WHT in the general regime (i.e. any sector other than the oil and gas sector)
According to the 2021 Budget Law of Equatorial Guinea, there is a 15% tax withheld on the gross incomes obtained in Equatorial Guinea by non-resident entities and for individuals.
There is a 15% WHT on royalties for non-CEMAC residents.
Dividends and interests paid to non-residents are subject to 25% WHT.
WHT on the oil and gas sector
In Equatorial Guinea:
- a 6.25% WHT must be applied to payments made to a resident entity within the oil and gas sector
- a 15% WHT must be applied to payments made to a non-resident entity and individuals within the oil and gas sector, and
- a 5% WHT must be applied to payments made for mobilisation, demobilisation, and transportation services.
In practice, the tax authorities consider this tax only applies to sales of services.
The tax basis is composed of the gross amount paid to the provider.
The WHT paid by non-resident entities/individuals is considered as final tax.
Since 1 January 2019, the WHT suffered by resident entities/individuals will no longer be considered as a tax credit but as a deductible expense.