An appraisal of the legal framework for the taxation of companies income in nigeria

 

Table Of Contents


  • <p> </p><div><p>TITLE PAGE<br>–<br>–</p><p>DECLARATION<br>–<br>–</p><p>CERTIFICATION<br>–<br>–</p><p>ACKNOWLEDGEMENT<br>–</p><p>DEDICATION<br>–<br>–</p><p>LIST OF ABBREVIATIONS TABLE OF STATUTES<br>–</p><p>TABLE OF CASES –<br>–</p><p>TABLE OF CONTENTS<br>–</p><p>ABSTRACT<br>–<br>–</p><p>

Chapter ONE

INTRODUCTION

  • GENERAL INTRODUCTION<br>–<br>–</p><p>1.1<br>BACKGROUND OF THE STUDY<br>–</p><p>1.2<br>LITERATURE REVIEW</p><p>1.3<br>STATEMENT OF THE PROBLEM –</p><p>1.4<br>OBJECTIVES OF THE RESEARCH</p><p>1.6<br>SCOPE OF RESEARCH<br>–</p><p>1.7<br>RESEARCH METHODOLOGY</p><p>1.7<br>JUSTIFICATION OF THE RESEARCH-</p><p>1.8<br>ORGANIZATIONAL LAYOUT<br>–</p><p>

Chapter TWO

LITERATURE REVIEW

  • HISTORICAL DEVELOPMENT OF CORPORATE TAX LAW IN NIGERIA 18
  • 2.1INTRODUCTION – – – – – – 18
  • 2.2HISTORY OF CORPORATE TAX LAW IN NIGERIA – – 21 2.
  • 2.1THE PERIOD OF TAX CONSCIOUSNESS – – – – 19 2.
  • 2.2THE PERIOD OF FISCAL MEASURE – – – – – 20 2.
  • 2.3THE PERIOD OF FISCAL CENSURE – – – – – 22 2.
  • 2.5THE PERIOD OF TAX AS INSTRUMENT OF SOCIAL REFORM – 24
  • 2.3THE CURRENT APPLICABLE LAWS TO CORPORATE TAXATION IN NIGERIA – – – – – – – – – 27
  • 2.4NATIONAL TAX POLICY AND CORPORATE TAXATION IN NIGERIA 27 2.
  • 4.1MEANING OF NATIONAL TAX POLICY – – – – 29

Chapter THREE

RESEARCH METHODOLOGY

  • THE BASIC CONCEPTS OF CORPORATE TAX LAWS AND TAXING JURISDICTIONS IN NIGERIA – – – – – – 31
  • 3.1INTRODUCTION – – – – – – – 31
  • 3.2THE BASIC CONCEPT AND RATIONAL FOR CORPORATION TAX – 31 3.
  • 2.1INTRODUCTION
  • 3.3RATIONALE FOR CORPORATION TAX – – – – 33
  • 3.4DEFINING A COMPANY FOR TAX PURPOSE – – – – 34
  • 3.5CATEGORIES OF COMPANIES – – – – – – 37
  • 3.6DISTINGUISHING FEATURES OF CORPORATE TAXATION IN NIGERIA 41
  • 3.7TAX ON PROFITS OR TURNOVER OF COMPANIES – – – 34
  • 3.8EXERCISE OF TAXING JURISDICTION – – – – 34 3.
  • 8.1STATUS JURISDICTION – – – – – – – 44 3.8.
  • 2.BUSINESS JURISDICTION – – – – – – 45

Chapter FOUR

DATA PRESENTATION AND ANALYSIS

  • CHARGEABLE INCOMES OF COMPANIES – – – – 51
  • 4.1INTRODUCTION – – – – – – – – 51 4.
  • 1.0LAW AND REVENUE PRACTICE – – – – – – 52 4.
  • 1.1RULE OF CONVENIENCE – – – – – – – 54 4.
  • 1.2RULE OF CONCESSION – – – – – – – 55
  • 4.2MEANING OF INCOME – – – – – – – 55 4.
  • 2.1RECURRENT QUALITY TEST – – – – – – 56 4.
  • 2.2ORDINARY COURSE OF BUSINESS TEST – – – – 57 4.
  • 2.3DESIGNATED SOURCE TEST – – – – – – 59 4.
  • 2.4PRACTICAL APPROACH – – – – – – – 60
  • 4.3IMPOSITION OF TAX – – – – – – – 61 4.
  • 3.1RENT AND PREMIUM – – – – – – – 64 4.
  • 3.2DIVIDEND AND ANNUITY – – – – – – 65 4.
  • 3.3SECURITY – – – – – – – – – 67
  • 4.4ASSESSMENT – – – – – – – – 69</p><p>ADDITIONAL ASSESSMENT<br>–<br>–<br>–<br>–<br>–</p><p>CURRENCY OF ASSESSMENT<br>–<br>–<br>–<br>–<br>–</p><p>
  • 4.5RATES OF TAX AND LEGISLATIVE EQUIVALENCY DOCTRINE – 75

Chapter FIVE

SUMMARY, CONCLUSION AND RECOMMENDATIONS

  • MODALITIES FOR THE TAXATION OF CORPORATE BODIES IN NIGERIA
  • 5.1 INTRODUCTION – – – – – – – – 77
  • 5.2 MODALITIES – – – – – – – – – – 77
  • 5.3SOURCE OF ACCRUAL BASIS AND BASIS OF LIA BILITY TO NIGERIAN TAXATION – – – – – 78
  • 5.4TYPES OF INCOME ASSESSABLE TO TAX – – – 79 5.
  • 4.1TRADE PROFITS – – – – – – – – 79 5.
  • 4.2INVESTMENT INCOME – – – – – – – 80 5.
  • 4.3INTEREST – – – – – – – – – 80 5.
  • 4.4DEDUCTION OF TAX FROM INTEREST AND RENTS – – 81 5.
  • 4.5ALLOWANCES, DUE AND FEES – – – – – – 82
  • 5.5INCOME EXEMPTED FROM TAXATION – – – – 82
  • 5.6CONDITIONS TO QUALIFY FOR PIONEER STATUS – – – 84 5.
  • 6.1PIONEER CERTIFICATE – – – – – – 85 5.
  • 6.2OPERATIONS OF PIONEER COMPANIES – – – 85 5.
  • 6.3COMMENCEMENT OF BUSINESS OR TRADE BY PIONEER COMPANIES – – – – – – 85 5.
  • 6.4POWERS OF F.B.I.R. IN RESPECT OF PIONEER COMPANIES – – 85 5.
  • 6.5RESTRICTIONS OF PIONEER COMPANY – – – 86
  • 5.7COMPUTATION OF TOTAL PROFITS OF A COMPANY – – – 86 5.
  • 7.1COMMENCEMENT OF A TRADE OR BUSINESS – – – 87 5.
  • 7.2CESSATION/TERMINATION OF TRADE OR BUSINESS – – 87 5.
  • 7.3PAYMENT RECEIVED AFTER THE TERMINATION OF BUSINESS OR TRADE- – – – – – – 88 5.
  • 7.4TRANSFER OR SALE OF BUSINESS OR TRADE – – – – 88 5.
  • 7.5TAKEOVER, MERGER, TRANSFER OR RESTRUCTURING OF BUSINESS – – – – – – – – – 89 5.
  • 7.6THE BASIC RULES FOR CALCULATING A COMPANY’S PROFITS – – – – – – – – – 89 5.
  • 7.7WHERE THERE IS NO ASSESSABLE PROFITS – – – 89 5.
  • 7.8DEDUCTIONS ALLOWED IN COMPUTING PROFITS OF A COMPANY – – – – – – – – 90 5.
  • 7.9DISALLOWABLE DEDUCTION FROM PROFIT – – – – 91
  • 5.8OTHER CATEGORIES OF DEDUCTIONS ALLOWED FROM PROFITS – – – – – – – – 92
  • 5.9LOSSES DEDUCTIBLE FROM INCOME FOR TAX PURPOSES – – 92
  • 5.10CAPITAL ALLOWANCES AS DEDUCTIBLE FROM INCOME FOR TAX PURPOSES – – – – – – 93
  • 5.11TAXATION OF DORMANT COMPANIES – – – – – 95
  • 5.12TAXATION OF DIVIDENDS – – – – – – 95 CHAPTER SIX: SUMMARY AND CONCLUSIONS
  • 6.1SUMMARY – – – – – – – – 104
  • 6.2FINDINGS – – – – – – – – – 106
  • 6.3RECOMMENDATIONS – – – – – – – 108 BIBLIOGRAPHY – – – – – – – – 116</p><p></p></div><h3></h3><br> <br><p></p>

Project Abstract

<p> The current wave of globalization and technological revolution has had a tremendous effect on companies‟ income tax in Nigeria. For instance, the e-commerce which is a relatively new technology epitomizes boundary, whereas the companies income tax law upholds the concepts of residence, fixed base and permanent establishment. Nigerian tax administration is ill-equipped to cope with these emerging tax problems. The old standard of corporation tax, the manual assessment and enforcement procedures cannot meet up with the fast- changing commercial activities of the companies. This consequently creates administrative ineptitude which to a large extent adversely affects revenue generation in Nigeria. There is therefore the need to probe into how the developments have affected our domestic Companies Income Tax Act. This thesisalso attempts to highlight grey areas in corporation tax system in Nigeria which affects revenue generation. Some of these areas of potential problems are the problems of assessment and enforcement of corporate taxes, the negative effect of globalization on corporation taxes; the legality or otherwise of operating unincorporated treaties and Double Taxation Arrangement and finally the complication of enforcement and administration of corporation tax laws.This thesis entitled “An Appraisal of the Legal Framework For the Taxation of Companies Income in Nigeria” aims at critically examining the various laws and principles relating to the taxation of companies in Nigeria. Accordingly, the objectives of the study is with a view to measuring the adequacies or inadequacies of the said laws and principles, which if frontally addressed, their menace to corporate tax laws and consequently to revenue generation will be drastically reduced to the barest minimum This research has adopted the doctrinal method which includes tax laws, various textbooks, treaties, case laws and articles drawn from relevant sources of this research topic. In the course of this research, it has been found amongst others that there are complexities in respect of the tax statutes, poor implementation and application of international corporate double taxation treaties in Nigeria, misinterpretation of corporate tax terms like “accruing in” “ brought in” or “derived from” and lack of enforcement skills in the assessment, collection of corporate taxes by tax administrators.The research concludes that unless there is a wholistic overhaul and/or introduction of a co-ordinated platform for the administration of corporate tax laws in Nigeria corporate revenue generation will continue to pose serious challenges in Nigeria. <br></p>

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