Angola
 


1. General State Budget for 2017
Law no. 22/16, of 31 December 2016, which approved the Angolan General State Budget for 2017, entered into force on 1 January 2017. We would highlight the following tax provisions:

  • The 10% Special Contribution on Current Invisible Operations (applicable to management services and foreign technical assistance service contracts executed under Presidential Decree no. 273/11, 27 October 2011) is extended for one more year; The 0.1% Special Contribution on Banking Operations, approved by Presidential Legislative Decree no. 1/16, of 24 February, is revoked.
  • In addition, a legislative authorisation is granted to the Angolan President to adapt and harmonise domestic legislation in order to ensure the application of mechanisms for the exchange of information.

2. Urban Property Tax 
Pursuant to Order No. 5/17, of 9 January, a Working Group of Experts was appointed in order to improve the collection of Urban Property Tax.

3. FATCA
As per Presidential Decree No. 162/16, of 29 August 2016, the agreement between Angola and USA to implement FATCA was approved. However, the legal framework based on reciprocal exchange of information on financial accounts subject to disclosure in order to comply with FATCA has not been published yet. Under Dispatch No. 465/16, of 5 October 2016, the Angolan Tax Authorities were appointed as the entity responsible for implementing FACTA in Angola, being also foreseen the enactment of additional legislation in connection with FATCA.


Gabon


Gabon Finance Act 2017 (Loi nº026/2016 du 6 janvier 2017 déterminant les ressources et charges de l’Etat pour l’année 2017).

1. Special Solidarity Contribution (Contribution spéciale de solidarité)
As of 15 March 2017, a 1% monthly Special Solidarity Contribution (SSC) is applicable, notably, to turnover and importations. The SSC mechanism is close to the VAT system. A detailed taxable basis is provided for by the Finance Act. Importations and services directly related to hydrocarbons and mining activities are exempted under certain conditions. Gabonese clients of foreign providers must pay the SSC on behalf of said providers when these have not appointed a local tax representative. Pursuant to Circular Letter 18/MEPPDD/SG/DGI/DLC, dated 15 March 2017, the SSC is deductible from CIT (this is, however, contrary to the provisions of Finance Act 2017).

2. Vocational Training Contribution (Contribution à la formation professionnelle)
A 0.5% monthly vocational training contribution has also been introduced in Gabon. It is calculated on the salaries, allowances, benefits, etc. paid to employees, within the limits provided by the regulations for social security contributions (monthly threshold per employee amounting to XAF 1,500,000).

3. Corporate Income Tax, new filing obligations
Entities with an annual turnover exceeding XAF 1.5 billion (approx. € 2.3 M) must file electronic tax returns. Taxpayers under derogatory tax regimes must file an annual declaration detailing all operations benefiting from a tax exemption, reduction, etc. The documentation to be provided to the Gabonese tax authorities for transfer pricing purposes has been redefined. It is now submitted under an electronic format, in French. Ultimate holding companies must file a declaration detailing the operations of the group, its profits, etc. on a per country basis when the aggregate annual turnover (VAT excluded) exceeds XAF 491,967,750,000 (€ 750 M).

4. Annual wages declaration
The deadline for the filing of the annual wages declaration is now 30 April instead of 31 January.

5. 5% withholding tax on property rents
A 5% withholding tax is applied to property rents, except when these are paid to a legal entity subject to CIT. The taxable basis is the gross rent, VAT excluded. The 5% withholding tax is an advance payment, which is offset against the final income tax payment. Excess payments shall be refunded.

6. VAT
As for the VAT regime applicable to oil and gas operations, reference is now made to the provisions of Law no. 011/2014, of 28 August 2014, regarding the hydrocarbons sector in the Republic of Gabon. The specific VAT provisions previously foreseen in the General Tax Code have been removed.

7. National Health Contribution (Redevance obligatoire à l’assurance maladie)
This contribution is repealed as from 15 March 2017.

8. Payments to public bodies
Payments to public bodies must be made to the Public Treasury. They may then be allocated to the relevant entity.


Mozambique

1. Law no. 13/2016, of 30 December
Approves and republishes the VAT Code. We would highlight the following:

  • Extension of the concept of the local territory for taxation purposes to areas where Mozambique has sovereign rights to prospect, research and explore natural resources, the seabed, its subsoil and the overlying waters
  • Amendment of the rule regarding the location of electronic services, such as the supply of websites, software, music, movies, etc., being now subject to taxation in Mozambique provided that the acquirer is a taxable person resident in Mozambique
  • Shorter deadline for refunds (whenever taxpayers have a credit exceeding Mz. 100.000 the refund is now available after 4 months), whilst refunds above Mz. 500.000 can be lodged at any time
  • Amendment to the legal deadline to submit the VAT returns whenever the taxpayers has credits pending – until 15th of the following month
  • Introduction of fiscal machines for taxpayers required to issue sales receipts, in addition to the authorized or stamped typographies; and
  • Elimination of the VAT exemption applicable to the acquisition of services related to drilling, research and construction of infrastructures for companies in the mining and oil industry during the phase of exploration and research (nonetheless, the application of the latter amendment raises certain queries, since the said exemption is still foreseen in the VAT Code republished version)

2. Law no. 11/2016, of December 30th
Enacts the new Mozambican Customs Tariff Schedule and additional notes. The new statute creates a temporary import use rate, levied by reference to the depreciation of goods, and specific rules for the importation of goods in connection with financial lease contracts. A number of new commodities in the transport, health care and farming and livestock sectors have been contemplated for customs exemptions or reductions. The new Customs Tariff Schedule entered into force on January 1st, 2017.


Sao Tome and Principe
 


1. Decree Law No. 15/2016, of 17 November
Approves a Tax Benefits Code containing the rules on tax incentives applicable to public and private investments, namely regarding exemption of import fees, reduction of Corporate Income Tax rate, special rules on eligible costs, exemption of Stamp Duty and Property Transfer Tax. Specific benefits are also granted for agricultural and the Tourism / Hotels activity.

2. Decree Law No. 18/2016, of 17 November
A certificate of good standing for taxation purposes is now required to access to any licensing procedure.

3. Decree Law No. 22/2016, of 28 November
Amends the Tax Proceedings and Procedure Code, clarifying several provisions regarding enforced collection procedure, notably the seizure of assets, provision of guarantees to suspend the procedure and payment of tax debts in instalments.


Timor-Leste


1. State Budget for 2017
Social security system contribution rates - Pursuant to the general rules of Social Security System of Timor-Leste created by Law no. 12/2016, of 14 November, the State Budget for 2017 set the contribution rates of 6% and 4%, respectively applicable to employers and employees.

2. 2017 Monthly Tax Forms
The following tax forms in connection with the oil industry have been published and are applicable to the calendar year of 2017:

  • 2017 Summary of Monthly Tax Obligations of Timor-Leste Petroleum Tax
  • 2017 JPDA Monthly VAT collection form
  • 2017 Monthly Petroleum Supplemental Petroleum Tax (SPT) Instalment Notice
  • 2017 Timor-Leste Non-resident Monthly Petroleum Withholding Tax Form
  • 2017 Monthly Petroleum Income Tax Instalment Notice
  • 2017 Additional Tax of Petroleum Tax and Offences and Penalties of Petroleum Tax
  • 2017 Timor-Leste Resident or Permanent Establishment Monthly Petroleum Withholding Tax Form
  • 2017 Timor-Leste Resident Employee Monthly Petroleum Wages Withholding Tax Form
  • 2017 Timor-Leste Non-Resident Employee Monthly Petroleum Tax Withholding Form
  • 2017 Monthly Petroleum Additional Profit Tax (APT)/SPT Instalment Notice

 
OHADA
 

The revised OHADA Uniform Act on Accounting and Financial Reporting was adopted on 26 January 2017. It will enter into force on 1 January 2018 for individual financial statements and 1 January 2019 for consolidated financial statements.

 

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.