What is Capital Gains Tax?
Capital Gains Tax (CGT) is charged on the profit (gain) you make when you sell or dispose of a valuable asset.
- The logic: If you bought land for ₦10m and sold it for ₦15m, you have a Capital Gain of ₦5m. This gain is taxable.
Rate: 10% of the chargeable gain.
What Assets are Taxable?
CGT applies to "Chargeable Assets," which include:
- Land and Buildings (Real Estate).
- Options, debts, and incorporeal property.
- Currency (other than Nigerian currency).
- Assets situated outside Nigeria (if brought into Nigeria).
Exemptions: When Do You Pay Zero?
The law provides generous exemptions to encourage investment and protect individuals. You do NOT pay CGT on:
- Stocks and Shares: Gains from selling shares in Nigerian companies are generally exempt.
- Private Residences: Selling your principal private home (where you live).
- Compensation for Loss of Office: Up to ₦10 Million is exempt.
- Decorations: Gains on medals or decorations for valor.
- Life Insurance Policies.
Calculating the Tax
Formula:
Sales Proceeds - (Cost of Acquisition + Expenses of Sale) = Net Gain CGT = 10% of Net Gain.
Allowed expenses include professional fees (agents, lawyers), cost of improvement, and stamp duties paid.
Rollover Relief
If you sell a business asset (like a factory or machinery) and receive a gain, you can defer paying tax if you use the proceeds to buy a replacement asset for the same business purpose. This is called Rollover Relief.
How to File
- Companies: File alongside your annual CIT returns via TaxPro-Max.
- Individuals: File with your State IRS (e.g., via the state's e-tax portal).
Due Date: Twice yearly:
- June 30th (for disposals Jan-Jun).
- Dec 31st (for disposals Jul-Dec).
References & Resources
- Capital Gains Tax Act Cap C1 LFN 2004 (PDF)
- Finance Act 2021 Update: Amendments regarding shares disposal.