Rethinking Business Structures: Tax-Optimized Entity Selection post Nigeria Finance Act 2022.


Choosing the right business structure has always been a critical decision for entrepreneurs and business owners in Nigeria. However, with the recent enactment of the Nigeria Finance Act 2022, this decision has taken on new significance. The Act introduces changes to various tax provisions, including corporate income tax rates, deductions and incentives, making it essential for businesses to reconsider their entity selection to optimize their tax positions. In this article, we will explore the implications of the Nigeria Finance Act 2022 on business structures and discuss strategies for tax-optimized entity selection.

  • Understanding the Changes:

To make informed decisions, entrepreneurs and business owners must first understand the key changes introduced by the Nigeria Finance Act 2022. These changes include revised corporate income tax rates, new deductions and incentives for certain sectors.

Implication: Informed decision-making starts with a thorough understanding of how the Act impacts different business structures.

  • Revised Corporate Income Tax Rates:

The Act introduces a tiered corporate income tax rate structure, with reduced rates for small and medium-sized enterprises (SMEs) and specific sectors such as agriculture and manufacturing. Large companies, however, face a higher tax rate.

Implication: Depending on the size and nature of the business, selecting the appropriate entity structure can result in substantial tax savings.

  • Tax Incentives for Priority Sectors:

The Act offers tax incentives for businesses operating in priority sectors, such as renewable energy, agriculture, and technology. These incentives can include reduced corporate income tax rates and accelerated capital allowances.

Implication: Choosing an entity structure aligned with these priority sectors can unlock significant tax benefits.

  • Pass-Through Entities:

For certain businesses, particularly SMEs, pass-through entity structures like partnerships and limited liability partnerships (LLPs) may offer tax advantages. These structures allow income to flow directly to the owners, potentially reducing the overall tax liability.

Implication: Assessing whether a pass-through entity structure aligns with the business’s size and goals is crucial.

  • Transfer Pricing Regulations:

The Act strengthens transfer pricing regulations, particularly for related-party transactions. Businesses with international operations must consider how these regulations impact their entity selection.

Implication: Choosing an entity structure that facilitates compliance with transfer pricing regulations is vital to avoid penalties and maintain transparency.

  • Environmental Taxes and Levies:

The Act introduces environmental taxes and levies on activities such as plastic packaging and waste disposal. Businesses need to assess how these levies affect their operations and entity selection.

Implication: Careful entity selection can help businesses manage their environmental tax obligations more effectively.

  • Estate Planning Considerations:

Entrepreneurs and business owners should also consider how their choice of business structure impacts estate planning, especially in light of the Act’s provisions on estate tax.

Implication: Estate planning should align with the selected business structure to minimize tax liabilities for heirs.


The Nigeria Finance Act 2022 has brought about significant changes to the tax landscape, making it imperative for entrepreneurs and business owners to rethink their entity selection. The right business structure can lead to substantial tax savings, improved compliance with transfer pricing regulations and better positioning in priority sectors. By doing so, entrepreneurs and business owners can navigate the evolving tax environment in Nigeria while maximizing tax efficiency and business growth.

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.