequately protecting the interests of instant EFT customers and operators

  1. The Regulation was primarily to regulate the activities of Financial Institutions (FIs)
    a. Deposit Money Banks
    b. Other Financial Institutions (OFIs), i.e. licensed Primary Mortgage banks,
    c. Development Finance Institution (DFI)
    d. Instant EFT Services Providers
    e. Customers (Originator and Beneficiary)
    f. Any other stakeholder as may be determined by the CBN from time to time.

CBN circular on the Regulations On Instant Electronic Funds Transfer Services In Nigeria S.3.0

MODE OF RECONCILIATION OF ERROR IN ELECTRONIC FUNDS TRANSFER
In the event of an electronic fund transfer, the regulation by CBN specifies that all Instant EFT disputes shall be resolved within 3 working days.
Where the Sending and receiving entities fail to agree, the aggrieved entity shall report to the Director, Consumer Protection Department, CBN, within five (5) working days of the failure to resolve the dispute to minimize customer pain.

WRONG TRANSFER DUE TO BANK ERROR
Where a Sending Entity erroneously sends value contrary to customer’s instructions due to wrong account number, wrong amount, duplication, etc to a Receiving Entity and requests the reversal in writing within 14 working days of the transaction, the Receiving Entity shall oblige within one (1) business day, without recourse to the customer(beneficiary) of the Receiving Entity provided funds are available funds are available. Where funds are not available, the Receiving Entity shall immediately notify its customer that the account was wrongly credited and provide proof of such notification to the Sending Entity.

WRONG TRANSFER DUE TO FRAUD
The provisions of the CBN circular with reference number BPS/DIR/GEN/CIR/02/004 5 dated 11th June, 2015, on the Establishment of Fraud Desks or any amendment thereto shall apply. The Fraud Desks Circular provides that financial institutions are required to maintain a dedicated fraud desk responsible for receiving and responding to fraud alerts and carrying out services which include blocking and/or placing of no-debit restrictions on accounts upon receipt of fraud complaints.

This implies the Fraud Desk Circular empowers financial institutions to block or restrict any account upon receipt of a complaint relating to fraud. This power is exercisable without seeking any order of the court, as illustrated in the case of Kuda Microfinance Bank Ltd v. Amarachi Kenneth Blessing,6 where the Court of Appeal held that a financial institution is justified in placing a PND on a customer’s account when a complaint
of fraud is made. The court noted that in such cases, the bank is acting on its obligation to prevent fraud and the contractual agreement with the user.

2 ETF S.4.0
3 ETF S.10.1
4 ETF S.10.2
5 CBN CIRCULAR ON ESTABLISHMENT OF FRAUD DESK
https://www.cbn.gov.ng/OUT/PUBLICATIONS/REPORTS/RSD/2009/CBN%20DRAFT%20ANNUAL%20R
EPORT%

WRONG TRANSFER DUE TO CUSTOMER ERROR
Where a customer claims to have made an error, the following provisions shall apply:
Where the beneficiary is known to the complainant, the Sending Entity shall encourage the complainant to contact the beneficiary for an amicable settlement. where the beneficiary is not known to the complainant or a known beneficiary refused to effect a refund to the complainant, the Sending Entity, having received a tenable claim from the customer, shall notify the Receiving Entity, who shall place a lien on the amount in the account of the beneficiary and thereafter obtain the consent of the beneficiary to execute a refund.

CONCLUSION
The introduction of the Electronic Funds Transfer Circular has strengthened the framework for accountability within the financial and Banking system in Nigeria by providing clear regulatory guidelines that facilitate the identification and reconciliation of errors that may arise in the course of daily electronic fund transfer transactions. The advent of the Electronic Funds Transfer Circular has also fostered the growth of transparent and honest error reconciliation in daily transactions. The Circular was designed to ensure that such errors are addressed swiftly and, thereby, promote consumer confidence in the electronic payments ecosystem. However, notwithstanding the efforts of the apex financial institution Central Bank of Nigeria to ensure the effective implementation of these regulatory provisions, the practical operation of the system in Nigeria remains considerably rigid. In many instances, financial institutions still insist on the production of a court order before rectifying certain transaction errors. This requirement not only delays the resolution process but also appears to undermine the spirit and objectives of the regulatory framework governing
electronic fund transfers.

6 CA/EK/48/2024 – Dec 27, 2024.
7 ETF S.10.4

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Nixon Peabody and Stroock target summer merger deal, media report states

Civil Litigation, Corporate Practices, Expatriate Services, Trademark

US law firms Nixon Peabody and Stroock & Stroock & Lavan are in merger talks with the ambition of announcing a tie-up in the summer, according to a media report.

The news, reported by Law.com citing sources with independent knowledge of the negotiations, follows a series of team exits from Stroock since the start of 2022, including the departure of a market-leading 43-strong restructuring group to Paul Hastings last spring.

A merger between New York-headquartered Stroock and the larger, Boston-based Nixon Peabody would create a firm with more than 800 lawyers and revenue in the region of $800m. Stroock currently has offices in Los Angeles, Miami and Washington DC as well as New York, while Nixon Peabody’s footprint covers 15 offices, including four international bases in London, Singapore, Hong Kong and Shanghai.

Neither firm would confirm the talks, although a Stroock spokesperson commented: “As we have previously reported to the media, growth is our number one priority. Scale is undoubtedly important in the legal industry. We are talking to individuals, groups and firms every day. Should a strategic combination or other arrangement come to fruition, we would announce it as appropriate, but we have no comment on rumors or other speculation.”

Stroock has already held discussions with firms including McGuireWoods, Steptoe & Johnson and Squire Patton Boggs, but the prospects of a deal have been hampered by pensions liabilities and Stroock’s accruals accounting system, according to Law.com.