Economy
KPMG Identifies Inherent Errors, Inconsistencies, Others in Nigeria’s New Tax Laws
By Aduragbemi Omiyale
The Nigerian arm of global consultancy firm, KPMG, has highlighted some inherent errors, inconsistencies, gaps and omissions in the country’s new tax laws.
In a report on its website, analysed by Business Post, KPMG Nigeria charged the local authorities to address these issues to boost investor confidence.
It noted that while the new tax laws would result in increased revenue for the government, there is always the need to strike a delicate balance between revenue generation and sustainable growth.
“It is, therefore, critical that government review the gaps, omissions, inconsistencies and lacunae highlighted in this newsletter to ensure the attainment of the desired objectives. Government must also seek international cooperation and collaboration to facilitate the sharing of information, build capacity and capability of tax administration in the country,” it said.
Analysing an error in Section 3(b) and (c) of the Nigeria Tax Act (NTA), which dwells on the imposition of tax, the agency said the section specifies persons on whom taxes should be levied, including individuals, families, companies or enterprises, trustees, and an estate, but omits community, which is included in the definition of person under Section 201.
It recommended that, “If the intention is to impose tax on communities, this should be explicitly introduced in Section 3. Otherwise, the law should clearly state that communities are now exempt from tax.
It also pointed out that Section 6(2) of the NTA on Controlled Foreign Companies (CFC), the Act states that undistributed foreign profits are to be “construed as distributed” but also mandates that they be “included in the profits of the Nigerian company” (implying income tax at 30 per cent).
Though dividend distributed by a Nigerian company is deemed to be franked investment income, this does not appear to be the case with dividends distributed by foreign companies.
It thus appears that such dividends will be taxed at the income tax rate. Consequently, there will be differences in the treatment of dividends distributed by Nigerian companies and those distributed by foreign companies.
KPMG Nigeria advised the government to “modify the section by providing clarity on the treatment of foreign and local dividends.”
On Section 20(4) of the NTA focusing on deductions allowed, it states that expenses incurred in a currency other than the Naira may only be deducted to the extent of its Naira equivalent at the official exchange rate published by the Central Bank of Nigeria (CBN).
This implies that where a business buys forex at a rate that is higher than the official rate, such company cannot claim tax deduction for the difference in value between the official and the other rates.
The intention is to discourage speculative foreign exchange transactions and encourage the appreciation of the Naira. However, issues surrounding the accessibility of all forex needs due to supply problems have not been fully considered.
It recommended that, “We do not think that this condition is necessary at this time. With the current state of the economy, focus should be on improving liquidity and introducing stricter reporting requirements to track and monitor foreign exchange transactions.”
As for the next section, which dwells on deductions not allowed, it includes expenses on which VAT has not been charged. This means that such expenses will not be considered allowable tax deductions even when those expenses have been validly incurred for business purposes.
This implies that a company could be held accountable for any inaction or non-performance by its suppliers or service providers. While the defaulting service providers may eventually be required to pay the VAT during an audit or investigation, the company will have already been denied the ability to claim a deduction for the related expense.
It called for the removal of this section, saying “the only criteria should be that any expense that is wholly and exclusively incurred for business purposes should be allowable for tax purposes.”
Other sections it found errors in include Section 17(3)(c) of the NTA on taxation of non-resident persons, Section 27 of the NTA on the ascertainment of total profits of companies, Section 30 of the NTA on the ascertainment of chargeable income of an individual, Sections 39 and 40 of the NTA on computation of chargeable gains, Section 47 of the NTA on indirect transfer of ownership of companies or assets, Section 63(4) / 162(b) of the NTA on collective investment scheme, amongst others.
By Aduragbemi Omiyale
One of the brewery companies in Nigeria, Champion Breweries, has received regulatory approval for its N42 billion public offer.
The brewer intends to use net proceeds from the public offer, together with an earlier N15.9 billion rights issue, to fund the acquisition of the Bullet brand portfolio through an asset carve out that transfers ownership of Bullet’s brands, trademarks, recipes and commercial rights across its African markets to Champion Breweries.
In addition, funds from the exercise would be used to support working capital requirements and growth initiatives in areas such as route to market, marketing, innovation and capacity expansion.
Bullet is Nigeria’s leading ready to drink alcoholic beverage and one of the top energy drink brands in its markets of presence. The brand is currently sold in 14 African countries and earns a significant portion of its revenues in foreign currency, providing Champion Breweries with a natural foreign exchange (FX) hedge and a platform for continued regional expansion.
In a statement to the Nigerian Exchange (NGX) Limited, Champion Breweries said it now has the approval of the Securities and Exchange Commission (SEC) to raise the fresh funds.
The company is selling a total of 2,625,000,000 ordinary shares of 50 kobo each at a unit price of N16.00, payable in full on application.
Application for the public offer opened on Thursday, January 8, 2026, and will close on Wednesday, January 21, 2026.
The lead issuing house for the public offer is Rand Merchant Bank Nigeria Limited, while the joint issuing houses are FBNQuest Merchant Bank Limited, FCMB Capital Markets Limited, CardinalStone Partners Limited, Greenwich Merchant Bank Limited, Chapel Hill Denham Advisory Limited, Comercio Partners Capital Limited, and Fortress Capital Limited, with Africa Prudential as the registrar.
The exercise, according to the Champion Breweries, gives institutional and retail investors an opportunity to participate in its “next phase of growth.”
“The opening of our public offer is an invitation for investors to share in the next phase of Champion Breweries’ growth. With the Bullet acquisition, we are combining nearly 50 years of brewing heritage with a proven pan African RTD and energy drink platform,” the Managing Director of Champion Breweries, Mr Inalegwu Adoga, said.
“Champion Breweries’ story is one of disciplined execution and smart capital deployment. The asset carve out structure for Bullet will mean we can unlock FX earnings and scale quickly, without heavy upfront investment in new plants. This public offer allows a wider pool of investors to participate in that strategy,” the Managing Director of enJOYcorp, Mr David Butler, added.
By Adedapo Adesanya
The Nigerian Upstream Petroleum Regulatory Commission (NUPRC) has announced January 14, 2026, for the pre-bid conference of the 2025 oil and gas licensing round.
The conference comes as the federal government intensifies efforts to attract fresh upstream investments.
In an announcement notice dated January 8, 2026, and signed by the commission’s chief executive, Mrs Oritsemeyiwa Eyesan, the event will take place in Lagos.
The notice, published on the official X handle of the agency, said, “The Nigerian Upstream Petroleum Regulatory Commission is proud to announce the 2025 licensing round pre-bid conference scheduled for 9 am on Wednesday, January 14, 2026, at the Grand Ballroom, Eko Hotels and Suites, Lagos.”
The pre-bid conference is a key milestone in the licensing round process and is expected to provide prospective investors with detailed guidance on the conduct of the bid exercise.
According to the organisation, discussions at the conference will focus on the implementation timetable for the licensing round, bid package preparation, eligibility requirements, as well as the assessment criteria and procedures for determining winning bidders.
The upstream regulator explained that the announcement followed an earlier notice published in both local and international newspapers, in compliance with the provisions of the Petroleum Industry Act (PIA).
“The focus areas of the upcoming pre-bid conference include the implementation timetable, bid package preparation, eligibility terms, and the assessment and winners’ determination procedure. Interested members of the public are urged to register for the pre-bid conference through the portal br2025.nuprc.gov.ng,” the notice stated.
It added that comprehensive information on the licensing round, including guidelines, block descriptions and participation instructions, is available on the commission’s website.
“Detailed information on the licensing round guidelines, block descriptions and participation instructions is also available on the website, nuprc.gov.ng. We look forward to your participation,” it concluded.
Recall that last year, the erstwhile Commission Chief Executive, Mr Gbenga Komolafe, announced that the 2025 oil block licensing bid round would commence on December 1.
The 2025 licensing round, expected to offer 50 blocks across multiple terrains, is part of a broader agenda to rebuild confidence in Africa’s largest oil producer, deepen indigenous participation, and reposition Nigeria as a competitive investment destination.
The licensing round comes at a time when Nigeria is seeking to reverse years of declining upstream investment caused by regulatory uncertainty, oil theft and project delays.
Since the enactment of the Petroleum Industry Act in 2021, the NUPRC has overseen multiple bid rounds aimed at improving transparency, competitiveness and investor confidence in the upstream sector.
Pre-bid conferences have become increasingly important under the PIA regime, as they provide clarity on fiscal terms, compliance obligations and the evaluation framework, helping to reduce disputes and post-award uncertainty.
The last licensing round conducted by the commission attracted a mix of indigenous and international players, with the regulator pledging to ensure a transparent and commercially competitive process.
The NUPRC said it looks forward to broad participation at the Lagos conference, signalling what could be another major test of investor appetite for Nigeria’s upstream assets.
By Adedapo Adesanya
The Governor of the Central Bank of Nigeria (CBN), Mr Yemi Cardoso, has wooed American investors, declaring that the country will focus on disciplined reforms and transparent markets to restore investor confidence in the country.
Mr Cardoso disclosed this after leading Nigeria’s engagement with senior business leaders and global investors at the US-Nigeria Executive Business Roundtable in Washington, convened by the US Chamber of Commerce’s US–Africa Business Center.
According to him, Nigeria used the platform to send a clear message to international capital: the country is focused on macroeconomic stability, regulatory clarity, and private sector-led growth.
“With global capital cautious and highly selective, we presented Nigeria’s message clearly and practically: disciplined reform, transparent markets, and credible institutions,” the CBN Governor said.
He noted that discussions at the roundtable centred on stabilising the macroeconomic environment and strengthening the financial system to support sustainable business expansion.
“Our discussions focused on macroeconomic stabilisation, regulatory clarity, and fostering private sector-led growth, laying the groundwork for a deeper phase of US–Nigeria commercial engagement,” Mr Cardoso stated.
Looking ahead to 2026, the CBN chief outlined an ambitious reform agenda aimed at reinforcing Nigeria’s financial architecture and improving the operating environment for businesses and investors.
“We will continue to strengthen the banking system through rigorous supervision and sound governance,” he said, adding that the apex bank would also “refine our inflation-targeting framework to deliver durable price stability.”
Mr Cardoso disclosed plans to modernise Nigeria’s payments infrastructure to boost efficiency and financial inclusion, while also promoting responsible fintech innovation anchored on consumer protection and financial integrity.
He further revealed that the CBN would deploy data and artificial intelligence-enabled tools to enhance regulatory responsiveness and execution.
“We will continue to build institutional capacity within the Bank, leveraging data and AI-enabled tools to support faster, more responsive, and higher-quality execution,” he said.
The central banker stressed that sustained reform, rather than short-term measures, remains critical to unlocking long-term growth and investment.
“Reform is a process that rewards consistency and discipline. Our focus remains steady: to protect trust, sustain stability, and entrench the foundations for disciplined, lasting economic growth in Nigeria,” he added.
He noted that the engagements signalled growing international confidence in Nigeria’s reform trajectory, positioning the country for deeper commercial ties with the United States and renewed inflows of global capital in the year ahead.
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