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Tax Incentives Tax Policy

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(a) TAX INCENTIVES

1.0 Introduction

* A tax incentive is an aspect of a country's tax law designed to


incentivise or encourage a particular economic activity by non-payment
or reduction in tax payments for a company in the said country for a
specific period of time.

* The IMF defines tax incentives as any special tax provisions that are
granted to qualified investment projects or firms that provide a
favourable deviation from the general tax law. Included in the examples
given by the IMF in their definition are tax holidays, which are widely
used in Africa and happen to be the most abused type of tax incentive in
Nigeria in the form of pioneer status.

* A typical example of tax incentive in Nigeria is the Pioneer Status


Incentive (PSI) being administered under the Industrial Development
(Income Tax Relief) Act, Chapter 17, LFN, 2004. The granting of the
incentives is based on some conditions to be complied with. The grant of
pioneer incentive in Nigeria is the responsibility of the Nigeria Industrial
Promotion Commission.

1.1 Types of Tax Incentives

Tax incentives are generally categorized into two:

(a) Cost-based tax incentives (such as tax credits and accelerated


depreciation allowances) and

(b) Profit-based tax incentives (such as tax holidays or reduced tax


rates). The types of incentives that come under these two broad
categories can greatly vary based on sector, income type, business
size, and business location. The incentives can be temporary or
permanent and can offer partial exemption or full-exemption.

1.2 General tax based incentives in Nigeria Tax laws.

Tax based incentives: Personal income tax act


Tax based incentives: Capital gains tax act
Tax based incentives: Companies income tax act
Tax based incentives: Value added tax act
1.3 Considerations for granting Tax incentives.

When considering the introduction of tax incentives, governments


should take into account the following (summarised) best practices on
the use and design of tax incentives:

 Governments should assess in advance tax incentives targeted to


boost investment.
 If introduced, the tax incentives should be evaluated (using cost-
benefit tests) on a periodic basis to gauge their effectiveness.
 To enable proper evaluation and assessment, the specific goals of
a given tax incentive need to be explicit at the outset.
 “Sunset clauses” calling for the expiry of the incentive should be
included to provide opportunity to assess whether the availability of
the incentive should be extended or not.

1.4 Positive and Negative sides of Tax Incentive

Tax incentives can have both positive and negative impacts on an


economy. Among the positive benefits, if implemented and designed
properly.

1.4.1Positive Aspect of Tax Incentives

 Tax incentives can attract investment to a country.

 Other benefits of tax incentives include increased employment,

 Higher number of capital transfers, research and technology


development

 Improvement to less developed areas for businesses established


in the rural areas.

 It is assumed that there will be increase in economic growth and


government tax revenue (after the expiration of the tax
holiday/incentive period)

1.4.2 Negative aspects of Tax Incentives

However, tax incentive can cause negative effects on a government's


financial condition, among other negative effects, if they are not properly
designed and implemented.

1.5 Costs to Tax Incentives

There are four typical costs to tax incentives:

(i) Resource allocation costs: Resource allocation cost refers to


lost government tax revenue resulting from the tax incentive.
(ii) Compliance costs: This refers to the situation when the grant of
tax incentives is lop-sided. That is leading to too much investment
in a certain area of the economy and too little investment in other
areas of the economy. Therefore, the higher and the more
complex the tax incentive, the higher the compliance costs
because of the larger number of people and firms attempting to
secure the tax incentive
(iii) Revenue costs: Revenue cost is associated with enforcing
the tax incentive and monitoring who is receiving the incentive and
ensuring that they deserve the granting of the incentive. The cost
incurred in monitoring is as good as revenue forgone.
(iv) Corruption costs: This relates to people abusing the tax
incentive. Corruption occurs when there are no clear guidelines or
minimal guidelines for qualification.

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