Court rejects Delta’s 5% consumption tax on VAT transactions

The Federal High Court in Abuja has dismissed provisions of the Delta State Hotel Occupancy, Restaurants and Departmental Stores Consumption Tax Law, 2017, which imposed a five per cent consumption tax on transactions already covered by the Value Added Tax (VAT) regime. The court ruled in favour of the Nigeria Employers’ Consultative Association and Retail Supermarkets Nigeria Limited, who challenged the validity of the law, arguing that it created overlapping tax obligations on goods and services already subject to VAT.

Justice Peter Lifu dismissed Sections 3 and 4 of the law, as well as Section 7(b), Item 13 of the Schedule to the Taxes and Levies (Approved List for Collection) Act (Amendment) Order No. 77 of 2015, and issued a perpetual injunction restraining relevant authorities from implementing or enforcing the affected provisions.

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