New withholding tax regime to take effect from January 1st, 2025- FIRS

The Federal Inland Revenue Service (FIRS) has notified taxpayers that the newly gazette withholding tax regime will begin to take effect from the 1st of January 2025.

In a notice signed by the Executive Chairman of the FIRS, Zacch Adedeji, the service noted that the current withholding tax regime as provided in the Company Income Tax (CIT) regulation would continue to remain in force until December 25th 2024.

It further encouraged citizens to comply with regulations with respect to tax payments.

The notice reads, “The Federal Inland Revenue Service (“the Service”) hereby notifies taxpayers, tax practitioners, and the general public as follows: 

1. The Deduction of Tax at Source Withholding (WHT) Regulations, 2024 published in the Federal Government Gazette takes effect from 1st January 2025. 

2. The current WHT regime as enshrined in the Companies Income Tax (Rates, ETC, of Taxes Deducted at Source (Withholding Tax) Regulations (S.I.10 of 1997) and relevant WHT provisions remains in force up to and until 31st December 2024.” 

Backstory

Yesterday, the Federal government officially gazette the new withholding tax regulation titled; The Deduction of Tax at Source (Withholding) Regulations, 2024. The new withholding tax regime seeks to repeal major provisions of the former withholding tax regulation which was approved as far back as 1978.

The Chairman of the Presidential Committee on fiscal policy and tax reforms had earlier in June stated that the federal government had approved a new withholding tax regime for the country awaiting official gazette.

The earlier withholding tax system, established in 1978, faced challenges such as ambiguity due to the expanded scope of transactions, leading to an increase in the number of taxes, inequities in the system, and strain on the working capital of low-margin businesses.

Additionally, the revised withholding tax regime introduces key changes, such as reduced rates for low-margin businesses, measures to address tax evasion and avoidance, exemption of small businesses from withholding tax, and greater clarity on deduction timing and important terms.

What you should know

The Federal Inland Revenue Service (FIRS) explains that Withholding Tax (WHT) serves as an advance collection method for Income Tax, with deductions ranging from 5% to 10% depending on the type of transaction. Returns must be submitted by the 21st of the following month. Failure to file on time incurs a penalty of N25,000 for the first month and N5,000 for each additional month of non-compliance.