Taxation

Administrateur — 2020-05-11T16:00:21Z

Ordinary tax regime

Tax	Material or taxable base	Rate
Corporate income tax	Profit made in Congo	30 %
Rental income tax	Renting buildings in Congo	22 %
Tax on income from movable property	(Dividend, Interest, Royalties) paid to Congo	20 %
Taxes on the surface area of land concessions	Surface area of properties located in Congo	Depending on the location of the dealership
Value Added Tax	Purchase of goods manufactured in Congo, purchase of services rendered in Congo, import of goods.	16 %
Business tax on remuneration	Gross salary of national and expatriate employees. It is dependent on the employee.	The rate is progressive and cannot exceed 30% of the gross salary.

Special tax and customs regimes

Tax and customs regime for the mining sector

Tax	Material or taxable base	Rate	Other advantages
Tax on the surface area of mining concessions	Mining Research Titles - For the first 2 years - After the first 2 years Mining titles	2.5 USD 26 USD 425 USD
Corporate income tax	Profit made in Congo	30 %	Exceptional depreciation Foreign currency bookkeeping
Tax on interest	Interest on foreign loans	0 %
Dividend tax	Dividend paid	10 %
TVA	Domestic sale: - to a processing company - to another entity Domestic Purchasing of Services
1st(Exceptional Tax on Expatriate Remuneration)		10 %	Tax deductible from profit
Mining royalty	Sale of Mineral Products Abroad	4 %	Calculated on the sales price minus sales and distribution costs

Investment Code regime

Tax	Rate	Observations
Duties and taxes on imports of machinery, plant and equipment	0 %	Excluding the 2% administrative tax and VAT (refundable)
Export duties and taxes	0 %
Income tax	0 %	For a period of 3, 4 or 5 years.
Proportional rights when creating SARLs or increasing their share capital.

Tax and customs incentives

Administrateur — 2020-05-11T15:53:14Z

The Investment Code provides for attractive customs and tax exemptions for the benefit of investors who present to ANAPI their investment projects (Business Plan), once the project is approved by ANAPI within a period not exceeding 30 days, the investor benefits from the customs, tax and parafiscal advantages hereafter:

Exemption from import duties and taxes on machinery, materials and equipment (excluding the administrative tax of 2% and VAT (to be paid upstream by the promoter, but to be reimbursed by the Tax Administration).
Exemption from corporate income tax
Exemption from property tax
Exemption from proportional rights when creating SARLs or increasing their share capital.

The duration of the advantages granted is 3, 4 or 5 years depending on the economic region where the investment is located:

3 years: economic region A (Kinshasa, the Capital);
4 years: economic region B (Bas-Congo, cities of Lubumbashi, Likasi, Kolwezi);
5 years: economic region C (everywhere else).

A decree of the Prime Minister has just been promulgated since 1 November 2012 on measures to implement the Investment Code. This text insists on the investor benefiting from the advantages resulting from the approval of his project within the legal period of 30 days and sets up the mechanism as after this 30-day period, the approval is deemed to have been granted. Consequently, the financial agencies are bound to make the investor enjoy all the customs, tax and para-fiscal advantages provided for by the Investment Code, in view of the receipt of the file submission signed by ANAPI's General Manage

Besides, in order to facilitate the investment materialization, the approval decision taken by ANAPI (not yet approved by the Interministerial Order / Plan and Finances) can, if necessary, be presented by the investor to the customs administration, for the authorized removal of the approved equipment, materials and tools.

The conditions for accessing the benefits of the Investment Code are simple. They are as follows: