A Bill seeking to amend the Companies Income Tax Act Cap C21 LFN 2004 to, among other things, make for tax incentives for economic growth and creation of employment opportunities is currently under consideration by the National Assembly.
The Bill, if passed into law, will grant a 10 year tax holiday to any new company established in an area with no electricity, water or tarred road. Where such facilities provided by government are located at least 10 kms away the company will be entitled to investment allowance ranging from 20% to 100% of expenditure incurred in providing such facilities.
It is not clear if the investment allowance will be in addition to the tax free period or they are mutually exclusive. Also it is not clear if tax free period will be based on the unavailability of at least one or all of the facilities.
Also the Bill seeks to increase the tax holiday of a new company going into mining of solid minerals, or gas utilisation from the current 3 and 5 years to 5 and 7 years respectively.
The proposed amendment, subject to necessary fine-tuning if it must go through, is most likely a welcome development for some investors and taxpayers although there is no empirical evidence of any direct relationship between tax incentives and economic growth or employment generation.
Given the federal government’s policy direction to move away from selective tax incentives, because they create uneven playing field, the proposed tax incentive should perhaps apply to all companies in Nigeria. The reason for this, which is not far-fetched, is that many companies do not rely on water or electricity provided by government. Also in many cases roads are in a terrible state that they are as bad as un-tarred. Consequently, this means virtually all companies operating in Nigeria (including those located in cities) should be eligible for the incentive. In fact, in many home individuals generate their own electricity and water. May be such individuals should also enjoy a tax free holiday from personal income tax.
Download CITA Amendment Bill 2012
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