This followed several requests by taxpayers seeking clarifications on the current administration of Stamp Duties Act in the country.
The clarification guide is contained in a Public Notice signed by Executive Chairman of the FIRS, Muhammad Nami, and published on the official FIRS website, www.firs.gov.ng
Nami said: “stamp duty is a tax payable in respect of dutiable instrument as provided under the Stamp Duties Act, CAP S8, LFN 2004 (as amended). Such instruments include Agreements, Contracts, Receipts, Memorandum of Understanding (MOU), Promissory notes, Insurance policies and others stipulated in the Schedule to the Stamp Duties Act.
“Stamp Duty is chargeable on both physical and electronic instruments in two ways i.e. Ad-valorem, where duty payable is a percentage of the consideration on an instrument; or Flat Rate, where a fixed sum is chargeable irrespective of the consideration on dutiable instrument or document.”
He listed no fewer than 50 types of chargeable transactions which require stamp duty, even as he specified the rates chargeable on each.
A statement issued by Director, Communications and Liaison Department the FIRS, Abdullahi Ismaila Ahmad said that some of the chargeable transactions are bank deposit or transfer, loan agreement, Memorandum of Understanding (MoU) related to land, sales agreement, will, tenancy/lease agreement and all receipts.
He quoted Nami as saying that the recently launched FIRS Adhesive Stamp “is not the same as postage stamp administered by NIPOST for the purposes of delivery of items and documents, and is therefore not a substitute for the FIRS adhesive stamp, which is produced for the sole purpose of stamp duty payment.”
The FIRS helmsman stressed that the burden of payment of stamp duties whether fixed or ad-valorem is that of the beneficiaries of a contract, or Money Deposit Banks’ customers who transfer an amount of N10,000 and above from his account to another customer’s account.
“It is the responsibility of Ministries, Departments and Agencies (MDAs), Money Deposit Banks (MDBs), Companies, Landlords, Executors, etc. to ensure that service providers, contractors, tenants etc. pay stamp duties due on agreements, receipts and other dutiable instruments.
“Failure to deduct or remit stamp duties into the Federal or State Stamp Duties Account attracts relevant penalties and interest as stipulated in the Stamp Duties Act, Cap S8, LFN 2004 (as amended).”
