Transfer Pricing Rules and Non-Resident Corporations in Lagos: A Practical Approach.

A Rose by any other name - how do SA TP rules stack up against the global  norm - Regan van Rooy


As the economic center of Nigeria, Lagos attracts a significant number of non-resident corporations looking to tap into its bustling business environment. However, along with the opportunities, non-resident corporations must navigate the complexities of transfer pricing rules set forth by the Lagos Inland Revenue Service (LIRS). This article provides a practical approach to understanding and complying with transfer pricing regulations when operating as a non-resident corporation in Lagos.

What is Transfer Pricing?

Transfer pricing refers to the pricing of goods, services, or intellectual property transferred between related entities, such as a parent company and its subsidiary or two subsidiaries of the same parent company. It is essential to determine the appropriate price for such transactions to ensure fair and equitable taxation in both the home country and the host country, in this case, Lagos.

Why Does Transfer Pricing Matter for Non-Resident Corporations in Lagos?

For non-resident corporations operating in Lagos, transfer pricing is crucial for several reasons:

  1. Tax Compliance: Lagos tax authorities, including the LIRS, require non-resident corporations to comply with transfer pricing regulations to prevent profit shifting and tax avoidance.
  2. Avoiding Penalties: Non-compliance with transfer pricing rules can result in severe penalties, including fines and additional taxes.
  3. Maintaining Reputation: Complying with transfer pricing regulations enhances a corporation’s reputation, demonstrating ethical business practices and transparency.

Practical Steps for Non-Resident Corporations:

  1. Documentation: Maintain detailed documentation of all related-party transactions, including contracts, invoices and any evidence supporting the pricing methodology chosen.
  2. Market Research: Conduct thorough market research to determine the arm’s length price for transactions. Comparability analysis is key to justifying your pricing decisions.
  3. Selecting a Transfer Pricing Method: Choose an appropriate transfer pricing method that aligns with your specific transactions. Common methods include the Comparable Uncontrolled Price (CUP) method, Cost Plus method, and Resale Price method.
  4. Transfer Pricing Study: Consider conducting a transfer pricing study or engaging a professional transfer pricing consultant. This study will help assess your transactions, identify risks, and establish a defendable pricing strategy.
  5. Advance Pricing Agreements (APAs): Explore the possibility of entering into an APA with the LIRS. An APA is a formal agreement between a taxpayer and the tax authority that provides certainty regarding the transfer pricing method and pricing for specific transactions.
  6. Consult with Experts: Seek advice from transfer pricing experts who are well-versed in both Nigerian and international transfer pricing regulations. They can provide guidance on compliance and strategy.

Challenges and Risks:

Non-resident corporations operating in Lagos may face several challenges and risks related to transfer pricing, including:

  1. Complex Regulations: The intricacies of transfer pricing regulations in Lagos can be challenging to navigate without expert guidance.
  2. Documentation Burden: Maintaining detailed documentation for all related-party transactions can be time-consuming and resource-intensive.
  3. Audit and Penalties: Non-resident corporations may be subject to audits by the LIRS to assess transfer pricing compliance. Penalties for non-compliance can be significant.
  4. Currency Exchange Risks: Fluctuations in exchange rates can impact the pricing of transactions, potentially leading to transfer pricing issues.


Transfer pricing rules are a critical consideration for non-resident corporations operating in Lagos. Compliance is not only a legal requirement but also essential for maintaining a positive reputation and avoiding penalties. By taking a practical approach, including thorough documentation, market research, and seeking expert advice, non-resident corporations can navigate the complexities of transfer pricing regulations and contribute positively to Lagos’ business landscape.

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.