pattern vat ess

Benin

Overview

VAT is due when a non-resident provides goods or services to a resident established in Benin via an electronic platform. VAT is charged by the non-resident regardless of the nature of the beneficiary. (Article 224 of GTC; Tax administration note of 2023).

pattern vat ess 2

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Release date: April 2024

Key provisions applicable to VAT on ESS

Table 1

Services in scope

VAT applies on:
  • The supply of digitised products in general, including software and software modifications or upgrades.
  • Services providing or supporting a professional or personal presence on an electronic network such as a website or web pag.
  • Services generated automatically from a computer via the internet or an electronic network in response to the input of specific data by the recipient.
  • The transfer for consideration of the right to offer a good or service for sale on an internet site operating as an online marketplace on which potential buyers make their bids by means of an automated procedure and on which the parties are notified of a sale by electronic mail generated automatically from a computer.
  • Internet service packages of information in which the telecommunications component forms an accessory and subordinate part (i.e. packages going beyond simple internet access and including other elements such as content pages giving access to news, weather or travel reports, playgrounds, website hosting, access to online debates, etc.).
  • The services are listed as follows: Provision of websites, website hosting, remote maintenance of programs and equipment.

Registration and compliance

Non-resident suppliers are required to register locally with the tax authorities. Once registered for VAT, they must complete and submit monthly VAT returns. VAT returns and payments are due by the 10th of every month for the preceding month. 

Invoicing

The law does not specify the invoicing method to be adopted. 

VAT on costs

Non-resident suppliers registered under the simplified tax registration are precluded from recovering any VAT incurred on costs in Benin as input tax, i.e. any Benin VAT incurred by the non-resident suppliers is an absolute cost. 

Other considerations

A withholding tax of 20% applies to all remuneration for ESS provided or used in Benin paid to foreign electronic service suppliers located in a country with no double tax agreement with Benin. 

Particulars

Description

Scope

Both B2B and B2C

Liability to remit VAT

Non-resident supplier and local company beneficiary of the service that is subject to VAT

VAT rate

18%

Taxable value

The price payable by the recipient of the supply

Effective date

14 April 2023 (However, the tax authorities have not yet implemented the payment software.)

VAT registration threshold

Companies or individuals with a turnover that exceeds XOF100,000,000

Tax invoice

Yes


Contact us

Dominique Taty

Partner, Tax

Tel: +225 20 31 54 00

Hermann Gnango

Hermann Gnango

Senior Manager

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