Chapitre III : Benefits granted

 Article 10 : 

The benefits associated with the declaration scheme  vary according to the project location. In this regard, the Ivorian territory has been divided into two zones called A and B, determined by decree.

The duration for the enjoyment of the benefits is as follows : 

            - 5 years for investments in zone A ;

            - 8 years for investments in zone B. 

The investment implementation time is added to these duration. 

The enjoyment of the benefits starts as soon as the investment programme is completed. 

Article 11 : 

The enterprises qualifying for the declaration scheme benefit, under their investment programme, from the following  tax exemptions : 

            - tax on business profits and tax on profits from non-commercial operations ;

            - licence contribution. 

These exemptions are reduced to 50 %, then to 25 % of the standard duties and taxes during the  penultimate  and last years of the benefit enjoyment period. 

Article 12 : 

The enjoyment of the benefits resulting from the declaration scheme is subject to : 

            - the keeping of a regular accounting system pursuant to the provisions of the            Ivorian Accounting Plan for both corporate bodies and individual entities     undertaking a trade or non trade activity as defined by the General Tax     Code ; 

            - the compliance with a real taxation scheme (simplified or normal scheme). 

In case of a mixed activity or multiple activities, only the eligible activities are entitled to the benefits provided for under this Code.  

TITLE III : INVESTMENT APPROVAL SCHEME

 CHAPTER I : PROCEDURES. 

Article 13 :  

The investment approval scheme is applicable to all enterprises operating within the sectors referred to under Article 18 in accordance with the threshold criteria involving a lower limit and an upper limit, the amounts of which are set by decree. 

Article  14 : 

The application for eligibility to the investment approval scheme is supported by a file containing all useful indications for the investment project survey by the competent authorities. 

The eligibility application must also include the investor commitment towards the following general obligations : 

            - employ Ivoirian managerial, supervisory and other staff and in accordance with the provisions of the running of the vocational training development fund, ensure their training ; 

            - comply with the national or international quality standards applicable to        goods and services for the activity envisaged ; 

            - refrain from deteriorating ecological conditions, especially the environment ; 

            - keep an accounting system in order to facilitate compliance with the legal and regulatory previsions as well as applicable practices ; 

            - comply with the legal and regulatory provisions relating to the lodging of       agreements and contracts on industrial property titles or technological acquisition titles ; 

            - furnish any information contributing to the monitoring of the obligations               attached to the investment approval scheme. 

Article 15 : 

The investment approval benefit shall be granted by the Government upon the advice of the Technical Investment Committee within a maximum of forty-five (45) days from the submission date of the application to the competent authorities. 

Beyond this maximum deadline, the applicant enterprise shall automatically enjoy the benefit of the approval and shall be entitled to lodge a regularisation application with the competent authorities determined by decree. 

Membership and running criteria of the Technical Investment Committee shall be determined by decree. 

Article 16 : 

The competent authorities ensure compliance with the commitments taken by the beneficiary enterprises pursuant to the provisions of this Code. 

Failure to comply with the commitments may lead to the automatic forfeiture of the investment approval benefits and  all  the received benefits are totally reimbursed after a formal three (3)  months notice to no avail. 

Chapitre II : scope of application

 Article  17  : 

The investment approval scheme applies to investments relating to starting up or extension projects as defined by decree. 

The application conditions of this scheme are defined under Articles 19 and 20 below. 

Article 18 : 

The investment approval scheme defined under Articles 13 and 17 of this Code applies to all the sectors, except : 

            - Building and Construction ;

            - Banking and Financial Services.