Tax Law Advisory

At CM Advocates, we are home to a team of highly effective, solution-oriented tax lawyers who offer competent service in the form of advisory and dispute resolution in the areas of Tax Law.

CM Advocates serves and can serve a broad range of clients including banks and financial institutions, technology corporations, corporates in the aviation sector, medical and pharmaceutical companies, manufacturing concerns, real estate developers and construction companies, local and international FMCGs, individuals, accounting firms, tax professionals, pension funds, partnerships, closely-held businesses, religious congregations or entities as well as trusts and charities.

We focus on delivering superior tax planning advice and solutions most effectively and efficiently in commercial transactions and in tax disputes for existing companies and start-up companies. We also advise, support and guide new companies in ensuring that they satisfy and comply with all tax requirements that apply to their businesses. We develop formidable tax strategies and templates for their business operations in Nigeria. If the company seeks to generate some of its working capital from foreign or foreign countries, we will advise and provide them with support on matters relating to the issuance of the certificate of capital importation as may be necessary.

When necessary, we interface with tax regulations. We also can represent clients at the Tax Appeal Tribunal, Federal High Court and appellate courts when they require legal representation in resolving tax disputes. Where applicable, we process tax remissions or exemptions for clients including stamp duty exemptions, capital gains exemptions on transfer of property, income tax exemptions for charitable trusts and foundations, and land rates exemptions for religious organizations. In commercial and corporate transactions, we advise clients on the most tax-efficient models to achieve their commercial objectives. Besides, we advise on tax implications M&A, spins, business/asset transfer transactions, demerger, banking and finance transactions, corporate restructuring, estate planning and family settlements as well as charities and trusts.

We also have expertise in various forms of taxation including income tax, customs duties, excise tax, stamp duty, real estate tax, transfer pricing, transfer tax and Value Added Tax. Specifically, the Managing Partner routinely advises on tax obligations for clients engaging with various tax authorities. He has advised on several issues and transactions including:

• Advised Nigeria Agip Oil Company (NAOC) on:
  1. alleged tax obligation to Ondo State in respect of Abo Field (OML 125) under Section 1 (1) Offshore Oil Revenues (Registration of Grants) Act.
  2. NAOC’s obligation under the Nigerian Oil and Gas Content Development Act, 2010 (Local Content Act).
  3. NAOC’s obligation under the Personal Income Tax Act (PITA)
  4. Allocation of Revenue (abolition of dichotomy in the application of the principle of derivation) Act 2004 (the “Allocation Act”)
• Advised Transocean Support Services Nigeria Limited (“TSSNL”) on the validity of the 2006 Tax re-assessment by the Rivers State Inland Revenue Service (“RSIRS”).
• Advised NALCO Energy Services Company LP on whether its relationship with a Nigerian entity constitutes the fixed base of its company in the United States of America to determine whether it is obliged to render tax returns.
• Represented Group 4 Securicor Nigeria Limited (G4S) at the Court of Appeal against Lagos State Internal Revenue Service (LSIRS) on the question of whether LSIRS acted arbitrarily and reasonably exercised its best of judgment by basing parameters used on the assessment of another related company to the G4S.