XYZ Nigeria Limited was incorporated in Nigeria on November 1, 2016. The company has an authorised and fully paid ordinary share capital of five million shares at N1 each.

The company is an entity that started trading on January 1, 2023, retailing engineering equipment. Its first statement of profit or loss was for the year ended December 31, 2023, and revealed the following results

N’000 N’000
Gross profit 140,800
Investment income 3,850
Profit on sales of equipment 4,950
149,600
Less expenses:
Depreciation 17,875
Directors’ emoluments 2,200
Debenture interest 4,000
Audit and accounting fees 4,125
Legal costs 5,775
Salaries 72,000
Miscellaneous expenses 12,600 (118,575)
Net profit for the year 31,025

The following additional information was provided by the company’s Financial Director:

(i) Legal costs comprise the following:

N’000
– Retainership 1,725
– Cost of issuing directors service agreement 1,550
– Cost of issuing ordinary shares 2,500
5,775

(ii) The breakdown of miscellaneous expenses comprises:

N’000
– Cost of installation of a new machine 3,750
– Extension and partitioning of office apartment 1,500
– Staff party 2,500
– Cost of entertaining suppliers 4,850
12,600

(iii) Investment income comprises the following:

N’000
– Dividend from Nigerian companies (net) 2,100
– Loan interest from Nigerian company (gross; non-trading investment) 1,750
3,850

(iv) On December 31, 2023, the directors of the company agreed to pay a dividend of 5% on its ordinary shares

(v) Balancing charge agreed with the Revenue was N2,740,000

(vi) The agreed capital allowance with the Revenue was N10,325,000

Required:
a. Compute the total tax liabilities of XYZ Nigeria Limited for the relevant year of assessment. (20 Marks)
b. Explain the other bases of assessing companies to income tax in Nigeria apart from the normal basis.

(5 Marks)
c. The company is under pressure to fund some of the projects that are likely to be executed the following year. In order to be proactive, the management is of the view that additional loans can be obtained within a very short time, if the management is ready to cooperate with the creditors. If they do that, more funds will be available to execute all these projects.
The Accountant was present at the management meeting and was not comfortable with this proposed line of action. He feels that it will constitute a breach of the ethics of his profession to engage in shady dealings in the course of his employment. He explained to the management that there are ethical issues a professional accountant should be wary of. He maintained that those ethical issues as noted by ICAN and International Ethics Standard Board for Accountants (IESBA) code are the guiding principles of every accountant.

You have been appointed by the company as the Tax Consultant to handle its tax matters and they have sought clarifications on the statement of the accountant.

Explain the FIVE fundamental principles of ethics as specified by the International Ethics Standards Board for Accountants (IESBA). (5 Marks)

a.
XYZ Nigeria Limited

Computation of total tax liabilities for assessment year 2024

N’000 N’000
Net profit as per accounts 31,025
Add: disallowable expenses:
Depreciation 17,875
Legal cost – Issue of ordinary shares 2,500
Installation of new machine 3,750
Extension and partitioning of office apartment 1,500 25,625
56,650
Less: Non-taxable income:
Profit on sale of equipment 4,950
Dividend from Nigerian company 2,100 7,050
Adjusted profit 49,600
Balancing charge 2,740
52,340
Capital allowances (10,325)
Total profit 42,015
Companies income tax (CIT) (30% of N42,015,000) 12,604,500
Tertiary education tax (TET) (3% of N49,600,000) 1,488,000
Total tax liabilities 14,092,500

Assessment based on dividend
5% of 5,000,000 shares at N1.00 each = N250,000
CIT on dividend paid at 30% = N75,000

Given the fact that the tax liability based on total profit is higher than that based on dividend, the CIT payable is N12,604,500.

b.
Other bases of assessing companies to income tax in Nigeria apart from the normal basis are as follows:

i. Dividend assessment: Section 19 (1) of CITA 2004 (as amended) provides that where a dividend is paid out as profit on which no tax is payable due to:

  • no total profits; or
  • total profits which are less than the amount of dividend which is paid, whether or not the recipient of the dividend is a Nigerian company.

The provisions of Section 19 (1) shall not apply to dividends paid out of the retained earnings of a company, provided that the dividends are paid out of profits that have been subjected to tax under this Act, the Petroleum Profits Tax Act or the Capital Gains Tax Act.

ii. Minimum tax: is pegged at a flat rate of 0.5% of turnover less franked investment income, which would be applicable to the following companies;

  • companies with no total profit, or
  • whose computed tax is less than the minimum tax.

iii. Turnover assessment
For a trade or business, where the Revenue feels that the trade or business produces either no assessable profit or assessable profit that is less than expected of the trade or business or the true assessable profit cannot be ascertained, the Board may raise assessment on the following basis:

  • if it is a Nigerian company, a reasonable percentage of the turnover; and
  • if it is a non-Nigerian company, that part of the turnover attributable to the fixed base of the business or that part of the profit attributable to the business or trade carried on through a Nigerian representative.

c.
The five fundamental principles of ethics as specified by the International Ethics Standards Board for Accountants (IESBA) are as follows:

i. Integrity: A professional accountant shall comply with the principles of integrity, which requires an accountant to be straightforward and honest in all professional and business relationships.

ii. Objectivity: A professional accountant shall comply with the principle of objectivity, which requires an accountant not to compromise professional or business judgement because of bias, conflict of interest or undue influence of others.

iii. Professional competence and due care: A professional accountant shall comply with the principles of professional competence and due care, which requires an accountant to:

  • attain and maintain professional knowledge and skill at the level required to ensure that a client or employing organisation receives competent professional service, based on current technical and professional standards and relevant legislation; and
  • act diligently and in accordance with applicable technical and professional standards.

iv. Confidentiality: A professional accountant shall comply with the principle of confidentiality, which requires an accountant to respect the confidentiality of information acquired as a result of professional and business relationships.

v. Professional behaviour: A professional accountant shall comply with the principle of professional behaviours, which requires an accountant to comply with relevant laws and regulations, and avoid any conduct that the accountant knows or should know might discredit the profession.

A professional accountant shall not knowingly engage in any business, occupation or activity that impairs or might impair the integrity, objectivity or good reputation of the profession, and as a result would be incompatible with the fundamental principles.