Currently, Haiti does not have formal Country-by-Country Reporting requirements for multinational enterprises. However, MNEs with operations in Haiti should continue to monitor potential changes to the country’s tax legislation and ensure compliance with existing tax regulations. It is crucial for MNEs to stay informed about any updates that may introduce CbCR obligations in the future, particularly as Haiti seeks to modernise its tax framework. Consulting with tax professionals knowledgeable about both Haitian tax law and international tax transparency initiatives will help ensure compliance and preparedness for any forthcoming regulations.

Haiti, like many jurisdictions aiming to enhance tax transparency and combat base erosion and profit shifting (BEPS), has started aligning its tax framework with international standards. However, as of now, Haiti has not formally implemented the OECD’s Country-by-Country Reporting (CbCR) as outlined in BEPS Action 13. This guide provides insight into the current tax landscape in Haiti and the expectations for multinational enterprises (MNEs) operating in or from Haiti. While Haiti is in the process of modernising its tax framework, MNEs should remain informed of any upcoming legislative changes that may impact their reporting obligations.

Applicability of CbCR in Haiti

Current Status:

• Haiti has not yet introduced formal CbCR obligations for multinational enterprises (MNEs). This means that there is no mandatory CbCR framework in place as required under the OECD’s BEPS Action 13.
• Multinational enterprises operating in Haiti should, however, remain vigilant, as global tax standards continue to evolve, and Haiti may introduce CbCR or other BEPS measures in the future.

Potential Future Developments:

• Haiti is a member of the Caribbean Community (CARICOM), and as part of regional and global economic integration efforts, it is possible that Haiti will adopt tax transparency standards such as CbCR in the coming years. MNEs should closely monitor any tax reform announcements from the Haitian government or the Ministry of Economy and Finance.

Reporting Requirements

Current Reporting Requirements:

• Although Haiti has not yet implemented CbCR, multinational enterprises operating within Haiti are subject to the country’s existing corporate tax laws, which include general requirements for the filing of corporate tax returns, financial statements, and other related documentation.
• MNEs are still be required to provide tax authorities with detailed information about their operations, income, and financial structures under existing domestic tax laws.

Preparation for Future CbCR:

• MNEs that are headquartered in countries with CbCR requirements (e.g., the United States, France, or the United Kingdom) and have subsidiaries or branches in Haiti may still be required to report CbC data to their home country tax authorities, depending on the specific rules of those jurisdictions.
• In anticipation of future tax developments, it is advisable for MNEs to maintain accurate and transparent records of their operations in Haiti, ensuring they are prepared for potential CbCR obligations if and when they are introduced.

Filing Deadlines

• Currently, there are no specific filing deadlines for CbCR in Haiti, given the absence of a formal framework. However, MNEs operating in Haiti must comply with the general corporate tax filing deadlines as prescribed by the Direction Générale des Impôts (DGI).
• The general corporate tax returns are typically due by 31 March following the end of the fiscal year.

Penalties for Non-Compliance

Penalties under Existing Tax Law:

• While there are no penalties specific to CbCR in Haiti, non-compliance with the country’s general tax laws, such as late filing of corporate tax returns or failure to provide accurate financial information, can result in fines and penalties imposed by the Direction Générale des Impôts (DGI).
• Penalties can vary depending on the nature and severity of the infraction.

Confidentiality and Use of Information

Current Data Protection Standards:

• Haiti’s existing tax laws include provisions regarding the confidentiality of tax information submitted to the tax authorities. However, in the absence of CbCR regulations, there are no specific guidelines related to the confidentiality of CbC reports.
• MNEs should still ensure that their financial information is managed securely, especially if they are required to submit sensitive data to foreign tax authorities as part of global CbCR obligations.