ANGOLA

1. International Tax Treaties / Joint Order no. 205/17
Creates a technical working group to prepare and coordinate the negotiation of investment protection and double tax treaties.

2. Industrial Tax Annual Tax Return / Order no. 221/17
Authorises the electronic submission of the Industrial Tax annual return (Model 1) for Group A taxpayers, as off the fiscal year of 2016. The electronic submission of Model 1 remains optional.

3. Mutual Administrative Assistance / Presidential Decree no. 135/17
Approves the Cooperation Agreement between Angola and Namibia on mutual administrative assistance in customs matters, notably to prevent customs frauds and illicit trade of drugs.

4. FATCA / Presidential Decree no. 1/17
Following the approval of the agreement between Angola and the USA, Presidential Decree no. 1/17, of 20 June brings into force the regime and sets the framework applicable to the disclosure of information by financial bodies to the tax authorities.

5. Licensing procedures / Presidential Decree no. 75/17
Approves the licensing procedures in the importation, exportation and re-exportation of goods in Angola. The diploma has entered into force in June 6th and only covers operations concluded hereinafter.

 

CABO VERDE

1. Withholding Tax Rates / Decree Law No. 11/2017, of 20 March
Following the amendments made in the beginning of the year to the Corporate and Personal Income Tax Codes on the withholding tax rates applicable to business and professional income, property and capital income, some adjustments have now been introduced to the provisions of Decree Law no. 6/2015, of 23 January – that sets forth the withholding tax regime applicable to the different categories of income. Thus, a 15% withholding tax rate is generally applicable to income from the provision of services and a 10% rate to rental income.

2. Invoices / Order No. 24/2017, of 29 June
Approves new rules for issuing invoices by authorized printers. 

 

CONGO

Oil and gas subcontractors VAT credits – no setoff against other tax credits
Goods and service suppliers to the oil & gas industry do not usually charge VAT to their customers, i.e., oil & gas companies. However, they are charged VAT by their own suppliers, which results in VAT credits. Decree 2001-522, of 19 October 2001, which approved the levy of VAT in the oil & gas industry, sets forth that oil & gas companies’ and their subcontractors’ VAT credits are refundable on the terms of the decree. If the credits were not actually refunded within 30 days, there is a mechanism allowing oil & gas companies to set off the VAT credit against any other taxes payable by them. When the VAT credits were not refunded, this provision was relied on by both oil & gas companies and their subcontractors to set off their VAT credits against any other taxes payable by them: the absence of a specific reference to subcontractors in the decree was put down to mere omission.

On March 3th 2017, the tax administration released an administrative ruling forbidding oil & gas subcontractors to set off their VAT credits against any other taxes payable by them. This prohibition, coupled with the absence of an actual refund, threatens to transform input VAT in a definitive oil & gas subcontractors’ obligation.

 

MOZAMBIQUE

Official Monetary Devaluation Indexes
A Ministerial Order from the Minister of Economy and Finance, dated of 28th December 2016, was published in the Official Gazette in 2017, in order to set the official monetary devaluation indexes applicable to assets and rights sold in 2016, for purposes of Personal Income Tax and Corporate Income Tax.

 

SAO TOME AND PRINCIPE

Presidential Decree No. 16/2017, 14 June
Ratifies the Double Taxation Agreement with Portugal, including an exchange of information mechanism between the two countries. The Convention sets the following withholding rates:

  • Dividends: 10% / 15%
  • Interest: 10%
  • Royalties: 10%
  • Technical Services: 15%

 

TIMOR-LESTE

1. New Customs Code
A new Customs Code was enacted, as per Decree-Law no. 14/2017, of 5th April and condensates several diplomas in a single act, including customs procedures, duties and penalties. The new Customs Code enters into force on July 4th, 2017. Decree-Law no. 9/2004, Decree-Law no. 10/2004, Decree-Law no. 11/2004, Decree-Law no. 15/2005 and Decree-Law no. 5/2007 were expressly revoked.

2. Social Security - Approval of Inscription in the Social Security Regime, Contributory obligations regime and social protection regimes
Following the creation of the East-Timor Contributory Social Security Scheme through Law no. 12/2016, of 14th November, which will enter into force in August 1, 2017, the Government approved, through Decree-Law no. 20/2017, of 24th May, a new social security regime including the applicable statutory contributions, rates and payment rules. The standard contribution rate is 10% (6% for the employer and 4% for the employee).

Additionally, the following social protection regimes have been approved by the Government:

  • Old-age and invalidity pensions (Decree-Law no. 17/2017, of 24th May)
  • Social protection in maternity, paternity and adoption (Decree-Law no. 18/2017, of 24th May)
  • Benefits in the event of death (Decree-Law no. 19/2017, of 24th May)
  • Inscription and mandatory contributions (Decree-Law no. 20/2017, of 24th May)

 

OHADA

Harmonisation of accounting and auditing professional practices in the OHADA member states
Regulation No 01/2017/CM/2017 of June 8th 2017 on the harmonisation of accounting and auditing professional practices in the OHADA member states has recently been published. The Regulation will enter into force on 1 January 2018. Pursuant to this Regulation, legal or contractual audits in one of the OHADA member states must be carried out in compliance with the (i) International Standards on Auditing (ISA) published by the International Federation of Accountants, and (ii) Uniform Act on Accounting Law and Financial Reporting. Practical guides named “Guide pratique des normes professionnelles, Tome 1 : Audit et Commissariat aux comptes – Espace OHADA” and “Guide pratique d’application des normes professionnelles, Tome 2 : Autres interventions des professionnels d’expertise comptable – Espace OHADA” have been drafted to facilitate the implementation of the above rules. In addition, an ethical code for accounting professionals in the OHADA zone and a quality assurance system will also be implemented.

 

All information contained herein are of general nature and for informational purposes only. It does not therefore intend to be nor shall be construed as legal advice on any of the matters addressed.