General Tax Code 2021
General Tax Code 2021
General Tax Code 2021
Official Edition
Directorate General of Taxation
WebSite : www.impots.cm
Toll free number : 82 00
General Tax Code – 2021 Official Edition - II
CONTENTS
Section 1: (1) This Law shall institute the General Tax Code.
146).
(4) Book III contains the local fiscal system (Sections C.1 to C. 149)
Platform ........................................................................................................ 5%
Leased Lines ................................................................................................. 1%
Passenger carriages ...................................................................................... 5%
Line-side structures
Culverts- box drains- road beds- earth structures .................................... 6.67%
Bridges, Tunnels – Viaducts ........................................................................ 5%
Level crossings ............................................................................................. 5%
Leased line-side structures ........................................................................... 2%
Locomotives
Purchase of new engines or engines below 10 years ................................... 5%
Rehabilitation
Body of the engine ....................................................................................... 5%
Diesel engines .............................................................................................. 5%
Traction engines ........................................................................................... 5%
Complete overhaul of CC engines .......................................................... 8.33%
Complete overhaul of BB engines ........................................................ 12.55%
Partial overhaul of CC engines .............................................................. 16.67%
Partial overhaul of BB engines ................................................................... 25%
Second-hand rail cars .............................................................................. 10%
Road engines ................................................................................................ 5%
Other equipment used for railway activities
Radio equipment and modems ................................................................... 15%
Antennas, beams and level crossing signs ................................................. 20%
Leased telecommunications and flagging equipment .................................. 5%
Passenger transport vehicles ........................................................................ 5%
Goods transport carriages ............................................................................. 5%
Furniture and Fittings and other equipment
Furniture and fittings and other equipment ................................................ 10%
Special Depreciation
Fishing equipment
Fishing vessels ............................................................................................ 15%
Hotels, bars, restaurants
Glassware, plates and dishes, kitchen utensil ............................................. 50%
Linen ................................................................................................... 33.33%
Silverware ................................................................................................... 20%
Decoratives ................................................................................................. 20%
Carpets, curtains and dyeing materials ....................................................... 25%
Fridges and air-conditioners ....................................................................... 25%
Cookers ....................................................................................................... 20%
III. PESTICIDES
84362100.000 Hatcher
90178000.000 Ichtyometer
84362100.000 Incubators
2208 20 00 to 2208 90 92 Spirits, whiskies, rum, gin and other spirits, etc., except: 2208
90 10 "undenatured ethyl alcohol..." 2208 90 10 "undenatured
ethyl alcohol..."
Non-returnable packaging
Games of chance and entertainment, including lotteries and
pari-mutuel betting games or simple bets
6309.00.00.00.000 Second Hand Goods
4012.20.00.100 to
Second-hand pneumatic tyres
4012.20.00.900
9614.00.000
2403.11.00.000
Pipes and parts thereof, tobacco and pipe preparations
2403.19.90.000
3824.90.00.000
Perfumes and cosmetics
Passenger vehicles with a cylinder capacity not exceeding 2
500 cm3 , more than 10 to 15 years old
Passenger vehicles with a cylinder capacity exceeding 2 500
cm3 , 1 to 15 years old
Other commercial vehicles, public transit vehicles, trailers,
tractors, excluding agricultural tractors of any engine size,
over 15 to 25 years old
Passenger vehicles with a cylinder capacity not exceeding 2
500 cm3 , more than 15 years old
Passenger vehicles with a cylinder capacity exceeding 2 500
cm3 , more than 15 years old
Other commercial vehicles, public transit vehicles, trailers,
tractors, excluding agricultural tractors of any engine size,
over 25 years old
2403.11.00.000,
2403.19.90.000,
324.90.00.0000 and Pipes and parts thereof, tobacco and preparations for pipes of
9614.00.000 the respective tariff headings
6703. to 6704 Hair, wigs, wool, beards, eyebrows, eyelashes, locks and
other textile materials prepared for the manufacture of wigs or
similar articles of hair
1704
Sugar confectionery without cocoa
1806.20 to 180690 Chocolates and other food preparations with a high cocoa
content
Motorcycles with a cylinder capacity not exceeding 250 cc
2103 to 2104
Preparations for consumption
2105
Ice cream for consumption
…… ……..
Hydroquinone and cosmetic imported products from Chapter
29072200000
33 containing hydroquinone
….. ……..
4418. 10 00 000 ;
4418.20 00 000 ; 4418.73
00 000 to 4418.74 00
Imported wooden articles and furniture
000 ; 9403. 30 00 000 ;
9403.50 00 000; 9403.60
00 000
3401. 19 10 000 to imported soaps, organic surface-active preparations and
3402.90 00 000 cleaning preparations
4818. 10 00 000 imported toilet paper
1602.41 00 000 ; 1602.42
00 000 ; 1704.10 00 000 ;
imported food products
1704.90 90 000 ; 1806.90
00 000 and 1905.
5514.to 5516. imported woven fabrics of synthetic and artificial staple fibres
Value of Usufruct
Value of Ownership without
as compared to
Age of Usufructuary usufruct as compared to the
the value of
valueof full ownership
fullownership
Description Format
Length Width
- register page 54 42
Register
(42 x 54) 1,500 CFAF
paper
Normal
(29.7 x 42) 1,000 CFAF
size paper
SUBDIVISION II:
- foodstuffs sold in the open from
500 to 1,000 CFAF per quarter
EXEMPTIONS
- foodstuffs sold in a shop: from
Section C 74.- The following shall
1,000 to 1,500 CFAF per
be exempted from this tax:
quarter;
- firearms belonging to the State; - buildings: from 10,000 to 25,000
- service revolvers and pistols CFAF annually
belonging to servicemen in (3) The amount of tax shall be
active service and reserve fixed by resolution of the
officers; municipal council
- fire arms in shops and (4) Any violation of the rules of
commercial warehouses so long hygiene and sanitation shall be
Section C 132.- (1) The control of Section C 136.- Petitions for local
local taxes shall be carried out by tax disputes shall be governed by
the competent State services. the rules and procedures laid down
in the manual of tax procedures,
(2) The control of council taxes subject to the specific provisions
shall be carried out by the governing council taxes.
competent council services.
Section C 137.- Claims relating to
Section C 133.- Some control council taxes shall be brought
operations may be carried out
Section 1 (New law No 90–50 of 19 December 1990).- This Law institutes taxes on wages paid out to be
known as the Housing Loans Fund Tax and the Employment Fund Tax.
Section 2 (New Law No 90-50 of 19 December 1990).- (1) The proceeds from the Housing Loans Fund
Tax, shall serve as a source of revenue for the Housing Loans Fund, the purpose of which is to give
financial assistance to housing development projects.
(2) The proceeds from employment Fund Tax shall serve as a source of revenue, for the National
Employment Fund, the purpose of which is to promote employment in Cameroon.
Section 3 (New Law No 90-50 of 19 December 1990).- (1) All wage-earners and employers in both the
public and private sectors shall be subject to Housing Loans Fund, and the Housing Loans Fund Tax.
(2) All employers in public, semi-public and private sectors shall be liable to the Employment Fund Tax.
(3) Notwithstand the provisions of subsections 1 and 2 above, the following shall be exempted from the
tax paid by employers to National Employment Fund:
- the State;
- councils;
- the Chamber of Commerce and Industry and the Chamber of Agriculture;
- the Diplomatic and Consular Missions;
- non-profit-making Associations and Bodies;
- and subject to conditions to be determined by decree;
- individual farmers and livestock breeders;
- private educational institutions;
- denominational hospital establishments;
- professional and lay social welfare institutions.
Section 4 (New Law No 77-27 of 6 December 1977).- The tax shall be levied as follows:
- as regards wage-earners, on the gross amount which serves as the basis for calculating the proportional
tax; as regards employers, on the amount of wages, allowances, and perquisites as well as the real
value of the benefits in kind in the form of housing, domestic servants, water, electricity, and food,
paid or granted to their personnel.
Section 5 (New Law No 77-27 of 6 December 1977).- The following shall not be taxed:
- family allowances;
- pensions and life annuities;
- the wages of domestic servants;
- workers earning low wages under conditions to be fixed by decree.
Section 6 (New Law No 90-50 of 19 December 1990).- (1) The rate of the Housing Fund Tax shall be
fixed at 1% for wage-earners, and at 1,5% for employers.
(2) The rate of the Employment Fund Tax shall be fixed at 1%.
(3) The amount on which the tax is levied shall be rounded to the nearest thousand francs below.
Section 7 (New Law No 90-50 of 19 December 1990).- (1) The tax paid by wage-earners to the
Cameroon Housing Loans Fund shall be deducted at source by the employer and paid into the treasury,
2) As regards the tax payable by employers, only the 25% penalty shall apply.
Section 13.-Any taxpayer who, after receiving formal notice, does not produce the return within thirty
days, shall be subject to arbitrary assessment and the amount due shall be increased by 50%. They may be
doubled if the taxpayer cannot establish his good faith.
Section 14 (New Law No 90-50 of 19 December 1990).- In the event penalization and where the
taxpayer established his good faith, the Director of Taxation shall have the power to effect a compromise
where the amount of the penalty is less than 5, 000, 000 (five million) francs. For any amount above this
sum, only the Minister in charge of Finance shall have competence to decide.
Tranche Redevances
from 0 To 50,000 CFA francs 0
from 50,001 To 100,000 CFA francs 750
from 100,001 To 200,000 CFA francs 1,950
from 200,001 To 300,000 CFA francs 3,250
from 300,001 To 400,000 CFA francs 4,550
from 400,001 To 500,000 CFA francs 5,850
from 500,001 To 600,000 CFA francs 7,150
from 600,001 To 700,000 CFA francs 8,450
from 700,001 To 800,000 CFA francs 9,750
from 800,001 To 900,000 CFA francs 11,050
1,000,000 CFA
from 900,001 To 12,350
francs
above 1,000,000CFA francs 13,000
Section 4.- (1) The audiovisual communication tax payable by natural persons
and corporate bodies subject to the business license, shall be assessed on the
basis of the same rules, gurarantees, and penalties applicable to the business
license.
(2) The fixed annual amount of the audiovisual communication
tax payable by the natural persons, and corporate bodies referred to above
Section 8.- (1) The audiovisual communication tax due by employees shall
be paid upon the presentation of a declaration of the said tax signed by the
employer on forms supplied by the administration. The forms may be obtained
from the Treasury or from the services of the Department of Taxation.
(2) The declaration shall have the following entries:
- full name or business name;
- address;
- period of assessment;
- amount of the audiovisual communication tax deducted at source.
(3) The declaration must be certified, dated and signed by the taxpayer or his authorized representative.
(4) Three copies of the declaration must be attached to the payment made to the Treasury.
5) Where the employer fails to declare the audiovisual communication tax payable by his employees, he
shall be liable to a fine of 10, 000 francs.
Section 9.- Any natural person or corporate body liable to the audiovisual communication tax, shall be
required to submit to the Taxation Services each year and within the time limit allowed for their turnover a
statement showing the monthly and individual amounts of the audiovisual communication tax,
the date and the number of the receipt for each of the payment.
Section 10.- Failure to deduct or pay the audiovisual communication tax due by employees, or the late
payment thereof shall come under the same penalties applicable to the direct tax on salaries and wages.
Section 11.- The audiovisual communication tax corresponding to the business license shall be paid at the
same time as the business license, on the basis of the same rules guarantees and penalties.
Section 12.- (1) The proceeds from the audiovisual communication tax shall be paid into a special account
opened at the Treasury for the benefit of CRTV.
(2) The conditions for operating the account shall be laid down by an order of the Minister in Charge of
Finance.
Section 13.-This ordinance shall be registered and published in the Official Gazette in English and French.
Section 1.- This law reviews the procedures for the collection of social insurance contributions.
Section 2.- Contributions owed to the body in charge of social insurance by employers, shall be assessed,
validated, and collected by the tax authority at the request of and for the National Social Insurance Fund
under the same conditions and within the same deadlines as those provided for by the
General Tax Code.
Section 3.- The basis of assessment of social insurance contributions shall be fixed in accordance with the
assessment regulations governing social legislation.
Section 4.- Social insurance contributions already validated, and finally notified to the employers before
the enactment of this law shall be recovered under the same conditions as those provided for in Section 2
above.
Section 5.- The conditions for implementing this law shall be laid down by joint order of the Minister in
Charge of Social Insurance and the Minister in Charge of Finance.
Section 6.- This law which repeals all previous provisions repugnant hereto shall be registered, published
according to the procedure of urgency and inserted in the Official Gazette in English and French.
CHAPTER TWO
PROVISIONS RELATING TO THE GENERAL TAX CODE
SECTION THIRTEEN: The provisions of Sections 7, 12, 17a, 43, 74, 74a, 82, 105, 108 (new), 109,
109a, 122, 124b, 130a, 142, 147, 149, 235a, 235b, 235c, 242, 243, 244a, 247a, 337, 543, 546, 589, 591,
592, 597, 599a, 609 to 613, M1, M7, M8, M41a, M53, M105b, M124a and C 118 of the General Tax
Code, are amended and/or supplemented as follows:
BOOK ONE
TAXES AND DUTIES
PART I:
DIRECT TAXES
CHAPTER I:
COMPANY TAX
DIVISION III
TAXABLE PROFITS
Section 7: Net taxable profit shall be established after deduction of all charges directly entailed by the
exercise of activities subject to assessment in Cameroon, in particular:
B – Financial costs
Interest on sums of money left or placed at the disposal of the company by partners in addition to their
capital shares, irrespective of the form of the company, within the limit of those calculated at the rate of
the central bank advances increased by two percentage points, and subject to the following conditions:
- Existence of a written and duly registered loan agreement;
- Subscribed share capital fully paid up.
The rest shall remain unchanged.
C – Actual losses
The following shall be deductible from the profit:
- ………………………………………………………….. ;
- ………………………………………………………….. ;
- losses due to damage duly established and validated in the presence of a taxation officer with
at least the rank of an inspector, under the conditions specified in the Tax Procedures Manual.
However, for damages and breakages incurred by companies in the brewing sector, the related
losses shall be deducted at a flat rate of 0.5% of the total production volume.
DIVISION VI
CALCULATION OF TAX
Section 17a: (1) Notwithstanding the provisions of Section 17 above, the rate of company tax for
taxpayers with a turnover equal to or less than CFAF 3 (three) billion shall be fixed at 28%.
(2) The rate provided for in (1) above shall be effective as from the financial year ending on 31
December 2020.
CHAPTER II
PERSONAL INCOME TAX
DIVISION II
BASIS OF ASSESSMENT OFTHE PERSONAL INCOME TAX
SUB-DIVISION II
INCOME FROM STOCKS AND SHARES
II – EXEMPTIONS
Section 43: The following shall be exempted from Personal Income Tax:
- ……………………………………………………………… ;
- Interest accruing on savings accounts containing deposits of more than CFAF 50 (fifty) million;
The rest shall remain unchanged.
DIVISION V
OBLIGATION TO FILE RETURNS
Section 74: All professional taxpayer liable to Personal Income Tax shall file annual returns of their
income during the past year no later than 15 March of each year.
Individual holdings falling under the specialized management units shall file their returns to these entities.
Where an individual farm does not belong under a specialized management unit but has several
establishments spread over the territory of several tax centres, it shall, in addition to its monthly tax returns
to each of these centres, compulsorily file to the tax office where its main establishment is found a
summary tax return showing its turnover by establishment.
The annual summary tax return shall lead to adjustments, where applicable.
...........................................................................................................................................................................
.......................................Deleted.
...........................................................................................................................................................................
....................................... Deleted.
CHAPTER III
GENERAL AND COMMON PROVISIONS ON COMPANY
AND PERSONAL INCOME TAX
DIVISION V
TAX INCENTIVES
A. MEASURES RELATING TO YOUTH EMPLOYMENT PROMOTION
Section 105: Firms falling under the actual earnings tax system which recruit Cameroon graduates below
35 years for first-time jobs or pre-employed internship on open-term contract basis shall be exempted from
taxes and contributions on the salary paid to such young people, excluding social security contributions
Such exemption shall only be granted to firms falling under the actual earnings tax system or members
of an Approved Management Centre.
The rest shall remain unchanged.
Section 108 (new): Companies whose ordinary shares are listed on the Central African Stock
Exchange shall be entitled to the following company tax reduction rates:
(a) A reduced corporate tax rate of 25%;
(b) A reduced rate of 1.5% on down payment and minimum company tax collection.
Section 109: Companies that issue stocks on the Central African Stock Exchange shall be entitled to a
reduced company tax rate of 25%.
Section 122: Companies involved in agriculture, stock breeding and fisheries shall benefit from the
following tax incentives:
- …………………………………………………………………………………………… ;
- exemption from VAT on the purchase of pesticides, fertilizers and inputs, as well as for
agriculture, stock breeding and fisheries equipment and materials listed in the Annex to this
Part;
The rest shall remain unchanged.
ANNEX TO PART I
LIST OF AGRICULTURE, STOCK BREEDING AND FISHERIES EQUIPMENT AND MATERIALS
EXEMPTED FROM VAT
I. SEEDS
Tariff Heading Product Identification
2) Animal seeds
VI.
………………. ……………………………………
03019900.000 Mature broodstock, larvae and fry of Tilapia
03019900.000 Mature broodstock, larvae and fry of Clarias
03019300.000 Mature broodstock, larvae and fry of Carp
03011900.000 Broodstock of other exotic or endogenous fish species for
breeding
03019900.000 Broodstock larvae and fry
……….. …………..
84335900.000 Castrator
84.36 to 84.38 Gyro-mill
84.36 to 84.38 Crusher-mixer
84.36 to 84.38 Shell-Crushing Machine
84193100.000 Grain Dryer
8433 Sheller Machine
…………… …………………
84193100.000 Mobile grain dryer
87168010.000 Towing carts
84361000.000 Fish feed production machine/Feed
production machine
84798900.000 Appliances or equipment for automatic fish
feed distribution
84193100.000 Fish processing equipment (Smokers and
dryers)
84163000.000 Small smoking equipment
84213900.000 Ultraviolet and biological filter
84191600.000 Aerator
84368000.000 Electric chopper
38089110.100/38089190.100 Insect Destroyer
90183900.000 Hatchery vaccination machine
X. FISHING GEAR
…….. ……
8902. 00 00 000 Fishing boats. factory ships and other vessels for
processing or canning fishery products
8407. 21 00 000 ; Speedboats propeller engines
8408. 10 10 000
…….. ……
PART II
PROVISIONS RELATING TO VALUE ADDED TAX
CHAPTER I
SCOPE OF APPLICATION
DIVISION IV
TERRITORIALITY
Section 130a: (1) For the purposes of Section 130 (1) above, a distinction must be made according to
whether service delivery can be located tangibly or is intangible.
(2) Services that can be located tangibly in Cameroon shall be taxable in Cameroon at the general
rate provided for in Section 142 of the General Tax Code, irrespective of the place of establishment
of the lessee. These include in particular:
- means of transport rental;
- provision of services related to a building;
DIVISION V
EXCISE DUTIES
Section 131: (1) Inputs of products subject to excise duty shall not be subject to excise duty, provided that
they are purchased by local production enterprises subject to excise duty.
(2) The exemption provided for in paragraph (1) above shall not apply to the following products:
- Hydroquinone of tariff subheading 2907. 22 00 000;
- Maize groats of tariff subheading 1103.13 00 000.
CHAPTER II
DIVISION III
CALCULATION
B - RATES
Section 142: (1) Value Added Tax and Excise Duty rates shall be fixed as follows:
(2)………………………………………………………………….
(6) a) The average rate of Excise Duty shall apply to:
b) The abated rate of excise duty shall apply to:
- ………………… ;
- …………………. ;
- ………………… ;
- …………………. ;
- ………………… ;
- …………………. ;
- to the numerator, the amount of the income corresponding to the transactions liable to the Value Added
Tax, including exports of taxable products;
……………………………………………………………………………………………………. ;
The rest shall remain unchanged.
CHAPTER III
COLLECTION METHODS AND DECLARATIONS
DIVISION I
COLLECTION
Section 149: (1) ……………………………………………………………...
• ……………………………………………………………………………………………………….
….. ……..
……. Imported perfumes and cosmetics
…… ……..
Hydroquinone and cosmetic imported products
29072200000
from Chapter 33 containing hydroquinone
….. ……..
4418. 10 00 000; 4418.20 00 000; 4418.73 Imported wooden articles and furniture
00 000 to 4418.74 00 000 ; 9403. 30 00
000; 9403.50 00 000; 9403.60 00 000
3923.10. 00 000; 3923.21 00 000 and imported plastic articles and packaging
6305.
Section 235 a: (1) Marketers who fail to pay the Special Tax on Petroleum Products within the
prescribed time-limits shall immediately be suspended from collecting petroleum products from the
companies in charge of managing petroleum depots or refining, and such information shall be
transmitted to tax authorities to establish the tax debt vis-à-vis the actual taxpayer.
2) For the implementation of paragraph (1) above, the companies in charge of
managing oil depots or refining are bound to transmit to their tax centres, within five (5) days
following the deadline for payment of the Special Tax on Petroleum Products, the list of defaulting
marketers and the corresponding amounts.
Section 235 b: Notwithstanding the provisions of Article 233 of this Code, the debt shall be
established by Collection Notices and the forced recovery measures provided for by the Tax
Procedures Manual initiated against marketers, who are actually liable for the Special Tax on
Petroleum Products within the framework of the implementation of the joint payment procedure.
Section 235 c: - Any subsequent collection of products made in violation of the provisions of
paragraph (1) of Section 235a above shall result in the issuance of a Collection Notice to the
company in charge of managing oil depots or refining, if necessary in its capacity as legal debtor,
and the immediate implementation of forced recovery measures against it.
CHAPTER III
FORESTRY TAXES
DIVISION I
FELLING TAX
Section 242: The felling tax shall be calculated on the basis of the FOB value of undressed timber from all
logging licenses, including communal and community forests. The rate shall be 4 percent. This rate shall
be set at 3 percent for forestry companies that can prove that they have been duly certified by the
competent authorities in terms of sustainable forest management.
Companies that do not hold a logging permit and that purchase log timber on the local market shall
be jointly liable to pay the felling tax with the logger. In the absence of proof of payment of the
felling tax by the logger, the tax shall be withheld at source by the purchaser when paying the
invoice and remitted to the tax office of the company concerned no later than the 15th of the
following month.
The felling tax due for a given month shall be payable on the 15th day of the month following the
felling of a tree.
Failure to pay the felling tax due shall result in the suspension of exports by the logger in question.
The terms and conditions of assessment, collection and recovery as well as control of this tax shall be
specified by decree.
- …………………………………………….. ;
- …………………………………………….. .
………………………………………………………………………………………………………………
……………………………………
The annual forestry royalty may also be paid monthly no later than the 15th of each month.
The proceeds of annual forestry royalty shall be allocated as follows:
- ………………………………… ;
- ………………………………… ;
B- REGENERATION TAX
Section 244 a: (1) The rates of the re-generation tax on non-timber forest products and special products
shall be fixed as follows:
- ……………………………………………… ;
- ……………………………………………… ;
- ……………………………………………… ;
(2) The regeneration tax shall be due upon allocation of a quota for the exploitation of non-timber
forest products and special products.
The regeneration tax shall be paid in four (4) equal instalments as follows:
- 15 March for the first instalment;
(3) Where the allocation of an exploitation quota for non-timber forest products and special forest
products occurs after 30 June, the regeneration tax shall be assessed pro rata temporis and shall be
paid within forty-five (45) days following the date of signature of the decree allocating an
exploitation quota.
(3) Where the taxes referred to in Section 247a (1) above are not paid spontaneously,
such taxes shall be levied with a 400% penalty and recovered as required, at the time of local sales of the
products referred to in paragraph 1 above by any forest operator, irrespective of legal nature, or
before the export of the said products.
(4) In any case, the export of the products referred to above may be authorized only on presentation of a
debt clearance certificate duly issued by the tax authorities
The same shall apply to the local sale of the above-mentioned products by farmers' associations and
common interest groups.
In any case, the local purchase of the above-mentioned products from farmers' associations and
common interest groups shall make the purchaser jointly liable for the payment of any taxes, duties
and fees that may be due by the latter.
The rest shall remain unchanged.
PART VI
REGISTRATION, STAMP DUTY AND TRUSTEESSHIP
SUB- PART I
HARMONIZED LEGISLATION IN THE CEMAC ZONE
CHAPTER IX
INSTRUMENTS REGISTERED FREE OF CHARGE
Section 337: The following shall be registered free of charge:
1) in general, all instruments whose registration is to be borne by the State or by a public corporate body
of the State, international organisations subject to the contrary provisions of the headquarters agreement
with the Community and the Bank of Central African States;
2) ……………………………………………………………. ;
9) agreements for the repurchase of domestic public debt as well as agreements for the securitization
of public debt.
SUB- PART II
UNHARMONIZED LEGISLATION IN THE CEMAC ZONE
CHAPTER I
RATES OF REGISTRATION FEES
Section 543: The following shall be subject to:
Any agreement intended to allow an entity to carry out an activity carried out by a previous owner
shall be considered to be a transfer of business ownership, even when the said agreement concluded
with the latter or his successors is not accompanied by a transfer of customers.
The rest shall remain unchanged.
DIVISION IV
EXONERATIONS AND EXEMPTIONS
Section 546: In addition to the provisions of Section 337 above, the following shall be registered free of
charge:
B - EXEMPTIONS
In addition to the provisions of Section 338 above, the following shall be exempted from registration fees:
CHAPTER IV
STAMP DUTY ON ADVERTISING
DIVISION I
GENERAL PROVISIONS
- ……………………………………………………………………………………………….. ;
- ……………………………………………………………………………………………….. ;
- …………………………………………………………………………………………….….. ;
- ………………………………………………………………………………………….…….. ;
DIVISION II
RATES
Section 591: (1) Stamp duty shall be paid at the rate of 3% of the cost of advertising for each medium,
regardless of whether it is printed locally or imported, excluding advertising by vans.
(3) For advertising on cigarettes and alcoholic beverages, including in the form of
free distribution, the rate of stamp duty shall be 15 percent.
DIVISION III
COLLECTION
Stamp duty on advertising shall be payable by companies for the free distribution of the products
within the framework of commercial promotion. It shall be declared and remitted to the tax centre
of the company to which they belong no later than the 15th day of the month following the month in
which the distribution was made.
CHAPTER V
STAMP DUTY ON MOTOR VEHICLES
- ………………………………………………………………………... ;
- ………………………………………………………………………... ;
CHAPTER VIII
AXLE TAX
BOOK TWO
MANUAL OF TAX PROCEDURES
DIVISION I
OBLIGATIONS TO FILE RETURNS
SUB-DIVISION I
SUB-PART I
BASIS OF ASSESSMENT
SINGLE CHAPTER
OBLIGATIONS OF TAXPAYERS
DIVISION III
OBLIGATION TO PAY TAXES
Section M 7: Any person liable to a tax, duty, fee, royalty, or an instalment thereof, as well as payment
of taxes collected by deductions at source from third parties on behalf of the State or any other legal entity
under public law, must pay their debt to the Tax Revenue Office within the time-limit fixed by law.
With the exception of the particular case of certain duties which shall be specified by regulation, the
aforementioned taxes and duties shall be paid in accordance with the following terms and conditions:
- …………………………….. (Deleted)
- …………………………….. (Deleted)
- exclusively in cash at bank counters or to authorized financial agents for localities without bank
branches.
In the specific case of companies under the large tax department, taxes, duties, fees and charges
must be paid electronically.
Section M 8: (1) All payments shall be acknowledged by a receipt. These receipts shall be exempted
from stamp duty. A duplicate thereof may be issued to the taxpayer upon request.
The receipt corresponding to the payment of taxes, duties and fees shall be exclusively generated by
authorized information systems, in accordance with the terms and conditions laid down by a special
decree of the Minister of Finance.
(2)…………………………………………………………………………………………………….
SUB-PART II
TAX CONTROL
CHAPTER I
RIGHT TO AUDIT
DIVISION V
LIMITS OF THE RIGHT TO AUDIT
Section M 41a: (1) Notwithstanding the provisions of Sections M 9, M 10, M 11, M 12, M 16 and M
21 of the Manual of Tax Procedures, a taxpayer may be exempted from a tax audit in respect of a
given financial year if, at the end of the said financial year, he shows a rate of increase in taxes and
duties payable on a voluntary basis of at least 15 percent compared to the previous financial year.
(2) When determining the rate of increase referred to in paragraph (1) above, account shall be taken
of the total number of unsolicited payments actually paid, plus any adjustments resulting from tax
audits for the said financial year.
(3) The increase rate to be taken into consideration shall exclude additional revenue resulting from
an authorization to deduct tax at source, a new tax measure or the commencement of a new activity.
(4) The taxpayer who claims the benefit of the provision of Section M 41 a shall submit to the
Director General of Taxation a request for exemption from tax audit for a given financial year
within a period of twelve (12) months following the end of the said financial year. The Director
General of Taxation shall have a period of three (03) months to notify the applicant of the tax
authority's decision. Failure to reply within the three (03) month period shall be considered as a
rejection.
(5) The exemption from tax audits referred to in paragraph (1) above shall not apply or shall be
withdrawn when the existence of fraud is established by the administration.
SUB-PART III
TAX COLLECTION
CHAPTER I
COLLECTION METHODS
DIVISION II
NOTICE OF ISSUE FOR COLLECTION
Section M 53: (1) The Notice of Issue for Collection shall be an enforceable title for the forceful collection
of taxes, dues and levies.
(2)
…………………………………………………………………………………………………..
SUB-PART IV
PENALTIES
CHAPTER I
TAX PENALTIES
DIVISION II
SPECIAL PENALTIES
Section M 105b: In addition to penalties and interest for late payment, failure to declare indirect
transfers of shares made abroad as provided for in Section M 1 of this Manual shall be punishable
by a fine corresponding to 100 percent of the fees due.
SUB-PART V
TAX DISPUTES
CHAPTER I
CONTENTIOUS JURISDICTION
DIVISION I
PRIOR REFERRAL BEFORE THE TAX AUTHORITY
SUB-DIVISION VI
AUTOMATIC TAX RELIEF FROM TAXATION DUE TO MATERIAL ERRORS
Section M 124a: (1) Upon reasoned proposals from the competent services and after obtaining the
opinion of the Commission for the Admission of Non-Value of Tax Claims, the Director General of
Taxation shall submit to the Minister of Finance bills for the automatic tax relief resulting from
material errors.
(2) Automatic tax relief bills referred to in paragraph (1) above shall be sanctioned by decisions of
the Minister of Finance. Such decisions shall serve as an accounting document for the settlement of
the tax debt in the books of the competent tax office.
(3) Material error refers to any kind of incorrectness relating to the settlement of the tax, the
identity of the taxpayer or the amount of the taxes levied.
BOOK THREE
General Tax Code – 2021 Official Edition - 325
LOCAL TAXATION
PART VII
REGIONAL TAXES AND LEVIES
Section C 118: All or part of the proceeds from the following taxes shall be allocated to the regions. It
consists of:
- stamp duty on vehicle registration certificates;
- airport stamp duty;
- ………………………………. (Deleted);
The rest shall remain unchanged.
CHAPTER THREE
PROVISIONS RELATING TO OTHER RESOURCES
(2) The list of sectors directly affected by the crisis shall be determined by a decision of the Minister
of Finance.
SECTION SIXTEEN: Establishing the deductibility of donations made by enterprises in the fight
against the COVID-19 health crisis.
For determining company tax for the financial year ending on 31 December 2020, donations and
gifts granted to the State or its ramifications as part of the fight against the COVID-19 pandemic
shall be deductible for the purposes of determining company tax for the financial year ending on 31
December 2020.
SECTION SEVENTEEN: Relief measures for companies undergoing restructuring in the sectors
affected by the COVID-19 health crisis.
Enterprises undergoing restructuring during the 2021 financial year and falling within the sectors
affected by the COVID-19 health crisis shall benefit from the following measures:
a. the deductibility of capital losses on the sale of receivables for the financial year ended 31
December 2020, for the purpose of determining their taxable profit for the year ended 31
December 2020;
c. the removal of the condition for approval under the Investment Code for the benefit of the
application of the fixed duty on the assumption of liabilities in partial asset contribution
transactions.
(1) Accommodation establishments, whether classified or not, shall be exempted from the tourist
tax for the 2021 financial year.
(2) Accommodation establishments, whether classified or not, shall be exempted from the tourist
tax for the 2021 financial year. Accommodation establishments, whether classified or not, shall
be exempted from company tax for the financial year ending on 31 December 2021.
SECTION NINETEEN: Renewal of the special tax deal for the 2021 financial year
(1) The provisions of article 16 of the Finance bill for the 2020 financial year in respect of the
special tax deal shall be renewed for the 2021 financial year for tax receivables issued up to 31
December 2019.
(2) However, in the specific case of the tax deal relating to uncontested tax arrears, the abatement rate
for private companies is increased to 50% with the possibility of spreading over 12 months.
Section 1 - This decree lays down the conditions for implementing Sections 5 and 12 of Law No 97-14
of 18 July 1997: Finance Law of the Republic of Cameroon for the 1997-1998 financial year.
Section 2 - (1) The felling tax on timber species and the selling price of drift
timber washed ashore shall be calculated on the basis of the FOB value of each species.
(2) The export duty on logs and processed or semi-processed timber sold for export or to local
processing mills having a special industrial free zone status applicable to the equivalent of processed
timber shall be calculated as provided for in paragraph (1) above.
Section 3 - (1) The FOB value of each species shall be the market value of the said species as obtained
from world market factors, with particular reference to the following sources:
- the Reuters networks;
- the “Société Générale de Surveillance” network.
(1) In the event of differences over the FOB value of a species, the price retained shall be the
average of the average of the both sources as provided for in paragraph (1) supra.
Section 4 - (1) The felling tax shall be calculated on the basis of the FOB value per exploitation zone and
per species.
(2) The FOB market value shall apply to species from exploitation Zone 2.
(3) The value of species exploited in Zone 1 shall be increased by 5%, while that of species
exploited in Zone 3 shall be reduced by 5%.
(4) Export duties shall be calculated on the basis of the FOB value of species
exploited from Zone 2.
Section 5 - (1) The FOB values of the various species shall be established and
published by order of the Minister in Charge of Finance.
(2) Pursuant to the provisions of Article 3 above, the values shall be updated every six months by an ad
hoc committee presided over by the Director of Customs, or his representative, and including the
representatives of:
Section 6 - Upon notification of the provisional exploitation agreement, the amount of the tax payable by
the concession holder shall be readjusted every year according to the inflation rate in Cameroon as
determined by the competent authorities.
Section 7 - (1) Pursuant to Section 12 of the Finance Law for the 1997-1998 financial year, proceeds
from the forestry tax shall be distributed as follows:
- 50% to the State budget;
- 40% to the budget(s) of the beneficiary council(s);
- 10% to the beneficiary local communities.
CHAPTER I:
GENERAL PROVISIONS
Section 1 - This decree lays down the basis of assessment and the procedure for collecting the duties,
royalties, taxes and proceeds from sales relating to forestry activities.
Section 2 - (1) The basis of assessment and collection of the forestry royalties, felling taxes and transfer
tax as well as the proceeds from the sale of forest products shall be made by the Taxation Department.
(2) The basis of assessment of the export levy for logs and lumber shall be made by the Customs
Department. The collection of the said levy shall be done by the relevant services of the Treasury
Department.
CHAPTER II
BASIS OF ASSESSMENT AND COLLECTION
Section 3 - The act constituting liability for each duty shall be:
- the holding of a concession, sale of standing volume and/or, where applicable, a license, in the case
of forestry royalties;
- the felling of a tree, in the case of the felling tax and the proceeds from the sale of forest products;
- the transfer of a concession, in the case of the transfer tax.
Section 4 - An exploitation authorization to fell or sell forest products in the case of proceeds from the
sale of forest products.
CHAPTER IV:
Section 16 - (1) Subject to the provisions of Law No 94-1 of 26 January 1994 to lay down forestry,
wildlife and fisheries regulations, the penalties provided for by the tax and customs legislation in force
shall apply mutatis mutandis to the assessment and collection of the forestry taxes and royalties.
(2) The assessment and collection services shall, for the enforced recovery of forestry royalties and
taxes, have the prerogatives recognized them by the tax and customs legislation for the collection of
direct taxes, turnover tax and custom duties and taxes.
Section 17 - This decree repeals the provisions of Decree No 96-642/PM of 17 September 1996 to lay
down the basis of assessment and procedure for collecting the duties, royalties and taxes relating to the
forestry business and all other previous provisions repugnant hereto.
Section 18 - The Minister of State in Charge of the Economy and Finance and the Minister of the
Environment and Forestry are responsible, each in his own sphere, for the implementation of the
provisions of this decree which shall be registered, published according to the procedure of urgency and
inserted in the Official Gazette in English and French.
Mindful of law No. 2007/005 of 26 December 2007 concerning the finance law of the Republic of
Cameroon for the year 2008;
Mindful of Decree No. 92/089 of 14 May 1992 setting out the powers of the
Prime Minister, as amended and supplemented by Decree No. 95/145 of 04 August 1995;
DECREES:
CHAPTER I
GENERAL PROVISIONS
Section 1- This decree sets out the rules for applying the special tax regime
for anchor projects of the General Tax Code.
Section 2- The special tax regime for anchor projects applies to large, smalland-medium-size enterprises
both new and old.
Section 3- For the purposes of this Decree:
- “large enterprise” refers to an enterprise whose annual turnover is equal to
or greater than (01) billion CFA francs;
- “small-and-medium-size enterprise” refers to an enterprise whose annual
turnover is less than one (01) billion CFA francs;
CHAPTER II
CONDITIONS OF ELIGIBILITY
SECTION 1
IN TERMS OF THE FORM
Section 4- (1) Companies that seek to benefit from the special tax regime for
anchor projects must submit a file to that effect with the Ministry in charge of
finance (Directorate General of Taxation).
(2) The file must consist of the following documents:
The period over which the investment shall stretch and the different stages of
completion;
SECTION 2
IN TERMS OF THE CONTENT
Section 5- For an “anchor project” to qualify and enjoy the benefits of the
special tax regime introduced by the Finance Law for the year 2008, the
project must meet the following conditions collectively:
1) Be a center of economic and social development;
As such, a structuring project must constitute for the locality in which it
is implemented an instrument inducing economic and social progress. In
particular, its implementation must be designed to induce the development of a network of
subcontractors or related activities, the use of local raw materials, the rise of activities that create added
value and contribute to job creation in the locality of its location and the environs. On the social front,
the structuring character is appraised in the light of infrastructures such as roads, evacuation routes, staff
quarters, schools, health facilities.
2) Create jobs
a - For large companies, the projects must lead to the creation of permanent
jobs within the company, at least:
- Twenty (20) management positions;
- Fifty (50) mid-level positions and;
- One hundred (100) junior positions;
b - For Small and Medium Size Enterprises, these jobs shall respectively be at least
- Four (04) management positions;
- Ten (10) mid-level positions;
- Twenty (20) junior positions.
3) Giving rise to significant investment
To benefit from the regime of anchor projects, large companies must submit to the Tax Administration a
plan of investment to be realized of at least five billion CFA francs (5,000,000,000), while small-and-
medium-size enterprises can make-up with projects estimated to cost at least five hundred million CFA
francs (500,000,000).
However, in assessing the minimum thresholds of the required investment,
the cost of pre-feasibility or feasibility studies of the project is not taken into account. Only additional
studies eventually setting in during the implementation phase shall be taken into account.
In any case, benefits may not be granted to investments over a period of four (04) years.
Article l .- (1) This decree specifies the procedures for implementing the status of economic
disaster areas and the conditions for benefiting from the related tax benefits, in accordance with
the provisions of Sections 121 et 121a of the General Tax Code.
(2) An economic disaster area should be understood as a pre-defined geographical area in which
economic activity is structurally and durably affected by insecurity or disaster of any kind, such
as floods, famine, drought, etc.
(3) The designation of an area as an economic disaster area and its withdrawal shall be established
by decree of Prime Minister, Head of Government. Such status may be withdrawn when the
effect of the disaster that justify it have ceased.
Article 2.- (1) Companies that carry out new investments in economic disaster area shall be
exempted from the following taxes and duties :
(a) In the installation phase that may not exceed three years :
- business license tax waivers;
- value added tax on purchases of goods and services;
- registration fees on project establishment-related property transfers;
- property tax on buildings used for the project.
(b) During the first seven years of operation:
- business license tax;
- company tax and minimum collection;
PRIME MINISTER
HEAD OF GOVERNMENT
Centres of
No. Name of distributors NIU
attachment
CIME YAOUNDE
1 TURBO DISTRIBUTION CENTER SARL M120100013403Z
EST
CIME YAOUNDE
2 TURBO DISTRIBUTION CENTER SARL 2 M120100013403Z
EST
CIME YAOUNDE
3 DIGEL SARL M081812716355U
EST
CIME YAOUNDE
4 FRANCKLIN DISTRIBUTION SARL M071812716224F
EST
CIME YAOUNDE
5 DOMI SARL M120600021516D
EST
CIME YAOUNDE
6 DEFOUFOU SARL DISTRIBUTION M081812717724C
EST
CIME YAOUNDE
8 METRO DISTRIBUTION SARL M010300015044L
EST
CIME YAOUNDE
9 KJ SARL M021912750131P
EST
CIME YAOUNDE
10 TCHANI Sarl M031912753467W
EST
CIME YAOUNDE
11 ETS EST ET FRERES SARL M011712600810P
EST
CIME YAOUNDE
12 BONAS SARL M071812716175G
EST
CIME YAOUNDE
13 ESPOIR DISTRIBUTION SERVICES M110500019756J
EST
CIME YAOUNDE
14 ETS AZOR P108100435323P
OUEST
CIME YAOUNDE
15 DOM'S & FILS DISTRIBUTIONS SARL M031912754478W
OUEST
CIME YAOUNDE
16 BKOUASS DISTRIBUTION SARL M071812717796Z
EST
STE PRETTY WOMAN SARL CIME YAOUNDE
17 M080100012485E
(SOPREWO) EST
CIME YAOUNDE
18 FOE ANDRE P126300315424T
EST
CIME YAOUNDE
19 BIENTINO SARL M031912755353X
OUEST
CIME YAOUNDE
20 BKD ET FILS SARL M031912752045Z
OUEST
CIME YAOUNDE
21 T.GUIMOL SARL M021912751356S
EST
CIME LITTORAL-
1 Africa Business Corporation SARL M111300047829Z
EXTERIEUR
2 ALONGMO Jimmy Golvice P038500576993S CIME YAOUNDE
3 AMIN AKAMIN Bernard P015000160674R CIME LIMBE
CIME
4 ATOMIC Distribution M070900028026Z
BAFOUSSAM
5 BILENG Barnabas AZAMAH P055800309043L CIME LIMBE
6 Bruno& Company Limited M051812705244N CIME LIMBE
CIME YAOUNDE
7 Centre de Distribution des Produits M090600021126Q
OUEST
CIME YAOUNDE
8 Distribution Plus SA M011712586008R
EST
CIME YAOUNDE
9 DJIONGO SARL M101612572915T
OUEST
10 Espoir Distribution SARL M101812725597Q CIME BERTOUA
SOCIETE GENERALE DE
24 M070800025551U CIME KRIBI
DISTRIBUTION DU CAMEROUN
25 SOCIETE SIEGASIE M011712616664X CIME KRIBI
ANNEX IV:
Section 4. - The act constituting liability and the due dates are those
provided for by the general tax code.
LOCALISATIO
N° BUSINESS NAME ABBREVIATION BP
N
ACTIVA
1. ACTIVA ASSURANCES 12970 DOUALA
ASSURANCES
ADDAX PETROLEUM CAMEROUN ADDAX
2. 1468 DOUALA
COMPANY LCC PETROLEUM
3. AFRILAND FIRST BANK AFRILAND 11834 YAOUNDE
N° REGIONS
1. Adamawa Region
2. Centre Region
3. East Region
5. Littoral Region
6. North Region
8. West Region
9. South Region
The 2016 finance law has shifted the legal liability for the collection of
motor vehicle stamp duty to insurance companies. As from the 1st of
January 2017, stamp duty on motor vehicles shall be paid exclusively to
insurance companies during the payment of the insurance premium.
In conformity with the provisions of Section 598 of the General Tax Code,
stamp duty on motor vehicles is collected by insurance companies during
the payment of insurance premiums.
In conformity with the provisions of Sections 594 and 596 of the General
Tax Code, the actual taxpayers of the stamp duty are owners of motor
vehicles as well as two or three-wheeled motorcycles. Consequently, the
said tax is paid by physical or moral persons who are either owners or de
facto owners of these vehicles.
- administrative vehicles ;
- bicycles and tri-cycles ;
- vehicles whose owners enjoy diplomatic or consular privileges.
- vehicles under temporary registration and used exclusively for
international cooperation projects ;
- test vehicles with ''WG'' registration ;
- transit vehicles with ''WT'' registration ;
- vehicles used for the maintenance of law and order with registration
plates specific to the Armed Forces, the National Gendarmerie and the
National Security ;
- Ambulances ;
- special vehicles with ''CE'' registration ;
- special vehicles used by the disabled and the handicapped ;
To benefit from this exemption, the taxpayer must present proof to the
exemption to the insurance company. These include amongst others, the
vehicle registration certificate, the diplomatic certificate for vehicles
belonging to persons who enjoy diplomatic and consular privileges, and a
copy of the tourist visa or a circulation permit for vehicles registered
abroad.
These justifying documents must be kept in the tax return file of the
company and presented whenever requested by the Administration.
B. Rates
On the contrary, vehicles which for reasons independent of the owner have
been parked down for a period of more than one year shall not considered
as vehicles in circulation. In this regards, withdrawal from circulation must
be declared to the Ministry of in charge of Transport in accordance with
the provisions of section 33 of order N° 620/A/MINT/DTT of 04 February
1994.
2) Due date
This refers to the moment when payment can be claimed from the
taxpayer. It differs depending on whether it concerns the renewal of the
insurance policy or a new registration.
For owners of vehicles who have taken out an insurance policy in 2016 and
which expires in 2017, the payment of the stamp duty shall be claimed at
the end of the validity period of the said policy.
First registration
In this case the due date shall depend on whether the vehicle is acquired
from an automobile dealer or it is imported.
In conformity with the provisions of Section 598 of the General Tax Code,
stamp duty on motor vehicles shall henceforth be paid once when taking
out the first insurance policy of the year.
This reform applies as from the 1st of January 2017. As such insurance
companies shall collect stamp duty on motor vehicles against all insurance
policies taken out within this year, including those done in anticipation.
When an insured takes out his insurance policy, the insurance company
also collects the corresponding stamp duty on motor vehicles in accordance
with the provisions of Section 597 of the General Tax Code.
The receipt issued by the insurance company must obligatorily bear the
insurance premium, the Value Added Tax (VAT) and the amount of the
motor vehicle stamp duty paid by the insured.
When renewing the insurance policy within the same year by a new
insurance company, the insured has to present his expired insurance
certificate with the corresponding receipt as the case may be so as to avoid
paying the same duty twice.
The insurance company justifies the non collection of stamp duty on motor
vehicles during the renewal by presenting both the expired insurance
certificate and its corresponding receipt.
In conformity with the provisions of Section 598 of The General Tax Code,
the filing of returns for the stamp duty on motor vehicles is henceforth the
responsibility of the legally liable person: the insurance company. It must
comply not later than the 15th of the month following month of collection.
Practically, the filing of returns of the stamp duty on motor vehicles is done
using the turnover and income taxes form that contains a line “stamp duty
on motor vehicles”. It must be accompanied by a detailed slip of the
policies taken out for the period especially the vehicle’s registration
number, its Vehicle Identification Number, horse power, the amount of
duties paid and the period involved.
In conformity with the provisions of Section 598 of The General Tax Code,
the stamp duty on motor vehicles is collected and remitted to the tax
collector of the centre of the insurance company not later than the 15 th of
the month following the month of payment by the insured.
The collection of stamp duty on motor vehicles having been coupled with
the insurance premium subscribed by the insured, proof of payment is by a
special procedure.
In conformity with the provisions of Section 602 of The General Tax Code,
the control of the stamp duty on motor vehicles is done by duly assigned
tax agents from the Directorate General of Taxation with the assistance of
agents from the insurance companies and traffic police.
The control of the stamp duty on motor vehicles is carried out in two
forms:
V- Penalties
Penalties for the person legally liable are those enshrined in the Manual of
Tax Procedures. They are not peculiar.
As concerns the insured, two types of sanctions are earmarked: Fiscal and
penal sanctions meted out on offences in matters of stamp duty on motor
vehicles.
In conformity with the provisions of Section 601 of The General Tax Code,
the following offences are punishable under Tax and penal laws:
While fiscal sanctions are meted for compliance offences on motor vehicle
stamp duty as recalled above, penal sanctions are only applied on offences
discovered during road checks.
1. Fiscal sanctions
In conformity with the provisions of Section 601 of The General Tax Code,
the nonpayment, payment after the deadline or the absence of proof of
payment on stamp duty on motor vehicles by the person legally liable is
punishable by penalties equivalent to 100% of the principal duty.
2. Penal sanctions
According to the provisions of Section 601(1) and (2) of The General Tax
Code (GTC), the absence of proof of payment of stamp duty on motor
vehicles and the nonpayment of these duties constitute offences of the
second and third class respectively punishable by the penal code.
The said code states that second class offences are punishable by a fine
ranging from one thousand four hundred (1 400) to two thousand four
hundred (2 400) francs CFA inclusively.
Examples:
During joint controls by MINFI, forces of law and order and insurance
companies, a driver is held for absence of proof of payment of stamp duty
on motor vehicles by the control agents. His personal documents as well as
those of the vehicle or motorcycle are confiscated and deposited at the
taxation services against a receipt.
The payment of stamp duty on motor vehicles within the same year does
not call for fiscal or penal sanctions. Consequently, there is no liability to a
penalty over and above the duty payable.
In fact, the nonrenewal of an expired insurance policy at the end of the year
is synonymous to the nonpayment of the stamp duty on motor vehicles thus
attracting fiscal sanctions of a penalty over and above the duty payable.
In conformity with the provisions of section 571 of the General Tax Code,
a reduction or waiver of penalties can be granted following a stamped
application done by the taxpayer according to the following modalities:
The Head of the Tax Center must reply to the application of the taxpayer
within a time frame of fifteen (15) days.
Any taxpayer who feels to have been wrongly charged to pay penalties
because his vehicle was withdrawn from circulation during the period for
which the taxes are claimed may file a petition according to the provisions
of Section M 116 of the Manual of Tax Procedures.
As such, he shall file a claim to the head of the Regional Tax Center or to
the head of the structure responsible for managing large enterprises within
a period of thirty (30) days. The above mentioned claim must, for it to be
accepted, fulfill the following conditions:
TITLE I
TAX PRIVILEGES
CHAPTER I
DEFINITIONS AND OVERVIEWS
Section 1. Definitions
A) Diplomatic and consular franchise
Within the meaning of this Instruction, “diplomatic and consular franchise”
mean privileges accorded to diplomatic missions, consular posts and
accredited
international organizations or their headquarters in Cameroon, and
members
of their staff enjoying diplomatic and consular privileges and immunities,
for
their exclusive use:
1. Franchise of duties and taxes on products or imported objects;
2. Exemption of income taxes as well as special taxes other than indirect
taxes
that are normally incorporated in the prices of products;
B) Head of mission
The definition of the “Head of mission”, as the case may be is , the
TITLE 2
PRIVILEGES IN CUSTOMS
CHAPTER I:
IMPORTATION, USE AND VEHICLES TRANSFER
Section 1. Importation
Can import tourism vehicles with exemption from duties or with tax
exemption are:
- diplomatic missions, consular, international organisation for their
services needs;
- members of their diplomatic, administrative and technical staff none
Cameroonians for private use.
The benefit of that importation for the diplomatic staff is limited to two
vehicles per family related to his size, and to one car per family for
administrative and technical staff.
The benefit of importation with tax exemption is granted for one year
renewable.
Vehicles importation is done according to a registration “ d’acquit-à-
caution” in guarantee to rights and taxes eventually incurred.
However, about particular case of cars belonging to the property of the
diplomatic mission, consular or international organisation, the financial
guarantee is replaced by a moral guarantee of the head of mission, who
accept to submit himself to the regulation of temporary importation of
vehicles of
tourism as:
- annual renewal of the temporary importation title;
- ban of offering or selling vehicles under temporary importation without
previous agreement of Minister of External Relations;
- exclusively use for services or strictly personal.
CHAPTER II:
PROVISIONS APPLICABLES TO GOODS IDENTIFIABLES
AS FOR LONG LASTING CONSUMPTION, EQUIPMENTS
AND BUILDING MATERIALS
Section 1. Goods identifiable as for long lasting consumption
In conformity with above provisions, rights and taxes exemption for
importation of goods like refrigerators, air conditioners, video recorder,
cookers, televisions, motorized bike, furniture, etc… is agree for the first
installation of (ayants droits diplomatic) and none diplomatic
(administrative and technical staff) and for the duration of their stay only
for diplomatic agents. Nevertheless, for those ones, the duration of life of
articles will be taken in account and the regularization of the customs
situation of the previous exempted ones.
Section 2. Equipments and building materials
Only equipment and building material devoted to the building of
diplomatic mission, chancelleries, consulate head of by a consular civil
servant can
benefit of customs exemption or the refund of paid taxes.
Material and Equipment above are considered to be an integral part of
work involved.
Section 3. Selling or ofering goods identifiable as for long lasting
consumption.
Goods identifiable as for long lasting consumption and devoted to the
official use of diplomatic mission, international organization or the use of
their
members can not be given up or sold.
In fact, the application for exemption from customs duties established by
the head of the representation and certified by qualified Cameroonians
TITLE 3
FINAL PROVISIONS
It is still understandable that quantities indicated in annex 1 and 2 are the
roof or the limit which can not be crossed and exemption duties granted
under head of mission responsibility must correspond to the real needs of
beneficiaries.
Goods exempted in this instruction notably equipment and building
materials must be delivered to the beneficiary of the exemption certificate
or to his representative duly appointed.
The related deliveries slip must necessarily include the names, first names,
addresses of the head of reception and eventually the type and the
registration vehicle number, driver’s name, the date and all the helpful
information.
Moreover, they must resume the number and the date of the definitive bill
and payment modalities (check number, bank, cash…)
If the definitive bill is also a delivery slip, it must obligatory include above
mentions.
The non-observance of provisions above may lead to, in case of offence,
the responsibility of the defaulting supplier.
The re exportation of goods and vehicles admitted to the exemption from
customs duties must be certified by customs services and copy of the
helpful documents handed over to the Minister of External Relations to up
date the master file involved.
The present instruction is applicable from the date of signature. It abrogates
provisions of the interministerial Instruction No 0123/MINFI/DIPL of the
20th November 1989 related to the application of diplomatic privileges and
modify the provisions contrary of Instruction No 0001/MINEFI/DI/L of the
4th February 2004 précising modalities of application of the fiscal
provisions of the Finance Law for the year 2004.
APPENDIX 2
Quarterly quota authorize for fuel exemption for the benefit of diplomatic
corps, consular and international organization.
Head of diplomatic Others
Official of mission
mission diplomatic
2,000 litres per
1,200 litres
Fuel vehicles up to 10 2,000 litres
vehicles
TO:
- Municipal Executives ;
- The Director General of Taxes ;
- The Director General of Customs;
- The Director General of the Treasury, Financial and Monetary
Cooperation;
- The Director General of the Budget;
- The Director General of the Special Council Fund for Mutual
Assistance (FEICOM);
- The Director of Decentralized Territorial Communities;
- Regional Revenue Collectors;
- Municipal Revenue collectors.
The Law on local taxation promulgated on 15 December 2009 falls in line
with the implementation of the decentralization process.
Essentially, the new disposition aims at:
- raising the level of fiscal revenue of local councils through the transfer
in
their favour of the proceeds of some taxes and dues ;
- ensuring a better reallocation of resources through fiscal equalisation;
- reinforcing the financial autonomy of decentralized territorial
communities by the organization of the progressive transfer of
competences in terms of the management of local taxes and direct
access to the revenue devolved to them;
- the enhancing the values and revenue from local taxation.
This circular specifies the interpretation and application modalities of the
said law, and provides the practical orientations necessary for its
implementation.
It shall there by provide clarifications on:
- general provisions;
- the local development tax and communal taxes administered and
managed by the State but whose proceeds are destined to decentralized
territorial communities;
PART V
LAND TAX AND DEEDS OF CONVEYANCE
Article 48 et 49: Transfer to councils of the product of land tax on real
estate ownership and deeds of conveyance
The provisions relating to liability to land tax and the transfer of ownership
of property remain those contained in the General Tax Code. The law on
local
taxation however consecrates the transfer of the product of land tax and the
registration duties on the conveyances to the council of the place of their
situation.
However, there shall no longer be the collection of additional council taxes
on land tax.
PART VI
TAX ON GAMBLING
Article 50: Total transfer to the councils of the product of the tax on
gambling
The law on local taxation consecrates the integral transfer of the tax on
gambling to the council of the place of exploitation of the games.
However, for towns endowed with a city council, the tax on gambling is
integrally and exclusively remitted to the city council.
The general rules relating to the tax on gambling are still governed by the
General Tax Code and its texts of application.
PART VII
WINDSCREEN LICENCE
Article 51: Complete transfer to the councils of the product of the
automobile stamp duty
The law on local taxation consecrates the integral redistribution of the
product
of automobile stamp duty to councils and city councils by the equalization
mechanism. The modalities of this redistribution are set by a special text.
Consequently, FEICOM or any other body in charge of the centralization
and
equalization should not carry out deduction of any nature whatsoever on
the
product of the windscreen license which is remitted to it.
The provisions relating to the tariffs, collection modalities, payment
deadlines,
exonerations and sanctions are still those contained in the provisions of
articles
594 to 603 of the General Tax Code and its texts of application.
The modalities of ordering, sale and the regime of remittances on the sale
of
windscreen license are fixed by a special text.
PART VIII
THE ANNUAL FORESTRY ROYALTY
Article 52: Distribution of the communal share of the annual forestry
royalty
In conformity with the provisions of article 243 of the General Tax Code,
councils benefit from a 40% share of the product of the annual forestry
royalty.
The law on local taxation fixes the distribution of this share as follows:
- 50% as withholding at source to the profit of the council of location;
- 50 % as the balance centralized for FEICOM or any other body charged
with
the centralization and equalization of local taxes.
By council of location, it should be understood the council hosting the
surface
area of the forestry exploitation title (UFA, sale of felled timber) giving
PART X
COUNCILS TAXES
I - THE LOCAL DEVELOPMENT TAX (LDT)
1) General provisions
The Local Development Tax instituted by the law on local taxation is
applicable
The LDT is levied on the basic salary for workers of the public sector, and
on
the salary corresponding to their categories with regards to employees of
the
private sector, as well as on the principal of tax, as concerns persons liable
to
the discharge/global tax or to business license.
The basic salary refers to the index or wage corresponding to a category,
served to the worker. It does not include allowances and other advantages
in
However, the application of the above fine does not exempt the debtor
from
the payment of the fees normally due.
No other sanction should be applicable, except for the measures provided
for
by law.
The liability of the abovementioned 30% fine runs as from the day of
commencement of the works.
Articles: 91, 92, 93: Temporal occupation of the public thoroughfare
fee
1) Scope
By temporal occupation of the public thoroughfare, we mean any
installation
or use of the public thoroughfare as determined by the act which authorizes
it
issued by the competent municipal authority. The public thoroughfare or
right
of way is understood here as a parcel for public use, such as road,
easements,
roads. This occupation can be materialized by deposits of materials
including
sand, stones, wood, and display of furniture, goods or any other objects.
Moreover, as from the entry into force of the new law, filling stations,
vehicles
and advertising media are excluded from the scope of the said fees.
2) Assessment
The collection of the fees for temporary occupation of the public
thoroughfare
arises from its occupation. The due dates of such fees shall run from the
effective occupation of the thoroughfare in question.
The tariff of the fees for temporary occupation of the thoroughfare is voted
4) Assessment
On this point, the law on local taxation states that stadium fees are
institutionalised by the Council. They are set at 5% of funds collected on
the stadiums located on the territory of the council during sporting events
or
popular festivities, when access to the stadium is not free.
This law specifies that the product of stadium fees is collected by the
district
councils with the exception of multisport stadiums which fall under the
responsibility of city councils.
In any case, it is necessary to always ensure that 5% of the funds raised at
events subject to such fees have been recovered at the end of the event, in
favour of the district council or the city council as the case may be.
The due date of the stadium fees sets in as from the close of the events.
The legal debtor is bound to pay the stadium dues at the competent
municipal
tax collector’s office within eight (8) days as from the end of the event.
5) Sanctions
When the duty due is not paid within (8) days from the end of the
festivities,
there follows the payment of a penalty of 100% of the amount due in
principal.
Article 103: The tax on advertising
6) Liability
The law on local taxation sets out the provisions of the tax on advertising
that is based on local advertising. The latter includes all publicity carried
out
within a municipality or a city council.
Shall therefore be liable to the local tax on advertising, any natural person
or
corporate body that carries out advertising campaigns in a place or area
within
the territorial jurisdiction of a municipality or a City council.
It should be noted that signs placed on the facades of commercial and
industrial establishments with the sole purpose of locating them, are
excluded from paying the tax. Therefore, it will be a clear distinction
according to whether the sign is accompanied by effect or artifice to
draw the attention of customers, like messages and spots, or when it is
simply a sign designed to identify and locate the establishment.
13) Liability
The law on local taxation has provisions related to the road deterioration
fee.
It is levied on dealers and other public work contractors performing work
on
public roads and on users of devices that are not equipped tyres, which
work
and the movement of these devices deteriorates the road.
Any other deterioration of the road by the release of corrosive chemicals
shall
subject to the same rate.
Road deterioration should be understood as any limited degradation
that leads to an obvious deterioration of the road.
14) Assessment
Tax rates shall be as follows:
- Earthworks, pipes/channeling and other damage:
• highly coated asphalt road: 90,000 F to 200,000 F per m2;
PART XI:
PROVISIONS APPLICABLE TO CITY COUNCILSAND DISTRICT
COUNCILS
(Articles 114, 115, 116 and 117)
A / The following taxes under article 115 (1) shall exclusively be
remitted
to the city councils:
- The proceeds from the business license;
- The proceeds from liquor licenses;
- The proceeds from the additional council tax (basic withholding);
- The proceeds from multisport stadiums;
- The proceeds from windscreen licenses;
- The proceeds from the local development tax;
- The proceeds from the tax on advertising;
- The proceeds from dues for the occupation parking lots of the city
council;
- The proceeds from the tax on gambling;
- The proceeds from tolls for places on the markets of the city council;
- The proceeds from pounding charges in the city council pound;
- Income from building or implantation permit charges;
- The proceeds from parking fees;
- The proceeds from communal stamp duty.
B / The following taxes under article 115 (2) shall be entirely remitted
to the district councils:
- The proceeds from the global tax;
- The proceeds from the municipal tax on livestock;
- The proceeds from forest royalty;
- The proceeds from the tax on the slaughter of livestock;
- The proceeds from dues for space on district council markets;
- Proceeds from dues for temporal occupation of the public thoroughfare;
- The proceeds from on hygiene and sanitation taxes;
- The proceeds from dues on district council parking lot;
- The proceeds from district councils stadium rights;
- The proceeds from the entertainment tax;
- The proceeds from the communal transit or transhumance tax;
- Proceeds from the tax on transportation of quarry products;
- The proceeds from district council pound charges;
- Proceeds from the tax on firearms;
PART XIII:
REGIONAL TAXES AND LEVIES
(Articles 118 and 119)
A / Tax revenue allocated to regions
The following taxes dues and levies listed below shall be entirely or
partially
allocated to the regional authorities :
- Stamp duty on vehicle registration cards;
- Airport stamp duty;
- The axle tax;
- Royalties on forest, wildlife and fisheries resources;
- Royalties on water resources;
- Royalties on oil resources;
- Taxes and royalties on mineral resources;
- The levy on fish stocks and breeding;
- Taxes or royalties on energy resources;
- Taxes and or royalties on tourism resources;
- Taxes and royalties on airspace;
- Taxes and or royalties on resources of the gas sector;
- Royalty on road usage;
- Exploitation rights of institutions classified as hazardous, unhealthy or
inconvenient;
- Any other tax, duty or royalty allocated by the State.
B / The tax competence of the regions
For the products of taxes assigned to the regions, listed by the provisions
of section 118, the tax authority is the only organ responsible for levying,
collecting and controlling them. Accordingly, the regions have no specific
For the implementation of the provisions relating to taxes, duties and dues
of decentralized local authorities, the service shall apply the specific rules
of
procedure provided for each levy. However, in the absence of such
procedural
details, the provisions of the Book on Tax Procedures of the General Tax
Code
shall apply automatically.
Collection operations of collecting these local taxes cannot be the subject
of concessions to third parties, under pain of nullity. In other words, the
prerogatives of tax collection may never be ceded to persons other than
officers duly authorized by law to collect such taxes and duties. All
existing
concessions are null and void.
I - REGISTRATION AND DECLARATION OBLIGATIONS
BY TAXPAYERS
Article 122: Obligation of prior registration
Local taxes whose proceeds are shared are issued on separate issue slips to
the
benefit of various beneficiaries. These include:
- Revenue orders for communal taxes;
- Issue slips and recovery notices for communal taxes including property
taxon real estate;
- Issue slips and payment orders for the transfer of real estate property
rights.
Local taxes, the local development tax and additional council taxes are
assessed and issued by the State’s taxation services.
It should be noted that the assessment operated by the State Taxation
Services
is done either on separate issue slips as mentioned above, or if necessary on
recovery notices bearing on their letterhead the stamp of the beneficiary
local
authority or body.
With regard to communal taxes, they are only liquidated and issued by the
assessment services of the council.
Taxes collected by the taxation services of the State are in the forms,
deadlines
and modalities laid down in the provisions of the General Tax Code. Thus,
the collection of the business license tax, liquour license, property tax on
real estate, tax on gambling and distraction, duties on transfer of property,
windscreen license, forestry royalties and local development tax, whose
proceeds are transferred to decentralized local authorities, follows the
provisions of the Tax Procedures Manual.
These taxes and dues are paid voluntarily to the relevant tax collector who
shall issue a receipt in return for payments received, which shall thereafter
be
remitted to the beneficiaries within a maximum of 72 hours upon seeing
the
log book and a daily reconciliation statement.
then remits the sum collected to the municipal revenue collector and
receives a
receipt. The issuance of a ticket from a receipt booklet is the mode of
recovery
of the following fees:
Fees for market space (Sections 80, 81, 82, 83, 84, 85 and 86):Rents
from stores and the proceeds of ticket sales are collected by an
intermediary agent who issues a receipt drawn from a booklet and carrying
a
printed face value equivalent to the duration of the monthly rent or the cost
of the ticket.
The total amount collected is paid to the council revenue collector within
24
hours upon presentation of payment order issued by the competent
communal
authority.
- Motor-park fee (Sections 97 and 98) The fee is paid to council agents
assigned to parking lots who issues a council ticket drawn from a receipt
booklet carrying the face value of the ticket in relation to the vehicle type.
The
agent shall remit the revenue collected to the municipal revenue collector.
Dock ticket (Section 99) The fee is paid to the council agent assigned to
the
motor park or in a municipal pier against a dock ticket drawn from a
PART XV:
AUDITING LOCAL TAXES (Sections 132 to 134)
Section 132: Audit Proceedings
The audit of municipal taxes may be exercised either by council staff or by
staff of the relevant taxation services, or together.
In the latter case, mixed teams shall be constituted to perform audit
operations
in the field.
For the purposes of this collaboration, the Head of the Council Executive
and
Head of Taxation Office of the said municipality shall jointly determine the
terms and conditions.
This collaboration aims to avoid duplication, excessive presence of the
administration in the taxpayer’s premises and to work in unison.
As such, the taxation services of the State must be informed of any controls
programmed by the council and vice versa.
Section 133: The terms and conditions of the control of municipal
taxesand the local development tax
Control proceedings on municipal taxes and local development tax are
conducted according to rules and procedures provided for the control of the
taxes
of the State. These taxes are controlled by the service tax authorities.
Besides field audits, the taxation services of the state also ensure desk
audits
of such taxes under the same conditions as for State taxes
Section 134: The responsibilities of the municipal staff in
controlproceedings
Under penalty of nullity, council staff must undertake control proceedings
of
municipal taxes in the field bearing a mission warrant duly signed by the
head
of the municipal executive.
PART XVIII:
THE SANCTIONS REGIME (Section 144)
The law on local taxes specifies for each municipal tax the specific
penalties,
the competence in this field are the sole responsibility of the municipal
authority.
Regarding local taxes under tax services, the corresponding penalties are
those provided by the Tax Code.
PART XIX:
MISCELLANEOUS, TRANSITIONAL AND FINAL PROVISIONS
Sections 145 and 146: On the organization of cadastral surveys
The law on local taxation prescribed cadastral surveys which relate to
parcels
and buildings, their occupants and activities carried out within.
The survey is to collect every five years information likely to to have tax
implications on buildings and undeveloped located in a municipality, their
owners and occupants, the nature of the activities performed therein, and
any
other information relevant to the assessment of taxes and duties.
As a reminder, this survey is implemented for the creation of a file and a
Geographic Information System (GIS) operated by taxation services and
communal services.
Also, all documents obtained through such surveys should be fully
exploited
for the assessment of local taxes and duties. The information collected
must
be forwarded to the Directorate General of Taxation for centralization in
the
data of the Brigade of tax investigations.
In the course of these investigations, the taxation services of the State are
empowered to request and obtain copies of deeds, building permits,
business
license certificates, liquour license and global tax, proof of payment of the
property tax and deed of conveyance, namely deed of transfer of ownership
or transfer of possession of controlled buildings.
It is therefore necessary to ensure any documents not listed in Section 145
(3) of the law on local taxes is not demanded from the taxpayer. In any
event,
To
This Circular spells out the implementation modalities of the new tax
provisions of Law N° 2020/018 of 17 December 2020
bearing the Finance Law of the Republic of Cameroon for the 2021
fiscal year and outlines the relevant guidelines and specifications for
their implementation.
2. Before December 31, 2020, interests paid to partners for sums they
loan or make available to the company in addition to their capital
shares, regardless of the form of the company, were deductible
within the limit of :
- the rates for central bank advances increased by two points
;
- the thresholds set in the thin capitalisation rules provided
for in section 7 B of the General Tax Code (GTC).
3. The 2021 Finance Law revises the conditions for the deductibility of
such interests (a) and clarifies the applicable penalty regime (b).
4. From the 1st of January 2021, besides the conditions listed in point 2
above, the deductibility of interest remunerating loans made by
partners in addition to their share capital is subject to the following
additional cumulative conditions:
6. When the conditions for the tax deduction of the interest remunerating
the loans granted by the partners are not met, the company is obliged to
include the said interest in its earnings. This adjustment is done in Note
CF 1 of the tax return.
10. Henceforth, the modalities for the deduction of losses due to damage
vary between taxpayers in the brewery industry (a) and those in other
industries (b).
16. On the other hand, the ordinary law system for recording damages
and breakages remains applicable to capital goods, spare parts and
19. Also, under the current legislation, no option for the actual approach
is allowed to the taxpayer in cases where the flat-rate approach as
specified above is applied.
20. Section 7 C of the CGI specifies that the deduction of losses due to
breakage and damage is based on the total volume of production.
22. The total volume of production also includes products purchased for
resale and raw materials used exclusively and directly in the
manufacture of brewery products.
24. For the valuation of the total volume of production, the following
shall be taken into account :
27. Non-compliance with the 0.5% deduction rate shall result in the
reintegration of the excess and shall entail the recall of Company
Tax and Tax on Income from Transferable Capital as well as Value
Added Tax and excise duties.
Example :
The company BREWERY recorded for the year N :
- production FCFA 10 billion (FCFA 7 billion for products
manufactured by the company and FCFA 3 billion for products
purchased for resale in the same condition)
- the stock of raw materials of FCFA 2 billion;
- purchase of packaging: FCFA 1 billion.
The stock variation of this company amounts to + FCFA 2 billion.
What is the amount of the loss due to damage and breakage of this
company admitted as a deduction?
Answer :
Determination of the deduction base
- Production sold = FCFA 10 billion.
- Raw material = FCFA 2 billion
- Stock variation = + FCFA 2 billion.
- Total volume of production = FCFA 10 billion + FCFA 2
billion + FCFA 2 billion, i.e. FCFA 14 billion.
Determination of the deductible loss for breakages and
damages:
- Deduction base: CFAF 14 billion.
- Amount of the deduction: 0.5% * FCFA 14 billion =
FCFA 70 million.
28. For industries other than the brewery sector, the deduction of losses
resulting from damages will remain subject to their actual
ascertainment by a chartered appraiser in the presence of an official
of the tax administration.
31. Any declaration of damages done without complying with the above-
mentioned conditions shall not be binding on the tax authorities. It
shall entail the disallowance of the related expense and a reminder of
the CIT, PIT, VAT and excise duties where applicable, without
prejudice to penalties and interest for late payment.
33. The new conditions for the deduction of damages both for
companies in the brewing industry and for the other industries apply
to damages incurred as of 1 January 2021. Consequently, damages
incurred in the course of the 2020 fiscal year, which are relevant in
the determination of the result of this fiscal year to be reported not
later than the 15th of March 2021, are therefore deductible under the
conditions in force before the 2020 Finance Law. 34.
37. For this circular, companies in the State's portfolio are defined as
those in which the State or any other legal person under public law
holds a share of the capital. It does not matter whether this
participation is a majority or a minority.
38. Only credit institutions on the one hand, and enterprises in the State
portfolio undergoing restructuring on the other, shall be entitled to an
extension of the deferral period for the deficit. The list of companies
undergoing restructuring as of 31 December 2020 is attached to this
circular.
41. The period for carrying forward tax losses for credit institutions and
companies in the State's portfolio undergoing restructuring is now set
at six (06) years.
42. The six (06) year carry forward period applies to deficits incurred
from the fiscal year ending on 31 December 2021. For example, a
loss incurred in the year 2021, can be carried forward until 2027.
43. However, tax deficits incurred before 2021, for which the deduction
period covers the 2021 fiscal year, may be deferred until the sixth
year. The same applies to deficits arising from 2017 onwards, which
can be carried forward until 2023.
c. Miscellaneous provisions
44. Staff must always ensure that the company benefiting from the six
(06) year deferral period is actually in a restructuring situation based
on a decision by the authorised bodies. They must also refer, if need
be, to the lists of credit institutions and State portfolio companies
undergoing restructuring as of 31 December 2020 attached to this
circular.
45. The 2021 Finance Law lowers by two ( 02 ) points the rate of tax on
profits for small and medium-sized enterprises (SMEs). The
applicable rate for the latter is thus reduced to 28%.
a. Eligibility criteria
b. Application modalities
49. The application of the SME income tax rate is not subject to prior
authorisation by the tax authorities. However, the tax authorities
reserve the right to carry out subsequent routine audits, per the
provisions of the Manual of tax procedures (MTP).
50. When, at the end of a tax audit relating to a fiscal year that was taxed
at the 28% rate, it is established that the turnover for the said fiscal
year exceeds FCFA 3 billion, staff shall recall the tax at the standard
rate of 33%, without prejudice to penalties and interest for late
payment, and reclassify in the appropriate management structure (the
LTO) if necessary.
52. The application of the reduced rate of 28% does not exclude the
benefit of the reductions provided for by other derogatory regimes,
in particular the regime for the promotion of approved management
centres and the incentive regimes of the law of 18 April 2013 laying
down incentives for private investment in the Republic of Cameroon.
54. The 28% corporate income tax rate applies to the results of the tax
year ending on 31 December 2020, for which the tax returns must be
filed by no later than 15 March 2021.
55. The 2021 Finance law increases from FCFA ten (10) million to fifty
(50) million the upper limit of savings account investments whose
interest is exempt from the capital gains tax (IRCM).
Example :
59. Term deposits, savings plans and, in general, any type of investment
with a maturity date are not considered as savings accounts within
the meaning of this provision.
61. Staff shall also make the necessary enquiries at financial institutions
to ensure that interest on excess investments made by persons
holding several accounts is subject to the capital gains tax.
64. The procedure for filing this return differs according to whether the
taxpayer is a professional or a non-professional taxpayer.
65. Individuals who are professional taxpayers are persons liable to tax
on income from an economic activity which they carry out directly,
regularly and for a lucrative purpose. They are taxpayers engaged in
a commercial, industrial or agricultural activity or a liberal
profession.
68. The same applies to natural persons who undertake to perform work,
on a full-time or part-time basis, on behalf of an employer in return
for a wage or salary.
1.7 Section 105 (new): Enhancing the tax scheme for the promotion
of youth employment.
72. The 2021 Finance Law extends the benefit of the tax scheme for the
promotion of youth employment to companies that qualify for
exemption schemes and to companies under the simplified system of
assessment that are members of an Accredited Management Centre.
76. This measure shall apply to recruitments taking place from 1 January
2021. However, companies approved under the derogatory regimes
and those under the simplified tax regime having recruited young
graduates before 1 January 2021 may claim the benefit of the related
tax benefits for the remaining period. To this end, they must inform
their tax office of affiliation.
1.8 Sections 108 and 109: Increase of the tax incentives of companies
listed in the CEMAC stock exchange.
77. The 2021 Finance Law has made the tax regime for promoting the
sub-regional stock market permanent (a). Besides, companies listed
on the stock market now benefit from a reduction in the advance
income tax rate (b), as well as a single tax rate on their profits (c).
78. Until 31 December 2020, the tax regime for the promotion of the
stock exchange sector was subject to two limitations:
- on the other hand, the benefit over a period of three (03) years
from admission to the stock exchange, of the reduction of the
CIT granted to listed companies.
79. These two restrictions are now repealed. Companies that list their
ordinary shares on the Central African Stock Exchange (BVMAC)
are eligible for the tax scheme for the promotion of the stock
exchange sector, as from the date on which the listing takes place.
82. The above rate of advance payment of 1.5% is increased by 10% for
the additional council tax, i.e. a total of 1.65%.
- which are deemed to make a public call for capital under the
provisions of Article 81 of the OHADA Uniform Act relating to
commercial companies and Economic Interest Groups (EIGs)
and which consent to the admission and exchange of all or part
of their equity and debt securities on the Stock Exchange.
87. As soon as they are removed from the stock exchange, companies
previously listed are obliged to apply the ordinary law rate as from
the returns for the fiscal year in which they ceased to be listed.
88. The reduced rate of the advance payment of the CIT of 1.5% applies
to the operations of listed companies carried out as from 1 January
2021 and whose declaration must be filed by 15 February 2021 at the
latest.
89. The reduced rate of 25% of the corporation tax applies to the results
of listed companies obtained in respect of the 2021 fiscal year and
filed by 15 March 2022 at the latest.
92. To benefit from the tax regime for the promotion of the digital economy,
the following combined conditions must be met by the start-up company
94. The start-up shall benefit during this phase, which may not exceed
five (05) years, from exemption from all taxes, duties, fees for which
it is liable in real or legal terms, except for social contributions.
For the first five years of operation, the start-up benefits from :
• the exemption of the business licence ;
98. The benefits of the start-up promotion scheme are dependent on the
membership of an accredited management centre. However, a
traditional AMC may create a specific branch dedicated to start-ups.
In this case, members who are start-ups benefit from the advantages
listed above.
99. A specific text will specify the obligations of CGAs managing start-
ups eligible for the above-mentioned favourable regime.
2.1 Section 122: Improvement of the tax scheme for the promotion of
agricultural activities.
c) Port services carried out in the port area and national territorial
waters
- provision of personnel;
118. These services are outside the scope of VAT and cannot, in
any case, be subject to zero rate or give rise to refund or
compensation of VAT credits.
123. Before the 2021 Finance law, cosmetic products were subject
to excise duty at a general rate of 25% regardless of their origin,
local or foreign.
124. The Finance Act for the year 2021 abolishes excise duties on
locally produced cosmetic products. Only imported cosmetic
products remain subject to these duties.
127. Also, the Finance Act for the year 2021 extends the scope of
application of excise duties to the following products when they are
imported:
129. However, where these duties could not be collected at the gate
or were partially collected, the tax authorities are entitled to make
adjustments by the provisions of Article 140 bis of the CGI.
131. The Finance Law for the 2021 fiscal year aligns the provisions
of the above-mentioned section 147 with section 142 (4), by
specifying that the exports to be taken into account in the numerator
for the determination of the deductible proportion for VAT purposes
must concern only exports of taxable products, exports of exempt
products are thus to be excluded.
Example:
134. The 2021 Finance Law allows international bodies that have
signed agreements with Cameroon to benefit from the refund of
VAT credits.
138. The procedures for VAT refunds are the same as those for
diplomatic or consular missions and international organisations. In
this regard, eligible organisations shall apply for VAT refund, duly
stamped at CFAF 25,000, to the Minister of External Relations, who
shall forward it, to the Minister of Finance (Director General of
Taxation) for further processing.
139. The 2021 Finance Law reinforces the collection measures for
the STPP through the formal suspension of petroleum product
withdrawals by marketers who owe the STPP. It also adapts the
liability regime of the legally liable persons of this tax, i.e. SCDP
and SONARA, by providing, under certain conditions, for the
possibility of direct proceedings against the actual liable persons.
141. Under the 2021 Finance Law, failure by the legally liable
persons (SCDP or SONARA) to remit within this timeframe due to
the default of a marketer shall oblige the companies in charge of
managing oil depots or refineries to immediately suspend the
removal of the marketer in default.
142. The legally liable person shall send a copy of the suspension
decision to its tax office, accompanied by the amount of the
corresponding tax (STPP).
145. To benefit from the relief from liability for unpaid STPP, the
legally liable persons (SCDP and SONARA) must meet the
following two requirements:
148. However, if the legally liable person does not submit the list of
defaulters within the aforementioned period of five days, a notice of
collection is issued against the latter and forced collection measures
are initiated against him. The same applies when the marketer
provides proof of payment to the legally liable person and it is the
latter who is in default.
151. The receipt for payment of the TSPP due in respect of the
collection notice issued or the letter of moratorium shall serve as
proof to lift the suspension. In all cases, the legally liable person
must be formally informed by the tax office. I, therefore, invite the
frontline services directly concerned and the Department in charge of
tax collection to take the necessary steps to inform the legally liable
persons in real-time that the situation of the defaulting marketers has
been regularised.
152. Where the defaulting marketer is not under the authority of the
LTO, the DGE is obliged to provide the competent management
centre with information on the unremitted STPP within 48 hours, so
that it can initiate proceedings against the marketer.
155. The 2021 Finance Law reduces the felling tax rate to 3% for
forestry companies that can justify a sustainable forest management
certification.
161. The reduced rate of the felling tax applies to logs felled as of 1
January 2021 by companies that hold a valid sustainable forest
management certification on that date.
164. This solidarity of payment implies the obligation for the client
company to ensure when purchasing that the felling tax has been
paid by the logger. Therefore, it must require its business partner to
present a valid tax clearance certificate. If this is not the case, the tax
is withheld at source by the client company when the invoice is paid
and is paid on the 15th of the following month to the tax office to
which it is attached.
170. The option taken is irreversible until the end of the fiscal year.
It is automatically renewed for subsequent fiscal years until the
taxpayer opts out.
172. The 2021 Finance Law rearranges the deadlines for paying the
regeneration tax.
183. For the record, the transfer of a business involves the transfer
of the elements that constitute the said assets. Under the provisions
of Articles 135 and 136 of the OHADA Uniform Act on General
Commercial Law, these include, inter alia, the goodwill, the sign, the
trade name, the leasehold rights and the movable objects used in the
business.
194. The 2021 Finance Law extends the scope of application of the
stamp duty on advertising to free distributions made during
commercial promotion.
199. The 2021 finance law has increased the rate of stamp duty on
the advertising of tobacco and alcoholic beverages from 10% to
15%.
201. The new rate of the stamp duty on tobacco and alcoholic
beverages advertising shall apply to advertising operations carried
out as of 1st January 2021.
4.6 Sections 609 to 612 and C 118: Repeal of the axle tax.
202. The 2021 Finance Law repealed the axle tax on motor vehicles
with a payload of at least three tonnes circulating on Cameroonian
territory.
208. Persons with taxpayer cards that are still valid may continue to
use them until their expiry date. However, they may, if they wish,
obtain the registration certificate, without prior authorisation from
the tax authorities, by simply visiting the DGT website at
www.impots.cm.
212. These new provisions apply to all sales of shares not declared
by 1 January 2021. The 100% fine applies only to transactions
carried out as of 1 January 2021, without prejudice to the application
of interest and penalties for late payment.
213. The 2021 Finance Law enshrines the end of payment of taxes
and duties in cash at the Tax Revenue Office on the one hand and
sets up electronic payment as the exclusive method of payment of
taxes, duties and levies for taxpayers under the jurisdiction of the
Large Tax Office (LTO), on the other hand.
215. With the entry into force of the 2021 Finance Law, the receipt
for the payment of taxes shall now be generated by the DGT's
computerised system. Manual receipts or so-called secure receipts
are thus abolished.
218. The suspension of tax audits applies to all forms of tax audits
provided for in the Manual of Tax Procedures, with the following
exceptions
219. To be granted a tax audit waiver for a given year, the company
must demonstrate an increase of at least 15% in the amount of its
voluntary payments from one year to the next.
222. To benefit from this measure for a given fiscal year, the
taxpayer shall submit to the Director-General of taxation a duly
stamped request at FCFA 25,000 within twelve (12) months
following the end of the said fiscal year.
226. This measure shall apply from the 2021 fiscal year.
228. The 2021 Finance Law now provides for two deadlines for the
payment of taxes and duties issued on the collection notice,
depending on the reason for the issue, namely:
235. The erroneous nature of the taxes generated by the system may
result from all kinds of errors relating to the assessment of the tax,
the identity of the taxpayer or the amount of the taxes issued.
b. Implementation Modalities
239. The cases in question are sent to the committee for the write-
off of debts for an opinion by the Directorate in charge of the
collection. They are defended by the competent tax collector assisted
by the Directorate in charge of the collection and the IT Division.
241. The decision of the tax relief signed by the Minister in charge
of finance shall serve as an accounting document for the settlement
of the tax debt in the books of the competent tax collection office.
247. This measure is taken into account in the annual income tax
returns of companies for the financial year 2020 and expected before
15 March 2021.
6.2 Article nineteen: Renewal for the 2021 fiscal year of the special
transaction provided for in the 2020 finance law.
248. The 2021 Finance Law extends the possibility opened by the
2020 Finance Law for tax debtors to settle their tax debts through a
compromise.
249. Only claims issued before 1 January 2020 are eligible for this
special compromise. In this respect, applications for the compromise
i. General measures
252. The 2021 Finance Law extends the carry-forward period for
tax losses and deferred depreciation by a further year.
253. Thus, any tax loss for which the deferral period has not yet
expired on 1 January 2021, benefits from an additional year of
deferral, i.e. up to the fifth year. The same applies to depreciation
deemed to be deferred, which can now be carried forward to the
following profitable years within the limit of 11 years.
256. The 2021 Finance Law provides for the full deductibility of
capital losses on the sale of receivables by restructuring companies
in sectors affected by the crisis.
7 FINAL PROVISIONS
1. SONARA
2. CAMTEL
3. CAMWATER
4. SODECOTON
5. CDC
6. PAMOL
7. SIC
8. CICAM
9. CAMPOST
10. SODEPA
I. SEEDS
II. FERTILIZERS