The Court of Appeal on 2 December 2014 delivered a judgment on the deductibility of recharges by non-resident companies filing income tax returns under the deemed profit regime in a case brought before it by the Federal Inland Revenue Service ("FIRS") against Halliburton West Africa Limited ("HWAL").
The new judgement overturned the decision of the Federal High Court which had set aside the judgment of the Body of Appeal Commissioners that decided the case in favour of the FIRS. The Court of Appeal ruled in effect that where a non-resident company is assessed to tax on deemed profits basis, additional tax assessments can be raised by the FIRS on the discovery of new facts or previously undisclosed information.
Read our tax alert below for further insights and download a copy of the judgement below.
Download PwC Tax Alert_Court of Appeal upturns ruling of Federal High Court on recharges
Download Court of Appeal_Judgement on Recharges_2Dec2014
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