CÔTE D’IVOIRE Law and Practice Contributed by: Innocent Kouakou, Assemian Kouakou, Francky Lukanda and Lonzo Colombe, Ofori Conseils Africa LLP
9. BEPS 9.1 Adoption of BEPS Recommendations Côte d’Ivoire has implemented several recommen - dations from the OECD/G20 BEPS (base erosion and profit shifting) project, notably through the 2023 Finance Law. The main measures include the introduction of trans - fer pricing documentation requirements (master file/ local file), the prevention of tax treaty abuse (Action 6) and improvement of MAPs (Action 14). The BEPS actions that have been implemented are as follows. • Transfer pricing and documentation (Actions 8–10 and 13): The 2023 Finance Law requires compa - nies falling under the Large Enterprises Directorate ( Direction des Grandes Entreprises DGE) or the Medium Enterprises Directorate ( Direction des Moyennes Entreprises – DME) to maintain a master file and a local file, to be made available in the event of a tax audit. • Strengthened audit powers: Companies have 30 days to provide transfer pricing documentation upon request, failing which they are subject to penalties amounting to 0.5% of the value of the transactions concerned, with a minimum fine of XOF10 million. • Prevention of treaty abuse (Action 6): Côte d’Ivoire signed the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent BEPS (MLI) in January 2018, which entered into force for the country in 2023. The MLI modifies a significant portion of its tax treaty network through measures such as the anti-treaty shopping preamble, the principal purpose test (PPT), anti-hybrid provisions and related safeguards. • MAPs (Action 14): The minimum standard under Action 14 aims to improve the effectiveness of the MAP between competent authorities, ensuring effective taxpayer access, reasonable timelines and implementation of MAP agreements, as well as transparency and monitoring. All members of the inclusive framework have com - mitted to comply with this minimum standard and to
undergo a two-stage peer review process (evaluation followed by monitoring of recommendations). 9.2 Government Policy and Objectives Approach The Ivorian government broadly supports the BEPS framework, viewing it as a tool to protect its tax base, modernise domestic tax law and enhance attractive - ness in co-ordination with ECOWAS/UEMOA and the OECD. By joining the BEPS inclusive framework and the MLI, Côte d’Ivoire has embraced international co- operation to curb BEPS while preserving tax competi - tiveness. Regional OECD and global forum assistance on transfer pricing and transparency reflects a com - mitment to align with international standards and bet - ter regulate multinationals. Côte d’Ivoire has endorsed the two-pillar approach addressing digitalisation and global minimum taxa - tion. Pillar One could allow greater taxation of highly digitalised groups operating without a significant physical presence, though key technical details remain unresolved. Pillar Two (the Global Anti-Base Erosion Rules – GloBE) introduces a 15% global mini - mum tax and includes a Subject to Tax Rule benefiting developing countries. Additionally, Côte d’Ivoire has introduced a digital platform tax targeting non-resi - dent e-commerce platform exceeding XOF50 million in local turnover. 9.3 International Tax Côte d’Ivoire remains highly vigilant in matters of inter - national taxation and tax evasion, closely monitoring BEPS recommendations to prevent base erosion and profit shifting. 9.4 Competitive Tax Policy Objectives Côte d’Ivoire seeks to reconcile tax attractiveness with BEPS compliance by refocusing tax incentives on productive investment and transparency, while pro - gressively aligning with international standards (MLI, ECOWAS instruments). By ratifying the BEPS MLI, the country aims to estab - lish a more stable and transparent tax framework for investors, preventing tax evasion and treaty shop - ping while promoting trade and capital flows. The MLI notably introduces anti-abuse provisions (the PPT and
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