The Federal Inland Revenue Service (FIRS) has issued clarification on relevant adjustments that may henceforth be required to determine the tax position from foreign currency (FCY) transactions.
The clarification was contained in an information circular to taxpayers, tax practitioners and tax officials and the public on the appropriate tax treatment of FCY transactions in line with the provisions of the relevant tax laws.
The service noted that the International Financial Reporting Standards (IFRS) prescribed the treatment of FCY transactions in the financial statements of an entity for accounting purposes.
It said though the treatment prescribed by the IFRS may be sufficient for accounting purposes, however, such treatments may not be in accordance with extant tax rules which would necessitate making relevant adjustments when computing tax payable.
The revenue agency pointed out that generally, only expenses that are wholly, exclusively, necessarily and reasonably incurred in the production of a taxable income may be deducted in order to ascertain the assessable profits for the relevant year of assessment, in line with Sections 24(1) & 27 of the Companies Income Tax Act (CITA), Sections 20 & 21 of the Personal Income Tax Act (PITA) and Sections 10 & 13 of the Petroleum Profits Tax Act (PPTA).
It stated that Foreign Exchange (FX) difference arises where the rate used in booking a foreign-currency transaction differs from the rate used on a subsequent reporting or settlement date.
FIRS stressed that exchange differences on any item which is monetary in nature is treated as taxable income or deductible expense for income tax purposes
It further stated that FX differences arising from hedging transactions are not taxable income or deductible expenses until the hedged item is realised.
It said realised exchange differences occur when a FCY transaction is closed at an exchange rate different from the booking rate, thereby resulting into payment or receipt of the revalued sum.
The service further explained that unrealised exchange differences do not increase or decrease the tax liability as they must be ignored in the computation of the assessable profits.
It said, “Where unrealised exchange loss is charged to statement of comprehensive income account (i.e., Profit and Loss Account), such unrealised losses are not tax deductible, while unrealised gain are equally not taxable income.
“However, realised exchange differences will increase (in the case of a gain) or decrease (in the event of a loss) tax due as they are included in the computation of the assessable profits.”
The service further provided a template for taxation of monetary and non-monetary items.
It stated, “Exchange differences on the settlement or recovery of a monetary item is a realised exchange difference.
“Exchange differences on foreign currency cash balances are realised upon conversion to another currency or another class of monetary or non-monetary.”
FIRS also stated that unrealised exchange differences recognised for accounting purposes shall not be adjusted in computing the National Agency for Science and Engineering Infrastructure (NASENI) levy at 0.25 per cent of the Profit Before Tax (PBT) for eligible companies.
Same applies to the National Information Technology Development Agency (NITDA) Levy at one per cent of PBT payable by companies specified in the NITDA Act as well as minimum tax payable under section 33(2) of CITA at the rate of 0.5 per cent of gross turnover as defined under section 105 of CITA (less franked investment income) where applicable.
On tax exempt items, the service said exchange differences arising from an item which is exempt from tax is not taxable in the case of a gain, and not deductible in the case of a loss.
It said, “For instance, any exchange gain or loss on the disposal of Federal Government of Nigeria’s (FGN) Eurobonds will not be a taxable income or deductible expense for income tax purposes regardless of the nature of the taxpayer’s business.
“Note that income and expenses relating to tax exempt items shall be disclosed in the tax computation statement or schedule, and shall be segregated by type.
“For example, expenses relating to FGN Naira Bonds and FGN Eurobonds shall be shown separately.”
On documentation and returns, it stressed that a company must keep detailed records of all foreign currency transactions stating the dates, amounts, counterparty, applicable exchange rates.
Furthermore, every company must provide a reconciliation of exchange differences recognised in the income statement, statement of comprehensive income or equity including associated deferred tax analysis.
It further explained that where the service determines that a taxpayer is artificially realising or deferring the realisation of foreign exchange gains and losses with the principal purpose of tax avoidance especially in a related party transaction, necessary adjustments shall be made to the tax due.
FIRS also stated that commissions, fees and other charges associated with foreign exchange transactions including a split or second invoice (where applicable), FX hedging or the application of unofficial exchange rates shall be subject to the wholly, reasonably, exclusively and necessarily (WREN) test to determine tax deductibility.
It said any income earned, including consequential realised exchange gains shall be taxed irrespective of the circumstances unless the income is exempt from tax.
Also, peer-to-peer exchange rates agreed for transactions between related parties shall be subject to transfer pricing rules, the service added.
Moreover, it said offsetting of exchange gains or losses shall be segregated by line of business and by tax regimes.
“For instance, exchange gains arising from a taxable item or business operation shall not be offset against the loss from an item or a business operation that is exempt from tax.”
James Emejo
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