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Congo

travel agency services (provided by transport companies, hoteliers, restaurateurs, entertainment companies and other taxpayers who physically provide the services used by the customer) – difference between the total price, including all taxes, demanded from the customer and the price actually billed to the organisations concerned by suppliers and service providers contributing to the physical provision of the service received by the customer;

state contracts financed by national budgets, contracts concerning public sector industrial, commercial, scientific, technical and administrative corporations, semi- public companies, public sector authorities and organisations with or without legal personality – contract price including all taxes, except for VAT itself;

imports inside CEMAC – ex-works value, excluding transportation fees; and

imports outside CEMAC – customs value of the goods plus customs or excise duties.

However, in principle, all operations where the consideration is not taxable should be excluded from the tax base, such as the following:

price discounts, rebates and reductions;

outward payments; tips;

operations carried out by agents and brokers;

payments not made in return for a taxable operation; and

payments received as deposits for recoverable packaging.

imports and oil products – when they are made available for consumption;

services – when the consideration is received. For self-deliveries and self-provision of services, the time of supply is the first use or first commissioning; and

other cases – collection of the price.

Value of supply

The taxable value of a supply is the total of all monies, funds, goods or services received in return for the operation, including subsidies and all expenses, taxes and deductions of any nature, excluding the VAT itself, which in practice means all payments in cash or in kind received by the supplier or service provider in return for the goods or the service concerned.

The taxable value of supply must be determined according to the nature of the taxable operation performed, particularly taking account of the elements summarised below:

goods deliveries – all sums or benefits, goods or services received by the supplier forming the consideration for the delivery, as well as all expenses, taxes of any nature, excluding VAT itself, and ASDI;

deliveries to oneself – cost price of mined, produced or manufactured goods;

provision of services – all monies and benefits received and the value of any goods incorporated in the provision of the service;

swaps – value of the products or services received as payment for the goods delivered or services supplied, plus any money received;

secondhand goods trade – the vendor’s profit margin;

property works – contract, invoice or bill price;

VAT compliance

Returns and payment of VAT

The monthly VAT return is a VAT summary statement for the month concerned showing the taxpayer’s debit or credit position with respect to the Treasury. The return for a given month must be made on a special form by the 15th day of the following month accompanied by the payment instrument.

If no operations are carried out during a particular month, the form of the return still has to be filed but will be marked ‘nil’.

Adjustments concern additional deductions made as a result of errors or omissions in a previous return, refunds requested in the following month (whether or not the refund has been granted by the tax department) or, on the contrary, refunds made for VAT wrongly deducted on a previous return.

The VAT to be paid is equal to the difference between the gross VAT paid during the month (tax base x 18%) and the deductible VAT, plus any VAT credit recorded for the previous month. This comparison, therefore, produces net VAT payable or a VAT credit. In the first case, the net VAT payable must be paid when the return is filed. In the second case, the VAT credit should be entered on a special line of the form of the return for the following month or, in certain specific cases, may be the subject of a refund application.

Interest and penalties

The penalties which may be applied by the Tax Department, depending on the offences committed, are summarised below:

  • monthly return filed late – 5% of the tax due or, if no tax is due, XAF50,000;

PricewaterhouseCoopers 35

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