Gabon has implemented Country-by-Country Reporting (CbCR) requirements in line with the OECD’s Base Erosion and Profit Shifting (BEPS) Action 13 initiative. These regulations are overseen by Gabon’s General Directorate of Taxes (Direction Générale des Impôts, DGI), with the objective of promoting transparency in tax reporting by multinational enterprises (MNEs).

This guide provides detailed information for CFOs and tax professionals of MNEs operating in Gabon, covering applicability, reporting requirements, filing procedures, penalties, and available resources for compliance.

Applicability of CbCR in Gabon

Criteria for Reporting:
CbCR applies to MNE groups meeting the following conditions:

• The consolidated annual revenue of the group exceeds XAF 491 billion (Central African CFA francs, equivalent to €750 million) in the preceding fiscal year.
• The group includes a Gabonese tax-resident entity as:
  • The Ultimate Parent Entity (UPE), or
  • A subsidiary or permanent establishment in Gabon.

Local Filing Obligations:

• A Gabonese entity may be required to file the CbC report if:
  • The UPE is not obligated to file in its home jurisdiction.
  • The jurisdiction of the UPE does not exchange CbCR information with Gabon.

Relevant Legislation:

• CbCR obligations in Gabon are defined under the national tax code, which incorporates the OECD’s BEPS Action 13 standards.

Reporting Requirements

Content of the CbC Report:

• The CbC report must include aggregated information by jurisdiction for all entities in the MNE group, including:
  • Total revenue (related and unrelated party transactions),
  • Profit or loss before income tax,
  • Income tax paid and accrued,
  • Stated capital and retained earnings,
  • Number of employees,
  • Tangible assets (excluding cash and cash equivalents).

Notification Requirement:

• Gabonese entities must notify the DGI annually about the identity and jurisdiction of the entity responsible for filing the CbC report.

Submission Platform:

• Reports must be submitted electronically through the systems designated by the DGI in compliance with the OECD XML schema.

Resource:
For filing and reporting instructions, visit the Gabonese General Directorate of Taxes website: DGI Gabon.

Filing Deadlines

• CbC Reports must be submitted within 12 months of the end of the reporting fiscal year.
  • Example: For a fiscal year ending 31 December 2023, the report must be submitted by 31 December 2024.
• Notification of the reporting entity is due before the end of the fiscal year.

Penalties for Non-Compliance

Consequences of Non-Compliance:
Failure to comply with CbCR regulations in Gabon may lead to:

• Financial penalties, which can vary based on the severity and duration of the non-compliance.
• Increased scrutiny and audits by the tax authorities.

Mitigating Circumstances:

• The DGI may consider reasonable justifications for delays or inaccuracies and adjust penalties accordingly.

Confidentiality and Data Exchange

Confidentiality Assurance:

• Information in CbC reports is protected under Gabon’s tax confidentiality laws and is utilised exclusively for tax risk assessment and compliance purposes.
• Gabon exchanges CbC reports with other jurisdictions under applicable treaties and agreements, ensuring data security and proper use.