La société IMAC Audit est spécialisée dans l’expertise comptable Tunisie et la création d'entreprise en Tunisie

Legal system

Tunisia is a Civil Law Republic. The Republic is divided into twenty-three regions, Tunisian legislation and regulations favor transparency at all levels.

A.Taxation

The tax laws include two direct tax regimes: income tax and corporate tax.

Income Tax To the exception of the tax forfeit regime reserved to the inclusive making part of the ICP that consists in determining the due tax at this title by application of a scale established according to the declared turnover or that consists in a global inclusive tax of 1500 D per year, the other types of imposition are established on the basis of a taxable base to which we apply a scale with progressive rate by slice of income.

TAX SCALE

Income in TD

Tax Rate

0-1,500 0%
1,501-5,000 15%
5,001-10,000 20%
10,001-20,000 25%
20,001-50,000 30%
Over 50,000 35%

Corporate Tax

The corporate tax includes three tax rates: 10% 30% and 35%.

  • 10% for agriculture and fishing companies, societies exercising an artisan activity;
  • 35% for companies working in: financial service activities, hydrocarbon sector activities, and telecommunication operator activities ;
  • 30% as a general rule for others companies.

The corporate tax can not be less than a minimum tax equal to 0.1%of the raw turnover out off exportation and without that this minimum become less than :

  • 100 dinars for the submissive enterprises to the rate of 10%
  • 250 dinars for the submissive enterprises to the rate of 30% and 35%.

This minimum does not operated for the new companies during the 3 first years of existence

Indirect Taxes

The VAT is collected by the subjected on their taxable operations. The VAT owed by every subjected is determined while making the difference between:

(+) The VAT invoiced on sales (downstream) (-) The VAT undergone on purchases (upstream) = Owed VAT.

The VAT includes 3 nominal rates:

  • The reduced rate of 6% that concern some capital goods and services;
  • The intermediate rate of 12% that concern a limited number of products and operations;
  • The normal rate of 18%.

B.Intellectual Property

Tunisia is a signatory of the Paris Convention for the Protection of Industrial Property (copyright) and the Paris Convention Regarding Trademarks, as revised in The Hague, London and Stockholm. Tunisia is a member of the World Intellectual Property Organization and is a signatory of the UNCTAD agreement on the protection of patent and trademarks. Tunisia has withdrawn from the Madrid Agreement regarding trademarks.

C.Currency And Banking

Foreign Currency Control

The Tunisian Dinar is convertible to foreign currencies. In the area of importation of goods, all import documents which involve payments must be handled through authorized banks. Foreign currency may be purchased from the Central Bank of Tunisia (CBT) or from banks which have been designated by the CBT for the payment of imports, subject to licensing restrictions and provided that the license has been obtained prior to importation. Payments for exports received in foreign currency ordinarily must be repatriated within ten days of payment.

Banking

The CBT monitors the commercial, development and investment banks operating in Tunisia. The commercial banks provide short and mid-term credit. Development banks grant only long-term credit for the financing of large scale projects in tourism, agriculture and industry. Investment banks, which were recently created, are responsible for promoting investment projects and managing capital risks.

D.Investment Incentives

The Investment Incentives Code, entered into force in January 1994, is the law that governs both national and foreign investment. It confirms the freedom to invest in most fields and reinforces the Tunisian economy openness to the global world.

Common incentives

  • Tax relief for shareholders up to 35% of profits or net revenue subject to corporate tax or personal income tax;
  • Tax relief on profits reinvested back into the company up to a limit of 35% of taxable corporate profits;
  • Exemption from Customs duties and similar taxes and Value-added-tax (VAT at 12%) payments for imported equipment that has no locally manufactured equivalent;
  • Suspension of VAT for locally manufactured equipment purchased before the enterprise enters into production;
  • Payment of VAT (12%) for locally acquired equipment after production start up activity.

Specific incentives

Advantages to fully-exporting companies

  • Full tax exemption on exports-derived profits to 31/12/2010;
  • Reduce the corporate tax rate to 10% since 01/01/2011;
  • Full exemption on reinvested profits and income;
  • Duty free profits for capital goods including merchandise transport vehicles, raw materials, semi-finished products and services needed by the business;
  • Possibility of selling on the local market: 30% of export turnover of last year and participate in call of tender on the public market.

Regional development zones

The investment incentives code provides benefits for investments in zones being encouraged in the context of regional development.

  • Full tax exemption on reinvested profits and income;
  • Exemption from contribution to the fund to provide housing for wage earners (FOPROLOS) for the first five years dating from effective start up of activity.

1-Zones being encouraged in the context of regional development in tourism:

  • 100% for the first 10 years dating from effective start up of activity;
  • 50% for the second 10 years.

2- Zones being encouraged in the context of regional development in industry, handicrafts, and certain service activities

  • 100% for the first 10 years dating from effective start up of activity;
  • 50% after the first 10 years.

E.Labor Law

Sources of regulation

Employment relations in Tunisia are governed by the Labor Code of 1966 (LC), Act 66-27 of 30 April 1966, last amended in 2006. Another important source of regulation is the Framework Collective Agreement (FCA) concluded on 20 March 1973 as amended.

Contracts of employment

The Labor Code sets standards regarding employment conditions, such as the maximum number of work hours per week, the minimum wage level, overtime work rate, annual leave and labor contracts for a definite or an indefinite period of time.

Leave a Reply

You must be logged in to post a comment.

WordPress Video Lightbox