On TikTok and X Tax Non-Compliance in Nigeria
By Shuaib S. Agaka
The National Information Technology Development Agency (NITDA) has raised concerns over the failure of social media giants X (formerly Twitter) and TikTok to meet Nigeria’s tax filing requirements. According to a recent report obtained by PRNigeria titled “Analysis of Compliance with Laws and Misinformation Management by Social Media Platforms in Nigeria,” both platforms have failed to fulfill obligations outlined in the “Code of Practice for Interactive Computer Service Platforms and Internet Intermediaries (CoP for ICSP/II).” Specifically, Parts III, Sections 3–1, and Part II, Section 10 of the framework mandate that platforms operating within Nigeria’s digital ecosystem file taxes on time—a requirement that TikTok and X have not adhered to.
This oversight contrasts with the compliance demonstrated by other global tech giants, such as Google, LinkedIn, and Meta, which have met their regulatory obligations in Nigeria. These companies not only filed their tax returns but also complied with other local laws, reinforcing the expectation that all digital platforms, regardless of their country of origin, respect the fiscal and legal frameworks of the countries they operate in.
The report highlights gaps in the engagement process of X and TikTok, particularly regarding the reporting of taxable income derived from Nigerian users. With TikTok having 23.8 million users in Nigeria and X having 5.75 million active users, the revenue generated from these platforms’ advertising and user activity in the country is substantial. Yet, their failure to remit taxes deprives the government of crucial funds needed for technology development in the country.
The reluctance of platforms like X and TikTok to meet Nigeria’s tax obligations could be attributed to several factors tied to their global operational strategies and perceived regulatory weaknesses. A significant factor is the decentralized nature of these platforms, which often allocate revenue across multiple jurisdictions with lower tax burdens, thus minimizing liabilities. Consequently, they may view compliance with individual markets like Nigeria as less urgent compared to their global operations.
Additionally, the enforcement limitations within Nigeria’s regulatory framework could be a contributing factor. Multinational platforms may perceive Nigeria’s tax enforcement mechanisms as weaker or lacking the cross-border reach necessary to ensure compliance. This perception could embolden their non-compliance, especially when they are more likely to prioritize compliance in countries where penalties are higher or enforcement is more rigorous.
This situation has sparked calls for stricter enforcement measures and increased scrutiny of digital platforms operating in Nigeria. The failure to comply could pose significant problems for these companies, both in terms of their operations and their long-term sustainability in global markets. One of the key issues is the risk of legal and regulatory penalties. As more countries focus on digital taxation, failure to comply with local tax laws can lead to hefty fines, sanctions, or even the revocation of operating licenses. This would not only impact their operations but could also result in reputational damage, leading to a loss of consumer trust and affecting their brand image.
Moreover, non-compliance can strain relationships with governments and regulatory bodies. Failure to adhere to tax obligations can damage ties with countries where these platforms have previously enjoyed positive relations. As tax issues proliferate, it may become increasingly difficult for these platforms to negotiate favorable terms or secure exemptions in the future.
To address these challenges, it’s advisable to levy stricter fines for tax non-compliance on these platforms to avoid creating unfair competition for local tech companies. Furthermore, failing to hold these platforms accountable for tax compliance could undermine Nigeria’s regulatory credibility. When multinational corporations bypass local tax obligations, it creates a perception of double standards, where large foreign companies enjoy exemptions, while local businesses bear the full burden of compliance.
Another serious consequence is the potential loss of critical revenue for the Nigerian government. As digital platforms continue to dominate global markets, advertising revenues and other income generated by Nigerian users are valuable economic resources. Allowing these revenues to go untaxed undermines Nigeria’s ability to leverage its growing digital ecosystem for national development. Over time, this could lead to missed opportunities to fund essential public services and infrastructure, undermining the country’s long-term economic growth.
It is imperative for X and TikTok to recognize the importance of adhering to local tax regulations in the countries they operate. As these platforms continue to profit from Nigerian users, it is crucial that they contribute fairly to the economy by fulfilling their tax obligations. By doing so, they will avoid legal repercussions and demonstrate their commitment to operating responsibly and ethically in global markets.
The digital economy is rapidly growing, and these platforms need to align with local laws to foster long-term sustainability and ensure their continued success across diverse markets. By meeting their tax obligations, they can set a positive example for the industry, proving that global operations can coexist with fair and transparent business practices.
Shuaib S. Agaka writes from PRNigeria Centre Kano
