Step-by-step guide to navigation the regulatory
environment and administrative procedures for an Investor
Incentives regime provided for in the General Tax code
The incentives in addition to the common system (application of the General Tax Code), include
1. Re-investment regime
The re-investment regime mainly concerns older enterprises. It applies to reinvestments of at
least €25 million in the following main sectors
- Agriculture;
- Industry;
- Forest
- Social;
- Information and Communication Technologies (ICT)
- Tourism
The clear advantage is that it allows a
50% reduction in corporate tax (IS) or personal income tax (IRPP) on the amount of
reinvestments, up to a maximum of half the declared profit. For ICTs, this reduction
corresponds to 25% of the reinvestment, up to a maximum of a quarter of the declared profit
2. Stock regime
The stock market regime applies to newly listed companies. The conditions are those relating to stock market listing. The main advantages of this regime are reduced corporate
tax rates depending on the stock market transactions carried out (increase, sale of
shares, etc.)
3. Strategic enterprise regime
The strategic enterprise regime mainly applies
to new enterprises. The main conditions are as follows:
- Invest in one of the sectors covered by the reinvestment regime;
- Provide one permanent Cameroonian job for every 20 million invested and 50% of annual
turnover excluding VAT must come from exports;
- Be included as a strategic enterprise in the master plan for industrialisation.
The main advantages during the setup phase are free registration fees and others relate
to certain tax and customs exemptions provided for by Law 2013/004 of 18 April 2013,
during operation
Incentives for investors
Under the law n° 2013/004 of 18 April 2013
to lay down private investment incentives in the Republic of Cameroon, and according to
Order No. 00000366/MINFI/SG/DGI/DGD of 19 November 2013 to specify the terms and conditions,
companies that invest benefit from the following advantages:
I. Common Incentives
1. New enterprises (those investing for the first time)
A. During the installation phase
1. Internal Taxation
(a) Registration duties:
- Exemption from registration duties for leases of buildings for exclusive
professional use as an integral part of the investment programme;
- Exemption from transfer duties on the acquisition of buildings, land and
structures essential to the implementation of the investment programme;
- Exemption for buildings and installations needed for their investment programme;
- Exemption from registration duties for concession contracts;
- Exemption from registration duty on deeds
of incorporation or capital increases.
(b) With regard to Value Added Tax (VAT)
- Exemption from VAT on the supply of services related to the implementation of the
project and originating from abroad;
- Exemption from VAT on imports of equipment and materials related to the
investment programme;
(c) In terms of local taxation
Exemption from patent for the duration of the installation phase
2. Door-to-door taxation
- Exemption from taxes and customs duties on all equipment and materials related to the
investment programme;
- Direct removal of equipment and materials related to the investment programme during
customs clearance.
B. During the operation phase
1. Category A
(a) Selection criteria:
Any company that undertakes to make investments of less than or equal to one (1) billion
CFA francs over a maximum period of five (5) years and to meet at least one of the following
criteria:
- Create at least one (1) job for every twenty (20) million invested during the operating
phase in the industrial, tourism, craft, agricultural, livestock and fisheries
sectors;
- Generate an activity in which annual exports represent at least 25% of pre-tax turnover
over the first five years of production in the above sectors of activity;
- Use at least 20% of national natural resources as inputs in the above sectors,
excluding labour, water, electricity and telecommunications;
- Generate a minimum 30% added value increase in the above sectors of activity.
(b). Benefits granted:
i. Internal taxation:
- 50% reduction in corporate income tax or tax on industrial and commercial profits for
five (5) years ;
- Exemption from registration duty on loans, borrowings, current account advances and
guarantees for five (5) years;
- Free registration without stamp duty on deeds relating to the increase, reduction, repayment and liquidation of share capital for five (5) years;
- 50% reduction in registration duty on deeds transferring ownership or use of property
and leases for five (5) years;
- 50% reduction in tax on income from movable capital (IRCM) on the distribution of income
for five (5) years;
- Deferral of losses until the fifth financial year following the year in which they
arise, for a period of five (5) years.
i. Internal taxation:
-
5% reduced rate of customs duty on imports of equipment, tools, parts, intermediate pro-
ducts, supplies and consumables that have no similar local manufacture, with the
exception of duties, taxes and other non-tax charges in the nature of remuneration for
services;
2. Category B
(a) Selection criteria:
Any company that undertakes to make investments of more than one (1) billion CFA francs and
less than or equal to five (5) billion CFA francs over a period of no more than five (5)
years and to meet at least one of the following criteria :
- Create at least one (1) job during the operating phase for every twenty (20) million
invested in the industrial, tourism, craft, agricultural, livestock and fisheries,
social housing, sports, health and education sectors;
- Generate an activity in which annual exports represent at least 25% of pre-tax turnover
over the first five years of production in the above sectors of activity;
- Use national natural resources or local products to the extent of at least 25% of the
value of inputs
into the above sectors of activity, excluding labour, water, electricity and
telecommunications;
- Generate a minimum 25% added value increase in the above sectors of activity.
(b) Benefits granted:
(i). Internal taxation:
- 50% reduction in corporate income tax or tax on industrial and commercial profits for
five (5) years;
- 25% reduction in corporate income tax or tax on industrial and commercial profits from
the sixth to the tenth year;
- Exemption from registration duty on loans, borrowings, current account advances and
guarantees for five (5) years;
- free registration without stamp duty on deeds relating to the increase, reduction, repayment and liquidation of share capital for ten (10) years;
- 50% reduction in registration duty on deeds transferring rights on ownership or use of
property and leases for five (5) years;
- 50% reduction in tax on income from movable capital (IRCM) on the distribution of income
for five (5) years;
- 25% reduction in tax on income from movable capital (IRCM) on the distribution of income
from the sixth to the tenth year;
- Deferral of losses until the fifth financial year following the year in which they
arise, for a period of fiven (5) years.
(ii). Door-to-door taxation
- 5% reduced rate of customs duty on imports of equipment, tools, spare parts,
intermediate products, supplies and consumables that have no similar local manufacture,
except duties, taxes and
other non-tax charges in the nature of remuneration for services.
3. Category C
a. Selection criteria
Any company that undertakes to make investments above one (5) billion francs over a maximum
period of five (5) years and to meet one of the following criteria :
- Create at least one (1) job for every twenty (20) million invested during the operating
phase in the industrial, tourism, craft, cultural, sports, health, education, energy,
agricultural, livestock and fisheries, social housing and urban transport sectors;
- Generate an activity in which annual exports represent at least 20% of pre-tax turnover
over the first five years of production in the above sectors of activity;
- Use at least 25% of national natural resources as inputs in the above sectors,
excluding labour, water,
electricity and telecommunications;
- Generate a minimum 25% added value increase in the above sectors of activity.
b. Benefits granted:
(i). About internal taxation:
- 75% reduction in corporate income tax or tax on industrial and commercial profits for
five (5) years;
- 50% reduction in corporate income tax or tax on industrial and commercial profits from
the sixth to the tenth year;
- exemption from registration duty on loans, borrowings, current account advances and
guarantees for five (10) years;
- free registration without collection of the graduated stamp on deeds relating to the
increase, reduction, redemption and liquidation of share capital for ten (10) years;
- 50% duty reduction on deeds transferring ownership or use of property and leases for
five (5) years;
- 50% reduction in tax on income from movable capital (IRCM) on the distribution of income
for five (5) years;
- 25% reduction in tax on income from
movable capital (IRCM) on the distribution of income from the sixth to the tenth year;
- Deferral of deficits after five years, with effect from that of their occurrence 10
(ten) years.
(ii). Door-to-door taxation
5% reduced rate of customs duty on imports of equipment, tools, spare parts, intermediate
products, supplies and consumables that have no similar local manufacture, with the exception of duties, taxes and other non-tax charges in the nature of remuneration for services.
2. Existing enterprises (those who have already invested and are in the
operational phase)
Conditions :
when the new investments aim to :
- Either an increase in the production of goods or services of at least 20% compared with
production in the previous financial year;
- A minimum 20% increase in the number of Cameroonian staff employed prior to project
implementation.
Advantages -
For a period not exceeding five (5) years from the date of issue of the approval,
companies benefit from :
1. Internal taxation :
- a reduction in corporate income tax or business profits tax based on 25% of the amount
invested, up to a maximum of half the profit declared for the tax year in question.
- exemption from VAT on equipment and materials imported for use in the extension project.
2. Door-to-door taxation :
5% reduction in customs duties on imports of equipment relating to the expansion project
1. New and existing companies benefit
from an income tax credit for operations carried out in Cameroon, provided they meet at
least one of the following criteria:
- Financing of sports, cultural or social infrastructure;
- financing of public interest activities in rural areas;
- recruitment of at least five (5) young higher education graduates per year;
- acquisition and installation on the investment site of specialized materials and
equipment
for the purification and treatment of solid, liquid or gaseous industrial waste designed
to prevent the discharge into the environment of effluents, gases or other substances
harmful to health.
2
The public-interest activities in rural areas referred to above include the
construction or refurbishment of development infrastructure such as schools, health
centres, markets, areas for social, cultural and sports activities for collective use,
administrative infrastructure, roads, water points, and equipment for
producing or transporting electricity for village electrification
3
However, companies whose activity,
even if ancillary, consists of carrying out the above-mentioned operations, are not
eligible for the abovementioned tax credit. The tax credit is equivalent to
- 25% of the tax corresponding to the amount of the investments made, for the financing of
sports, cultural or social infrastructure and activities of public interest in rural
areas or to combat pollution;
-
the amount of employers’ contributions paid by the company during the financial year,
for higher education graduates hired.
In addition to the common incentives referred to above, companies eligible for one
of the categories referred to in the common provisions which make investments in
the following prioritynsectors benefit from specific tax and customs incentives;
- The agriculture, fishing or livestock sectors;
- The agro-industry sector;
- The tourism, leisure and crafts sector;
- The housing and social housing sector;
- The manufacturing sector;
- The heavy industry sector for the manufacture of building materials, as well
as the iron and steel industry;
- The pharmaceutical industry;
- The energy and water sector.
How to benefit from the Provision of the Law No 2013/004 of 18 April 2013
Approval
Any investor who claims the incentives provided for by Law no. 2013/004 of 18 April 2013 is
subject to the approval regime, as defined by the investment charter. To this end, the
investor must submit an application to the one-stop shop set up by the body responsible
for:
• SME promotion, for local SMEs;
• investment promotion for other local and foreign investors.
The approval application file in accordance with Order No 004263/MINMIDT of 3 July 2014
comprises :
1. An application in three copies, the original of which is stamped at 25000 CFAF and
indicating:
-
in the case of an individual :
their full name, filiation, residence, nationality and address;
a certified copy of their national identity card or any other officially recognized
identification document.
-
in the case of a legal entity:
its legal nature, name or business name, registered office and address, and the
names, positions and nationalities of its main executives;
a notarised copy of the enterprise’s statutes;
a list of partners or shareholders specifying the percentage of shares held by each,
as well as their nationality.
2. a certificate of registration of the enterprise in the Trade and Personal Property Credit
Register or any equivalent document ;
3. for existing companies, in addition to the documents referred to in paragraphs 1 and 2,
they must provide the following documents
- a copy of the taxpayer’s card;
- a copy of the patent;
- the certificate of non-tax royalty
4. project feasibility study comprising
- a description of activities;
- a market study;
- a technical study indicating
- the amount of investments;
- the list of equipment and materials to be imported;
- the raw materials to be used;
- the production process;
- the investment programme and the various phases of the project;
- the company organisation chart, jobs to be created by category and salaries;
- An economic and financial study indicating:
- the projected operating account over five (5) years;
- the project’s profitability;
- the depreciation plan for fixed assets and any loans;
- the financing plan accompanied either by a financing agreement, a letter of
intent or any other document in lieu thereof.
Unless the investor is notified that the application has been rejected, the one-stop shop
has fifteen (15) days from the date the application is submitted to issue the approval.
Investor interested in to take advantage of this incentives can contact: https://www.inves-
tincameroon.net/language/en/. or www.apme.cm.
Business under the Industrial Free Zone Regime
The free zone or industrial free point regime is designed primarily for export businesses.
The main advantages are as follows:
- Exemption from all import taxes (except for passenger vehicles);
- Exemption from all export customs duties and VAT at 0 rate.
Commercial advantages
- Exemption from all import and export licensing and quota restrictions
- No price or control over profit margins
- Possibility of selling part of annual production on the local market, subject to payment
of all applicable taxes and customs duties: 20 %.
Tax breaks
- Total exemption from duties and taxes for a period of ten years
- 15% flat rate levied on profits from the eleventh year of operation, and total
exemption from all other existing or future taxes and duties
- Losses incurred during the ten-year tax holiday can be carried forward.
Other advantages in financial transactions
- Right to open a foreign currency account (euros, pounds sterling, etc.)
- No restrictions on buying and selling foreign currency
- Right to transfer profits made and capital invested in Cameroon to foreign banks
Commercial concessions
- Exemption of exports and imports from all current and future taxes and customs duties
and from all others direct or indirect taxes, future registration fees, stamp duties
and existing taxes;
- Exemption from the tax audit programme (SGS, VERITAS);
- Exemption from taxes on all products purchased on the domestic market;
Work concessions
- Salaries will be paid according to production capacity;
- Right to freely negotiate contracts between
employers and employees;
- Right to automatically granting of work permits to foreign workers (may not exceed 20% of
the company’s total workforce after five years of operation);
- Right to replace the National Social Insurance Fund (NSIF) with a private regime
offering benefits equal to or greater than those of the Fund
Other advantages and concessions
- The right for companies to install their own electricity generators and
telecommunications systems where necessary;
- Preferential rates on electricity and ports;
- Exemption from all rents, occupancy and price controls;
- Protection of all benefits relating to the general guarantees set out in the
Investment Code and the right to take legal action before the Court of First Instance
and the International Arbitration Association;
nvestors wishing to set up in a Free Zone or Industrial Free Point are invited to contact the
ONZFI at the following address: Email: contact@onzfi.org or consult the website
https://www.onzfi.org
Requirements to benefit from a suspensive customs procedure
The CEMAC Customs Code makes provision for economic incentive mechanisms known
as suspensive customs procedures, designed
to provide companies with the flexibility they need to better manage their international
trade operations. Because of their derogatory nature from standard customs clearance rules,
the use of these procedures is subject to authorization. Customs procedures with economic
impact are granted by the Director General of Customs at the request of the company, which
is required to justify the
economic need to apply for the procedure chosen.
File items for an application to be granted suspensive arrangement.
Documents required for an application for normal temporary admission
o First-time applications
- Application stamped at prevailing rate
- Title of Transports
- Vehicle registration document
- Headquarters agreement or document establishing a link between the beneficiary and
the requesting organization
- Visa from the Ministry of External Relations for diplomatic representations and
similar bodies.
o For an extension request :
- Statement or document granting initial temporary admission.
- Proof of payment of the surface royalty for equipment used in mining or oil
exploration and the mining or oil exploration permit.
- Copy of the vehicle registration document for the vehicle being renewed.
- Proof of payment of previous annual instalments for goods authorized under the
ATS.
PublicContract, Subcontracting and Public Private
Partnerships
Requirements to benefit from a suspensive customs procedure
Cameroon’s Public Contracts are regulated by Decree No. 2018/366 of 20 June 2018 on the Public
Contracts Code. This code is a result of the government’s determination to improve and
streamline the system for awarding, executing, monitoring, controlling and accepting public
orders.
In order to streamline public procurement and ensure greater transparency, Cameroon has
subdivided the system into several types of contracts:
- Works contracts, reserved for construction and miscellaneous development;
- Supply contracts, reserved for the acquisition of goods on a permanent or temporary basis
(rental);
- Quantifiable service contracts, generally reserved for maintenance services of all kinds
that do not require major supplies or design (cleaning, security, insurance);
- Non-quantifiable contracts for intellectual services, reserved for project management services, studies and designs, workshops, conferences and seminars;
- Design-build contracts, reserved for technical studies to define and build an asset
(roads, buildings, electrical infrastructure ......);
- Contracts in the form of framework agreements, reserved for services where the project
owner has no knowledge of the quantities or technical specifications of the equipment to be
used;
- Multilingual contracts and contracts with
conditional tranches, reserved for projects for which all the funding cannot be raised in
the same year.
- Reserved contracts, intended for certain trades or types of national or local companies or
civil societies;
- Special contracts, reserved for strategic state orders (defence, security). These are
projects involving confidential information.
Types of invitations to tender
Overall, an invitation to tender may be national or international, depending on the level of
complexity.
In Cameroon, an invitation to tender, whether international or national, meets a legal requirement defined as follows :
- Open invitation to tender, reserved for all companies meeting the criteria in the tender
documents (DAO);
- Restricted invitations to tender, reserved for companies that have been pre-qualified;
- Invitations to tender with competition, reserved for projects whose technical, aesthetic
and financial reasons justify special research (architectural designs, decoration, etc.);
- Two-stage invitations to tender, reserved for projects based more on performance issues than
technical specifications (health insurance, concessions to operate goods and/or services,
etc.).
Conditions for companies and consultancies firms
Depending on the type of service to be provided, access to public contracts is based on the
principle of freedom and equality.
- Compliance of the company with the type of goods or services ordered;
- The company’s level of competitiveness in relation to the value of the goods or services
ordered;
- Category of the company in relation to the field of activity;
- Belonging to an economic or geographical area;
Content of tender document
Generally speaking, in Cameroon, a company’s tender file for a call for tenders consists of three
volumes :
-
Administrative file
The administrative file contains the company’s administrative documents relating to the
legal existence of the structure, taxes, Public Contract Regulatory Board (ARMP), the
National Social Insurance Fund (NSIF), the company’s letter of intent to bid accompanied
by the bid bond
-
Technical offer
The bidder describes the technical content of the project while presenting its references
in the field and its human and material resources. Depending on the complexity of the
project, the project owner may require the company’s key personnel to belong to a
specific professional association (medical association, lawyer, architect,
electrician, IT specialist, etc.). Proof of the tenderer’s legal and technical approval
is provided by the approval of the special technical specifications (CCTP) and the
Special administrative specifications (CCAP).
-
Financial offer
The financial bid is supported by an estimate of quantities and costs based on the unit
price list
in words and figures, and gives the amount, exclusive of tax and including all taxes,
proposed by the tenderer to provide the services requested by the project owner. The
unit prices are also supported by the price sub-details indicating their breakdown.
Public Private partnerships
Cameroon’s Public Private The partnership contract regime is governed by the provisions of Law
No. 2008/009 of 16 July 2008 setting out the tax, financial and accounting regime applicable to
partnership contracts. It provides a number of incentives, depending on contract progress.
Taxation during the design-execution phase
- VAT: borne by the public partner;
- Registration: free of charge for all contracts and deeds;
- Customs duties: payment of taxes and customs duties by the public partner (TEC, import
VAT, CAC, TCI, CCI, OHADA tax);
- ATS: equipment imported for the needs of the project for temporary use benefits from the
Special Temporary Admission (ATS) regime, with the public partner paying the taxes and
customs duties corresponding to the stay;
- Exemption from embarkation inspection on request.
Taxation during the operating phase
- IS: 5% discount on the nominal rate for the first 5 years of operation;
- Depreciation: accelerated depreciation for the first 5 years;
- Registration: free of charge for all deeds for the first 5 years;
- Tax losses: can be carried forward success
Financial regimee
- Total financing by the private partner;
- Joint financing by the State and the private
partner
- Registration: free of charge for all deeds for the first 5 years;
- Tax losses: can be carried forward success