- Charity Ali

Prior to 2020, non-profit organizations were excluded from taxes on income or gains resulting from operations that matched their declared purposes. Nonetheless, there were issues because the tax exemption’s “public character” definition was not entirely clear, which resulted in divergent interpretations and the possibility of abuse by some organizations. Furthermore, due to a lack of regulation, non-governmental organizations were exempt from filing tax returns unless they applied for tax exemption, which created challenges for accountability and transparency.

A number of significant changes were implemented under the Finance Act of 2020 in order to address these issues. It brought clarity by outlining the requirements for “public character” tax exemption, mandating registration, and prohibiting the distribution of earnings to members or promoters. The Act additionally imposed income taxes on profits from business ventures or projects that do not align with the main objectives declared by an NGO. In addition, it mandated that all non-governmental organizations file annual tax returns, even those that were exempt from paying taxes.

These reforms have increased compliance in the current climate by guaranteeing transparency and justice in the application of tax rules for both the government and non-governmental entities. The Federal Inland Revenue Service (FIRS) monitors NGO operations on a regular basis and enforces these restrictions through registration procedures. It’s crucial to keep in mind that non-governmental organizations (NGOs) are liable to income tax on activities that align with their declared aims, but not on commercial ventures. Ultimately, the revised regulations are meant to promote transparency and accountability within the NGO industry.

Withholding Tax Overview

As an NGO, we do a lot of transactions with vendors of various types and also with individual consultants, so it is expected to ensure compliance with withholding tax requirements by deducting withholding tax and remitting it to the appropriate authority. Withholding Tax (WHT), as we all know, is a tax deducted at source from payments made by an organization to individuals and entities for specific types of income in Nigeria and as mandated by the Nigerian tax laws. It serves as a mechanism for the government to collect taxes efficiently by requiring the payer of income to withhold a certain percentage of the payment and remit it directly to the government.

Types of Payments Subject to Withholding Tax:

  1. Interest: Interest paid on loans, deposits, or securities.
  2. Dividends: Payments made to shareholders as dividends.
  3. Rent: Rental income paid for the use of property.
  4. Royalties: Payments for the use of intellectual property, such as copyrights or patents.
  5. Consultancy, Technical, and Management Fees: Payments for professional services rendered.

Calculation of Withholding Tax: The rate of withholding tax varies depending on the type of payment and the status of the recipient (individual or corporate entity). Current available information, here are some standard withholding tax rates in Nigeria:

  • Interest, Dividends, Rent, and Royalties: 10% WHT for companies; 5% WHT for individuals.
  • Consultancy, Technical, and Management Fees: 10% WHT for companies; 5% WHT for individuals.

The calculation of withholding tax involves multiplying the applicable WHT rate by the gross amount of the payment. For example, if a organization pays ₦500,000 as consultancy fees to a vendor, and the WHT rate is 10%, the calculation would be as follows:

Withholding Tax = Gross Amount × WHT Rate = ₦500,000 × 0.10 = ₦10,000

As an organization you withhold ₦50,000 from the consultancy fees and remit it to the appropriate tax authority on behalf of the vendor or consultant

It’s very vital to know that the Nigeria’s tax laws and rates may be subject to change, and specific circumstances may warrant different withholding tax treatments. Therefore, individuals, organizations, or businesses are always advised to consult with tax professionals or refer to updated tax guidelines provided by the Nigerian tax authorities to always ensure compliance with withholding tax requirements.

Know this as an organizations also (NGOs) that the Nigeria’s withholding tax system plays a paramount role in revenue collection and tax compliance, requiring payers to deduct and remit a certain percentage of specified payments to the government, thereby fulfilling their tax obligations under Nigerian law. The duration required to remit withholding tax can vary depending on the tax regulations and policies of the specific jurisdiction or country. In many cases, tax authorities require withholding tax to be remitted within a specified timeframe after the income is paid or accrued.

For instance, the Federal Inland Revenue Service (FIRS) of Nigeria mandates that withholding tax should be remitted within 21 days from the date of payment or credit of the income to the recipient. This means that businesses or individuals responsible for withholding tax must remit the deducted amount to the appropriate tax authority within this timeframe to ensure compliance with the country tax regulations.

It’s very paramount as an organization or taxpayer to adhere to the stipulated remittance deadlines in other to avoid penalties, fines, or other legal consequences for non-compliance by any organization or individuals. In addition, timely remittance of withholding tax supports government revenue collection efforts and contributes to the efficient functioning of the tax system.

Organization’s should know that It’s important to consult with local tax authorities or seek guidance from tax professionals to understand the specific remittance requirements and deadlines applicable to withholding tax in a particular jurisdiction. Tax regulations and deadlines may vary, so it’s essential to stay informed and comply with the relevant tax laws to avoid potential penalties and maintain good standing with tax authorities.

Pay As You Earn (PAYE) and Remittance Days

Pay as You Earn (PAYE) is a tax system used in Nigeria to collect income tax from employees’ salaries or wages. It is a way or method of deducting tax from employees’ paychecks on behalf of the government, ensuring that income tax is paid as income it is earned.

Overview of PAYE:

  1. Calculation of PAYE: PAYE is calculated based on employees’ earnings, taking into account tax exemptions, allowances, and reliefs provided by the tax laws. Taxable income is subject to graduated tax rates, with higher rates applied to higher income brackets.
  2. Monthly Deductions: Employers are responsible for deducting PAYE from employees’ salaries or wages on a monthly basis. The deducted amount represents the employees’ income tax liability for that month.
  3. Annual Returns: Employers are required to submit annual returns to the relevant tax authority, summarizing the total PAYE deducted from employees throughout the tax year. This helps tax authorities reconcile tax deductions and ensure compliance with tax laws.

Remittance Days for PAYE:

In Nigeria, the remittance of PAYE to the appropriate tax authority typically follows a specific schedule:

  1. Monthly Remittance: It is required of an employers to remit the PAYE deducted from employees’ salaries or wages to the relevant tax authority on a monthly basis. The deadline for remittance is usually within 10 to 15 days after the end of the month in which the deductions were made.
  2. Annual Returns and Reconciliation: In addition to monthly remittances, employers must submit annual returns detailing the total PAYE deductions made throughout the tax year. The deadline for filing annual returns is typically in the first quarter of the following tax year, allowing tax authorities to reconcile deductions and assess tax liabilities accurately.

Why Timely Remittance is important:

Timely remittance of PAYE is essential for several reasons:

  • Ensures compliance with tax laws and regulations.
  • It facilitates accurate reporting and reconciliation of tax deductions.
  • It helps maintain good standing with tax authorities and minimizes the risk of penalties or fines for non-compliance.
  • Supports government revenue collection efforts and the funding of public services and infrastructure.

Whether an organization or an employers you should stay informed about the relevant tax laws and its deadlines pertaining to PAYE remittance to fulfill their tax obligations and avoid potential legal consequences. Seeking guidance from tax professionals can help ensure accurate calculation and timely remittance of PAYE in accordance with Nigerian tax regulations.