SECTORAL INCENTIVES

(i) INDUSTRY

(a) Companies with turnover of less than N1 million are taxed at a low rate of 20% for the first five years of operation if they are in the manufacturing business.

(b) Dividend from companies in manufacturing sector with turnover of less than N1 million is tax-free for the first five years of their operation.

(c) Dividends derived from manufacturing companies in petrol chemical and liquefied natural gas sub-sector are exempted from tax.

(ii) AGRICULTURE

(a) Companies in the agro-allied business do not have their capital allowance restricted. It is granted in full i.e. 100%.

(b) The payments of minimum tax by companies that make small or no profits at all do not apply to agro-allied business.

(c) Agro-allied plant and equipment enjoy enhanced capital allowances of up to 50%.

(d) Processing of agricultural produce is a pioneer industry;
consequently, there is 100% tax-free period for 5 years
or projects into processing of agricultural produce.

(e) Agricultural and Agro allied Machinery:
All agricultural and agro-industrial machines and equipment to enjoy 1% duty.

(f) Agricultural Credit Guarantee Scheme Fund (ACGSF) administered by the Central Bank of Nigeria:
Up to 75% guarantee for all loans granted by commercial banks
for agricultural production and processing.

(g) Interest Drawback Program Fund:
60% repayment of interest paid by those who borrow from banks under the ACGS, for the purpose of cassava production and processing provided such borrowers repay their loans on schedule.

(iii) SOLID MINERALS

The following incentives are available in the solid minerals sector:
(a) 3 to 5 years tax holiday;
(b) Low income tax of between 20% and 30%;
(c) Deferred royalty payments depending on the magnitude of the investment and the strategic nature of the project;
(d) Possible capitalization of expenditure on exploration and surveys;
(e) Extension of infrastructure such as roads and electricity to mining sites;
(f) The holder of a mining lease shall, where qualified, be entitled to:
i) Depreciation or capital allowance of 75% of the certified true capital expenditure incurred in the year of investment and d50% in subsequent years
ii) Investment allowance of 5%
iii) Exemption from payment of customs & import duties
iv) Expatriate quota & resident permit for approved expatriate personnel
(g) In addition to roll-over relief under the capital gains tax (CGT), companies replacing their plants and machinery are to enjoy a once-and-for-all 95% capital allowance in the first year with 5% retention value until the assets is disposed, 15% will be granted for replacement of an asset.


(iv) PETROLEUM

The incentives in this sector are granted to companies that are into joint ventures with the Nigerian National Petroleum Corporation and have signed Memorandum of Understanding. The incentives are:
· Guaranteed minimum margin of USS2.50 bl;
· Accelerated capital allowances which provides that the capital allowances can be carried forward indefinitely;
· Graduate royalty rates approved for oil companies.

Onshore production in territorial waters and continental shelf areas beyond 100 meters.

Investment tax allowances (ITA) is granted to a company in respect of any asset for the accounting period. The ITA is graduated as follows:
On shore - 5%
Off shore in depth of up to 10m - 10%
Off shore in depth of between 100-200m - 15%
Off shore in depth of over 200m - 20%

(v) TAX INCENTIVES TO GAS INDUSTRY

In view of the enormous potentials in this sector, Government has approved the following fiscal incentives:

GAS PRODUCTION PHASE

· Applicable tax rate is the same as the company income tax which is currently at 30%
· Capital allowance at the rate of 20% per annum in the first four years, 19% in the fifth year and the remaining 1% in the books
· Investment tax credit at the current rate of 5%
· Royalty at the rate of 7% on shore and 5% off shore

GAS TRANSMISSION AND DISTRIBUTION

- Capital allowance as in production phase above
- Tax rate as in production phase
- Tax holiday under pioneer status


LNG PROJECTS


- Applicable tax rate under PPT is 45%
- Capital allowance is 33% per year on-straight line basis in the first three years with 1% remaining in the books
- Investment tax credit of 10%
- Royalty 7% on-shore 5% off-shore, tax deductible

GAS EXPLOITATION (UPSTREAM OPERATION)

Fiscal arrangements are reviewed as follows:
o All investments necessary to separate oil from gas from reserves into suitable product is considered part of the oil field development.
o Capital investment facilities to deliver associated gas in usable form at utilization or transfer points will be treated for fiscal purposes as part of the capital investment for oil development.
o Capital allowances, operating expenses and basis for assessment will be subjected to the provisions of the PPT Act and the revised Memorandum of Understanding (MOU).


GAS UTILISATION (DOWN STREAM OPERATAION)

o Companies engaged in gas utilization are to be subjected to the provisions of the Companies Income Tax Act (CITA)
o An initial tax free period of three years renewable for an additional two years
o Accelerated capital allowances after the tax-free period in the form of 90% with 10% retention in the books
o 15% investment capital allowance, which shall not reduce the value of the asset.

In 1998, the government approved additional incentives to support the gas industry in the following areas:
- All gas developmental projects, including those engaged in power generation, liquid plants, fertilizer plants, gas distribution/transmission pipelines are taxed under the provisions of Companies Income Tax (CITA) and not the Petroleum Profit Tax;
- All fiscal incentives under the gas utilization down stream operations since 1997 are to be extended to industrial projects that use gas i.e. power plants, gas to liquids plants, fertilizer plants, gas distribution/transmission plants;
- The initial tax holiday is to be extended from three years to five years;
- Gas is transferred at 0% PPT 0% Royalty;
- Investment capital allowance is increased from 5% to 15%;
- Interest on loan on gas project is to be tax deductible provided that prior approval was obtained from the Federal Ministry of Finance before taking the loan; and
- All dividends distributed during the tax holiday shall not be taxed.

(vi) TELECOMMUNICATIONS

Government provides non-fiscal incentives to private investors in addition to a tariff structure that ensures that investors recover their investment over a reasonable period of time, bearing in mind the need for differential tariffs between urban and rural areas. The tariff structure as approved by the regulatory authority, Nigerian Communication Commission, also provides adequate cross-subsidy between the profitable trunk and local calls of the urban and non-profitable operation of the rural areas.

Other Incentives in place are:-
a) Manufacture/installation of telecommunications related equipment is considered as pioneer activity. As a result, they enjoy 5 to 7 years tax holiday depending on location.
b) Taxes and duties do not exceed those charged on essential electrical goods.

(vii) ENERGY (Electricity)

Among the incentives put in place by Government to encourage investors in the sector are:

Tax holiday of 5-7 years is granted to companies that manufacture:

a) Transformers, meters, control panels, switchgears, cable and other electrical related equipment, which are considered pioneer products/industries:
b) Power plants using gas are assessed under the company income tax act at a reduced rate of 30%.

(vii) TOURISM

The following incentives have been put in place to encourage domestic and foreign investors’ participation in the tourism industry in Nigeria:
i) The tourism sector was accorded preferred sector status in 1999. This makes the sector qualify for incentives (available to similar sectors of the economy) such as tax holiday, longer years of moratorium and import duty exemption on tourism related equipment.
ii) Provision of basic infrastructure that is, road, water, electricity, communications etc to centre of attraction. Some states have specific areas as tourism development zones thereby making acquisition of land easier.
iii) Provision of land for tourism development at concessional rates.
iv) Availability of soft loans with long period of moratorium.

(ix) TRANSPORT

The following incentives are in place to encourage investment in the sector:
i) Shipbuilding, repairs and maintenance of vessels, boat, barges, diving and underwater engineering services, aircraft maintenance and manufacturing are considered pioneer products. As a result, they enjoy 5-7 years tax holiday depending on location.


EXPORT INCENTIVES

Export incentives are aimed at encouraging and assisting exporters to increase and diversify the total value and volume of non-oil exports from Nigeria. These incentives are designed to address the major problems of supply, demand and price competitiveness of Nigeria’s export. Some of the incentives now take the form of Negotiable Duty Credit Certificate (N-DCC) and are as indicated below:

(i) Manufacture - In - Bond Scheme
The Manufacture - in - Bond Scheme is designed to encourage manufacturers to import raw material inputs and other intermediate products duty-free for the production of exportable goods, backed by a bond issued by any recognized financial institution. The bond will be discharged after evidence of exportation and repatriation of foreign exchange has been produced.

(a) Guidelines:

(i) The manufacturer-in-bound scheme (MIBS) shall be applicable to export manufacturers only.

(ii) Interested manufacturers should apply to the Federal Ministry of Finance using the prescribed forms.

(iii) For a manufacturer to enjoy the scheme, the factory premises must be approved for that purpose by the Nigerian Customs service.

(iv) Approval including the Import Requirement Certificate( IRS) should be obtained within a period of two months and transmitted to the Nigerian Customs service for implementation.

(v) The Nigerian Customs Service will determine acceptability guarantee Bond issued by Commercial or Merchant Bank or NEXIM or Insurance Companies covering not less than 110 per cent customs duty payable on each consignment.

(vi) Under this scheme, manufacturers of export commodities will be entitled to import duty-free raw material inputs, CKDS and intermediate inputs whether prohibited or not for the manufacture of export commodities.

(vii) The Manufacturer-in-Bond Scheme shall operate on an annual (12 calendar months) importation basis as the exporter wishes. For prohibited items however, the scheme shall operate Import by Import basis.

(viii) The Bond, which shall be effective from the date of its issuance by the Bank shall be discharged when the condition stipulated therein have been fulfilled.

(ix) The Nigerian Customs Service will periodically monitor the utilization of raw materials imported under this scheme until the Bond is fully executed.

(x) In the event of inability of any manufacturer to fulfill the conditions stipulated in the Bond, the manufacturer to fulfill the conditions stipulated in the Bond, the manufacturer shall apply to the Nigerian Customs Service through its approved dealer Bank, for an extension of the Bond particularly when the life of the Bond has expired. The extension of the Bond shall not exceed three months.

(xi) Repatriation of the foreign exchange realized from the transaction shall be confirmed by the Central Bank of Nigeria before the Bond is discharged.

(xii) Bill of Entry marked “Manufacturer-in-Bond Scheme” shall be used for clearance of goods under the scheme.

(xiii) A Committee comprising the Ministry of Finance, representatives of the Nigerian Customs Service, Nigerian export Promotion Council, Standard organization of Nigeria and the Central bank of Nigeria shall monitor the scheme. The monitoring body shall render a quarterly Report to the NMIBS Committee.

(xiv) In the event of default by the manufacturer, the Nigerian Customs Service shall redeem the Bond by calling on the guarantor to pay up the appropriate customs duties and other associated charges.

(xv) A manufacturer participating in the Manufacturer-in Bond Scheme is expected to designate a warehouse or store in his factory premises for the storage of inputs and finished goods; and

(xvi) Import Duty re[ort (IDR), clean Report of Findings (CRF), Form ‘M’ and other relevant documents for this scheme shall be clearly marked “MIB Scheme”.