Nigeria

Nigeria

Restructures and integrates petroleum taxation system

16 Aug 2021

On 1 January 2026, the Nigeria Tax Act, 2025 came into effect, restructuring Nigeria’s petroleum taxation system by amending and harmonizing the fiscal framework established under the Petroleum Industry Act, 2021 and reducing the tax burden. The Act retains a dual-tax system for upstream petroleum operations, combining companies income tax and hydrocarbon tax, and replacing the former petroleum profits tax regime, under which rates ranged from 50 to 85 per cent. Hydrocarbon tax is set at 30 per cent for petroleum mining leases and 15 per cent for petroleum prospecting licences in onshore and shallow-water areas, while deep offshore acreages are exempt. It applies to crude oil, condensates and natural gas liquids, but exempts non-associated gas and certain downstream gas outputs to encourage investment.

Production royalty is volume-based and calculated per field. Rates are 15 per cent for onshore areas, 12.5 per cent for shallow-water areas, 5–7.5 per cent for deep offshore areas and 7.5 per cent for frontier acreages. Gas royalties are 5 per cent, or 2.5 per cent for domestic use. Additional royalties apply at 5 per cent when prices reach $100 per barrel and 10 per cent when prices exceed $150 per barrel. Companies may deduct royalties, rents, drilling expenses and host-community contributions, while benefiting from capital and production allowances. 

The Petroleum Industry Act also allows investors to create security interests over licences and leases, subject to regulatory consent, under the relevant 2023 and 2024 regulations. Existing operators may voluntarily convert their licences in accordance with the transitional arrangements under the Petroleum Industry Act, although they may have to relinquish undeveloped portions of the licence area. Alternatively, they may continue under their existing licences until termination, in which case they remain subject to the previous petroleum profits tax regime. Operators must also contribute 3 per cent of their prior year’s actual operating expenditure to a host-community development fund and may deduct repair costs arising from vandalism, sabotage or civil unrest.

Nature of measure:
  • Other regulatory changes
Type:
  • Entry and establishment (Approval and admission - other)
  • Treatment and operation (Other)
Industry:
  • Primary (Mining and quarrying)
Inward FDI:
Yes
Outward FDI:
No
Sources: