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Chapter 1
GENERAL PROVISIONS
Article 1
The present law states the accounts, financial and tax system applicable to partnership CONTRACTS and contracting partners’ services in accordance with law n° 2006/012 of the 29th December 2006 creating partnership CONTRACTS.
Article 2
(1) The accounts, financial and tax system provided by the present law is known as stable and specific.
(2) The stability refers to fixity of tax, financial, and accounts clauses of contracts signed in accordance with the law.
(3) Specificity is the waiver character of the tax financial, and accounts system applicable to partnership
CONTRACTS.
Chapter II
TAX SYSTEM
Article 3
The tax system applicable to partnership CONTRACTS is specific to the conception, realisation and operation phases of an investment project.
Section I
CONCEPTION AND REALISATION PHASES
Article 4
At the conception and realisation, tax profits are at follows:
- Reimbursement by the contractor’s budget of the VAT related to local imports and purchase of materials
- Free registration conventions and acts between the contracting partner and the PUBLIC CONTRACTOR in the realisation of investment projects.
Article 5
(1) Imported equipment and materials destined to investment projects in partnership agreement benefit from the consumption and reimbursement of taxes and duties by the contractor’s budget;
(2) The aforementioned taxes and duties comprise, apart from the Common External Tariff applicable to projects, the VAT tax likely to be supported at Imports, Communal Special Surtax, Integration Community Tax, Integration Community Contribution, OHADA tax, but royalties for service achieved.
(3) The aforementioned equipment and materials in paragraph 1 must compulsory be accompanied with the following documents: bill of lading or waybills, bills, freight and import declaration bearing the name of the owner of the contract with the contract number enclosed.