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The 2012 worldwide VAT, GST and sales tax guide

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N IGERIA 481<br />

Group registration. <strong>The</strong> Nigerian law does not provide for group<br />

registration.<br />

Nonestablished businesses. A nonestablished business carrying<br />

on business in Nigeria is required to register for <strong>VAT</strong> using the<br />

address of the Nigerian customer with which it has a contract.<br />

Late-registration penalties. <strong>The</strong> <strong>VAT</strong> Act provides for a late-registration<br />

penalty of NGN 10,000 for the first month <strong>and</strong> NGN<br />

5,000 for every subsequent month in which the default continues.<br />

D. <strong>VAT</strong> rates<br />

<strong>The</strong> st<strong>and</strong>ard rate of <strong>VAT</strong> is 5% of the invoiced amounts for <strong>tax</strong>able<br />

goods <strong>and</strong> services including imported goods. Certain goods<br />

<strong>and</strong> services are zero-rated or exempt from <strong>tax</strong>.<br />

<strong>The</strong> following tables list examples of goods <strong>and</strong> services that are<br />

exempt <strong>and</strong> goods <strong>and</strong> services that are zero-rated (these lists are<br />

not exhaustive).<br />

Examples of exempt supplies of goods <strong>and</strong> services<br />

All exported goods <strong>and</strong> services<br />

Medical goods <strong>and</strong> services <strong>and</strong> pharmaceutical products<br />

Basic food items<br />

Books <strong>and</strong> educational materials<br />

Plant, machinery <strong>and</strong> goods imported for use in free-trade zones<br />

Plant, machinery <strong>and</strong> equipment purchased for the utilization of<br />

gas in downstream petroleum operations<br />

Tractors, plows <strong>and</strong> agricultural implements purchased for agricultural<br />

purposes<br />

Services rendered by community banks <strong>and</strong> mortgage institutions<br />

Plays <strong>and</strong> performances by educational institutions as part of<br />

learning<br />

Examples of goods <strong>and</strong> services <strong>tax</strong>able at 0%<br />

Non-oil exports<br />

Goods <strong>and</strong> services purchased by diplomats<br />

Goods purchased for humanitarian donor-funded projects<br />

E. Time of supply<br />

<strong>The</strong> time when <strong>VAT</strong> becomes due is called the “time of supply.”<br />

<strong>The</strong> <strong>VAT</strong> Act does not define “time of supply.” In practice, the<br />

“time of supply” is the date on which the related invoice is issued<br />

or payment is made, whichever is earlier.<br />

F. Recovery of <strong>VAT</strong><br />

A <strong>tax</strong>able person may recover input <strong>tax</strong> that is charged on business<br />

purchases by offsetting it against output <strong>VAT</strong> which is<br />

charged on <strong>tax</strong>able supplies. If the input <strong>VAT</strong> exceeds the output<br />

<strong>VAT</strong>, the <strong>tax</strong>able person is allowed to claim a refund of the excess<br />

input <strong>VAT</strong>. An input <strong>VAT</strong> refund may be claimed in any of the<br />

following manners:<br />

• Credit method<br />

• Direct cash refund<br />

• By both credit method <strong>and</strong> direct cash refund

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