Corporate Income Tax (CIT)

Corporate Income Tax (CIT)

Tax liability

Taxation principle is territoriality, place of registration, and residency.

• Gabonese companies carrying on a trade or business outside Gabon are not taxed in Gabon on their foreign-source profits.
• Gabonese companies are those registered in Gabon, regardless of the nationalities of their shareholders or where they are managed and controlled.
• Foreign companies with activities in Gabon are subject to Gabon corporate tax on Gabonese-source profits.

CIT tax highlights

The simplified regime

Abrogated with finance law for 2022.

The common regime

Rate

Several rates:

• 35% for oil and mining companies
• 30% for other businesses.

The Minimum Tax:

• 1% of annual revenue,
• Flat-rate minimum collection of XAF 1 million, unless the company is exempt.

 Régimes d’imposition

CIT Tax regime  are:

Taxation requirements

• Minimum tax is paid in two installments of the preceding year’s corporate tax. 25% due on 30 November and 33.33% due on 30 January.
• Final Tax being Maximum between two installments, 1 million lump sum minimum, and CIT rate payable latest 30^th of April when filing the tax return
• Penalty of 10% for the first month and 3% for subsequent months is applicable if paid out of deadline
• Taxable income is based on financial statements prepared according to OHADA (organization for the harmonization of business law in French-speaking Africa) standard
• Fiscal year starts from January 1^st to December 31^st
• Branch CIT rate is as per rate above.
• Dividend of branches is fully considered as distributed. Tax rate is 15%. Could be 10% under some conditions.
• Meanwhile dividend paid to individuals is subjected to 20% dividend tax
• Double Tax Treaty(with France, Canada, Belgium, Benin, Ivory-coast, Morocco, Sénégal, Togo, and CEMAC) reduces or exonerates Branch dividend tax
• Companies created / registered during the six-month of the second half of the year can extend their fiscal year up to December N+1
• Losses are carried forward for 3 years
• Losses attributable to depreciation may be carried forward indefinitely.
• Losses may not be carried back.
• The statute of limitations period for CIT is four years following the year in which the tax was due.

 Business expenses deductibility

• Business expenses are generally deductible unless specifically excluded by law.
• They must be real and justified, related to fiscal year, not excluded from deductible expenses by the law, and not considered as an abnormal transaction.
• They must be included in the expenses for the year in which they were incurred. Expenses from previous years are not deductible.

Here are some major restrictions and/or limitations:

• Head office and remuneration of studies, technical, financial or administrative assistance paid to non-residents deduction is limited at 5% of chargeable income before taking into account such expenses
• Rent expense for movable equipment paid to a shareholder holding, directly or indirectly, more than 10% of the capital is not deductible
• Interests paid to shareholders more than the central bank annual rate plus two points, are not deductible
• Commissions and brokerage fees exceeding 5% of purchased imports are not deductible
• Non-arm’s length expenses and payments between a company that is under the control of a company or group located outside the CEMAC zone, or a company controlling a company located outside the CEMAC zone, are considered abnormal management act, and cost might not be deductible
• Most liberalities, gifts and subsidies are not deductible. Some of them are limited to 1% of turnover.
• Expenses must be registered in the company books as an expense of the related fiscal year
• Fixed assets may be depreciated using the straight-line method at rates specified by the tax law (minimum, 8% to 33.33% Maximum)
• An accelerated depreciation method may be used for certain fixed assets, subject to the approval of the tax authorities.

Last Update: 27 of November 2023