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KPMG Identifies ‘Flaws, Inconsistencies, and Omission’ in New Tax Law

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KPMG Nigeria has identified what’s described as “errors, inconsistencies, gaps and omissions” in Nigeria’s tax laws that came into force at the beginning of this year.

The professional services company warns that these issues could undermine the attainment of the tax reforms’ stated objectives if left unaddressed.

The reforms, anchored on the Nigeria Tax Act (NTA) and the Nigeria Tax Administration Act (NTAA), alongside the Nigeria Revenue Service (NRS)  Establishment Act and the Joint Revenue Board (JRB) Establishment Act, are aimed at improving revenue generation, simplifying tax administration, and enhancing competitiveness.

Authorities have repeatedly described the overhaul as critical to strengthening Nigeria’s weak tax-to-GDP ratio and adapting the tax system to changing economic realities.

Capital gains, inflation, and market behaviour

One of the most far-reaching concerns relates to the computation of chargeable gains under Sections 39 and 40 of the Nigeria Tax Act, which require capital gains to be calculated as the difference between sale proceeds and the tax-written-down value of assets, without any adjustment for inflation, analysis by KPMG revealed.

This approach has attracted attention largely because of Nigeria’s inflation environment. Headline inflation has remained in double digits for eight consecutive years, averaging above 18 percent between 2022 and 2025, according to data from the National Bureau of Statistics. Over the same period, asset price movements have been heavily influenced by currency depreciation and general price increases.

Actual market behaviour shows a mixed reaction to tax policy expectations, despite a strong full‑year rally, with the NGX All‑Share Index up more than 50  percent and market capitalisation near N99.4 trillion, the equities market saw significant sell‑offs in late 2025, including a N6.5 trillion drop in market value in November amid uncertainty over the new capital gains tax rules, underscoring investor sensitivity to tax policy shifts.

In its review of the law, KPMG Nigeria noted that taxing nominal gains in a high-inflation environment could result in taxpayers being assessed on inflationary gains rather than real economic value. The firm recommended the introduction of a cost indexation allowance to adjust asset values for inflation when computing chargeable gains.

According to the analysis, such an adjustment would reduce distortions in effective tax rates while still allowing the government to generate additional revenue from genuine capital appreciation.

Indirect transfer rules and foreign investment risks

Another provision drawing scrutiny is Section 47 of the Nigeria Tax Act, which subjects gains from indirect transfers of shares or assets by non-residents to Nigerian tax where such transfers result in changes in ownership of Nigerian companies or assets located in Nigeria.

The provision is being introduced amid weak foreign investment inflows. Data from the United Nations Conference on Trade and Development shows that foreign direct investment into Nigeria remains below pre-2019 levels, reflecting broader investor caution.

While similar indirect transfer rules exist in other jurisdictions, analysts note that such regimes are typically supported by detailed guidance and clear thresholds to reduce uncertainty.

KPMG’s analysis recommended that Nigerian tax authorities issue clear administrative guidance defining the scope, thresholds, and reporting obligations associated with indirect transfers. The firm noted that clarity would reduce the risk of disputes, improve compliance, and mitigate potential negative effects on foreign investment flows.

FX deductions clash with economic realities

Section 24 of the Nigeria Tax Act limits businesses from deducting foreign-currency expenses beyond their naira equivalent at the official CBN rate.

In practice, this means a company importing goods, paying foreign software subscriptions, or settling overseas vendor invoices cannot claim as tax-deductible any amount they spent above the official exchange rate.

For many companies, this is a real problem. Access to official foreign exchange is limited, forcing businesses to pay higher rates on the parallel market. Under the law, the extra cost becomes non-deductible, effectively increasing taxable profits and raising their tax bills.

KPMG warns that while the rule aims to curb speculative foreign exchange activity, it fails to account for supply shortages. The firm recommends that deductibility should reflect the actual cost incurred, provided proper documentation, so businesses aren’t penalized for circumstances beyond their control.

VAT-linked expense disallowances

Section 21(p) of the Nigeria Tax Act disallows deductions for expenses on which value-added tax has not been charged, even where such expenses were incurred wholly for business purposes.

This intersects with Nigeria’s VAT compliance challenges. The informal sector accounts for a significant share of economic activity, and VAT compliance gaps remain wide, according to assessments by tax authorities and development institutions.

Analysts note that the provision effectively transfers part of the VAT enforcement burden to compliant taxpayers, who may be penalised for supplier non-compliance.

KPMG recommended that Section 21(p) be deleted or substantially modified, arguing that deductibility should depend solely on whether an expense was wholly, exclusively, and necessarily incurred for business purposes. The firm noted that VAT compliance should instead be enforced directly through audits and penalties on defaulting suppliers.

Non-resident taxation and compliance ambiguity

Uncertainty also surrounds the compliance obligations of non-resident companies. While Section 17 of the Nigeria Tax Act provides that withholding tax constitutes final tax for certain non-resident payments where there is no permanent establishment or significant economic presence, the Nigeria Tax Administration Act does not clearly exempt such entities from registration or filing requirements.

Nigeria has signed over a dozen double taxation treaties (DTTs), including the UK, South Africa, Canada, and France, which align with the principle that final WHT extinguishes further tax obligations in the absence of a taxable presence. Experts say harmonizing the NTA and NTAA with these treaties is critical to avoid conflicts and deter foreign investors.

KPMG recommended that the relevant provisions of the Nigeria Tax Act and the Nigeria Tax Administration Act be harmonised, with explicit exemptions for non-resident companies whose Nigerian tax obligations have been fully discharged through withholding tax. According to the firm, such alignment would reduce compliance friction and improve Nigeria’s attractiveness for cross-border transactions.

As Nigeria enacts its most comprehensive tax overhaul in decades, the path to success will depend on clarity, alignment with international best practices, and swift adoption of recommended amendments. Without these measures, businesses may face higher costs, non-residents could be discouraged from investing, and capital markets may remain volatile. For policymakers, the challenge is not just raising revenue but ensuring that the reforms strengthen competitiveness and sustainable economic growth.


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E-Financial

NIBSS Blames System Glitch for Disappearance of N13.66Bn, Seeks Court Nod for Recovery

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Nigeria Inter-Bank Settlement System Plc (NIBSS) has sued 19 commercial and microfinance banks,  over N13.66 billion allegedly lost to unauthorized transfers following a major glitch on its payment platform.

NIBSS Blames System Glitch for Disappearance of N13.66Bn, Seeks Court Nod for Recovery

In a suit filed before a Federal High Court in Lagos, NIBSS is asking for urgent orders to freeze all accounts that received the disputed funds.

NIBSS wants the court to compel the 19 banks to immediately place Post No Debit (PND) restrictions on the affected customer accounts to prevent further dissipation of the money.

The banks listed as respondents are Access Bank Plc, Ecobank Nigeria Limited, FairMoney Microfinance Bank, First City Monument Bank Ltd, Fidelity Bank Plc, Globus Bank, Guaranty Trust Bank, Kuda Microfinance Bank, Lotus Bank Limited, Moniepoint Microfinance Bank, Parallex Bank, Polaris Bank Limited, Providus Bank Limited, Sterling Bank Ltd, TAJ Bank, Titan Trust Bank, United Bank for Africa Plc, Wema Bank Plc and Zenith Bank Plc.

NIBSS is also seeking orders directing the banks to place liens on all accounts linked to the Bank Verification Numbers (BVNs) of the beneficiaries, place the BVNs on a watchlist pending full recovery of the funds, and reverse all sums allegedly traced to the beneficiaries.

In an affidavit filed in support of the application, NIBSS stated that it experienced a system glitch on September 6, 2024, affecting its Nigeria Instant Payment (NIP) engine and allegedly enabling unauthorized transfers into accounts maintained with the respondent banks.

According to the company, the glitches resulted in an “unexpected behaviour” that allowed customers of the respondent banks to receive transfers without corresponding debit instructions from originating accounts, a situation described in banking operations as “Dry Posting.”

The unauthorized transactions allegedly occurred between September 6 and September 9, 2024, largely during weekend transactions, court document said.

NIBSS alleged that the transfers were routed into 176 accounts domiciled with the respondent banks.

“The financial exposure of the Applicant from this incident is in the sum of N13, 662, 138, 920. 00, billion” the affidavit stated.

NIBSS Plc further informed the court that upon discovering the transactions, it immediately contacted the banks and requested them to place PND restrictions on the affected accounts where the funds had allegedly been traced.

But, NIBSS claimed that the banks insisted on obtaining a court order before restricting the accounts of the affected customers.

It argued that unless the accounts are immediately restricted, there is a risk that the funds may be dissipated, thereby frustrating efforts to recover the allegedly unauthorized transfers.


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Nigeria’s Booming Banks And A Collapsing Economy

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By Blaise Udunze

Nigeria’s banking industry appears to be booming, largely driven by the policies of the Central Bank of Nigeria (CBN), under Governor Olayemi Cardoso, while the real economy continues to suffocate.

Nigeria’s Booming Banks And A Collapsing Economy

At a time when millions of Nigerians are sinking deeper into poverty, when inflation continues to erode household incomes, when businesses are collapsing under unbearable operating costs, and when migration has become a survival strategy for many young professionals, Nigerian banks are announcing staggering profits, stronger capital positions and unprecedented liquidity growth.

According to the bank’s financial statements, the financial system appears healthy. In reality, the economy where citizens work, trade and survive is gasping for breath.

This growing disconnect between financial sector prosperity and economic suffering now represents one of the gravest threats to Nigeria’s long-term economic stability and its ambition of building a $1 trillion economy.

The numbers are indeed impressive. Nigerian banks’ shareholders’ funds reportedly surged to about N27 trillion following the recapitalisation exercise. The top five banks now command balance sheets estimated at over N164 trillion. Tier-1 banks collectively generated trillions in profits within the first quarter of 2026 alone, while the sector-wide recapitalisation exercise raised over N4.56 trillion.

Ordinarily, such figures should inspire confidence about the future of the economy. Stronger banks are expected to translate into stronger businesses, more jobs, industrial expansion and wider economic opportunities. But Nigeria’s experience is proving otherwise.

Instead of serving as engines of productive growth, banks are increasingly becoming custodians of liquidity trapped within the financial system itself. That is the real danger.

Even as banking liquidity expands sharply, lending to the productive economy remains weak and constrained. Reports indicate that banks parked a record N24.13 trillion with the CBN, while simultaneously increasing investments in government securities and treasury bills because these avenues are safer, more profitable and less risky than lending to businesses operating within Nigeria’s harsh economic climate. This reality exposes a dangerous contradiction.

A developing economy desperately in need of industrialisation, manufacturing growth, infrastructure expansion and job creation cannot afford a banking system that prefers financial safety over productive economic risk.

A sustainable economy cannot thrive where the real sector is starved of funds. Yet this is exactly where Nigeria now stands.

Despite the massive liquidity in the banking system, growth in lending to the private sector continues to lag behind the pace of liquidity expansion. The implication is clear. Financial sector strength is no longer translating into real economic development. This is not how healthy economies function.

Ordinarily, banks in developing economies are expected to operate as catalysts for economic transformation. Across successful economies, commercial banks finance manufacturing, agriculture, innovation, infrastructure and entrepreneurship because those sectors generate jobs, productivity and national wealth.

Small and Medium Enterprises (SMEs), especially, are globally recognised as the backbone of grassroots economic development. Nigeria is no exception.

SMEs account for over 70 percent of registered businesses, contribute nearly half of Nigeria’s GDP and generate between 84 and 90 percent of employment opportunities. Yet despite their overwhelming importance, SMEs reportedly receive barely between 0.5 percent and one percent of total commercial bank lending. That is not merely a policy failure. It is an economic tragedy.

Every denied SME loan is a denied employment opportunity. Every failed business represents another frustrated entrepreneur. Every frustrated entrepreneur becomes another Nigerian contemplating migration.

This is how economic dysfunction transforms into human displacement. The so-called “Japa” phenomenon did not emerge in isolation. It is deeply connected to economic hopelessness. When productive citizens lose faith in their country’s economic future, migration stops being a lifestyle choice and becomes a survival mechanism.

Unbeknownst to the policymakers is that Nigeria cannot realistically build a $1 trillion economy while productive sectors remain financially suffocated.

A closer glance at the trend of events helps to reveal that the danger becomes even more severe when viewed against the backdrop of the recent outcome of the 305th Monetary Policy Committee (MPC) meeting, where the CBN retained the Monetary Policy Rate (MPR) at 26.5 percent in its bid to sustain disinflation and macroeconomic stability.

It is understandable and certain that inflation control is important, but the fact is that at 15.69 percent, inflation remains painfully high and continues to weaken purchasing power. Food prices remain elevated. Transportation costs remain unbearable. Consumer demand is weakening. The middle class is shrinking rapidly.

But maintaining elevated interest rates also comes with painful consequences. Simple arithmetic tells us that higher interest rates mean higher lending costs. Higher lending costs mean higher production costs. Higher production costs worsen inflationary pressures and weaken business survival rates.

Invariably, this also tells us that for Nigerian manufacturers and corporates already battling a weak naira, volatile exchange rates, expensive diesel, energy insecurity and declining consumer demand, access to affordable credit is becoming almost impossible.

Many businesses are no longer borrowing to expand production or employ workers. They are borrowing merely to survive. This is economic suffocation.

Meanwhile, banks continue to profit massively from high-yield government securities and treasury investments. Reports indicate that major Nigerian banks generated over N6.68 trillion from investment securities and treasury bills instead of financing productive enterprises capable of stimulating growth and employment.

Government’s appetite for borrowing itself shows no sign of slowing down. Public borrowing reportedly climbed above N39 trillion. Historically, excessive government borrowing crowds out private sector investment because banks naturally prefer lending to government rather than exposing themselves to risks associated with businesses operating in unstable economic conditions.

The result is predictable. The real sector weakens while speculative and non-productive financial activities flourish. This explains why Nigeria increasingly resembles a financial system disconnected from the realities of ordinary citizens.

While banks celebrate rising profits, poverty and hunger worsen visibly across the country. Unemployment continues to rise. Small businesses are dying quietly. Household purchasing power is collapsing under inflationary pressure.

Yet the financial system appears more liquid than ever. That contradiction should alarm policymakers. The recapitalisation exercise itself now raises difficult questions.

What exactly is the purpose of stronger banks if stronger banks do not strengthen national productivity?

If recapitalisation merely empowers banks to deepen investments in government debt instruments while manufacturers, farmers, exporters and SMEs remain starved of affordable credit, then the exercise risks becoming financially impressive but economically hollow.

Indeed, the current monetary environment appears to reward financial conservatism over productive risk-taking.

The stringent Cash Reserve Requirement (CRR), elevated interest rates and broader macroeconomic uncertainty continue to discourage aggressive lending to the private sector. Banks understandably seek safety. But nations do not industrialise through excessive financial caution.

No economy develops when capital circulates primarily within treasury bills and government securities instead of flowing into factories, farms, logistics, housing, innovation and production.

This is the larger danger confronting Nigeria today. Economic crises rarely begin with recession statistics alone. Sometimes, they begin when financial institutions become detached from the suffering realities of the wider economy. They begin when growth exists only within banking balance sheets but disappears from households, factories and streets.

Without productive credit expansion, economic growth becomes artificial and exclusionary. Without affordable financing, businesses cannot scale. Without business expansion, jobs cannot emerge. Also, it must be noted that without jobs, insecurity, poverty and migration inevitably worsen. The implications for social stability are enormous.

One painful fact is that citizens already burdened by inflation, debt pressures and widespread distrust now face a system where economic opportunities continue shrinking despite apparent financial sector prosperity. One of the lurking dangers is that this deepens resentment, weakens confidence in institutions and threatens long-term economic cohesion.

The CBN’s inflation fight may be necessary, but monetary stability alone cannot substitute for productive economic expansion. Financial stability without inclusive growth eventually becomes unsustainable.

The real economy matters more than banking optics. Nigeria urgently needs policies that incentivise real sector lending, reduce structural risks facing manufacturers and SMEs, strengthen credit infrastructure, lower production bottlenecks and redirect liquidity toward productive economic activity.

As a matter of fact, it is high time for Nigeria to start rethinking the growing dependence on debt-driven fiscal management that continues to crowd out private investment. Development cannot occur when government borrowing consumes the financial oxygen needed by businesses.

Ultimately, banking profitability should not become an isolated island of prosperity surrounded by a collapsing productive economy.

A nation cannot celebrate trillion-naira banking profits while millions of citizens sink deeper into economic despair. No society sustains such a contradiction indefinitely.

If Nigeria truly hopes to build a resilient and inclusive economy, then the banking sector must once again become a vehicle for national development rather than merely a beneficiary of government debt and monetary tightening.

Otherwise, the country risks creating a contradictory economy where banks grow richer while citizens grow poorer and where financial prosperity exists only on paper while economic hardship defines everyday life.

Blaise, a journalist and PR professional, writes from Lagos and can be reached via: [email protected]


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Transfers Fail as Banks Suffer USSD Glitches

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Nationwide Unstructured Supplementary Service Data (USSD) glitches are occurring because the Nigerian Communications Commission (NCC) and Central Bank of Nigeria (CBN) transitioned to an “End-User Billing” (EUB) framework.

Transfers Fail as Banks Suffer USSD Glitches

USSD is a real-time messaging protocol that allows you to communicate directly with your mobile network provider’s computers. It operates without needing an internet connection and is typically triggered by dialing a code starting with \(\ast \) and ending with \(\#\) (e.g., $\ast$123\(\#\)).

Instead of deducting fees from bank accounts, the ₦6.98 per-session charge is now deducted directly from mobile airtime.

The disruptions, which have affected customers of several leading banks including First Bank of Nigeria, Access Bank, United Bank for Africa, First City Monument Bank and Stanbic IBTC Bank, have sparked confusion among retail customers, traders and Point of Sale operators who rely heavily on USSD banking for daily transactions.

Previously, banks deducted USSD charges directly from customers’ bank balances before settling telecom operators separately.

That framework has now been replaced with an End-User Billing system.

Under the new model, customers are charged N6.98 for every 120-second USSD session, with the fee deducted directly from mobile airtime.

This means customers with little or no airtime on their SIM cards may be unable to complete transfers, regardless of how much money they have in their bank accounts.


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