Tax Policy And Tax Legislation In The Nigerian Upstream Oil And Gas Industry: Achieving Certainty, Clarity, Consistency and Simplicity in Tax Policy and Law Making, Interpretation and Implementation

The subject of this research is the uncertainty in fiscal and tax policy and tax law in the Nigerian upstream petroleum tax system. The study examines how certainty, clarity, consistent understanding and simplicity in implementation may be achieved. The basic themes examined include the age and evolution of petroleum fiscal policy and tax legislation and regulations, the role of clear and consistent policy articulation and formulation, law making in the context of the Nigerian fiscal federalism and the commanding control and ownership of oil and gas resources by the federal government (FG). The critical role of structured evolution, form and substance of language, competent legislative drafting, stakeholder engagement, administration and judicial intervention in achieving these objectives are examined.

Using primarily a combination of fiscal and tax policy reviews, black letter analysis of the law, review of judicial decisions and the comparative analysis of selected jurisdictions, the research advances five (5) main claims. First, is that although taxation is statute based, it reflects the social, economic, cultural values and aspirations of a people and should appropriately be reflected in the government policy and governance model. Translating these values into ascertainable fiscal and tax policy, which then get articulated and drafted into statute, present definite challenges. Second, that the principles and objectives that underpin taxation and tax systems, are not always clear or aligned and may affect or determine the level or degree of clarity, certainty, and consistency (CCC) in tax understanding, interpretation, implementation, and compliance. Third, it subscribes to the view that language and communication also present special challenges to articulating fiscal and tax policy and the drafting of tax statutes. Fourth, in terms of understanding taxing provisions, and the interpretation and implementation of taxation provisions, the tax authority, taxpayer and the courts or tribunals have significant roles to play. Fifth, the objective should be to keep statute language simple, and principle guided through competent drafting, research and engagement.

Some of the questions addressed in the research include: why uncertainty arise and how this may be reduced or avoided? Also, how Nigeria’s fiscal federalism, and the exercise of legislative powers, drafting competence and reform affect the level or degree of certainty in upstream petroleum law and taxation. By comparative analysis of the design, evolution and implementation of fiscal and tax reforms in the petroleum revenue tax systems in Canada and the United Kingdom, what lessons may be learnt. Lastly, to what extent the reforms embarked on by Nigeria, resulting in the enactment of the Petroleum Industry Act (PIA) 2021 has achieved certainty and simplicity in upstream petroleum taxation