Obligations to file returns
What are the different obligations to declare which the taxpayer is responsible for?
- Obligation of registration;
- Obligation of localisation;
- Obligation to declare his turnover;
- Obligation to deduct at source and to remit taxes, duties and fees;
- Obligation to preserve documents;
- Obligation to communicate.
What are the prescribed time-frames within which to file returns?
- 15 days following the start of activities for registration;
- Not later than 28 February for the business licence;
- Not later than 15 March for the corporate income tax and the personal income tax (PIT);
- Not later than on the 15th of the month following that of the realization of operations concerning value-added tax (VAT) and excise duties, the special tax on petroleum products (STPP), the instalment of corporate income tax and PIT, factory admission fee, felling tax, mining royalties and taxes, the tax on games and entertainment;
- The export surcharge is paid on the export of logs;
- Not later than 31 January of the year for royalties on surface area and fixed duties in respect to oil taxes;
- Not later than 30 October, 31 January and 30 April for the tax on the profits of oil companies;
- 15 days to one month, for the registration of leases, sub-leases and contracts, as well as their transfer, liquidation and subrogation ;
- One to three months for the registration of company constitutions, extensions, dissolutions and transmission of claims;
- Three to six months for the registration of wills.
How to declare taxes?
- Manually;
- Electronically (e- declaration).
Obligations to pay
When to pay taxes and duties?
Taxes and duties are paid or remitted spontaneously when the declaration is filed. The time-frames for payments are the same as those prescribed for declarations.
How to pay taxes and duties?
- Cash;
- By cheque, if the amount is greater than 200 000 CFA Francs;
- By bank transfer (compulsory for businesses under the Large Tax Unit;
- Electronically (e-payment).
Penalties in case of non-compliance with fiscal obligations
What are the penalties provided for in case of non-declaration, late declaration, late payment or non-payment within the prescribed time frame?
After an inconclusive warning notice, the following penalties can be imposed onto the taxpayer:
Administrative penalties
- Closure of the establishment;
- Application of arbitrary assessment by the Administration;
- Forfeiture of the right to practice;
- Non-deduction of the VAT in case of absence of the single identification number (SIN) on an invoice;
- Forfeiture of the right to deduction of VAT in case of arbitrary assessment;
- Prohibition to import;
- Freezing of bank accounts;
- Exclusion from public contracts.
Monetary penalties
- A fixed fine of 250 000 CFA Francs for failing to file an application for registration within the prescribed time-limit;
- Application of the following additional penalties to the unpaid taxes :
- 50% in case of good faith;
- 100% in case of bad faith;
- 150% in case of fraudulent actions, without prejudice to criminal proceedings;
- Interests for late payment of 1.5% per month, with a maximum of 50%, calculated on the basis of duties charged to the taxpayer, following the notification of the last procedural act;
- For the VAT, a 100 000 CFA francs fine for failing to file a declaration indicating nil tax, after summons to pay;
- A fine of 100% of the transaction value with a minimum of 100 000 CFA francs is applied to any transaction which has not been invoiced or in case of a false or incomplete invoice established, received or used by a professional;
- A fixed fine which can go up to 5 000 000 CFA francs in case of opposition to the right of communication or to the third party holder notice , overcharged with a penalty of 100 000 francs per late day beyond the time-frames indicated on the request.
Criminal penalties
1 to 5 years imprisonment and a fine of 500 000 to 5 million francs or one of these two penalties only for anyone who:
- expressly refuses to file his declaration within the prescribed time-frame;
- organises his insolvency or puts an obstacle to the collection of taxes;
- fails to make or ensure the making of entries;
- keeps inaccurate or fictitious accounts;
- establishes false balance-sheets;
- organises or attempts to organise collective refusal to pay taxes.
In the event of recurrence, the above penalties shall be doubled and the offender is liable to an additional penalty such as prohibition from the right to exercise any industrial, commercial or liberal profession, directly or by intermediary.
