Guinea Individual Tax Guide

Worldwide Personal Tax and Immigration Guide 2021–22

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Guinea ey.com/globaltaxguides

Conakry

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EY Immeuble de l’Archevêche Avenue de la République B.P. 1762 Conakry Guinea Executive and immigration contacts René Marie Kadouno Rouguiata Diallo

+224 654-99-99-09, +224 621-99-99-09 Email: rene-marie.kadouno@gn.ey.com +224 628-93-04-20, +224 621-99-99-09 Email: rouguiata.diallo@gn.ey.com

A. Income tax Who is liable. Individuals resident in Guinea are subject to tax on worldwide income. Nonresidents are subject to tax on Guineasource income only.

Individuals are considered resident if they meet either of the following conditions: • They maintain a home in Guinea or stay there for more than six months in a year.

• They are engaged in employment or self-employment activities in Guinea, unless they prove that these activities are incidental to activities performed abroad.

Income subject to tax

Employment income. Taxable income generally consists of all remuneration received, including, salaries, treatments, indemnities, allowances, premiums and bonuses paid, benefits in kind and benefits in cash. However, the following indemnities, allowances, bonuses or premiums are not taxable: • Housing • Transportation • Meals or food • Cost of living • Chalk Self-employment and business income. In general, self-employed residents are subject to general income tax on their worldwide income from professional and commercial activities. Selfemployed nonresidents are subject to general income tax on income derived from activities performed in Guinea.

Taxable income consists of total net income from all categories.

Taxable income from commercial activities includes all receipts, advances, interest and gains directly related to the activities.

Generally, taxable income is calculated on an accrual basis; however, taxpayers may elect to calculate taxable income using a deemed-profits system if gross revenue does not exceed a certain amount.

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Taxable income from professional activities is determined on a cash basis, meaning the difference between receipts and ­expenses paid during the calendar year, including gains or losses from the sale of professional assets.

A loss incurred in one category of income may not offset income from other categories. However, the loss may be carried forward for three years to offset income in the same category.

Investment income. Dividends and interest income from investments in Guinea are subject to a withholding tax, which constitutes a prepayment of the general income tax (see Rates). Under certain conditions, this withholding tax is a final tax. The withholding tax rate for dividends is 10%. The withholding tax rate for interest is 10%.

Directors’ fees are treated as investment income and are subject to general income tax at a rate of 10%.

If the payer is a resident of Guinea and if the nonresident recipient does not have a business establishment in Guinea, the payer must withhold the final 15% general income tax on amounts paid to nonresidents for copyrights and for the use of intangible assets.

The withholding tax rate on services fees paid to nonresident entities or individuals is 15%.

Capital gains. Gains derived from the transfer of shares are subject to withholding tax at a rate of 10%.

Capital gains related to self-employment activities generally are included with other self-employment income and taxed as describ­ ed in Self-employment and business income and Rates. However, capital gains from sales of fixed assets may be exempt from tax if reinvested.

Deductions

Deductible expenses. The following expenses are deductible: • Social security contributions • Amounts withheld by an employer for a legal pension plan Personal deductions and allowances. No personal deductions or allowances apply if an employee receives only employment in­come and does not elect joint taxation of the combined income of all household members. If joint taxation of the household is elected, individuals may take a personal deduction of GNF30,000 for each member of the household, up to a maximum of six persons.

Business deductions. The following expenses are deductible for commercial, professional and agricultural activities: • Expenses necessary to carry on the activities, including personnel and rental expenses • Depreciation • Provisions for losses and expenses if the accrual method of accounting is used Rates

Employment income tax. The following table presents the progressive tax rates on employment income.

592 G u i n e a Taxable income Exceeding Not exceeding GNF GNF

0 1,000,000 5,000,000 10,000,000 20,000,000

1,000,000 5,000,000 10,000,000 20,000,000 —

Tax rate %

0 5 10 15 20

Tax withheld by an employer during the year is a final tax if an employee receives employment income only. However, if an em­ployee receives other types of income, the withholding is a prepayment toward the general income tax (see General income tax).

General income tax. General income tax is levied on taxable in­come. A withholding tax is levied separately on taxable income from commercial, professional and agricultural activities. The applicable rates vary from 25% to 35% for commercial activities (depends on the sector of activities concerned), 25% for professional activities and 15% for agricultural activities. This withhold­ ing tax is a final, fixed rate general income tax for self-employed persons who do not elect the taxation of all household members and who have only one source of income that is taxed under a deemed-profits system. For self-employed persons with more than one source of income or for self-employed persons who are taxed on actual profits rather than deemed profits, the withholding tax is a prepayment that offsets the general income tax.

General income tax is levied at the following progressive rates.

Taxable income Exceeding Not exceeding GNF GNF

0 100,000 1,000,000 1,500,000 3,000,000 6,000,000 10,000,000 20,000,000

100,000 1,000,000 1,500,000 3,000,000 6,000,000 10,000,000 20,000,000 —

Tax rate %

0 10 15 20 25 30 35 40

Nonresidents. If a payer is a resident of Guinea and if the nonresident recipient does not have a business establishment in Guinea, the payer must withhold the final 15% general income tax on the following gross amounts: • Amounts paid for independent professional services • Amounts paid to inventors • Amounts paid for services, regardless of their nature, ­materially rendered in Guinea The withholding tax rate on services fees paid to nonresident entities and nonresident individuals is 15%.

Nonresidents who perform incidental activities for employers estab­lished in Guinea are subject to withholding on their wages

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related to Guinean activities at the rates that apply to employment income. This withholding tax constitutes only a prepayment of tax. Non­resident employees receiving wages from non-established employers for incidental Guinean activities are subject to general income tax instead of withholding.

B. Inheritance and gift taxes Inheritances and gifts are subject to tax at progressive rates ranging from 1% to 3%, depending on the net value of the inheritance or the gift and on the beneficiary’s relationship to the deceased or donor.

C. Social security The following social security contributions are required.

Paid by employers Family allowances Industrial accidents Medical expenses and disability Old age pensions and death benefits Paid by employees Medical expenses and disability Old age pensions and death benefits

Rate (%)

6 4 4 4 2.5 2.5

Contributions are levied on total remuneration paid, up to a month­ ly ceiling of GNF2,500,000. Employees’ contributions are withheld monthly by employers.

D. Tax filing and payment procedures The tax year for individuals is the calendar year.

General income tax returns must be filed by 30 April following the close of the tax year. A self-employed individual subject to general income tax must file an income tax return by 30 April.

General income tax computed is payable on receipt of a tax assess­ment.

E. Tax treaties Guinea has entered into double tax treaties with France, Morocco, Tunisia and the United Arab Emirates.

F. Entry visas and permits Foreign nationals, even those classified as residents, must obtain visas to enter Guinea. Visas may be obtained from Guinean consulates and embassies abroad.

Nationals of member countries of the Economic Community of West African States (ECOWAS; the French translation is Com­ munauté Économique des Etats de l’Afrique de l’Ouest or CEAO) and nationals from certain countries that have concluded special agreements with Guinea do not need visas to enter the country.

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A short-term visa is issued for initial entry into Guinea and is valid for a period ranging from one day to a maximum of three months.

G. Work permits and self-employment No visa authorizes an individual to work. A work permit authorized by the national employment and labor office (AGUIPE) must be obtained.

Nationals of member countries of the ECOWAS do not need an authorization to work in Guinea.

The request for an initial work permit is made by a letter from a prospective employer explaining the reasons why the applicant is being hired. It should be accompanied by four copies of the expatriate work contract, two identification photographs, hotel reservations or an invitation letter, and a return flight ticket.

When reviewing work and residence permit applications, the government of Guinea considers the benefit of an individual’s presence in the country and his or her anticipated compliance with the laws and regulations of Guinea.

It is possible to change employers after the applicant receives a permit. However, if the employer changes, it should be reported to the AGUIPE. Foreign nationals may establish businesses in Guinea. In addition, foreign companies may set up subsidiaries headed by foreign nationals.

H. Residence permits Long-term residence permits are issued to foreign nationals in­tend­­ing to stay in Guinea for periods exceeding three months.

These permits must be renewed annually. Permanent residence permits are not available in Guinea.

Residents themselves must take the necessary steps to obtain long-term residence permits and multiple-entry and exit visas.

Embassies or consulates abroad provide applicants with the documentation that must be filled out. An international vaccination certi­f icate for yellow fever must be presented to the embassy or consulate abroad, or at the port of entry in Guinea. Reasons for refusal are indicated by the embassies.

The costs of short-term and long-term permits vary. The prices are published by the Ministry of Economy and Finance (MEF).

Both types of permit must be renewed every year.

I. Family and personal considerations Family members. The spouse of a permit holder automatically

receives a residence permit to live in Guinea. If the spouse wishes to work, he or she must apply for a work permit independently of the principal permit holder.

G u i n e a 595 Driver’s permits. Foreign nationals may not drive legally in Guinea using their home-country driver’s licenses. However, they may drive legally with an international driver’s license for the duration of the license. On the expiration of a foreign national’s international driver’s license, he or she has the following options: • To renew the international driver’s license • To request a Guinean driving authorization • To request a Guinean driver’s license

To obtain a Guinean driver’s license, individuals must take a written exam similar to the one given in France.