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PwC secures landmark decision- sales in the ordinary course of business not subject to WHT | |
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Dear Subscriber The Companies Income Tax (Rates, Etc., of Tax Deducted at source) Regulations 1997 (WHT Regulations) requires that tax is withheld on payment for certain qualifying services. The rates are either 2.5%, 5% or 10% depending on the specific service. The WHT Regulations provide that "all types of contracts and agency arrangements other than sales in the ordinary course of business" are subject to WHT at 5%. This means that sales in the ordinary course of business would not be subject to WHT. However, the WHT Regulations do not define what amounts to "sales in the ordinary course of business" (SITOCOB). Interestingly, the Federal Inland Revenue Service (FIRS) puts pressure on taxpayers to deduct WHT on all payments whether or not they are in respect of "sales in the ordinary course of business". This imposes a practical burden on low margin businesses (like trade and manufacturing). To avoid assessments and penalties from FIRS, businesses that make such purchases impose WHT on such payments. For more insights, click the download button below to read the full publication. |
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Contact Us Kenneth Erikume Partner kenneth.y.erikume@pwc.com | Folajimi Akinla Manager folajimi.akinla@pwc.com |
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