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Nigeria Cannot Enforce Tax against Facebook, Others—Expert

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Nigeria will find it impossible to place taxes on the transactions of foreign tech companies like Netflix, Facebook, Google, Youtube and other virtual firms without foreign help, Ikemesit Effiong, head of Research at SBM Intelligence, has said.

Nigeria Cannot Enforce Tax against Facebook, Others—Expert

It will be recalled that the federal government announced its intent to tax OTT’s in the Finance act the president signed earlier in the year.

According to Saharareporters, the legal document, which reviewed the countries tax policies, included any business that “transmits, emits, or receives signals, sounds messages, images or data of any kind by cable, radio, electromagnetic systems or any other electronic or wireless apparatus to Nigeria in respect of any activity including electronic commerce, application store, high-frequency trading, electronic storage, online adverts, participative network platform, online payments and so on, to the extent that the company has a significant economic presence in Nigeria and profit can be attributable to such activity.”

Effiong told SaharaReporters that it would be difficult for the federal government to calculate the Nigerian derived earnings of these companies’ activities.

He is sceptical about how the government will, for example, find out the volume of activities engaged in by Nigeria’s estimated 20m Facebook users and how much each transaction yielded in revenue.

He said countries across the world were discussing how to tax over the top technologies (OTT’s) and virtual firms that do not have end-user telecommunication infrastructure and share the profit.

“The only way I see Nigeria being able to negotiate a tax regime (OTT) will be for them to collaborate with our European and American partners,” he said.

“I can’t think of any African economy – South Africa included– that can do this on their own. Even global powers like the US and the EU are struggling with this.”

Zainab Ahmed, minister for finance, gave clarity on how the government plans to implement the new tax regime by issuing the Companies Income Tax (Significant Economic Presence) Order. The finance minister is also empowered by the law to determine who a SEP is.

In the letter of the order, the first guiding principle in identifying who a SEP is will be to check if the company has sustained interaction with customers in Nigeria or agents of foreign entities based in Nigeria and have an annual earning in any currency whose value comes up to N25m or more.

Firms that fall into this category have been asked by the order to customize their platforms to enable them to receive payment in naira for taxable reasons.

“A foreign entity providing technical services such as training, advertising, supply of personnel, professional, management or consultancy services shall have a SEP in Nigeria in any accounting year if it earns any income or receives any payment from a person resident in Nigeria or a fixed base or agent of a foreign entity in Nigeria,” the act reads.

Education service providers are exempted though. Companies like Facebook, Twitter and Google, that make as much money off traffic as they do from promoted posts, would be difficult to tax, experts believe.

Most of these OTT firms do not have offices in Nigeria.

Those who do only maintain a representational presence and Effiong thinks this is the flaw in the plan.

“If Facebook says we had 17m unique visits, how are you as a country going to quantify and verify it?” he wondered.

Explaining that every taxpaying entity in the country has to open their books to the federal or state revenue boards, Effiong said OTTs have to largely comply, they have to be transparent about the number of Nigerian users they have, the ads those users clicked on, what the monetary cost of those ads was… for tax authorities to be able to assess them.”

Save for a Chinese/Iranian/Russian mode of internet monitoring, the lawyer said it would be impossible for the government to validate the genuineness of the data it is given.

Kenya is another African country that has attempted to levy an OTT. Its revenue authority said in a recent draft regulation that foreign companies offering digital services should register in the country to pay value-added tax or get a tax representative.

Outside Africa, France has been the most desperate to begin charging virtual firms for the number of undeclared profits they earn across the world.

In January, Macron’s government said it was going to go ahead of the EU conversation on the matter to collect three per cent of the global annual earnings of these firms.

That move was swiftly countered by the Trump administration, who threatened to massively heighten excise duties on goods coming out of France. Since then, Coronavirus has stalled the possibility of a joint tax regime for over-the-top technologies in the European Union.

Nigeria and Kenya are chasing the monies that could come from this new pull of cash though. It could be vital funding that would ease the recession fears in Africa’s largest economy.


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Telecom Tariffs Set to Rise by 50 Percent as NCC Approves Adjustments

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Nigerian Communications Commission (NCC) has announced that it will approve tariff adjustment requests by network operators, in response to current market conditions.

The adjustments, capped at a maximum of 50% of current tariffs, are lower than the over 100% requested by some operators.

These changes will remain within the tariff bands stipulated in the 2013 NCC Cost Study and will be reviewed on a case-by-case basis, adhering to the NCC Guidance on Tariff Simplification, 2024.

The adjustments aim to address the gap between operational costs and current tariffs, ensuring service delivery is not compromised.

They will support operators in investing in infrastructure and innovation, benefiting consumers through improved services and connectivity.

The decision was made after extensive consultations with stakeholders, balancing consumer protection and industry sustainability.

The NCC has mandated transparent implementation and public education on the new rates, with a focus on measurable service improvements.

The NCC remains dedicated to fostering a resilient, innovative, and inclusive telecommunications sector, supporting indigenous vendors and suppliers, and promoting Nigeria’s digital economy.

The Commission will continue to engage with stakeholders to create a telecommunications environment that works for everyone.


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Subscribers Reject Tariff Hike, Say FG Cannot Speak for Them

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Telecommunication subscribers under the aegis of Association of Telephone, Cable TV and Internet Subscribers of Nigeria (ATCIS-Nigeria), at the weekend rejected the 30-60 per cent tariff increase proposed by Bosun Tijani, minister of Communications, Innovation and Digital Economy, insisting that there should be no increase for now.

Subscribers Reject Tariff Hike, Say FG Cannot Speak for Them

ATCIS-Nigeria said Tijani cannot speak for them, saying there is no conclusion on the tariff increase yet.

Sina Bilesanmi, national president, ATCIS-Nigeria in a statement, said a tariff hike was not one of the issues agreed upon with the regulator in Abuja, wondering why the minister is interested in hiking tariffs to the detriment of struggling Nigerians still reeling under the impact of economic reforms.

He said the minister’s statement was contrary to the agreements reached between the Consumer Bureau Department of the Commission of the  Nigerian Communications Commission (NCC) and stakeholders at a meeting convened on January 9, 2025, at the NCC headquarters in Abuja.

According to him, what was agreed upon at the January 9 Abuja meeting was that there would be no telecoms tariff hike for now until all the stakeholders, particularly the subscribers, are sufficiently enlightened and sensitised.

Recall that the minister, in a TV interview, had said even though the mobile network operators (MNOs) were demanding a 100 per cent increase to stabilise the sector, the government knew that such a level of increase would be harmful to the people.

On the threshold of the expected hike, he said: “I think it should not be more than anywhere between 30 to 60 per cent. We have already made it clear that we are not going to approve 100 per cent. These companies are asking for 100 per cent, stating clearly that this is what they believe they need to get.

“But what we are looking at in terms of the sector is that if this is the sector that is responsible for driving growth in our country, it will be harmful to our people to allow MNOs to increase by 100 per cent.”

However, Bilesanmi said it was not the duty of the minister to speak for tariff pricing, insisting that it is the responsibility of the NCC which has already started doing the consultation to do data-based empirical cost analysis.

He said the minister has no power to fix prices in a liberalised market.

“Our resolution was, one, that the telecom operators need to respect the telecom subscriber advocacy body and the act of NCC; that the NCC should tell the telcos to first meet with ATCIS being the telecom subscriber advocacy body for consultation, involvement, enlightenment, and engagement; that once telecom subscriber advocacy body agreed, it will call for public opinions on the per cent rate, and that ATCIS will then write NCC for approval, and anything outside of these may not work.

“As subscribers, we should be in collaboration with NCC because we’re the ones paying the money involved. We agreed at the meeting that there will be no hike but further deliberation and consultation on the issue with relevant stakeholders, especially the MNOs and the subscribers would continue.

“The MNOs, through their representatives (ATCON and ALTON), were supposed to organise an enlightenment/sensitisation programme to address the issues. The MNOs were supposed to discuss the percentage increment with the subscribers’ representatives after which it will be taken to the subscribers for discussion. At the end of the meetings, we were expected to communicate an equilibrium price (a fair price agreeable to all) to the NCC for final approval,” he said.

According to Bilesanmi, any tariff hike will do more harm than good to the subscribers at a time when they are struggling to cope.

“It will further impoverish our members, especially small business owners whose offices and shops are their mobile phones and laptops. A hike in voice and data prices without recourse to the subscribers will spell doom for their business,” he said, adding that it might slow down the gains of the government’s digital economy ambition.

“ATCIS is the leading telecom subscriber advocacy body in Nigeria with over 220 million members across 36 states in the six geo-political zones in Nigeria.

“It has a mission to promote mutual co-existence, and fair play, and defend the rights of telecom subscribers, by endorsing and ensuring good products and network service delivery from network operators and service providers to our corporate and individual members, while providing a platform to advance the rights of Telephone, Cable Tv and Internet Subscribers.”


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MTNN Raises N42.20Bn through Commercial Paper

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Karl Toriola, chief executive officer, MTN Nigeria
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MTN Nigeria Communications (MTNN) Plc has raised the sum of N42.20 billion through the commercial paper (CP) issuance.

MTNN Raises N42.20Bn through Commercial Paper

Karl Toriola, chief executive officer, MTN Nigeria

The company in a statement signed by Uto Ukpanah, its secretary, notified Nigerian Exchange Limited and the investing public of the successful completion of its Series 15 and 16 Commercial Paper issuance under the Company’s N250 billion Commercial Paper Issuance Programme where the Company raised N42.20 billion.

It added that “the 180-day and 270-day CP were issued at yields of 27.50 per cent and 29.00 per cent, respectively, with an issue date of December 23, 2024.

This follows the successful completion of two prior CP issuances in the last two months.”

MTNN stated that the proceeds will be applied towards the Company’s short-term working capital requirements.

Karl Toriola, chief executive officer, MTN Nigeria, said, “we are grateful for the success of this transaction which underscores investor confidence in MTN Nigeria’s business model and management team.

“The CP Issuance is part of our established funding strategy and would not have been possible without the unwavering support of the investor community, as well as our advisers.”

MTN Nigeria has been actively raising funds through its N250 billion Commercial Paper Issuance Programme, a strategic initiative designed to support its operational and business goals.

The recent Series 15 and 16 issuances achieved an 84.4 per cent subscription, reflecting ongoing investor interest. On November 29, 2024, the company successfully launched Series 13 and 14 Commercial Papers, offering yields of 27.50 per cent for the 181-day tenor and 29.00 per cent for the 270-day tenor.

Initially aimed at N50 billion, these issuances saw overwhelming demand, resulting in an oversubscription of 144 per cent and ultimately raising N72.18 billion.


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