The 5% Fuel Surcharge Under Nigeria’s New Tax Laws
The widely discussed 5% fuel surcharge under Nigeria’s new tax laws is not a newly introduced levy by the current administration. Rather, it is a restatement of an existing provision previously embedded in the Federal Roads Maintenance Agency (Amendment) Act, 2007 (FERMA Act). Its inclusion in the new tax laws forms part of a broader effort to harmonise Nigeria’s tax framework, enhance transparency, and provide clarity on previously fragmented statutes. Importantly, the surcharge will not take immediate effect alongside the broader tax reforms slated for implementation in January 2026. Its commencement is subject to a formal order issued by the Minister of Finance and must be published in the Official Gazette. This phased approach is designed to allow for flexibility and ensure that implementation is aligned with prevailing economic conditions. Not all fuel products will be affected. Several energy sources commonly used by households are exempt from the surcharge, including household kerosene, cooking gas (LPG), compressed natural gas (CNG), and other clean or renewable energy products. These exemptions reflect the government’s intention to protect low-income households and promote the transition to cleaner energy alternatives. The underlying objective of the fuel surcharge is to create a sustainable, dedicated funding stream for road infrastructure and maintenance. According to the government, relying solely on savings from fuel subsidy removal will not be adequate to meet Nigeria’s recurring infrastructure needs. The surcharge is therefore positioned as a complementary mechanism to provide predictable financing for safer, more efficient road networks, which in turn are expected to reduce travel time, lower logistics costs, and improve vehicle lifespan. The government also maintains that the fuel surcharge aligns with the broader goals of the national tax reform agenda. Recent policy changes have reduced or suspended multiple taxes—such as VAT on diesel, excise duties on telecom services, and the cybersecurity levy—to ease the burden on citizens and businesses while improving efficiency across the tax system. Legally, the surcharge has been removed from the FERMA Act and re-enacted within the new consolidated tax laws. This reform ensures a clearer legal basis for enforcement, improves legislative coherence, and supports longer-term sustainability planning, particularly by incentivising the adoption of cleaner energy sources. Stakeholders are advised to monitor further announcements, especially regarding the Finance Minister’s gazetted order, which will trigger implementation. Businesses with exposure to fuel inputs—particularly in transportation and logistics—should begin assessing potential cost impacts and reviewing supply chain strategies in preparation for future compliance. For professional advice on Accountancy, Transfer Pricing, Tax, Assurance, Outsourcing, online accounting support, Company Registration, and CAC matters, please contact Inner Konsult Ltd at www.innerkonsult.com at Lagos, Ogun state Nigeria offices. You can also reach us via WhatsApp at +2348038460036.
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