Implications of Nigeria Finance Act 2022 on Cross-Border Transactions and International Taxation.

International Taxation - SNCO


The Nigeria Finance Act 2022 has ushered in significant changes to the country’s tax landscape, particularly with respect to cross-border transactions and international taxation. In an increasingly globalized world, it is crucial for businesses engaged in international activities to understand the implications of these reforms. In this article, we will explore the key aspects of the Nigeria Finance Act 2022 and how it impacts cross-border transactions and international taxation.

Introduction of Digital Services Tax (DST):

One of the most notable changes in the Act is the introduction of Digital Services Tax (DST). DST is aimed at taxing revenue generated by non-resident digital service providers from Nigerian consumers. This includes services such as online advertising, streaming, and e-commerce platforms.

Implication: Non-resident digital service providers must now navigate the complexities of DST compliance when offering their services to Nigerian customers. This includes registering for DST, calculating and remitting the tax, and ensuring compliance with reporting requirements.

Withholding Tax on Royalties and Technical Services:

The Act modifies the withholding tax rates on royalties and fees for technical services, especially those paid to non-resident entities. The new rates and rules may impact the cost structure of cross-border arrangements.

Implication: Businesses making payments for royalties or technical services to non-resident entities need to be aware of the updated withholding tax rates and ensure compliance with the Act’s provisions.

Transfer Pricing Regulations:

Transfer pricing regulations have been strengthened under the Act, aligning with international standards. This includes documentation requirements for related-party transactions to ensure that they are conducted at arm’s length.

Implication: Businesses engaged in related-party transactions, including cross-border transactions, must maintain comprehensive transfer pricing documentation to comply with the Act’s requirements.

Double Taxation Agreements (DTAs):

The Act recognizes the significance of Double Taxation Agreements (DTAs) in the context of international taxation. It clarifies that DTAs prevail over domestic tax laws where applicable.

Implication: Businesses involved in cross-border transactions need to consider the provisions of relevant DTAs when determining their tax obligations. This can impact withholding tax rates and other tax liabilities.

Thin Capitalization Rules:

The Act introduces thin capitalization rules to limit the amount of interest that can be deducted for tax purposes in cross-border financing arrangements. This aims to prevent profit shifting through excessive interest payments.

Implication: Businesses relying on cross-border financing should carefully assess their capital structure and financing terms to ensure compliance with the thin capitalization rules.

Record Keeping and Reporting:

The Act places a strong emphasis on record keeping and reporting for cross-border transactions. It is essential for businesses to maintain accurate and comprehensive records and report their international transactions correctly.

Implication: Proper record keeping and timely reporting are essential to demonstrate compliance with the Act’s provisions and avoid potential penalties.


The Nigeria Finance Act 2022 reflects the government’s commitment to aligning its tax system with international standards and adapting to the challenges of the digital economy. Businesses engaged in cross-border transactions must carefully assess the implications of these reforms, including DST, withholding tax changes, transfer pricing regulations, and thin capitalization rules. By doing so, businesses can navigate the evolving international tax landscape, optimize their cross-border activities and contribute to Nigeria’s economic growth and competitiveness in the global marketplace.

For professional advice on Accountancy, Transfer Pricing, Tax, Assurance, Outsourcing, online accounting support, Company Registration, and CAC matters, please contact Sunmola David & CO (Chartered Accountants & Tax Practitioners) at Lagos, Ogun state Nigeria offices, You can also reach us via WhatsApp at +2348038460036.