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and are a vital part of the socio-
economic landscape in sub-Saharan
Nigerian Telecommunications Africa, Nigeria inclusive. Perhaps, the
Sector and the Tax Regime (Part better view is that governments that
levy luxury taxes on mobile subscribers
2)
should through consultation with
industry stakeholders and other experts
March 2009 Vol.13 Issue # 3
consider the impact of lowering and
removing mobile specific taxes.
The report asserts that subscribers in
Africa faced some of the highest tax
rates in the world, just as the continent
Beyond high taxation, multiple taxes
had also become a major expansion
paid by small and medium scale
target for foreign companies.
entrepreneurs, ICT and telecom
operators inclusive, is a major obstacle
retarding economic growth and
Telecommunications operators argue
deployment of ICT tools. It would be
that high taxes are holding back mobile
desirable for the various levels of
adoption in Africa, curbing economic
government to rationalize the various
growth and ironically, are actually
taxes imposed at different levels of
lowering the total revenues collected by
government.
government.

It is believed that African governments


The government and allied institutions
would earn an estimated $71 billion in
should initiate policies and create sound
tax revenues paid by mobile phone
business environment that would
operators by 2012 if all mobile-specific
promote the growth of Micro, Small and
taxes in sub-Saharan Africa are
Medium Scale Enterprises (MSMEs) and
removed. It was also estimated that an
reduce duties to make network
additional 43 million people could get
installations, ICT tools and service rate
connected by 2012 leading to an increase
cheaper for the consumer.
of $930 million in tax.
While in other countries, the citizens get
value for the taxes they pay which are
It would seem that looking at multiple
expended on providing a conducive
taxation vis-à-vis growth in the
environment for the people, Nigeria
industry, taxing mobile phones as a
remains a peculiar case where
luxury is not appropriate and should be
government collects taxes and the
reassessed by the government because
mobile phones boost GDP, creates jobs

©Blackfriars LLP 2009. All rights reserved. This document is for general guidance only. Definitive advice
should be sought from counsel if required. Blackfriars LLP is a Nigerian law firm with a representative
office in Toronto, Canada.
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citizens do not get value for it.

Government may also do well to


consider tax holidays and concessions to
telecommunications operators. Telecom
investors who build factories for the
local production of telecoms parts and
accessories in Nigeria should receive
significant tax holidays.

For further inquiries, please contact:

Ms. Nkeiru Onyeaso


Tel: +234 808 718 0833
Email: Nkay@blackfriars-law.com
Fax: +1 646 536 8978

Dr. Virtus Igbokwe


Tel: +234 802 220 4755
Email: Virtus@blackfriars-law.com
Fax: +1 646 536 8978

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©Blackfriars LLP 2009. All rights reserved. This document is for general guidance only. Definitive advice
should be sought from counsel if required. Blackfriars LLP is a Nigerian law firm with a representative
office in Toronto, Canada.

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