Section 11 — Income Tax Returns for Companies

(1) Every company, including a company granted exemption from incorporation, whether or not it is liable to pay tax under Nigeria Tax Act or any other tax law, for a year of assessment, with or without notice from the Service, shall file a self-assessment return with the Service in the prescribed form at least once a year and such return shall contain—

(a) a duly completed self-assessment form as may be prescribed by the Service;

(b) the audited financial statements, tax and capital allowances computation for the year of assessment in respect of the profit from each and every source computed:

Provided that the return of a small company may contain a statement of accounts attested to by the taxpayer in place of audited financial statements;

(c) evidence of payment of the tax due;

(d) computation of the effective tax rate and additional tax payable, where applicable; and

(e) an attestation of the information contained in the tax returns signed by a principal officer of the company.

(2) Where a non-resident company derives profit from or is taxable in Nigeria under Chapter Two of the Nigeria Tax Act, such company shall submit a return for the relevant year of assessment containing—

(a) the company’s full audited financial statements and the financial statement of the Nigerian operations, attested to by an independent, qualified or certified accountant in Nigeria;

(b) tax computation schedules based on the profits attributable to its Nigerian operations;

(c) a true and correct statement, in writing, containing the profits from each and every source in Nigeria;

(d) duly completed Income Tax Self-Assessment Forms;

(e) evidence of payment of the tax due; and

(f) a computation of the effective tax rate and additional tax payable, where applicable.

(3) The provisions of subsection (2) shall not apply in a year of assessment where a non-resident company only earns income on which the amount deducted at source is the final tax under Nigeria Tax Act.

(4) Where a company permanently ceases operation in Nigeria, the company shall file the returns for the year of cessation and any outstanding return.

(5) Subject to this Act, any tax law or regulation, the time of filing returns shall be—

(a) in the case of a company that has been in business for more than 18 months, not more than six months after the end of its accounting year;

(b) in the case of a newly incorporated company, within 18 months from the date of its incorporation or not later than six months after the end of its first accounting period, whichever is earlier; or

(c) in the case of a company that permanently ceases to carry on trade or business in Nigeria, not later than six months from the date the company permanently ceases to carry on the trade or business in Nigeria.

(6) For the purpose of this section—

(a) every company shall designate a representative or representatives who shall attend to its tax matters; and

(b) where a person designated by a company under paragraph (a) is a paid agent, such person shall be an accredited tax agent as provided in this Act.