Should I register for tax now?

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Dear Jarus,
I have been following your thread on Nairaland in regards to tax matters. I am in the process of registering a Limited liability company (Ltd.) with the Corporate Affairs Commission (CAC) and in a matter of weeks the process will be completed.
My issue now is that the Business will not be commencing immediately but later due to capital involved to take off but I just wanted to get everything set so that immediately the funds are readily available, I won’t have to go through all the process all over again. I heard the Tax Identification Number (TIN) is free but I do not know the disadvantages involved in getting this because I wouldn’t want to get something that have not started making use of and start paying tax on it.
I need your professional advice in regards to this and also can you briefly explain to me how FIRS get their tax from companies because I do not really understand the procedure at which a company is taxed. Is it an annual thing or monthly? The nature of Business that I intend going into is trading i.e importing and selling locally here in Nigeria. Your detailed response will be greatly appreciated. Thank you.
Best regards,

Income Tax

Dear Worried Business Owner,

If a business has not started earning income, it is not subject to income tax. There is what is called minimum tax, but a company in its first four years of operations is exempted from it (i.e minimum tax). So again, you are covered. Your business doesn’t have revenue yet, and it has also not been operating for 4 years. So you have no income tax obligations.

You however have to file with the Federal Inland Revenue Service (FIRS) within six months of the end of your financial year or eighteen months of registration(incorporated), whichever comes earlier. This filing does not involve paying any money (tax). Just send your audited reports and a letter to the effect that you have no income to be taxed. If you don’t do that within the stipulated time, you will pay a penalty of N25,000 for the first month of default, plus N5000 per subsequent month of default.

There is nothing wrong in registering your company now, provided you will be able to file your returns before the end of 18 months, in which case you will not pay anything (provided you have not commenced operations or commenced but have no taxable profits).

Although applying for and obtaining the Tax Identification Number (TIN) brings you into tax authorities’ net, not obtaining actually doesn’t help you either. This is because the important thing the tax authorities will look at is when you are registered (i.e incorporated), not when you obtain your TIN. So even if you don’t register for TIN now, you will register at a point in the future and you would have only postponed the doomsday.

In summary, you can only borrow time in the timing of your business registration (which counts in tax filing), not in the timing of your registering for tax.

I hope that helps.

Jarus

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