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8.2.2. Withholding Taxes

Dividend

Tax is withheld at 10% on dividends paid by Guinea resident entities to non-residents.

Interest

Tax is withheld at 10% on interest paid by Guinea resident entities to non-residents.

Royalty Copyright

Tax is withheld at the rate of 15% on royalties paid to non-residents.

Royalty Patent

Tax is withheld at the rate of 15% on royalties paid to non-residents.

Royalty Trademark

Tax is withheld at the rate of 15% on royalties paid to non-residents.

Service Management

Tax is withheld at the rate of 15% on service management fees paid to non-residents.

Service Technical

Tax is withheld at the rate of 15% on service technical fees paid to non-residents.

Indirect Transfers of Mining Rights

Pursuant to the Mining Code, the direct or indirect transfer of control of entities in possession of mining licenses or rights thereto is deemed to produce a taxable capital gain in Guinea, to the extent the assets of the entity are situated in Guinea. This applies both in case of an outright sale of the shares of the Guinean entity, as well as in case of an indirect change of control of the entity. In the latter case, all disposals having led to the change of control over the preceding 12 months are aggregated and the resulting gains assessed to tax. In both cases, the gain is subject to withholding tax at the standard corporate tax rate.

Below is a discussion of domestic withholding tax rules for most of the common cross border payments.

Capital Gains 10.0 %
Dividends 10.0 %
Interest 10.0 %
Royalty Copyright 15.0 %
Royalty Patent 15.0 %
Royalty Trademark 15.0 %
Sales 0.0 %
Service Management 15.0 %
Service Technical 15.0 %

* Rates are current as of 27 November 2022