Subject to the provisions of double tax treaties (DTTs), profits subject to corporate income tax (CIT) in Gabon are those obtained by companies exploited in Gabon or those relating to operations carried out in this country.
As the Uniform Act of the Organisation for the Harmonisation of Business Law in Africa (OHADA) relating to the law of companies and economic interest groups has introduced the simplified stock company (SAS) in the OHADA area, the General Tax Code has enlarged the application of the CIT to include the SAS. The application of the CIT has been extended, on an optional manner, to companies of owners of ships or built and unbuilt properties, for the part of the shareholders indefinitely liable and whose identity is known by the administration.
The CIT rate is fixed at 30%.
The CIT rate is 35% for companies operating in the oil and mining sectors and 25% for the following entities:
- Companies owning intellectual property (IP) shares.
- The Gabonese Development Bank.
- Authorised companies of property promotions.
- Public companies.
- Non-profit partnerships and collectives.
- Authorised companies of the tourism sector.
CIT is assessed on profits minus deductible expenses and charges. Profits are composed of all operations carried out in Gabon by companies during the period of taxation, including, notably, capital gains on fixed assets.
In the absence of any mean or supporting document to determine the result taxable to CIT, the said taxable result will be determined after deducting, from the turnover out of taxes automatically reconstituted, a lump sum discount equal to :
- 70% for the companies which activities relate to purchase, resale or production of goods destined to resale ;
- 50% for the companies providing services ;
- 40% for liberal professions and assimilated.
Capital gain realised in the scope of the transfer of social rights of persons whose assets are mainly constituted of such rights or rights held directly or indirectly in a company located in Gabon is subject to CIT in Gabon. The company located in Gabon whose rights are transferred must collect and remit to the tax administration the tax due within one month from its performance or the buyer and the seller will have a solidarity of payment.
Non-resident companies shall be taxed via withholding tax (WHT) at the rate of 20% for income raised in Gabon if they have no permanent establishment (PE) in Gabon.
In cases where non-resident companies have PE in Gabon, they shall be subject to CIT on the income raised in Gabon via the Gabonese PE.
Impôt Minimum Forfaitaire (IMF)
The IMF is a lower limit to the CIT and is calculated as 1% of the global turnover carried out during the fiscal year of taxation.
The turnover on which the IMF is calculated corresponds to all the revenues resulting from the operations carried out during the fiscal year, including the financial and exceptional profits.
Minimum de Perception (Minimum of Perception)
The Minimum of Perception is the ultimate lower limit to the CIT, as the amount of CIT paid by a taxpayer cannot be less than XAF 1 million, even in the absence of profit.
New companies (as defined in Articles 194, and following, of the Gabonese Tax Code), without consideration of the sector of activity, are exempt from this minimum tax during the first two fiscal years of their existence.
Local income taxes
There are no local government taxes on income in Gabon.