Posted By: | April 10, 2021 |

Addendum – ‘Withholding Tax: The A-Z of Grossing-Up’

In my 2010 ‘Taxspectives’ article, ‘Withholding Tax: The A-Z of Grossing Up’,1 (the Article), I argued that gross-up clauses in commercial transactions were, subject to proper structuring, perfectly legal and could continue to be used, in the absence of any mandatory prohibition in Nigerian tax law. The controversial bent of the Article was exemplified by respective robust rejoinders (the Rejoinders) from two erudite learned friends: Drs. Obayemi and Oyetunde;2 forcefully contending that my position was wrong. Incidentally, and with the greatest respect, I remain unshaken in my views, even after considering their very persuasive contrary arguments, which - I must concede - clearly enriched discourse on the issue.

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