Author: admin

  • Doing Business in Nigeria: Setting Up an Accounting System

    Doing Business in Nigeria: Setting Up an Accounting System

    Setting up a robust accounting system is essential for any business, especially in a dynamic market like Nigeria. Just as you wouldn’t build a house on a weak foundation, your business needs a strong financial base to thrive. This article will guide you through the critical steps and considerations for establishing an effective accounting system in Nigeria.

     

    Watch Video on YouTube

     

    Understanding IFRS

    In Nigeria, there isn’t a one-size-fits-all accounting system, which offers flexibility but also requires adherence to certain key standards. One of the most important is IFRS—International Financial Reporting Standards. IFRS serves as the universal language of business finances, and all companies in Nigeria, regardless of size, are required to follow these standards when preparing their financial reports.

    Regulatory Requirements

    Next, it’s essential to understand the regulatory landscape. The Companies and Allied Matters Act (CAMA) is the cornerstone of corporate governance in Nigeria. It outlines the guidelines that companies must follow to ensure transparency, accountability, and operational integrity.

    CAMA mandates meticulous record-keeping practices, which are critical for maintaining accurate records of a company’s assets and liabilities. These records, whether in physical or digital form, are more than just administrative necessities—they are the foundation of sound financial management and regulatory compliance. Proper record-keeping helps safeguard against fraudulent activities, facilitates audits, and ensures compliance with tax obligations and other regulatory requirements.

     

    Read More: Safeguarding Data Assets: A Proactive Approach to Mitigate Evolving Cybersecurity Risks

     

    Transparency and Compliance

    Financial statements are like report cards for your business. In Nigeria, it is mandatory for companies to have their financial statements audited annually and submit them to both the tax authorities and the Corporate Affairs Commission (CAC). If you’re unfamiliar with the CAC or the business registration process, you can refer to our previous discussions for more detailed insights.

    Group Accounts and Deadlines

    If your business has subsidiaries, it’s important to prepare “group accounts” to maintain clarity and accuracy in financial reporting. Additionally, directors must select a specific date to end their financial year, such as December 31st for most companies. This date should be communicated to the CAC to ensure compliance during filing.

    Building for Success

    So, why is it crucial to have a well-structured accounting system? A solid accounting system is the backbone of your financial operations. It keeps your finances organized, helps you stay compliant with regulations, and provides peace of mind knowing your business is on solid ground. Here are the steps to set up your accounting system effectively:

    1. Open a Bank Account

    The first step is to open a dedicated business bank account. This separates your personal and business finances, making it easier to manage your company’s finances and comply with regulatory requirements. We have discussed this in detail in a previous article, so feel free to refer to that for more information.

    2. Select an Accounting Method

    Choosing the right accounting method is crucial. There are three primary accounting methods:

    Cash Basis Accounting: This straightforward approach records transactions as they occur. It is particularly suitable for short-term financial dealings.

    Modified Cash-Basis Accounting: This method balances cash basis and accrual accounting. It uses cash basis for short-term transactions and accrual accounting for long-term commitments, such as liabilities and accounts payable.

    Accrual Accounting: This method may seem complex for beginners, but it is highly effective for monitoring financial activities over extended periods. It records transactions when they occur, regardless of cash flow.

    3. Choose Accounting Software

    Selecting the right accounting software is another key step. There are two main categories: cloud-based and desktop-based software. Cloud accounting offers flexibility, allowing you to access your finances from anywhere, while desktop software confines you to the device where it’s installed.

    When choosing software, consider factors such as budget, user-friendliness, and the availability of customer support.

    4. Set Up Your Chart of Accounts

    A chart of accounts (COA) is like a table of contents for your business accounts. It categorizes your business transactions into five primary accounts, with as many sub-accounts as necessary. Properly organizing your COA is essential for efficient financial management.

    5. Organize Transactions

    It’s important to keep detailed records of purchases, expenses, and assets, especially if you plan to deduct them. Organizing receipts electronically is recommended, as it simplifies bookkeeping. Regardless of the method you choose, follow these guidelines:

    • Sort receipts by type.
    • Organize receipts chronologically.
    • Store receipts in a specific location (e.g., a filing cabinet or digital folder).
    • Be consistent in your record-keeping.

    6. Maintain Records

    With your accounting system set up, you’re ready to start managing your business finances effectively. Stay organized, adhere to schedules, and record all financial transactions promptly.

    Conclusion

    Setting up a robust accounting system is a critical step in ensuring the success and sustainability of your business in Nigeria. If you have any questions about setting up your accounting system or need professional bookkeeping, audit, or assurance services, feel free to reach out to us at [email protected].

    Don’t forget to subscribe to YouTube channel and stay tuned for more insights in our “Doing Business in Nigeria” series. 

  • Doing Business in Nigeria: Labour Matters

    Doing Business in Nigeria: Labour Matters

    Understanding the intricacies of labour laws is essential for anyone engaged in business operations in Nigeria. Whether you’re an employer or an employee, staying informed about the legal framework governing employment can make a significant difference in your business success.

    In this article, we delve into the critical aspects of labour laws in Nigeria, offering insights to help you navigate this important aspect of doing business.

     

    Watch Video on Youtube

     

    Equal Pay and Employment Contracts

    Nigeria, with its vast labour force of over 73 million people, is the most populous nation in Africa. According to the 1999 Constitution of the Federal Republic of Nigeria, employees are entitled to equal pay for equal work, free from discrimination based on sex, ethnicity, religion, or political opinion. This principle forms the foundation of fair employment practices in the country.

    In addition to ensuring equal pay, Nigerian law mandates that employers provide written employment contracts within three months of hiring an employee. These contracts must detail essential particulars, including:

    • The employer’s name and address
    • The employee’s name, address, and the place and date of engagement
    • The nature of the employment
    • The contract’s duration, if it is for a fixed term
    • The notice period required for terminating the contract
    • Wages, payment methods, and frequency
    • Terms and conditions related to work hours, holidays, sick pay, and other important aspects relevant to the employment relationship

     

    Read More: Understanding Employee Share Based Compensation Taxes for Employers & Employees in Nigeria

     

    Wages, Hours, and Holidays

    Wages in Nigeria are typically due and payable at agreed intervals, whether daily, weekly, or monthly. As of the time of writing, the minimum wage in Nigeria stands at ₦70,000 per month.

    Employees are entitled to a minimum of six working days of holiday with full pay after twelve months of continuous service. In addition to this, employees enjoy federal government-approved public holidays, including Workers’ Day, Democracy Day, Independence Day, and religious holidays.

    Healthcare and Pension

    The Pension Reform Act requires both employers and employees to contribute to a pension scheme, ensuring financial security in retirement. Moreover, employers are obligated to maintain a Group Life Insurance Policy worth at least three times the employee’s total annual emolument. Additionally, employers must contribute to a mandatory employee compensation scheme administered by the Nigeria Social Insurance Trust Fund (NSITF).

    Under Section 14 of the National Health Insurance Act of 2022, employers with five or more employees must register themselves and their staff in Health Insurance Schemes. This provision underscores the importance of health coverage in maintaining a productive workforce.

     

    Read More: Leveraging the Employee Compensation Act for Worker Safety in the Oil and Gas Industry

     

    Employment Termination in Nigeria

    Employment termination in Nigeria is governed by the terms of the employment contract. Employers may dismiss an employee for a fundamental breach of contract, and it is advisable for employers to clearly outline potential breaches in the employment contract. This clarity ensures that both parties understand the circumstances that could lead to termination.

    When employment-related disputes arise, they are resolved through the National Industrial Court, a specialist court established for the settlement of trade and labour disputes. This court operates under the guidance of the Trade Dispute Act of 1976, ensuring a fair resolution process.

    Employment of Expatriates in Nigeria

    Hiring expatriates in Nigeria comes with its own set of legal requirements. For those interested, a dedicated episode in our “Doing Business in Nigeria” series covers the process in detail. You can watch that episode by clicking the link provided.

     

    Read More: Economic Resilience: A Nigerian Business Owner’s Guide to Financial Mastery

     

    Conclusion

    Labour is the lifeblood of any business, and adhering to labour laws is crucial not just for legal compliance but also for building a sustainable business in Nigeria. At Stransact, we offer expert guidance to help you navigate these complex regulations. If you have any questions about labour laws in Nigeria or need assistance, feel free to contact us at [email protected].

    Thank you for reading. Be sure to subscribe to our YouTube channel to catch up on our Doing Business in Nigeria video series

  • FinTech: Credit Management as a Pathway to Profitability

    FinTech: Credit Management as a Pathway to Profitability

    Nigeria’s FinTech industry has experienced rapid growth, with over 200 FinTech companies now operating in the country, collectively valued at billions of dollars.

    Major players like Flutterwave, valued at over $3 billion, and Paystack, acquired by Stripe for $200 million, have made headlines for their contributions to the digital economy. In 2023, despite a challenging funding environment, Nigeria’s FinTech sector attracted significant capital, including Moove’s $76 million funding round and M-Kopa’s $250 million raise.

    However, with this rapid expansion comes the critical challenge of managing credit risk to maintain liquidity and profitability.

    Credit Management in FinTech: A Crucial Component

    Credit management involves practices designed to mitigate credit losses, a vital aspect for FinTech companies that extend credit to underserved markets. In Nigeria, where traditional credit histories are often lacking, FinTechs rely on alternative data—such as mobile usage, social media behavior, and transaction histories—to assess creditworthiness. These alternative credit scoring models are crucial for minimizing defaults, maintaining a healthy loan portfolio, and ensuring liquidity.

    Liquidity: The Lifeblood of FinTech Operations

    Liquidity, the ability to meet short-term obligations, is essential for FinTech companies. Maintaining sufficient liquidity allows these firms to fund new loans, support operations, and comply with regulatory requirements, all of which are critical for sustaining business growth.

    Impact of Credit Management on Liquidity

    1.    Accurate Risk Assessment:
    A robust credit management system that accurately assesses risk helps FinTech companies reduce the incidence of non-performing loans (NPLs). Lower NPLs mean more cash is available to meet operational needs, thus enhancing liquidity. By utilizing advanced data analytics and machine learning models, FinTech companies can refine their credit assessment processes, reducing the risk of extending credit to high-risk borrowers.

    2.    Optimized Credit Terms:
    The structuring of credit terms—such as the length of the repayment period, interest rates, and repayment schedules—directly affects liquidity. Offering shorter-term loans with regular repayment schedules can improve cash flow, ensuring that the company has sufficient funds to reinvest or meet other financial obligations.

    3.    Efficient Collections Process:
    Implementing efficient collections strategies, such as automated reminders and proactive follow-ups, ensures that repayments are made on time, thereby maintaining a steady cash inflow. This is particularly important in a market like Nigeria, where economic volatility can impact borrowers’ ability to repay loans.

    Profitability: The Goal of Sustainable Growth

    Profitability is the ultimate measure of a FinTech’s success. It is determined by the company’s ability to generate more revenue than its expenses, including the cost of managing credit risk. Effective credit management directly impacts profitability by minimizing losses due to defaults and optimizing the revenue generated from lending activities.

    Impact of Credit Management on Profitability

    1.    Revenue Optimization:
    Proper credit risk management allows FinTechs to set competitive interest rates that attract borrowers while covering the risk of default. Despite a general decline in investment, with Nigerian and other African startups expected to face a $1.5 billion shortfall from 2022, FinTechs can still optimize revenue by segmenting borrowers based on risk profiles and adjusting interest rates accordingly.

    2.    Cost Efficiency:
    Technology-driven credit management strategies reduce operational costs associated with loan processing, risk assessment, and collections. The decrease in venture capital funding, which fell from $63.2 billion in H2 2022 to $52.4 billion in H1 2023 globally, underscores the importance of cost efficiency. By minimizing defaults, FinTechs also reduce the need for provisioning for bad debts, boosting profitability.

    3.    Portfolio Quality:
    Maintaining a high-quality loan portfolio with low default rates ensures that the majority of the interest income is realized as profit. A strong portfolio also enhances investor confidence, making it easier for FinTech companies to raise capital at favorable terms, further supporting profitability.

    Challenges and Opportunities

    Regulatory Landscape:

    The Nigerian regulatory environment for FinTech companies is still evolving. While the Central Bank of Nigeria (CBN) has introduced guidelines to promote responsible lending practices, regulatory uncertainty remains a challenge. Adhering to these regulations can increase operational costs, impacting both liquidity and profitability. However, it also presents an opportunity for FinTech companies to differentiate themselves by demonstrating strong governance and compliance.

    Economic Volatility:

    Nigeria’s economic environment, characterized by inflation, currency fluctuations, and inconsistent growth, poses significant challenges for credit management. FinTech companies must develop flexible strategies that can adapt to changing economic conditions, such as dynamic credit scoring models that account for macroeconomic indicators.

    Technological Innovation:

    The use of technology, particularly in data analytics and machine learning, presents significant opportunities for improving credit management. By continuously refining credit models and adopting real-time monitoring tools, FinTech companies can better manage credit risk, thereby enhancing both liquidity and profitability.

    Conclusion

    Credit management strategies are pivotal in shaping the financial health of FinTech companies in Nigeria. Effective management enhances liquidity by reducing non-performing loans and optimizing cash flow, while supporting profitability through revenue optimization and cost efficiency. Despite a challenging funding environment, with a 54% decline in African startup funding and increased scrutiny from investors, FinTechs that invest in robust credit management systems are better positioned to navigate market challenges and achieve sustainable growth.

    At Stransact, we specialize in providing comprehensive services to support FinTechs in managing their books, assessing risks, and offering insights for business sustainability. As the industry evolves, our expertise can help you adapt to financial pressures and maintain a strong financial foundation.

     

    Written by:

    Esther Yakubu

    Audit Consultant

  • Our Journey to the CBD: A Milestone in Stransact’s Growth

    Our Journey to the CBD: A Milestone in Stransact’s Growth

    In 2009, Stransact Chartered Accountants began its journey in a modest apartment at Mende, Maryland, Lagos, with a vision of delivering top-tier professional services to clients across Nigeria.

    As we approach the end of our second decade, we are excited to announce a significant milestone in our firm’s evolution—our move to the Central Business District (CBD) at 11B, Oko Awo street, Victoria Island, Lagos.

    Reflecting on Our Growth

    From our humble beginnings, Stransact has experienced consistent growth year after year, mirroring one of our core values—continuous development. This move is not just about changing locations; it is a testament to the achievements we’ve realized in recent years. The growth we’ve seen has not only expanded our services but also demanded a space that reflects our ambition and the future we envision for our firm.

    Why the Move to Victoria Island?

    The decision to relocate to Victoria Island was driven by both challenges and opportunities. As a firm committed to providing exceptional service, we recognized the need to position ourselves closer to key industry stakeholders and business giants. The Central Business District of Lagos is the heart of the nation’s financial and commercial activity, and being at the center allows us to better serve our clients and empower them for the future.

    Our new location enhances our ability to connect with industry leaders, providing us with immediate access to insights that are critical to our clients’ success. The proximity to a concentrated hub of business activity will allow us to foster stronger relationships, anticipate industry trends, and deliver solutions that are both timely and impactful.

    Moreover, the move places us in a prime location for business, enabling us to support our firm’s impressive growth and steady expansion. The new office is equipped with upgraded conference facilities, advanced technology, and additional space to accommodate our growing team. This environment will foster better collaboration and innovation, which are crucial as we continue to expand our services and clientele.

    Aligning with Our Global Vision

    As the correspondent firm of RSM International in Nigeria, our affiliation with a global brand compels us to operate on a global standard. This move is a strategic step towards becoming a global brand and an industry leader. By positioning ourselves in a central, accessible location, we are better equipped to serve industry leaders and provide insights that empower our clients to thrive in a rapidly changing business landscape.

    Stransact, now in its 16th year of operation, will leverage this new space to provide expanded services and facilitate both internal and external collaboration. The modern, aesthetic design of our office is not just about appearance—it reflects our commitment to growth, innovation, and the continuous improvement of our services.

    Enhancing Client Service

    For a professional services firm, being in a prime area like Victoria Island is more than just a prestigious address—it’s a strategic advantage. The Central Business District is where major decisions are made, where business leaders converge, and where the pulse of the economy is felt most strongly. By situating our firm in this dynamic environment, we enhance our ability to stay at the forefront of industry developments, respond swiftly to client needs, and offer solutions that are informed by the latest market trends.

    Looking Ahead

    This move is perfectly aligned with our long-term plan to become a global brand. As our Managing Partner, Eben Joels, aptly stated, “We’re truly happy and excited to relocate to our new office space in Victoria Island. More than anything, this move represents our continued ironclad commitment to serving our clients and helping them foster business growth through our technology-supported financial expertise and experience-backed business consulting services.”

    He further emphasized, “The move stems from our unprecedented growth in the last year and will enable us to maintain closer contact with our customers. Besides, our new corporate headquarters captures the essence of who and what we are as a brand.”

    A Strategic Future

    As we inch towards our second decade in business, Stransact Chartered Accountants remains focused on serving companies and organizations of all sizes. Our plans include expanding our market presence in key sectors such as energy, mining and industries, essential services, technology, media, telecommunications, manufacturing, retail, financial services, government, and public services. Additionally, we remain committed to mentoring the next generation of professionals who will carry our legacy forward.

    This move to Victoria Island is more than just a change of address; it’s a strategic step forward in our journey of growth, innovation, and global impact. We look forward to continuing our mission of empowering our clients to take charge of change and achieve their business goals.

  • Are the Potential Rewards of High Debt Worth the Risks for Your Business?

    Are the Potential Rewards of High Debt Worth the Risks for Your Business?

    In the dynamic world of business and finance, companies often leverage debt to fuel their growth, expand operations, and invest in new opportunities. While this strategy can yield substantial rewards, it also comes with significant risks.

    Highly geared companies, those with a high level of debt relative to their equity, are particularly vulnerable to various financial and economic pressures. This article delves into the vulnerabilities faced by highly geared companies, exploring the factors that contribute to their precarious positions and the potential consequences of their high leverage.

    Understanding Financial Gearing

    Financial gearing, or leverage, refers to the ratio of a company’s debt to its equity. A highly geared company has a large proportion of debt compared to its equity. This can amplify returns during periods of growth, as the company can invest more than it could with equity alone. However, it also means that the company must meet regular debt repayments, regardless of its financial performance.

    The Double-Edged Sword of Leverage

    Amplified Returns and Risks:

    • Positive Side: When business is booming, the returns on investments financed through debt can significantly exceed the cost of borrowing. This leads to higher profits and potentially greater shareholder value.
    • Negative Side: During economic downturns or periods of poor performance, the fixed costs of debt repayments can quickly erode profits. If revenues decline, the company may struggle to meet its debt obligations, leading to financial distress.

    Interest Rate Sensitivity: 

    Highly geared companies are particularly sensitive to changes in interest rates. An increase in interest rates can lead to higher borrowing costs, squeezing margins and reducing profitability. This is especially problematic for companies with variable-rate debt, where interest payments can fluctuate with market rates.

    Cash Flow Pressures:

    Maintaining sufficient cash flow to cover debt repayments is crucial for highly geared companies. Any disruption to cash flow, such as a decline in sales, increased operating costs, or delayed payments from customers, can jeopardize the company’s ability to service its debt.

    Vulnerabilities in Economic Downturns

    During economic downturns, highly geared companies face heightened risks. Reduced consumer spending, lower demand for products and services, and tighter credit conditions can all impact their financial stability. The following factors exacerbate their vulnerabilities:

    Decreased Revenue:

    Economic slowdowns often result in decreased revenue for businesses. For highly geared companies, this can be particularly damaging, as they still need to make regular debt repayments despite reduced income.

    Credit Market Tightening:

    In times of economic uncertainty, lenders may become more risk-averse, tightening credit conditions and making it harder for companies to refinance existing debt or secure new financing. This can lead to liquidity issues and increase the risk of default.

    Asset Devaluation:

    Economic downturns can lead to a devaluation of assets, particularly those used as collateral for loans. This can trigger margin calls or demands for additional collateral, further straining the company’s financial resources.

    Long-Term Consequences

    The long-term consequences of high gearing can be severe. Companies that are unable to manage their debt effectively may face insolvency, bankruptcy, or forced restructuring. Even if they avoid these outcomes, the need to prioritize debt repayments can limit their ability to invest in growth opportunities, innovate, and compete effectively in the market.

    Mitigating Risks

    To mitigate the risks associated with high gearing, companies can adopt several strategies:

    Diversified Financing:

    Diversifying sources of financing, including equity and long-term debt, can reduce reliance on short-term borrowing and provide more stability.

    Prudent Debt Management:

    Implementing robust debt management practices, such as regular monitoring of debt levels, interest rates, and repayment schedules, can help companies stay on top of their obligations.

    Strong Cash Flow Management:

    Maintaining healthy cash flow through efficient operations, effective receivables management, and cost control is critical for meeting debt obligations.

    Contingency Planning:

    Developing contingency plans for economic downturns, including maintaining cash reserves and flexible financing arrangements, can provide a buffer against financial shocks.

    Retained earnings: 

    Instead of relying on debt financing, companies can use their retained earnings to finance operations and investments. This approach reduces dependency on external debt and interest payments, allowing for more sustainable growth and financial flexibility.

    Conclusion

    While leveraging debt can offer significant growth opportunities, it also exposes companies to substantial risks. Highly geared companies must navigate a delicate balance between maximizing returns and managing vulnerabilities.

    By understanding the risks and implementing sound financial practices, companies can mitigate the dangers of high gearing and position themselves for long-term success.

  • Should You Be Worried About Multinationals Leaving Nigeria? Eben Joels Weighs In

    Should You Be Worried About Multinationals Leaving Nigeria? Eben Joels Weighs In

    Eben Joels, Managing Partner, of Stransact Chartered Accountants in this interview with Akanbi Festus and Adedayo Adejobi, spoke on wide-ranging issues including why the federal government should be worried about the exit of multinationals from Nigeria, banks recapitalisation and the role of the CBN, how to mitigate inflation rates, and why multiplicity of taxes and other levies across the subnational makes the whole ideal and idea of ease of doing business a mirage, among others. Excerpts

    The inflation rate, almost at 40 per cent, has practically affected the standard of living with the excruciating cost of goods and services. What can be done to mitigate this?

    A multifaceted approach is necessary. Tighter monetary policies to curb excessive money supply have not worked. Raising interest rates and increasing reserve requirements for banks have also not worked. I believe the government should focus on stabilizing the exchange rate by boosting foreign reserves and reducing dependency on imports. This is the time to strengthen the agricultural sector through subsidies and support programs to improve local food production so that we can look forward to reduced food prices.

    On the fiscal policy front, the Nigerian government should be more efficient in public spending and curb wastage.  Investing in infrastructure, particularly in transportation and energy, can lower the cost of doing business and reduce the prices of goods and services. Implementing social safety nets and targeted subsidies for essential goods can help alleviate the immediate burden on low-income households. Encouraging competition in key sectors, like telecommunications and energy, can also drive down prices through market forces. Fostering an environment that supports local manufacturing will create jobs and boost incomes.

    With the state of infrastructure near comatose, Nigeria is forever grappling with power outages and other intractable problems in different areas. How much does the government need to invest in infrastructure to set the country on the path of progressive growth and socioeconomic development?

    The government needs to make substantial investments in infrastructure. Estimates suggest that Nigeria requires approximately $3 trillion in infrastructure investments over the next 30 years to bridge the existing gaps and support its growing population. Immediate priorities should include significant allocations towards the power sector to resolve the chronic power outages that stifle business operations and daily life. Investment in renewable energy sources, upgrading the national grid, and expanding electricity access can transform the energy landscape, fostering industrial growth and enhancing the quality of life.

    In addition to power, the government must prioritize investments in transportation, healthcare, and education infrastructure. Modernising and expanding the road network, railways, and ports will improve connectivity, reduce transportation costs, and enhance trade efficiency. Similarly, upgrading healthcare facilities and educational institutions is crucial for building a healthy and skilled workforce. Public-private partnerships (PPPs) can play a vital role in mobilizing the required capital and ensuring efficient project execution. By committing to comprehensive infrastructure development, Nigeria can create a more conducive environment for economic activities, attract foreign investment, and achieve sustained socioeconomic progress.

     

    Read More: Tax Incentive & Private Equity Growth

     

    The organised labour in Nigeria called a strike recently and they have reduced their minimum wage demand to N250,000 per month while the Federal Government has offered N60,000, what do you think the minimum wage should be?

    Determining an appropriate minimum wage in Nigeria requires balancing the needs of workers with the economic realities of businesses and the government. Given the significant gap between the organized labour’s demand of N250,000 per month and the Federal Government’s offer of N60,000, a middle ground must be sought. A reasonable minimum wage should consider the current inflation rate, cost of living, and the need to sustain businesses without causing undue financial strain.  A new minimum wage is useless if it is not accompanied by policies aimed at boosting economic growth and productivity, which can support higher wages in the long term. Implementing measures to reduce inflation, such as stabilizing the exchange rate and improving domestic production, can help sustain wage increases. Additionally, enhancing social services, such as healthcare and education, can reduce the overall financial burden on workers. By adopting a holistic approach that includes a fair minimum wage and supportive economic policies, Nigeria can work towards a more equitable and sustainable economic environment for its workforce.

    Fresh Graduates in Nigeria continue to complain about a lack of opportunities, and that you need to know some highly placed person to get a job, what do you think we can do as a country to drive job growth for young people?

    To drive job growth for young people in Nigeria, it is essential to create an enabling environment that fosters entrepreneurship and supports small and medium-sized enterprises (SMEs).  We have a society where we worship big men without paying attention to their source of wealth. We define success as having a lot of cash in your bank account irrespective of whether that cash is from a criminal enterprise. Therefore the emphasis for many young people today is how to make quick money. It is not so much as to develop a skill to sell.  For this reason, we produce a ton of unemployable people. People with the wrong values.

    I still believe that there is always room for merit. For example, we are a top destination for the best-graduating students of most Universities around us and you do not need to know anyone to work with us. You only need to be competent and be armed with the right mindset- a continuous learning mindset, and of course, the right values.

     

    Read More: New Withholding Tax Regulations Explained

     

    Diageo, owner of Guinness Plc, is pulling out of Nigeria and has sold its 58% equity in the business to Singapore-based Tolaram. What is your thought on this, and what does it portend for the immediate future?

    Diageo’s decision to withdraw from Nigeria and sell its stake in Guinness Plc to Tolaram indicates that it sees better opportunities elsewhere or perceives challenges in the Nigerian market that outweigh the potential benefits. This move might reflect a strategic shift in Diageo’s global portfolio or a reassessment of its investment priorities. Very clearly, Diageo has fashioned a more profitable way to derive income from Nigeria without having to deal with the harsh operating environment for businesses.

    Tolaram Group probably sees this acquisition as an opportunity to solidify its presence in Nigeria. It already operates in Nigeria primarily through its subsidiaries in various industries, such as Dufil Prima Foods Plc, which produces the popular Indomie instant noodles, and the Lekki Deep Sea Port project.

    The acquisition of Diageo’s stake in Guinness PLC indicates that it sees value in the Nigerian market and is willing to invest in it. Tolaram may bring a different perspective and strategy to the table, potentially leading to changes in how Guinness PLC operates in Nigeria. It could also signal increased competition or consolidation within the Nigerian beverage industry. While Diageo’s exit raises questions about the attractiveness of the Nigerian market for multinational companies, Tolaram’s investment suggests continued interest and opportunities for growth in the region.

    Should we be worried about the exit of multinationals from Nigeria?

    The departure of multinational companies from any country should ordinarily raise concerns. Such exits can impact employment, economic growth, and overall stability.  These multinationals are some of the few places where you can find best practices in the recruitment, training, and compensation of personnel. They are some of the few companies where graft is not enshrined. Many Nigerian-owned businesses are not committed to best practices. However, it’s essential to understand the reasons behind these exits. They are driven by various factors such as economic challenges, regulatory issues, and security concerns, leading to strategic business decisions by the companies to exit the market.

    Addressing these underlying issues could potentially attract and retain multinational investments. The government should focus its efforts on improving the business environment, enhancing security, providing regulatory clarity, and promoting economic diversification, which can mitigate the negative effects of multinational exits and encourage future investments.

     

    Download our – Comprehensive Review: Deduction of Tax at Source (Withholding) Regulations 2024

     

    The new recapitalisation for banks has been hotly debated because of some of the clauses. Do you think the Central Bank of Nigeria means well for the banking sector?

    Overall, whether the CBN means well for the banking sector depends on the balance it strikes between strengthening financial stability, promoting competitiveness, and ensuring that the needs of the economy, businesses, and consumers are adequately addressed. Open dialogue and collaboration between the CBN, banks, regulators, and other stakeholders are crucial in navigating these challenges and achieving positive outcomes for the banking sector and the broader economy. Overall, I will be hopeful. The last round of capitalization spurred the capital market and boosted the economy. I hope this will be the same result.

    Most banks still have a high percentage of Non-Performing Loans in their books despite measures taken by the CBN to reduce this. What can be done to make the banks solvent, so that they will not have to carry too much debt burden?

    To address the persistent challenge of high non-performing loans (NPLs) in Nigerian banks, a multi-faceted approach is necessary. Firstly, banks should prioritise proactive risk management practices, conduct thorough credit assessments, and implement stringent monitoring mechanisms to identify potential defaults early on. This involves restructuring loans for struggling borrowers and adopting robust recovery strategies to mitigate losses effectively.

    Simultaneously, regulatory bodies like the Central Bank of Nigeria (CBN) should enhance supervision and enforcement of prudential regulations, ensuring that banks maintain adequate capital levels to absorb potential losses and remain resilient in the face of economic volatility. Additionally, improving credit information systems and promoting economic diversification away from volatile sectors can reduce systemic risks and enhance banks’ stability, ultimately mitigating their debt burden and fostering a healthier banking sector. The CBN should above all mandate regular stress testing. Mandatory reporting of impairment indicators regularly should be considered.

    Do you think Heritage Bank’s licence revocation is well-timed? Some think it might trigger a run on other banks, and drive panic

    The timing of Heritage Bank’s license revocation by the Central Bank of Nigeria (CBN) is a critical decision with potential ripple effects. While the CBN likely has specific reasons for taking such action, including concerns about the bank’s financial stability or regulatory compliance, the timing must consider its broader impact on the banking sector’s stability.

    Revoking a bank’s license can indeed trigger concerns among depositors and investors, potentially leading to a run on other banks and inducing panic in the financial system. Therefore, the CBN must carefully manage communication and ensure transparency to mitigate any spillover effects and restore confidence in the banking sector. Additionally, the CBN should continue to provide reassurance about its commitment to maintaining financial stability and supporting affected depositors to prevent widespread panic and systemic disruptions.

    The Central Bank of Nigeria (CBN) has dissolved the Board and Management of Union Bank, Keystone Bank, and Polaris Bank. What is the difference between the case of these banks and the case of Heritage Bank?

    The CBN appointed new management teams to stabilise these banks and safeguard the interests of stakeholders. In contrast, Heritage Bank has not faced a similar intervention from the CBN rather, its license was revoked. I suspect this is because the degree of financial health and governance in Heritage Bank may be such that it cannot be salvaged.

     

    Read More: Why Nigerian Taxpayers Suffer Low Tax Morale — Victor Athe

     

    The Naira has faced the toughest battle since it became a legal tender in Nigeria some four decades ago. The value has been completely eroded with its unprecedented crash in the foreign exchange market. Do you think the CBN is doing enough to hedge the Naira against the dollar so far, with the recovery strategy? And, can these efforts be sustained?

    The Central Bank of Nigeria (CBN) has implemented several measures to hedge the Naira against the dollar, including interventions in the foreign exchange market, adjusting the monetary policy rate, and introducing various forex management policies. Despite these efforts, the Naira has continued to depreciate significantly, indicating that the current strategies might not be sufficient to combat the underlying issues affecting the currency’s value. Structural economic challenges, such as dependence on oil exports, limited foreign reserves, and a high import bill, especially the continued importation of petroleum products continue to exert pressure on the Naira.

    Stabilising the Naira will require a multifaceted approach that goes beyond short-term interventions. The CBN must focus on diversifying the economy, enhancing domestic production, and improving the overall business environment to reduce reliance on foreign exchange. Additionally, policy consistency and transparent communication are essential to restore confidence among investors and market participants.

    Among the challenges bedevilling businesses in Nigeria, is the multiplicity of taxes and other levies across the subnational making the whole ideal and idea of ease of doing business a mirage. What concrete measures can be put in place to ease the affairs of businesses to boost productivity and efficiency within the business ecosystem in the country?

    To address the challenge of the multiplicity of taxes and levies that hinder businesses in Nigeria, a comprehensive tax reform is necessary. The government should streamline the tax system by consolidating various taxes and levies into a single, simplified tax regime. This can be achieved by implementing a harmonized tax policy across federal, state, and local levels to eliminate overlapping and redundant taxes. Establishing a centralized tax collection system would reduce administrative burdens on businesses, making compliance easier and more efficient. Additionally, providing clear guidelines and ensuring transparency in tax policies can help businesses better understand their tax obligations and plan accordingly.

    Furthermore, the government can enhance the ease of doing business by improving regulatory frameworks and reducing bureaucratic red tape. By creating a more business-friendly environment, Nigeria can stimulate productivity, attract investment, and ultimately drive economic growth.

    There is much talk about Tax Reform in Nigeria. If the current President will stay in office for eight years, what do you think he should focus his tax reforms on?

    If President Bola Tinubu remains in office for eight years, his tax reform efforts in Nigeria should focus on broadening the tax base and improving tax collection efficiency while crashing the tax rate. Broadening the tax base should mean having a tax system that requires every Nigerian to file a tax return with the centre. I will propose a Federal Income tax for individuals at a nominal rate and cause the states to share data with the Federal Inland Revenue Service.  This will make the State Internal Revenue Services more efficient. I will eliminate all other taxes masked as levies for specific causes such as Education tax, Police Trust Fund, NITDA levy, etc.  All these levies have taken our corporate tax rate to be one of the highest in the World.  For example, Russia just increased its corporate tax rate to 25%.  That is a country operating a war economy.  Yet ours is about 34%.  These special causes taxes that I mention are largely used to offset the administrative costs of the bureaucracy they fund or are mostly stolen. I’d rather we have a lower tax rate with a wider tax base.

    There are other radical tax ideas. For example, since Nigeria is a republic, I struggle with the justification for exempting the President and Governors from paying taxes. This is absurd when even in a Monarchy such as the UK where the King and the Prince of Wales are exempt from tax, they chose to voluntarily pay taxes to the state.  If in the largest economy in the world, the United States, the President is not Tax exempt, I see no reason why a relatively poor country such as ours, should exempt certain offices from taxes.

    Finally, I hope the President will be bold enough to implement an Inheritance tax system for Nigeria.  In most advanced countries, there is a big tax – sometimes exceeding 40% on estates when these are passed on. This tax is one of the ways these countries, as capitalist as they are, ensure that there is a redistribution of wealth in some way. The tax is only for the very rich. In the UK the threshold is estates over about GBP325,000.  The system offers large reliefs to anyone who chooses to donate to a charitable non-profit. This is another way to grow the charitable non-profit sector. Imagine if we say anyone inheriting assets worth N5b and above will pay 40% of that to the state or 20% if they donate a certain threshold to a charity.  There are many benefits. But I hope such a system will reduce the incentive to steal humongous amounts and leave them for your heirs.

    Nigeria’s economy, which was said to be the largest in Africa in 2022, is set to slip to the fourth largest in 2024. What is the cause of this, and how can this be reversed?”

    The slip can be attributed to several factors. Persistent issues such as political instability, insecurity, and corruption have significantly hindered economic growth. High inflation rates, depreciating currency, and inadequate infrastructure have also contributed to a challenging business environment. These factors, combined with the slow implementation of economic reforms, have undermined investor confidence and stymied growth across various sectors.

    To reverse this trend, Nigeria must diversify its economy beyond oil dependency by investing in other key sectors like agriculture, technology, and manufacturing. Implementing policies that promote economic stability, reduce corruption, and improve governance is crucial. Strengthening the business environment through infrastructure development, particularly in power and transportation, will attract domestic and foreign investments. Enhancing education and vocational training can build a more skilled workforce, fostering innovation and productivity. By focusing on these areas, Nigeria can create a more resilient economy, capable of sustaining growth and reclaiming its position as Africa’s largest economy.

     

    Source

    ThisDay

  • Comprehensive Review: Deduction of Tax at Source (Withholding) Regulations 2024

    Comprehensive Review: Deduction of Tax at Source (Withholding) Regulations 2024

    The Deduction of Tax at Source Withholding Tax (WHT) Regulations 2024 released on July 1, 2024, by the office of the Honourable Minister of Finance and Coordinating Minister of the Economy, has now been gazetted on October 2, 2024.

    The regulations have an effective date of 1 January 2025 and supersede all previous regulations concerning deductions at source or Withholding Tax.  It also simplified areas of complexity in the old regulations as well as the issue of reduced rates for industries with low margins have now been adequately addressed by the new regulations.

    Also, the regulations are designed to promote easier tax compliance and administration, reduce arbitrage between corporate and non-corporate business structures, and address emerging issues, while also aligning with global best practices.

    What to Know about Withholding Tax (WHT)

    Withholding Tax (WHT) is a tax deducted at source from payments made to a taxable person for the supply of goods and services or any other eligible transaction involving both passive and non-passive income.  It is not a separate form of tax but an advance payment of income tax.

    WHT can be used as a tax credit to offset any subsequent income tax liability.  However, in certain cases, the WHT deducted at source serves as the final tax in the hands of the recipients. WHT was designed to curb tax evasion by widening the tax net, which in the long run improves overall tax revenue generation.

    Key Updates on the New Withholding Tax Regulations

    Below are the notable changes brought by the “Deduction of Tax at Source (Withholding) Regulations 2024” to address the challenges faced by taxpayers and to promote tax compliance:

    Tax to be deducted at source

    • ‘The new Regulations’ has expanded the list of eligible transactions liable to WHT, providing simplified and clear descriptions.  There have also been reduced rates to address low-margin industries.  Additionally, if a double tax treaty (DTT) duly ratified by the National Assembly exists between Nigeria and any other country, the reduced rates specified in the treaty will apply to eligible recipients who are residents of that treaty country.
    • If recipients of payments for goods, services, or other eligible non-passive income transactions do not have a Tax Identification Number (TIN), the amount to be deducted at source shall be twice the specified rate. This is a drive to widen the tax net.

    Exemption of small businesses from Withholding Tax compliance.

    The new Regulations exempt “small companies” (defined under the Companies Income Tax Act as having a gross turnover of N25 million or less) and unincorporated business entities with the same turnover threshold from the requirement to deduct tax at source from any transactions, provided the supplier is registered for tax (i.e. has a Valid TIN) and the transaction value is N2 million or less during the calendar month.

    This exemption encourages small companies and unincorporated business entities to maximize their working capital without the burden of tax compliance.  Remember, WHT deductions will not apply to transactions of small companies, since their profits are exempted from income tax.

    Deduction at Source Obligations (i.e. When to deduct?)

    • For transactions between independent parties, the obligation to deduct at source shall arise at the earliest of when payment is made or the amount due is otherwise settled (i.e. deduction is solely on a “cash basis”).
    • For transactions between related parties, a deduction shall be made at the time of payment or when the liability is recognized, whichever is earlier.
    • Also, deductions on any payment to a non-resident person shall be the final tax except such income is still subject to any other further tax by reason of a taxable presence in Nigeria.

    Deduction to be Receipted

    • The Regulations mandate that when an entity deducts tax from a supplier’s invoice and remits it to the relevant tax authority, it must provide the supplier with a receipt for tax deducted at source.
    • This receipt should include all relevant information about the supplier, such as their name, address, Tax Identification Number, National Identification Number (for individuals), or RC number (for companies), nature of the transactions, the gross amount payable or settled, the amount deducted, and the month of the transaction.
    • The person from whom the deduction has been made (i.e. the beneficiary) may submit the receipt to the relevant tax authority as evidence of the amount deducted for the purpose of claiming tax credit irrespective of whether the amount has been remitted or not.

    Offences

    The regulations also specify the penalties for those who either fail to withhold tax at source (WHT) or, after withholding, fail to remit the deducted amount to the appropriate tax authority. The penalties include:

    • Failure to deduct the required amount attracts an administrative penalty.
    • Failure to remit the amount already deducted attracts an administrative penalty, and annual interest.

    Transactions Exempt from WHT deductions:

    The following transactions are exempt from withholding tax deductions as stipulated by the regulations.

    • Compensating payments under a Registered Securities Lending Transaction
    • Any distribution or dividend payment to Real Estate Investment Trust or Real Estate Investment Company
    • Across-the-counter- transactions: This refers to “any transaction carried out between parties without an established contractual relationship or any prior formal contracting arrangement and in which payment is made instantly in cash or on the spot via electronic means”. (i.e. transactions where there is no formal agreement or contract).
    • Interest and fees paid to a Nigerian bank by way of direct debit of the funds domiciled with the bank
    • Goods manufactured or materials produced by the person making the supply: This involves the assembling of a final product or the making of a part or component of a product utilizing raw materials or other inputs including labor and production overhead.  This also includes the production of energy, including electricity, gas, and petroleum products.
    • Imported goods where the non-resident suppliers do not have an Income tax presence in Nigeria
    • Any payment in respect of income or profit which exempt from tax
    • Out-of-pocket expense that is normally expected to be incurred directly by the supplier and is distinguishable from the contract fees.
    • Insurance Premium
    • Telephone charges, internet data and airline tickets.
    • Supply of Liquefied Petroleum Gas (LPG), Compressed Natural Gas (CNG), Premium Motor Spirits (PMS), Automotive Gas Oil (AGO), Low Pour Fuel Oil (LPFO), Dual Purpose Kerosene (DPK) and JET-A1.
    • Commission retained by a broker from monies collected on behalf of the principal in line with the industry norm for such transactions
    • Winnings from games of chance or reality shows with contents designed exclusively to promote entrepreneurship, academics, technological or scientific innovation.

    Timeline for Remittance

    • In case of payment to the Federal Inland Revenue Service (FIRS), not later than the 21st day of the month following the month of payment.
    • In case of payment to the State Internal Revenue Service (SIRS), with respect to Capital Gains Tax and Pay-As-You-Earn, not later than the 10th day of the month following the month of payment, while with respect to any other deduction, not later than the 30th day of the month following the month of payment.

     

    Download summarised fact sheet

    Legal Implications of the Gazetted Regulations

    The earlier version of the WHT regulations that was initially published stated 1 July 2024 as its commencement date. A lot of taxpayers had since commenced implementation of the regulations. However, the recently gazetted version states that implementation of the regulations shall be effective from 1 January 2025. It also stated in the new Regulations that the relevant tax authority shall, with the permission of the Minister, issue guidelines for the effective implementation of the Regulations.

    The Federal Inland Revenue Service (FIRS) subsequently issued a public notice stating that the new regulations shall take effect from 1 January 2025, while the Companies Income Tax (Rates, etc of Taxes Deducted at Source (Withholding Tax) Regulations (old CIT WHT Regime) shall continue up until 31 December 2024. However, it is important to note that this FIRS notice only affects corporate taxpayers. All other unincorporated business entities, whose taxes are administered by their respective State Revenue Authorities, are not affected by this FIRS notice.

    Nonetheless, corporate taxpayers who began complying with the new regulations from July may be concerned about whether their actions were lawful or whether they have inadvertently breached the regulations.

    Did Taxpayers Breach the Law by Complying Early?

    No, taxpayers who began complying with the new regulations from July were acting within the confines of the law, based on the information available at the time. While the gazetted version has now shifted the official start date to January 2025, any deductions made before it was published in the official gazette are not considered unlawful.

    We understand that tax compliance can be complex, especially with shifting regulatory landscapes, but rest assured that your early compliance efforts were entirely legitimate. For more detailed information on why early compliance with ungazetted regulations does not constitute a breach of law, we encourage you to read our in-depth article on this topic: The Legal Propriety of Ungazetted Acts or Regulations in Nigeria.

    Next Steps for Taxpayers

    Now that the gazetted version is officially in place and the FIRS has clarified the start date for corporate taxpayers, we advise all taxpayers to discontinue the use of the new regulations and revert to the previous withholding tax regulations until 1st January 2025. This delay provides additional time to adjust and prepare for the new WHT regulations without fear of legal consequences.

     

    Written By:

    Ajaba Okachi – Tax Consultant

    Similoluwa Awodeyi – Tax Consultant

    Victor Athe – Partner, Tax & Strategy Services

  • Nigeria’s New Withholding Tax Regulations Explained

    Nigeria’s New Withholding Tax Regulations Explained

    In an exclusive interview with The Nation newspaper’s Ibrahim Apekhade Yusuf, Victor Athe, partner at Stransact (Chartered Accountants), correspondent firm of RSM in Nigeria, shared insights on the federal government’s latest withholding tax policy. He discussed the advantages and disadvantages of the new regime, providing a comprehensive overview of its implications for taxpayers and businesses.

    Who is exempted from withholding tax?

    The original idea behind the introduction of the WHT system in Nigeria, as early as 1977,was to widen the tax net by capturing details of entities that were then engaged in business transactions, without being formally registered for tax compliance. The implication of being unregistered for tax compliance purpose, is that these entities would continue to do business and earn income, but would never pay their fair share of income taxes to the government, whilst enjoying benefits from the resources contributed by the registered taxpayers.

    However, with the Withholding Tax system in place, the invoices issued by an entity for goods or services sold would have to be subjected to tax deduction at a specified rate. A credit note is then issued in favour of the tax deduction suffered, such that the taxpayer can then apply the Withholding Tax credit note against the final income tax payable when filing its income tax returns for the relevant year. This is why Withholding Tax is referred to as an advance payment of income tax. It therefore follows that if an entity is not liable to pay income tax, perhaps due to some tax incentive that confers exemption on its income, its sales invoices should never be subject to Withholding Tax deductions. This is currently the case for Non-Resident Companies that have no income tax presence and are not rendering Technical, Management, Consultancy or Professional services to Nigerian customers, Small companies (i.e. those having gross turnover of N25 million or less), Companies that currently enjoy the Pioneer Status Incentive and other category of Nigerian companies that are outrightly exempted from income tax payment.

    The Federal Ministry of Finance recently published the new “Deductions at Source (Withholding) Regulations 2024” which now replaces the previous Withholding Tax Regulations.  The new Regulations now exempts small companies and unincorporated business entities (with the same turnover threshold as small companies) from the requirement to deduct tax at source provided the supplier is registered for tax and the transaction value is N2 million or less.

    The debacle over the interpretation of the term “Sales in the ordinary Course of Business” has now also been effectively put to rest.  The new Regulations now specifically exempts “Across -the-counter- transactions” (defined as transactions involving no established contractual relationship) from deductions at source.

    Is withholding tax any different from VAT?

    Withholding Tax is an advance income tax deduction. On the other hand, Value Added Tax is tax charged on the supply of goods and services. They are both governed by entirely different laws and regulations. Withholding Tax is principally governed by the Companies Income Tax Act (CITA), CITA Withholding Tax Regulations, Personal Income Tax Act (PITA) & PITA Withholding Tax Regulations, while VAT is governed by the VAT Act.

    There are instances in which some entities like oil and gas companies, some Telcos (specifically MTN & Airtel) and Deposit Money Banks are statutorily required to withhold both Withholding Tax and VAT from invoices issued by suppliers before making net payments to them. In such situations, some suppliers would typically misunderstand and bemoan such multiple tax deductions.  However, it should be noted that while the Withholding Tax deduction would eventually be credited against the final income tax payable by the supplier, the VAT charged on the supplier’s invoice would be remitted to a separate Federal Government VAT Account on behalf of the supplier.

    Who really benefits from withholding taxes?

    When an entity’s invoice suffers Withholding Tax deduction, credits would typically be issued to that entity which it would then apply against its eventual income tax payment when filing its Corporate Income Tax returns for the year. What this means, is that Withholding Tax, and should not constitute a different source of revenue for the government, knowing that it is merely part of an entity’s income tax that has been deducted in advance.

    Withholding Tax deduction is typically applied directly on each of the supplier’s sales invoices, whilst the eventual income tax payable by the supplier is computed as 20-30% of its Taxable Profit for the year (i.e. Revenue less all expenses plus/minus all relevant tax adjustments, less capital allowances claimable).  Now, where the total Withholding Tax deduction suffered on an entity’s sales invoices, all year round, is higher than its Income Tax payable for the year, it would give rise to an excess Withholding Tax credit situation. This would usually occur where the sales invoices are not properly structured to show the ‘profit component’ separate from the cost/reimbursement components, in which case, Withholding Tax would have to be applied on the entire invoice amount, rather than just the specific profit component. Since Withholding Tax is an advance payment of income tax, it should be applied on a base that constitutes the profit component of each of the sales invoices, and not the entire invoice amounts (which translate to the revenue reported for the year).

    A lot of low-margin businesses are caught in this “Excess Withholding Tax Credits” web, which creates an unfavourable cash-flow situation for them.  The plight of these businesses is further worsened by the consistently deteriorating value of the Naira, which means that the real value of the Withholding Tax credits when they are eventually utilised at a future date would even be further eroded. This constitutes a huge dis-benefit to these taxpayers.

    In a case where an entity continues to have excess Withholding Tax credits, the whole essence of the Withholding Tax system would be defeated, since Withholding Tax is actually meant to be an advance payment of income tax rather than an excess payment above the income tax payable for the year. It is important to get professional help from well-experienced tax advisors, if this happens to be your peculiar situation at the moment.

    Based on hindsight, what’s the projected revenue the country stands to get from the receipt of withholding taxes?

    Improved compliance with Withholding Tax should actually bring about an increase in the number of taxpayers in the tax net. While increased Withholding Tax payment should not actually translate into increased revenue for the government, it can potentially improve collection of major taxes like income tax- corporate, personal and VAT.

    Part of the amendments introduced by the New Withholding Regulations is that where a non-registered entity issues a sales invoice, the Withholding Tax rate to be applied should be double the rate ordinarily applicable. This would potentially drive a lot of businesses currently operating outside the tax net to get registered quickly for tax compliance purposes, since they would not want to suffer the attendant cash-flow implications.

    The new Regulations now also requires that where an entity makes tax deductions from the invoice of a supplier and remits to the relevant tax authority, it should issue the supplier a receipt containing all relevant information of the supplier (name, address, Tax Identification Number, National Identification Number in the case of an individual or RC number in the case of a company, nature of transactions, gross amount payable, amount deducted and month of the transaction). The supplier can use this receipt to claim the income tax credit from its relevant tax authority (whether the entity that made the tax deduction has remitted the amount deducted, or not). The relevant tax authority will impose applicable penalty and interest charges where the tax amounts deducted are not remitted timely.

    Would this not add to multiple taxation, which has rendered almost most businesses prostate?

    The New Withholding Regulations have directly listed a number of laudable exemptions from deductions at source, which include: Interest and fees paid to a Nigerian bank by way of direct debit of the funds domiciled with the bank, Supply of goods/materials by the manufacturer, Imported goods by non-resident supplier without Income tax presence in Nigeria, Insurance Premium, Payment relating to income/profit that is tax-exempt, Reimbursable expenses, Supply of Liquefied Petroleum Gas (LPG), Compressed Natural Gas (CNG), Premium Motor Spirits (PMS), Automotive Gas Oil (AGO), Low Pour Fuel Oil (LPFO), Dual Purpose Kerosene (DPK) and JET-A1, etc.

    The direct exemption of these transactions from deductions at source would further strengthen the cash-flows of the affected businesses (that are mostly characterised by low-margins).  However, this should not be misinterpreted as exemption from income tax obligations. The reduction of the withholding rates for other low-margin businesses like retail and construction are also commendable.

    Furthermore, the new Regulations also specifically states that the reduced Withholding Tax rates, as contained in a Double Tax Treaty between Nigerian and any other country, shall apply to an eligible recipient to the extent that such reduced rates are contained in the relevant Treaty or Protocol duly ratified by the National Assembly. This means the reduced Withholding Tax rates would now be automatically enjoyed by eligible non-residents without them having to write formally to the Federal Inland Revenue Service as previously required.

    Under the new regime of withholding taxes, what’s the possibility of compliance given the penchant by unscrupulous businessmen to cut corners and commit tax avoidance?

    The new Withholding Regulations contain some punitive provisions that aim to directly tackle non-compliance.  For instance, The Regulations provide that where an entity that is not registered for tax issues an invoice for supply of goods or services, the rate of deduction that should be applied should be twice the normal applicable rate.

    The new Regulations also require that an entity that makes tax deductions should issue a receipt to the supplier. The supplier would then be able to claim the tax credit from the relevant tax authority (whether the entity that made the deduction has remitted, or not).  In this instance, the Tax Authority would be required to hold accountable the entity that has deducted and failed to remit the deductions. The tax authority will also impose additional penalty and interest charges.

    The new Regulations further state where an entity fails to make deductions at source from a supplier’s invoice, the entity shall only be liable to payment of just an administrative penalty and one-off annual interest charge (not including the Principal Withholding Tax amount not deducted). This is understandable, since it is expected that the supplier from whom tax deductions were not made, would eventually declare its entire income and file its income tax returns for the relevant year. Therefore, seeking to collect the principal Withholding amount from the entity that failed to deduct at source, would only be tantamount to double taxation. However, where an entity has made the Withholding Tax deduction, and failed to remit, the new regulations require payment of the principal amount deducted, in addition to the administrative penalty and interest charges.

    The Regulations also specifically states that Withholding Tax deductions should not constitute a separate tax or an extra cost. What this means is that, where an entity has paid the full invoice amount to a supplier without deducting Withholding Tax, and then decides to bear the Withholding Tax burden from its own cash-flows, that extra Withholding Tax payment paid, will not be admissible as valid business expenses for income tax purposes. The less onerous approach for an affected taxpayer in this situation would be to either “seek to make the omitted Withholding Tax deductions from future payments to the supplier” or “just make provisions for payment of penalty and interest resulting from the non-deduction.”

    Can digital products fall under withholding taxes too?

    The application of Withholding Tax deductions on digital supplies will depend on the nature of the transaction (whether B2B or B2C). Typically, Business-to-customer (B2C) type of digital supplies would usually not require detailed contracting between both parties before they are made, while most Business-to-Business (B2B) type digital supplies would require detailed contracting that would be tailored to the specific needs of the service recipient.

    Following the definition of “Across-the-counter transactions” in the new Withholding Regulations, it then means that B2C-type digital supplies would enjoy exemption from Withholding Tax deductions while B2B supplies involving contracts between both parties will be subject to Withholding Tax deductions.  Where the B2B supplies are from a non-resident entity, the Withholding Tax deducted shall be the final tax, except where the non-resident is involved in other transactions that trigger income tax presence in Nigeria.

  • How Multiplicity Of Taxes, Levies Hinder Businesses In Nigeria

    How Multiplicity Of Taxes, Levies Hinder Businesses In Nigeria

    In this interview with ROLAND OGBONNAIYA of Independent Newspaper, our Managing Partner, Eben Joels, discusses tax reforms in Nigeria, President Bola Tinubu’s one-year administration, and what the federal government must do to put the country on a path of progressive growth and socio-economic development

    Tax reform is widely discussed in Nigeria. What do you think the government should prioritise in terms of tax reform?

    If President Bola Tinubu remains in office for another eight years, his tax reform efforts in Nigeria should prioritise broadening the tax base and improving tax collection efficiency while lowering the tax rate. Broadening the tax base should entail implementing a tax system that requires every Nigerian to file a tax return with the government. I plan to propose a nominal federal income tax for individuals and require states to share data with the Federal Inland Revenue Service. This will increase the efficiency of the state’s Internal Revenue Services. I will eliminate all other taxes disguised as levies for specific purposes, such as the Education Tax, Police Trust Fund, NITDA levy, and so on. All of these levels have resulted in our corporate tax rate being among the highest in the world. For example, Russia recently raised its corporate tax rate to 25%. That is a country with a wartime economy. However, ours is approximately 34%. These special causes taxes I mentioned are primarily used to offset the administrative costs of the bureaucracy they fund, or they are mostly stolen. I would rather have a lower tax rate and a broader tax base.

    There are other radical tax proposals. For example, given that Nigeria is a republic, I am not sure why the President and Governors are exempt from paying taxes. This is absurd, given that even in a monarchy like the United Kingdom, where the King and Prince of Wales are tax-exempt, they choose to voluntarily pay taxes to the state. If the President of the world’s largest economy, the United States, is not tax-exempt, I see no reason for a relatively poor country like ours to exempt certain offices from taxes.

    Finally, I hope the President is brave enough to implement an inheritance tax system in Nigeria. Most advanced countries impose a high tax on estates, sometimes exceeding 40%, when they are passed down. This tax is one way for these capitalist countries to ensure that wealth is redistributed in some way. The tax applies only to the very wealthy. In the United Kingdom, the threshold is estates worth over GBP325,000. The system provides substantial relief to anyone who chooses to donate to a charitable non-profit. This is another way to expand the charitable non-profit sector. Consider this: anyone inheriting assets worth N5 billion or more must pay 40% to the state, or 20% if they donate a certain amount to charity. There are several advantages. However, I hope that such a system reduces the incentive to steal large sums of money and leave them to your heirs.

    Diageo, the owner of Guinness PLC, is exiting Nigeria and selling its 58% stake in the company to Singapore-based Tolaram. What are your thoughts on this, and what does it mean for the immediate future?

    Diageo’s decision to exit Nigeria and sell its stake in Guinness PLC to Tolaram suggests that it sees better opportunities elsewhere or believes that the challenges in the Nigerian market outweigh the potential benefits. This move could indicate a strategic shift in Diageo’s global portfolio or a reassessment of its investment priorities. Diageo has devised a more profitable way to generate revenue in Nigeria without having to deal with the harsh operating environment for businesses.

    Tolaram Group will likely see this acquisition as an opportunity to strengthen its presence in Nigeria. They already have operations in Nigeria, primarily through subsidiaries in various industries, such as Dufil Prima Foods Plc, which manufactures popular Indomie instant noodles, and the Lekki Deep Sea Port project. The acquisition of Diageo’s stake in Guinness PLC demonstrates that they recognise the value of the Nigerian market and are willing to invest in it. Tolaram may bring a new perspective and strategy to the table, which could lead to changes in how Guinness PLC operates in Nigeria. It may also indicate increased competition or consolidation in the Nigerian beverage industry. While Diageo’s exit raises concern about the Nigerian market’s attractiveness to multinational corporations, Tolaram’s investment indicates continued interest and opportunities for growth in the region.

    Kimberly-Clark, an American multinational and baby product manufacturer, Huggies, GlaxoSmithKline Consumer Nigeria Plc, Sanofi-Aventis Nigeria Limited, and Procter & Gamble are among the multinationals that have recently ceased operations in Nigeria, either completely or partially. Some International Oil Companies (IoCs), including Shell, ExxonMobil, and ENI, are rumoured to be actively selling assets to exit Nigeria. Should we be concerned about multinationals’ exit from Nigeria?

    The departure of multinational corporations from any country, particularly those as large as those you mentioned, should normally raise concerns. These exits can have an impact on employment, economic growth, and overall stability. These multinational corporations are among the few places where you can find best practices in employee recruitment, training, and compensation. They are among the few companies where graft is not tolerated. Many Nigerian-owned businesses do not adhere to best practices. However, it is critical to understand the reasons for these exits. They are influenced by a variety of factors, including economic challenges, regulatory issues, and security concerns, which lead to companies making strategic business decisions to exit the market. Addressing these underlying issues may attract and retain multinational investments. The government should prioritise improving the business environment, increasing security, providing regulatory clarity, and promoting economic diversification to mitigate the negative effects of multinational exits and encourage future investments.

    Some of the clauses in the new bank recapitalisation plan have sparked heated debate. Do you think the Central Bank of Nigeria has good intentions for the banking sector?

    Overall, whether the CBN has good intentions for the banking sector is determined by the balance it strikes between strengthening financial stability, promoting competitiveness, and ensuring that the needs of the economy, businesses, and consumers are adequately met. Open dialogue and collaboration among the CBN, banks, regulators, and other stakeholders are critical for navigating these challenges and achieving positive outcomes for the banking sector and the broader economy. Overall, I am hopeful. The previous round of capitalization fueled the capital market and boosted the economy. I hope this yields the same result.

    Despite CBN efforts to reduce non-performing loans, many banks still have a high percentage on their books. What can be done to make banks solvent and reduce their debt burden?

    To address the persistent issue of high non-performing loans (NPLs) in Nigerian banks, a multifaceted approach is required. To begin, banks should prioritise proactive risk management practices, including thorough credit assessments and stringent monitoring mechanisms to detect potential defaults early on. This includes restructuring loans for distressed borrowers and implementing strong recovery strategies to effectively mitigate losses. Simultaneously, regulatory bodies such as the Central Bank of Nigeria (CBN) should strengthen supervision and enforcement of prudential regulations, ensuring that banks have sufficient capital to absorb potential losses and remain resilient in the face of economic volatility. Furthermore, improving credit information systems and encouraging economic diversification away from volatile sectors can reduce systemic risks and improve bank stability, resulting in a lower debt burden and a healthier banking sector. Most importantly, the CBN should require regular stress testing. It is recommended that impairment indicators be reported regularly.

    Do you think Heritage Bank’s licence revocation was timely? Some believe it could spark a run on other banks, causing panic.

    The timing of Heritage Bank’s licence revocation by the Central Bank of Nigeria (CBN) is a critical decision with far-reaching implications. While the CBN’s reasons for taking such action are likely to be specific, such as concerns about the bank’s financial stability or regulatory compliance, the timing must take into account the broader impact on the banking sector’s stability. The revocation of a bank’s licence can raise concerns among depositors and investors, potentially leading to a run on other banks and causing panic in the financial system. As a result, the CBN must carefully manage communication and ensure transparency to mitigate any spillover effects and restore trust in the banking sector. To avoid widespread panic and systemic disruptions, the CBN should continue to reassure affected depositors of its commitment to maintaining financial stability.

    The Central Bank of Nigeria (CBN) has dissolved the boards and management of Union Bank, Keystone Bank, and Polaris Bank. What distinguishes these banks’ cases from that of Heritage Bank?

    The CBN appointed new management teams to stabilise the banks and protect stakeholders’ interests. In contrast, Heritage Bank did not face a similar intervention from the CBN; instead, its licence was revoked. I suspect this is due to Heritage Bank’s poor financial health and governance, which may render it unsalvageable.

    The Naira has faced the most difficult challenges since it became legal tender in Nigeria four decades ago. The value has been completely eroded by the unprecedented drop in the foreign exchange market. Do you think the CBN has done enough to hedge the Naira against the dollar so far with its recovery strategy? And will these efforts be sustainable?

    The Central Bank of Nigeria (CBN) has implemented several measures to hedge the Naira against the dollar, including foreign exchange market interventions, monetary policy rate adjustments, and the implementation of various forex management policies. Despite these efforts, the Naira has continued to depreciate significantly, indicating that current strategies may be insufficient to address the underlying issues affecting the currency’s value. Structural economic challenges, such as reliance on oil exports, limited foreign reserves, and a large import bill, particularly the continued importation of petroleum products, continue to put pressure on the Naira.

    Stabilising the Naira will necessitate a multifaceted strategy that extends beyond short-term interventions. To reduce reliance on foreign exchange, the CBN must prioritise diversification of the economy, increased domestic production, and an improved business environment. In addition, policy consistency and open communication are critical for restoring investor and market confidence.

    Access to credit remains a major concern for businesses, particularly SMEs, due to the high-risk quotient. What can be done to reduce the burden on businesses so that they can easily access credit at low interest rates?

    The government and financial institutions must implement several strategies. First, the CBN can improve its existing credit intervention programmes, such as the Anchor Borrowers’ Programme and the Micro, Small, and Medium Enterprises Development Fund (MSMEDF), by increasing funding and streamlining application processes. These programmes can be expanded to include additional sectors and lower interest rates. Furthermore, financial institutions should be encouraged to create tailored financial products that meet the specific needs of SMEs, such as flexible repayment terms and lower collateral requirements.

    Furthermore, strengthening Nigeria’s credit infrastructure is critical. Establishing and maintaining a comprehensive credit registry system to track businesses’ credit history can help lenders reduce perceived risks. Strengthening credit guarantee schemes can also provide additional security to banks, encouraging them to lend more to SMEs. For example, I do not know of any credit insurance companies in Nigeria. On a broader scale, fostering a stable macroeconomic environment with low inflation and consistent policies will help to reduce the overall risk profile, allowing businesses to obtain credit at lower interest rates.

    Nigerian graduates often complain about a lack of opportunities and the need to know a highly-placed person to get a job. What can we do as a country to promote job growth among young people?

    To increase job opportunities for Nigerian youth, an enabling environment that encourages entrepreneurship and supports small and medium-sized businesses (SMEs) is required. We live in a society where we worship powerful men without considering their source of wealth. We define success as having a lot of cash in your bank account, regardless of whether it came from a criminal enterprise. As a result, many young people today are focused on making quick money. It is not so much about learning how to sell. As a result, we create a large number of unemployed individuals. People with the incorrect values.

    I remain convinced that there is always room for merit. For example, we are a top destination for the best-graduating students from most local universities, and you do not need to know anyone to work with us. You only need to be competent and have the right mindset, which is one of continuous learning, as well as the right values.

    The nearly 40% inflation rate has had a significant impact on people’s standard of living due to the excruciating cost of goods and services. What steps can be taken to mitigate this?

    A multifaceted strategy is required. Tighter monetary policies to control the excessive money supply have proven ineffective. Raising interest rates and increasing bank reserve requirements have also proven ineffective. I believe the government should focus on stabilising the exchange rate by increasing foreign reserves and decreasing reliance on imports. This is the time to strengthen the agricultural sector by providing subsidies and support programmes to improve local food production, allowing us to enjoy lower food prices.

    On the fiscal policy front, Nigeria’s government should improve public spending efficiency and reduce waste. Investing in infrastructure, particularly transport and energy, can reduce the cost of doing business as well as the prices of goods and services. Implementing social safety nets and targeted subsidies for essential goods can help to alleviate low-income households’ immediate financial burden. Encouraging competition in critical sectors such as telecommunications and energy can also reduce prices through market forces. Fostering an environment that encourages local manufacturing will result in more jobs and higher wages.

    Among the challenges confronting businesses in Nigeria is the proliferation of taxes and other levies across the subnational level, rendering the entire ideal and concept of ease of doing business a mirage. What concrete measures can be implemented to ease business operations and increase productivity and efficiency within the country’s business ecosystem?

    To address the issue of a plethora of taxes and levies that impede Nigerian businesses, comprehensive tax reform is required. The government should simplify the tax system by combining various taxes and levies into a single, simpler tax regime. This can be accomplished by implementing a unified tax policy at the federal, state, and local levels, which eliminates overlapping and redundant taxes. Establishing a centralised tax collection system would reduce administrative burdens for businesses, making compliance simpler and more efficient. Additionally, providing clear guidelines and ensuring transparency in tax policies can assist businesses in better understanding their tax obligations and planning accordingly.

    Furthermore, the government can improve the ease of doing business by streamlining regulatory frameworks and reducing bureaucratic red tape. Nigeria can boost productivity, attract investment, and, ultimately, drive economic growth by making its environment more business-friendly.

    Nigeria’s infrastructure is in shambles, and the country is constantly dealing with power outages and other intractable issues. How much money does the government need to invest in infrastructure to put the country on a path of progressive growth and socioeconomic development?

    The government must make substantial investments in infrastructure. According to estimates, Nigeria will need to invest around $3 trillion in infrastructure over the next 30 years to bridge existing gaps and support its growing population. Immediate priorities should include significant investments in the power sector to address the chronic power outages that stifle business operations and everyday life. Investment in renewable energy sources, national grid upgrades, and increased electricity access have the potential to transform the energy landscape, promoting industrial growth and improving people’s quality of life.

    In addition to power, the government should prioritise investments in transportation, healthcare, and education infrastructures. Modernising and expanding the road, rail, and port networks will improve connectivity, lower transportation costs, and increase trade efficiency. Similarly, improving healthcare facilities and educational institutions is critical to developing a healthy and skilled workforce. Public-private partnerships (PPPs) can help mobilise capital and ensure efficient project execution. By committing to comprehensive infrastructure development, Nigeria can create a more conducive environment for economic activity, attract foreign investment, and achieve long-term social progress.

    The administration led by President Bola Tinubu has been in place for one year. In your opinion, what has he done right or wrong, and what are the low-hanging fruits he can easily pick to make things right?

    President Bola Tinubu’s administration has taken some significant steps in his first year in office, including prioritising economic reforms. He needs to be more aggressive in tackling corruption. His efforts to increase foreign investment through better business policies have been met with cautious optimism. The administration’s emphasis on infrastructure projects, such as road construction and increased power generation, seeks to address critical issues affecting economic growth. However, there have been concerns about the speed of these initiatives and their immediate impact on the lives of ordinary Nigerians. The administration has also struggled to effectively manage the country’s security situation, as ongoing conflicts and insecurity persist in several regions.

    President Tinubu can concentrate on low-hanging fruit, such as improving the agricultural sector through targeted subsidies and support programmes to increase food production. They can also concentrate on simplifying the tax system to alleviate the burden on small and medium-sized businesses (SMEs). They can address power shortages with quick-win projects, such as deploying renewable energy solutions in underserved communities. By focusing on these attainable goals, President Tinubu can boost public trust and lay a solid foundation for long-term development.

    The organised labour in Nigeria recently called a strike and reduced their minimum wage demand to N250,000 per month, while the federal government offered N60,000. What do you think the minimum wage should be?

    Setting an appropriate minimum wage in Nigeria necessitates balancing workers’ needs with the economic realities of businesses and the government. Given the significant difference between the organised labour’s demand of N250,000 per month and the Federal Government’s offer of N60,000, a compromise must be found. A reasonable minimum wage should take into account current inflation rates, the cost of living, and the need to keep businesses running without causing undue financial strain. A new minimum wage is ineffective unless it is accompanied by policies that promote economic growth and productivity, which can support higher wages in the long run. Implementing inflation-reducing measures, such as stabilising the exchange rate and increasing domestic production, can help to sustain wage increases. Improving social services such as healthcare and education can also help to reduce workers’ overall financial burden. Nigeria can create a more equitable and sustainable economic environment for its workforce by implementing a comprehensive approach that includes a fair minimum wage and supportive economic policies.

    Nigeria’s economy, which was said to be Africa’s largest in 2022, is expected to fall to fourth place in 2024. What caused this, and how can it be reversed?

    A variety of factors can contribute to the slip. Persistent issues like political instability, insecurity, and corruption have hampered economic growth. High inflation, a depreciating currency, and inadequate infrastructure have all contributed to a difficult business climate. These factors, combined with the slow implementation of economic reforms, have harmed investor confidence and stifled growth across a variety of industries.

    To reverse this trend, Nigeria’s economy must diversify away from oil dependency by investing in key sectors such as agriculture, technology, and manufacturing. Implementing policies that promote economic stability, reduce corruption, and improve governance is critical. Improving the business environment through infrastructure, particularly in power and transportation, will attract both domestic and foreign investment. Improving education and vocational training can result in a more skilled workforce, which promotes innovation and productivity. By focusing on these areas, Nigeria can create a more resilient economy capable of sustaining growth and regaining its position as Africa’s largest economy.

    Source: Independent Newspaper

  • Leveraging the Employee Compensation Act for Worker Safety in the Oil and Gas Industry

    Leveraging the Employee Compensation Act for Worker Safety in the Oil and Gas Industry

    The Nigerian economy is significantly driven by the oil and gas sector, which generates substantial income and employment opportunities. However, the industry also faces challenges, particularly in ensuring fair compensation and protection for its workers.

    The Employee Compensation Act (ECA) plays a crucial role in addressing these issues, offering a framework for compensating employees for work-related injuries, illnesses, impairments, or even death.

    This article provides a comprehensive overview of the ECA, its implications for the oil and gas industry, and highlights the importance of compliance and regulatory services in enhancing its effectiveness.

    Overview of the Employee Compensation Act

    Enacted in 2010, the Employee Compensation Act (ECA) establishes a robust system for compensating employees who suffer work-related injuries, impairments, or death.
    Covering both public and private sectors, including the oil and gas industry, the ECA mandates employers to register with the Nigeria Social Insurance Trust Fund (NSITF) and contribute a portion of their payroll to the Employee Compensation Fund (ECF).

    These contributions finance the compensation for injured workers and their dependents, ensuring a safety net for those affected by workplace hazards.

     

    Read More: How Multiplicity Of Taxes, Levies Hinder Businesses In Nigeria

     

    Implications for the Oil and Gas Industry

    The ECA is particularly significant for the oil and gas sector, where workers are exposed to numerous occupational dangers such as drilling accidents, chemical exposures, and transportation hazards.
    Given the high-risk nature of these operations, the Act ensures that all employees, including contractors and subcontractors, are covered.

    This comprehensive coverage guarantees that in the event of an injury or death, all workers, regardless of their employment status, are entitled to fair compensation.

    Key Provisions of the ECA for the Oil and Gas Sector

    • Compensation for Work-Related Injuries: The ECA entitles workers who sustain injuries or disabilities due to work-related accidents or occupational illnesses to compensation. This includes coverage for lost wages, medical expenses, and rehabilitation costs during the period of disability.
    • Death Benefits: In the unfortunate event of a worker’s death due to a work-related illness or accident, the Act provides death benefits to the dependents. These benefits typically include a lump-sum payment and ongoing support for the deceased worker’s family.

     

    Read More: Charting a Course for Nigeria’s Economic Future

     

    • Occupational Diseases: Recognizing the range of occupational illnesses prevalent in the oil and gas sector, the ECA offers compensation for diseases such as respiratory ailments and chemical exposures contracted due to job conditions.
    • Legal Protection: The ECA ensures that workers exercising their right to compensation are protected from termination or discrimination. This legal safeguard promotes a fair and just workplace environment.
    • Right to Seek Redress at National Industrial Court: The ECA, alongside the National Industrial Court Act (2006), empowers workers who feel their rights under the ECA have been violated to seek redress at the National Industrial Court (NIC). The NIC is a specialized court system established to handle industrial disputes, including those related to employee compensation. Workers can bring claims against their employers for unfair denial of benefits, delays in processing claims, or any other violation of their rights under the ECA.

    Challenges and Recommendations

    Despite the ECA’s comprehensive framework, several challenges impede its full effectiveness:

    Awareness and Compliance: Many workers and employers in the oil and gas sector may not be fully aware of their rights and responsibilities under the ECA. Enhancing awareness through targeted education and training programs is essential. Moreover, stringent monitoring and enforcement mechanisms are necessary to ensure compliance.

     

    Read More: Tax Incentive and Private Equity Growth: The Nigerian Outlook

     

    Claims Processing: Delays in processing compensation claims can cause significant hardship for injured workers and their families. Streamlining the claims process and ensuring timely payments are critical to providing adequate support to affected employees.

    Our People and Regulatory Services

    To address these challenges and optimize the benefits of the ECA, our People and Regulatory services offer comprehensive solutions to ensure compliance with payroll, people processes, and regulatory requirements. Our services include:

    • Regulatory Compliance Audits: Regular audits to ensure that companies adhere to ECA regulations and other relevant laws.
    • Training and Education Programs: Workshops and seminars to educate employees and employers about their rights and responsibilities under the ECA.
    • Claims Management Assistance: Support in streamlining the claims process to ensure timely and accurate compensation.
    • Policy Development and Implementation: Assistance in developing and implementing policies that promote a safe and compliant workplace environment.

    Conclusion

    The Employee Compensation Act is a vital component in protecting the rights and interests of employees in Nigeria’s oil and gas industry. By providing a framework for fair compensation and protection, the Act contributes to the sector’s sustainable development and the overall well-being of its workforce.

    However, to maximize the Act’s effectiveness, addressing challenges related to awareness, compliance, and claims processing is essential. Our People and Regulatory services are dedicated to helping companies navigate these challenges, ensuring compliance and fostering a safe, fair, and productive workplace.

    By partnering with us, companies can not only comply with regulatory requirements but also enhance their reputation as fair and responsible employers, ultimately contributing to the growth and stability of Nigeria’s vital oil and gas industry.