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No, WHT Credit note
cannot be used to offset LRP. Penalty is not tax, WHT Credit note can only be
used to offset income tax due.
Yes. Mobilisation fee is
liable to WHT. In addition, every certificate of work done issued at the
different stages of a contract must be subjected to 5% WHT. However, the amount
of WHT being deducted at source from the mobilisation fee paid at the inception
of the contract should be adjusted (deducted) from the WHT due on the next
payment in respect of the certificate of work done issued and the balance
should be remitted to the relevant tax authority.
Yes, there are certain
transactions that are exempted from WHT. They include:
i.
Direct purchase across the counter,
ii.
Direct purchase of raw materials from supplier as distinct from
contract of supplies
iii.
Sale in the ordinary course of business.
iv.
All direct import goods.
i.
Inter- bank interest.
ii.
Income exempted from income tax
iii.
Claims in insurance business
iv. Interest on Bonds
v. Dividends redistributed by Holding Companies
Withholding Tax Credit
Note will generally include the following information:
· Credit
note Number;
· The
name of the agent/taxpayer who deducted and remitted the WHT;
· The name
of beneficiary from whose income WHT was deducted;
· The
nature of transaction;
· The date
of the transaction;
· The name
of the bank through which remittance was effected;
· The amount deducted;
· The period covered.
Relevant documents for
filing WHT includes:
i.
Evidence of payments to an authorised bank – e-ticket
ii.
Schedule of WHT deducted showing:
·
Period covered
·
Name of supplier
·
Addresses
·
Nature of supply
·
Gross amount
·
WHT rate
·
WHT amount
· TIN of agent making remittance
· TIN of beneficiary (taxpayer).
i. Name and address of
the Agent/Depositor.
ii. TIN of the
Agent/Depositor
iii. The name and address
of the Taxpayer/Beneficiary
iv. TIN of the
Taxpayer/Beneficiary
v. The nature of
transaction
vi. The gross value of
the business on which WHT is being deducted
vii. The applicable rate
of WHT
viii. The amount of WHT deducted.
ix. Period covered
Withholding Tax is paid to the Relevant Tax Authority either State Revenue Service or Federal Inland Revenue Service, depending on whether the taxpayer is a corporate body or an
individual. VAT on the other hand, can only be paid to the Federal Inland
Revenue Service under the Nigerian Tax Laws.
VAT is
a form of indirect tax (Consumption) while Withholding Tax is a direct tax
(Income).
Withholding
Tax is deducted from income while VAT is added to the invoiced value of goods
and services.
The
individual who suffered Withholding Tax has the right to set it off against
future tax liability, VAT cannot be so set-off.
The due date for
remitting WHT returns is within 30days from the date the tax was deducted or
the time the duty to deduct the tax arose.
Rates of WHT for
corporate companies and individuals on transactions are as follows:-
TRANSACTIONS |
COMPANIES (%) |
INDIVIDUALS (%) |
Royalties |
10 |
5 |
Contract of Supplies |
5 |
5 |
Contract of Construction |
2.5 |
2.5 |
Dividend |
10 |
10 |
Technical Service |
10 |
5 |
Professional Service |
10 |
5 |
Consultancy |
10 |
5 |
Management Service |
10 |
5 |
Commission |
10 |
5 |
Rent |
10 |
10 |
Interest |
10 |
10 |
Hire, Charter, Lease |
10 |
10 |
Directors fees |
10 |
10 |
Withholding Tax is
basically an advanced payment of income tax which may be used to offset or
reduce tax liabilities. WHT is also an advance tax to be applied as tax credit to settle
the income tax liability of the year of assessments to which the income that
suffered the deduction relates.
This is the document
issued by the Tax Authority showing that a taxpayer has suffered tax deduction
at source.
The collecting agents of
WHT are-
·
Corporate bodies (companies);
·
Individuals, firms and sole traders;
· A statutory body, a public authority and other institutions or organisations;
· Government Ministry, Department or Agency and Local Government.