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Published: 04 Nov 2008 11:12:06 PST

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Tunisia

Business Environment

Business practices

For further information
Doing business In Tunisia
Closed hours and days
Closed on Saturday and Sunday, or only Sunday for shops. Closed for a lunch break, which may be shorter or longer, between 12.30pm and 2.30pm.
During the month of Ramadan and the two summer months (July, August), administrations and companies close in the afternoon.

Public holidays

Aid El Fitr, AID EL IDHA, Mouled ,Ras El Am El Herjri Religious holidays which do not have fixed dates
Youth Day 21 March
Republic Day 15 July
Women's Day 13 August
New Year's Day 1 January
Labor Day 1 May
Celebration of the change 7 November
National Independence Day 20 March
Compensation day
No
 

Periods when companies usually close

End of year holidays New Year's Day
Summer holidays July or August according to the company.

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Standards

National standards organizations
National Institute of Standardization and Industrial Property
Integration in the international standards network
International Standards organization (ISO)
Classification of standards
NT
ISO 9001
Online consultation of standards
The ISO catalog
The NT catalog
Certification organizations
National Institute of Standardization and Industrial Property

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Legal framework

Independence of justice
Yes
Equal treatment of nationals and foreigners
Yes
The language of justice
Arabic
Having recourse to an interpreter
Possible
Sources of the law and legal similarities
Tunisian law has various sources: the Constitution, laws voted by Parliament, ministerial decrees and orders, international conventions and treaties ratified by Tunisia.It is largely inspired by French law but also Islamic law.
Consulting national laws online
The Ministry of Justice
Jurisite Tunisie

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Intellectual Property

National organizations
The National Institute for Standardization and Industrial Property (INNORPI)
Regional organizations
The World Intellectual Property Organization (WIPO).
International membership
Member of the WIPO
Signatory to the Paris Convention

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National regulation and international agreements

Type of property Law Validity International agreements signed
Patent Law n° 2000-84 of 24 August 2000
5, 10, 15 or 50 years on request Patent Cooperation Treaty
Strasbourg agreement concerning the International Patent Classification
Trademark Law of 23 July 2007 20 years, renewable Trademark law treaty
Nice agreement concerning the International classification of goods and Services for the Purposes of the registration of Marks
Protocol relating to the Madrid Agreement concerning the International Registration of Marks
Design Law n° 12 of 9 February 2001 15 years  
Copyright Code of intellectual property 70 years after the death of its author for inheritance tax, 50 years after the first publication for registration fees Berne convention for the protection of Literary and Artistic Works
Convention for the Protection of Producers of Phonograms against unauthorized duplication of their phonograms
Rome convention for the protection of performers, producers of phonograms and Broadcasting organizations
WIPO copyright treaty
WIPO performances and Phonograms treaty
Industrial Models Law N °2001-21 of 6 February 2001 on the protection of designs and industrial models
20 years  

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Tax rates

Consumption taxes

Nature of the tax
Value added tax (TVA)
Tax rate
18%
Reduced tax rate
Reduced rate of 10% applicable to companies whose activity is agricultural or in crafts, buying groups, service cooperatives set up between producers, consumer cooperatives.
Reduced rate of 6% for operations on goods and services. Consult the list of operations concerning goods and services subject to VAT at 6% ;

Reduced rate of 12% for operations on goods, activities and services. Consult the list of operations concerning products, activities and services subject to VAT at 12%.

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Corporate taxes

Tax rate
Tax rate for foreign companies
Foreign companies are taxed on the profit they make in Tunisia.
Capital gains taxation
Foreigners may hold, without prior authorization, up to 100% of the capital of a company. However, certain service activities (banks, insurances, investment companies...) other than those totally devoted to exports are subject to approval when foreign participation exceeds 50% of the capital. Tunisia is committed to lifting this restriction in the framework of the Structural Ajustment Plan IV in 2006-2007. In addition, for a foreigner to exercise a commercial activity a trader's card is required; this is issued by the Ministry of Trade especially for retail selling and catering. Foreigners can, however, set up International Trade Companies (SCI) whose objective is import, export, international trading and brokerage, on condition that the International Trade Companies make at least 70% of their annual turnover in export. Some independent professions, like those of lawyers, chartered accountants or architects are reserved for Tunisian nationals. Carrying out the activities of commercial agent, broker, dealer or sales representative is prohibited for natural persons or legal entities who are not Tunisian, unless they have the authorization of the Ministry of Trade.
Main allowable deductions and tax credit
Expenses are deductible for depreciation or amortization, reserves, rents for premises and equipment, wages, etc. There are tax credits for apprenticeships especially.
Other corporate taxes
Professional tax.

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Individual taxes

Tax rate
Allowable deductions and tax credit
Exemptions for:
- capital gains on transfers of company shares which are not part of professional assets;
- dividends and assimilated revenue;
- remuneration paid to foreign diplomatic and consular agents if there is a reciprocal agreement;
- interest on deposits or stocks in foreign currency or convertible dinars;
- interest on house purchase savings accounts;
- interest on special savings accounts or debentures, within a certain limit;
- interest on savings accounts for studies;
- capital gains from employees taking up an option to subscribe for capital in IT services, IT engineering and related services companies.
Special expatriate tax regime
No

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Double taxation treaties

Countries with whom a double taxation treaty have been signed
To know which countries Tunisia has signed double taxation treaties with, consult the Ministry of Foreign Affairs website.
Whithholding taxes
Bilateral agreement

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Sources of fiscal information

Tax Authorities
The fiscal administration
Other domestic resources
Fiscal documentation
Official Journal of the Tunisian Republic

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Accounting rules

Tax year
From 1 January to 31 December.
Accounting standards
Official Tunisian accounting plan
Accounting regulation bodies


Accounting reports

Annual accounts: the balance sheet, the profit and loss account and the notes to the accounts.
The annual report
The statement of source and application of funds (compulsory for large companies)


Publication
The Financial Market Council is responsible for monitoring the observance of reporting obligations for companies which make a public appeal for savings, which includes all companies listed on the Stock Exchange, all insurance companies, all banks, companies with more than 100 shareholders, etc. Its role is also to confirm that the information provided or reported conforms to legal and statutory requirements. The field it monitors is probably too large in relation to the resources the Council has at its disposal.
Professional accountancy bodies
The Order of Chartered Accountants in Tunisia
The Company of Accountants in Tunisia
Certification and auditing
Ernest & Young
Accounting news

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Source: FITA

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