Professional Documents
Culture Documents
Code 1982
Revised in 1991
Updated in 2008
2 Revised 2007
Section III: Determination of the Taxable Profit 28
3 Revised 2007
Section V: OBLIGATIONS OF EMPLOYERS AND LIFE-ANNUITY BENEFICIARIES 36
Section II: INCOME FROM DEBTS, DEPOSITS, GARANTEES AND CURRENT ACCOUNTS 39
4 Revised 2007
III. Taxation Period - Payability 50
IV. Tax Payment 50
V. Specific Provision: Carriers 51
VI. Monitoring 51
VII. Penalties 51
Annexe 52-10
Section I: Imports
Section II: Sales
Fixed sum
5 Revised 2007
CHAPTER V
: OTHER INDIRECT TAXES 63
Section I: GENERAL 66
I. Fixed and Proportional Duties 66
II. Dependent and Independent Provisions 66
III. Registration of Deeds, Copyright and Patents 67
IV. Minimum Levying 67
V. Payment Method of the Proportional Duty 67
69
Section IV: RATES AND APPLICATIONS 69
I. Fixed Duties 69
II. Proportional Duties 69
A. Shares and Interest Shares - Transfers 70
B. Leases 70
C. Swapping of Buildings 71
D. Transfer of Business 71
E. Court Decisions – Tax on Sentences 72
F. Markets 72
G. Inter Vivos Free Transfers 73
H. Sharing 73
I. Companies 73
J. Sales and Other Contracts Transferring Ownership of Fixed Assets via valuable
Considerations 75
6 Revised 2007
Section V: OBLIGATIONS OF OFFICIALS, GOVERNMENT EMPLOYEES AND THIRD PARTIES75
I. Resulting Deeds 75
II. Public Deeds – Deposit Slip 76
III. Private Deeds 76
IV. Good faith Estimate Statements – Amounts of Duties to be paid to Treasury 76
V. Estate and Business Agents – Particular Obligations 76
VI. Directories of Notaries, Bailiffs and Registrars 77
7 Revised 2007
IV. Road Traffic Taxes 86
A. International certificates for automobiles - International Driver’s License 86
B. Car Inspections 87
C. Driver’s License 87
V. Hunting License 87
8 Revised 2007
SINGLE TITLE: ADMINISTRATIVE LOCAL TAXES 97
9 Revised 2007
Section VII: CARRIERS 106
I/ Vehicles exclusively providing transportation within surrounding areas and suburbs other than
NOUAKCHOTT and NOUADHIBOU 106
II/ Vehicles exclusively providing transportation within the followings cities; NOUAKCHOTT and
NOUADHIBOU 106
III/ Vehicles providing interurban transportation 106
CHAPTER VI: LICENSE DUTY (voir si droit est paiement ou right) 108
10 Revised 2007
IV. Third Parties Obligations 117
V. Particular Provisions 118
Section II: TAX ON TURNOVER, TAX ON CONSUMPTION AND OTHER INDIRECT TAXES 119
Section III: REGISTRATION – REAL ESTATE ADVERTISING TAX AND STAMP 120
I. Payment of Duties Prior to Registration 120
II. Obligations of Agents 121
III. Obligations on Payment 121
IV. Contribution to Payment 122
Section II: TAX ON TURNOVER, TAX ON CONSUMPTION AND OTHER INDIRECT TAXES -
STATEMENT OF BREACHES 128
11 Revised 2007
CHAPTER VIII: LIMITATIONS 133
12 Revised 2007
Section VI: Specific Systems
I. Oil Products
II. Second-hand goods
III. Travel agencies
IV. Businesses benefiting from the provisions of the Investment Code
Section X: Penalties
Manque
13 Revised 2007
I. Order n°82.060 of May 24TH 1982 Regarding the General Tax Code
The Military Committee of the “National Salut” has deliberated and passed;
The President of The Military Committee of the “National Salut”, Head of State, promulgates the order with the
following content :
First Article : The provisions hereafter appended regarding the institution of a General Tax Code shall abrogate and
replace those set out in Law n° 70.019 of January 16th 1970 and all other subsequent modifications as well as any
additional legislative or statutory provisions opposed to it.
Second Article: The present Order shall take effect from January 1st,, 1982.
Third Article: The present Order shall be publicized in accordance with the Emergency procedures as well as executed
as a State Law.
Made in Nouakchott May 24, 1982.
For The Military Committee of the “National Salut”
The President:
Lieutenant-Colonel Mohamed Khouna Ould Haidallah
II. Order n°2008-001 of January 2Oth 2008 Regarding the General Tax Code
Article Sixteen : The Provisions related to the Real Estate Tax on Built Properties, Tax on agricultural land assigned to
market gardening, cereal, fruit and floral as well as Local Tax, License Duty, Tax on Livestock shall, when the General
Code of Taxation is next published be transferred as Levies and local Tax from Part I to Part II of Category I in the
General Code of Taxation.
Made in Nouakchott February 6th, 1990.
For The Military Committee of the “National Salut”
The President:
Colonel Maaouya Ould Sid'Ahmed Taya
Manque
14 Revised 2007
FIRST BOOK
FIRST PART
GOVERNMENT TAXES
FIRST TITLE
INCOME TAXES
CHAPTER I
16 Revised 2007
accommodation, whose annual turnover, all December 31st of the year marking the
taxes included, is equal to or more than beginning of their operations, a provisional
6.000.000 UM. operating account whose results shall
instantly be taxed. This taxation shall be
7. Individual firms mainly providers of a deducted from the one levied on the results
service and whose annual turnover, all taxes of the first closed balance sheet.
included, is equal to or more than 3.000.000
UM. In the instance where consecutive balance
sheets are established in the course of the
8. Companies, individual firms approved as same year, the results therefore are added
Customs Agents on Mauritanian soil, up in order to establish the taxable base.
regardless of their annual turnover.
III. Determination of the Taxable Profit
9. De facto companies, associations, joint
ownerships, business cooperatives and their ART 10.
unions, along with any other legal entities.
A. The taxable profit is the net profit
10. Deals and business operations carried calculated on the earnings of all operations
out on Occasional basis. of any nature carried out by the companies,
including in particular the transfer of any
11. Travel agencies, and government element of the assets, either in the process
contractors and suppliers of the Para public of, or at the end of operations.
sector.
B. The net profit is made of the difference
ART 8. - Taxpayers who are not eligible to between the values of the net worth at the
be taxed according to the Actual System closing and opening of the period whose
can choose this Regime. They must notify results are to be used in determining the
their local tax inspector of their preference base of taxation, reduced of extra funds,
before February 1st of he current fiscal and augmented of the deductions carried
year. The option once selected is out during that period by the operator or
irrevocable. partners. The net worth corresponds to the
excess of asset values on the total made on
II. Taxation Period the liabilities by third party claims,
depreciations and reserves, all accounted
ART 9. - The tax is deducted each year for.
from the profits of the legal year; in the
case where the taxpayers’ accounting Stocks must be estimated based on the cost
records are not consistent with the legal price or the closing price of the year, if the
year, the tax is deducted from the profits said price is lesser than the cost price.
achieved during the twelve month period The current works are assessed on their
whose results were used to determine the cost price.
most recent balance sheet.
C. The net profit is determined on
If the fiscal year ended covers more or less deduction of all charges, duly substantiated.
than a twelve months, the tax is Are considered professional charges those
nevertheless fixed based on the results of that were uncovered during the taxable
the said fiscal period. period, in the interest of the enterprise and
not in compensation for an asset value entry
New companies whose activities began in the or extinction of debt in the liabilities.
course of the year can close their first
balance sheet at the end of the following They mainly include:
year. They are then bound to establish, on
17 Revised 2007
1. General Expenses of all nature. 4. Tangible and intangible assets are
subject to depreciations affected by the
2. Staff and workforce expenses, direct practice of the professional activity actually
and indirect remunerations, including carried out by the company. The
indemnities, allowances, fringe benefits and Depreciations of the tangible assets
repayments of expenditures, only if that acquired within a period of 3 years is
they correspond to actual labor and are not calculated as followed:
excessive with regards to the significance
of the service rendered.
Tangible and intangible assets are subject to depreciations affected by the practice of the
professional activity actually carried out by the company. The Depreciations of the tangible
assets acquired within a period of 3 years is calculated as followed:
18 Revised 2007
Fixed Assets Duration Linear Coefficient/Ra Graded/Tapering
Rate tio Rate
Industrial Building 20 years 5% 2,5 12,5%
Are also considered as professional charges off the balance sheet while submitting the
the depreciations that were deferred in the statement specified by Article 14.
course of preceding deficit-years, on the
condition that a special side note was added
19 Revised 2007
5. The reserves estimated so as to face 8. Donations, subsidies and liberalities
clearly specified losses and charges that limited to 0,50 % of the taxable profit.
current events make likely, provided they
were actually recorded in the year’s entries
and are present in the Statement of ART 11. – As an exception to the provisions
Reserves provided by Article 14. laid out in Article 10/Paragraph A, the
capital gains proceeding from the transfer
Standard and yearly operating costs, such as of elements of the capital assets in the
personnel costs, taxes, maintenance and course of the exploitation are not included
repair costs, management operations in the taxable profit of the fiscal year
sundries … cannot lead to the establishment during which they were realized if, in the
of tax-deductible provisions. statement of results of the said year, the
operator commits himself to reinvest in the
Reserves that are partially or entirely immobilizations of his companies in
affected to a use not in accordance with Mauritania, by an amount equal to the
their initial destination or that become amount of these gains added to the cost
without object in the course of a later year price of transferred elements, and this
are transferred to the revenues of the said before expiration of a three-year deadline
year. If the report is not produce by the beginning from the closing of the fiscal
company itself, the Administration has the year.
authority to proceed to the required
adjustments when it establishes that the In execution of the above provisions, the
reserves have no reason to exist. In that values forming the portfolio are considered
case and if relevant, those reserves are to be part of the capital assets if they were
transferred to the results of the earliest adjoined to the company’s patrimony at least
year that had been verified. five years prior to the date of transfer.
6. The taxes charged to the company and Moreover, are assimilated to the capital
actually paid during the year, with the assets, share acquisitions effecting in the
exception of the Minimum Inclusive Tax and operator’s guarantee of full ownership of at
the Corporate Income Tax. least 30% of a third party’s capital.
If tax reductions are later on granted on
deductible taxes, their sums are If the re-use is carried out within the
transferred into the returns of the year deadline mentioned above, the capital gains
during which the company obtains the separated from the taxable profit are
refund of the amounts wrongly received. deducted from the cost price of new assets,
However, the profits subject to taxation, as either for the computation of depreciations
well as all transactions, fines, confiscations if it concerns depreciable capital assets, or
and penalties of any kind chargeable to the for the computation of capital gains realized
offenders of enforced legal provisions are at a later date. If not, they are reported to
not eligible for deduction. the taxable profit of the fiscal year during
which the above deadline expired.
7. The interests paid to shareholders in
return for the deposits they made to the However, in the case where the operator
Social Fund, in addition to their capital stop his profession or turns over his
share, and this regardless of the nature of business in the course of the three-year
the company, keeping to limit of those period, the capital gains to be reinvested
computed on the rates applied by the shall be immediately taxed as set by the
Mauritanian Bank with regards to loans, terms of Article 44.
increases by two points.
20 Revised 2007
ART 11.Bis. - As an exception to the IV. Taxpayers Obligations
provisions of article 10, income from the
leasing of real estate property listed in the ART 14.
assets of the balance sheet and which are
subject to tax on income from real estate Taxpayers are ought to keep clear and
property are not to be included in the understanding accounting records according
taxable income. However any other expenses to the Mauritanian general accounting plan.
of any nature related to such real estate Regarding the imports a special accounting
property are included in the taxable profits, book must be provided for each operation, in
except for the tax on services payable addition to the value as defined in article
according to the provisions of article 202 of 191, the number of declaration for
the C.G.I. [appears to be the abbreviation consumption.
for the General Code of Taxation]
Accounting documents and relevant papers,
especially authorizations of transfers of
ART 12. – Regarding the limited liability funds, customs declarations, invoices of
companies, remuneration allocated to the purchase and sale, pay-stubs receipt for
main share holders and managing partners expenses, must be kept for at least six
included recorded against costs and years following the year of importation,
expenses may be deducted from the gains purchase, sale or services rendered were
of the company for the purpose of tax recorded by accounting.
computation provided that such
remuneration is for work actually carried - The taxpayers must file the detailled
out and is submitted to their name to the Financial expenses statement using a
tax on industrial and commercial standard format provided by the Tax
Department., or a penalty of a non-
In the Application of the following provision, deduction of 25% of the expenses not
the managers who do not hold any shares filed will be applied.
are considered partners if their spouse or
children under age have the ability to be The following information and declaration
partner must be provided to the Tax Department
within the legal period set for the
In this case or if the manager is a declaration of profits:
shareholder the shares, the property or
usufruct of the spouse or minor children of Detailed and complete identification
the manager are treated as his property. including number in the National Directory
of Taxpayers of the company, the operating
party and managers, partners or:
ART 13. – In the event of a loss, the excess
deficit is considered as an expense and is - The terms of application and management
eventually carried over to the following of the National Directory of Taxpayers
fiscal period where it will then be deducted shall be set by order of the finance
from the profit of that same fiscal period. minister.
- name, address and number in the National
If the profit is not sufficient for the Directory of Taxpayers of the certified
deduction, the loss will be successively public accountant (CPA), of the
carried over to the following fiscal periods accountant or the adviser who
up until the fifth fiscal period following the participated in the preparation of the
fiscal period of the loss. accounting documentation and the tax
filing.
21 Revised 2007
The individuals who simultaneously operate 5. The quantity, the format and the amount
within different institutions, premises or :
offices must keep a different and distinct
accounting record for each location. a) of negotiable securities issued , making
In addition to the declaration of the difference between shares and
consolidated profits for all establishments debentures and confirming for the first
operating in Mauritania a declaration of the ones the sum paid out for each security and
profit for each institution shall be attached for the second the duration of the
as well. depreciation and the interest rate.
b) capital shares not represented by
negotiable security.
ART 15. - Businesses whose registered c) Any other right granted to partners in
headquarter is located outside of Mauritania the fair distributions of profits or assets of
must keep a different and distinct the company, whether or not such rights are
accounting record for their activities in recognised by a security.
Mauritania. The concerned businesses must
attach a declaration of the profits for each 6. For legal entities whose registered
institutions. address is overseas, the declaration shall
state in addition in detail the nature of
their activities in Mauritania as well as the
ART 16. – If the accounting records are last name, first name, number in the
kept in a language other than the official National Directory of Taxpayers and
local language a certified translation should address of their representative in
be provided to the tax department if Mauritania.
requested..
23 Revised 2007
to the Customs Department down payment Down payments made during a calendar year
amounting to 3% of the customs value of the are deducted from the amount of the
products and goods, plus all duties and taxes minimum inclusive tax on estimated income
payable upon importation, except the value which must be paid before March 31st of the
added tax or customs exemptions. following year.
24 Revised 2007
ART 27.Ter. - The down payments of the VI. Minimum Inclusive Tax
minimum inclusive income tax are recorded
by the Customs Department on a specific ART 28.Sexiès. - The provisions of this
registrar opened for that purpose on the article are repealed (Law No 94.010 of
same conditions as customs duties and January 24st, 1994 amending the changes of
taxes. the General Tax Code).
The Customs Department provides to the
Tax Department at the end of each month a
summary statement per importer and per ART 28.Septiès. – Individuals carring out
declaration, or alternatively if necessary, the retail sale of petroleum products are
with a written agreement to assign the liable to pay a minimum inclusive tax at the
imported goods on a long-term basis to be rate of 4% of the commission received,
used for production purposes. Such goods without there being a minimum amount
constitute, for the business, assets not payable.
intended to be re-sold.
The above mentionned minimum inclusive
Section II BIS. tax, execpt for the increase in duties
provided for in article 27, is deducted from
SIMPLIFIED ACTUAL PROFIT SYSTEM the contribution payable on the account of
the tax on commercial and industrial profits
I. Corporate liable to taxes .Cet impôt minimum forfaitaire, à l'exclusion
de la majoration de droits prévue à l'article
ART 28. - The provisions of this article are
27, vient en déduction du montant de la
repealed (Law No 94.010 of January 24st,
cotisation due au titre de l'impôt sur les
1994 amending the changes of the General
bénéfices industriels et commerciaux. If
Tax Code).
the concerned contribution is less than the
amount of the minimum inclusive tax, the
II. Taxation Period
following remain the property of the
ART 28.Bis. - The provisions of this article treasury.
are repealed (Law No 94.010 of January
24st, 1994 amending the changes of the Section III
General Tax Code).
FLAT RATE SYSTEM
III. Determination of the Taxable Profit
I. Corporate liable to taxes
ART 28.Ter. - The provisions of this article
are repealed (Law No 94.010 of January ART 29. - Subject to the provisions of
24st, 1994 amending the changes of the articles 7 and 28, the flat rate system is
General Tax Code). applicable.
TURNOVER TAX
Less Than 500.000 20.000
de 500.000 à 1.000.000 50.000
de 1.000.000 à 2.000.000 75.000
de 2.000.000 à 4.000.000 150.000
de 4.000.000 à 6.000.000 240.000
TURNOVER TAX
Less Than 200.000 20.000
de 200.000 à 500.000 35.000
de 500.000 à 1.000.000 75.000
de 1.000.000 à 2.000.000 150.000
de 2.000.000 à 3.000.000 240.000
26 Revised 2007
ART 31. Taxpayers subject to the flat rate
tax must comply with their obligations ome
regime are under an obligation, whatever the
amount of their turnover, to pay their tax
contribution on industrial and commercial
profit immediately at the time of the
census.
- Taxpayers who do not immediately pay,
upon delivery of the invoice the tax of
which there are accountable for, may be
prosecuted in accordance with article
527 and the following articles of this
code.
IV. Carriers
27 Revised 2007
TYPE OF VEHICULE TAX PAYMENT
1/-Vehicles of any type, carrying less than 9 passengers providing
inbound and outbound transportation:
AGE :
Less or equal to 5 years : 12.000 UM
between 5 and 10 years old: 9.000 UM
older than 10 years old: 6.000 UM
Commercial vehicle with a loading capacity the General Tax Code must occur before
exceeding two tons, reguardless of the February 1st of each year using a payment
activity carried out by the registration title provided by the Tax Department. by
cardholder, is liable to tax under the same means of an immediate payment title
conditions as the vehicles belonging to provided by the Tax Department.
individuals and legal entities carrying out
transporation by land of goods.
28 Revised 2007
CHAPTER II
ART 38. - Taxpayers concerned by this The paiments option and deductions for the
chapter shall provide to their customers a minimum inclusive tax are similar to those
numbered receipt taken from a counterfoil established on articles 25 and 26.
book.
The government, the public institutions,
The receipt and the corresponding economically mixed company, private
counterfoil must specifically state: companies subjected to the actual profit
system shall retain a 4% rate on any
- First names, last names, profession and commissions, brokerage, rebate, vacancy,
Number of National Taxpayers Directory fees occasionally or not, bonuses and other
of the individual issuing them; wages and shall make payment at the latest
- The date and amount of revenue every 15th of the month when their receive
received; their headquarters fund from the Treasury.
- First names and last names of the client
subjected to the provisions of the last
paragraph of article 37.
30 Revised 2007
CHAPTER III
31 Revised 2007
Section III All written requests shall indicate
specifically the points on which the Tax
TRANSFER OF BUSINESS AND Department thinks it necessary to obtain
GOODWILL - SUSPENSION OF clarification or justifications and shall grant
OPERATIONS OR PROFESSION - to the taxpayer a period of 8 days to
DEATH OF THE TAXPAYER provide his response.
32 Revised 2007
4. Any taxpayer who has kept themselves of the Industrial and Commercial Profits
from responding to the requests of the and the Taxes on the Turnover only if the
Tax Officer for justifications or concerned suppliers are identified or
clarifications. registered in the National Directory or
Taxpayers.
Section VI
PENALTIES
Section VII
TAXPAYERS OBLIGATIONS
33 Revised 2007
CHAPTER IV
- income from built properties, such as, For the calculation of the tax, the taxable
houses, factories, shops or offices; income determined in the conditions set out
- income from any real estate property in article 53 is rounded down to the nearest
not yet built. hundred ouguiyas.
35 Revised 2007
CHAPTER V
37 Revised 2007
Such declaration shall resume the various ART 71. - The provisions of this article are
remunerations, allowances and repealed are replaced by the provisions in
reimbursements of expenses paid and article 478
benefits in kind granted during the course Order 2000 – of January 10th, 2000
of the ending month pursuant law of finances for 2000)
Section VI
PENALTIES
38 Revised 2007
CHAPTER VI
ART 73. -- A tax is imposed on income from movable 5. Directors' percentages of profits, director's fees
capital property applicable to : and any other remuneration paid on behalf of any
- to products distributed by companies and other account to the members of the board of directors
organisations which are liable to tax on industrial or of the supervisory board of private companies.
and commercial profits
- to income from debts, deposits, guarantees, 6. Interest, arrears and other income of any nature
current accounts (compte courant). of duties and other negociable loans, as well as the
reimbursement bonus paid out the shareholder.
Section I 7 (nouveau) : Interest paid out by Treasury
vouchers regardless of the due date and the legal
GOODS DISTRIBUTED BY LEGAL ENTITIES beneficiary’s activity
SUBJECT TO TAXATION ON INDUSTRIAL AND
COMMERCIAL PROFITS
ART 74.bis. - nouveau : Dividends paid out to the
ART 74. - The followings are subject to the tax: head office by the branches are exempte from the
income tax of the IRCM, as long as the 10%
1. . Income from shares and partnership shares, deducted from the dividend has been already
eventually: transferd by the branches.
1. loans on mortgages, preferential debts and Each payment is attached with a certified copy of a
unsecured debts, except any commercial operation notice on a standard printed form removed from a
without the legal aspect of a loan. dated and signed notebook by the party paying
2. deposits of sums or with a fixed due date. including :
3. cash guarantees
4. current accounts except excess interest from the - the period during which the withholdings were
current accounts of partners made
- the title, address, profession, dwelling place or
registered address and the Number in the
ART 78. – Are exempt from tax the interest of the National Directory of Taxpayers of the individual
sums registrered in the Saving notebook or legal entity who made the withholdings;
- the taxable base according to the nature of the
- interest of the sums registrered in the Saving income
notebook - the total amount of withholdings
- The interests issued on accounts opened with
the bank when the legal beneficiaries are The Treasury accountant keeps the first copy of the
families or mauritanians workers living outside of declaration and forwards the second to the
Mauritania and when the amount of the sums do concerned Tax service, at the latest on the 10th of
not exceed one million ouguiya per year. the following month for the payments of the
previous month.
ART 79. - The tax is only due for the single reason III.Taxpayers Obligations
of interest payment or upon its recording in the
debits or credits of an account. ART 82. - 1. Companies paying the income referred
to in article 73 must provide to the General Director
Section III of the Tax Department, before April 1st of each
year, the reports and briefings of meetings of the
COMMON PROVISIONS board of directors or shareholder meetings and
failing such meetings, will require a certificate
I. Rate and Taxable Base on Movable Assets showing the profits or income actually distributed
during the previous year.
ART 80. The tax rate is 10%. It is applicable to
gross income allocated or cash in by the legal - 2. The companies referred to in paragraph 1 in the
beneficiary. above, bankers, public officers and any individuals or
legal entity usually receiving deposits of financial
II. Tax Collection securities must provide to the General Director of
the Tax Department, before April 1st of each year, a
ART 81. - The tax is collected by withholdings made statement on a standard printed form issued by the
on behalf of the Treasury at the time of each authorities indicating for each income beneficiary
payment, by the individual or legal entity paying the subject to the tax on movable capital:
income, interest, arrears of interest or any other
sums referred to in articles 74 and 77. - its first name, last names or company name,
profession or activity, address or headquarters
address and Number in the National Directory of
Taxpayers;
40 Revised 2007
- the nature and amounts of income or revenue
received during the previous year
3. Books, papers and documents of a nature enabling
the checking and monitoring of the tax shall be filed
in order to make it available, if necessary, to the
Taxation officers up until the end of the third
financial year following the year during which the
payments were made.
IV. Penalties
41 Revised 2007
The calculation of her general income tax is then
done on the basis of one taxable base only, which is
CHAPTER VII
2. Nevertheless, the taxpayer may claim separate The annual gross income is constituted by the total
taxation for his minor children when they receive an amount of net income received from various sources
income from their own work or from wealth other defined as followed:
than his own.
1. Income from industrial, commercial and artisanal
3. A married woman may always, at her request, file activity as well as income from non commercial
taxes separately from her husband when she has her activities and other in the same category.
source of income distinct from that of her husband.
42 Revised 2007
Are considered, the income used for a taxable base
for the taxation on industrial, commercial and
artisanal profits as well as the profits made on non
commercial and other similar
43 Revised 2007
c) Carriers and owners of utility vehicles with a load bearing capacity exceeding two tonnes:
Income per vehicle as from January 1st,1986
1°. Tourism vehicles providing inbound and outbound transportation and city taxi
of the
surrounding areas other than Nouakchott 30.000 UM.
2°. Tourism vehicles providing inbound transportation in the area of Nouakchott 50.000 UM.
2. Income from real estate property b) the distributions of reserves in the form of the
increase of capital or the merger of companies, the
The taxable income is constituted by the annual free allocation of shares, partnership shares, shares
income rent from all the rented properties which is in the capital of a company or debentures or any
used as the base for the calculation of the tax on capital gains resulting from such allocation.
real estate property.
5) capital gain
The concerned annual rental value shall be witheld,
even when the rental period is less than the year of capital gain withdrwan from the transfer of movable
taxation. capital, real estate property or share made by
individuals not subjected to tax on industrial and
3. Wages, salaries, pensions and income from life commercial profit as well as non commercial profits.
annuity.
Wages, salaries, pensions and income from life II. The expenses listed below are deductible from
annuity which have not been submitted to the tax on the global income when they are in compliance with
wages, salaries, pensions and annuities provided for the followings conditions:
in article 62, are liable to tax.
- they have not already been taken into account for
4. Income from movable capital the determination or evaluation of net income for
the various categories;
5-The concerned sources of income are referred to
in articles 74 and 77 and shall be taken into account - they have actually been paid by the taxpayer
in the global annual income. during the course of the year for which the
general income tax is calculated;
However, the followings are exempt from the
general tax on income - they are justified by conclusive documents
attached to the declaration of income, such as
a) reimbursements and depreciation, in part or in receipts of payment, copies of loan documents,
whole, by companies towards the amount of their copies of court orders, testimonials of the
shares, interest share of a general partnership, beneficiaries as to the sums paid and so forth...
before their winding up or liquidation;
44 Revised 2007
1. Interest on loans of which the taxpayer is The same facility is granted to taxpayers who, due
accountable for, taken to acquire or build a property to circumstances independent from their will, have,
in Mauritania for the purpose of his personal during the course of the same year, received income
accommodation as a principal residence. according to its normal maturity terms, would
correspond to a period of several years.
2. Pensions for wich the amount is set by court
order. Section IV
6. Food allowance paid to the ascendants up to a 2. Public officers and agents of the Mauritanian
cumulated amount of 48.000 UM per year. government carrying out their functions, or
travelling on an official trip in a foreign country and
7. Sponsorship in the benefits of the public exempt from personal income tax on the whole of
community and charity organisation fixed at the their income in such country, are taxable according
rate of 1% on revenue if a statement from the to the same rules that apply to taxpayers living in
concerned administration is provided along. Mauritania.
45 Revised 2007
Section VI Section VIII
HIDDEN REMUNERATIONS
INCOME TAXATION ON THE YEAR OF
TRANSFER OF RESIDENCE ABROAD OR ART 96. - Joint stock companies, limited liability
ABANDONMENT OF ANY RESIDENCE IN companies, general partnerships and private
MAURITANIA companies which, directly or indirectly, pay to
individuals whose identity are not revealed any
ART 94. - 1. The taxpayer living in Mauritania who commissions, brokerage fees, commercial or non
transfer his dwelling place to a foreign country is commercial discounts, bonuses, allowances and any
liable to the general income tax he received during other remuneration or distribution, are subject to
the year of his departure up until the date of such the general income tax on the total paid out amount.
departure, on the industrial, commercial or craft
profits and on non commercial profits he has made The taxation is carried out on one assessment and
since the end of the last taxed fiscal period, as well each year is assessed on the amounts paid during the
as any income produced but not available to him period chosen as the taxable base for the tax on
prior to his departure. industrial and commercial gains payable for the same
year.
2. A temporary declaration of taxable income
pursuant to paragraph 1 above is made during the The declaration of the taxable amounts is made at
ten days preceding the date of the departure. It is the same time as the declaration related to the tax
subject to the rules and penalties which apply to on industrial and commercial profits made in
annual declarations. accordance with the provisions of article 14.
3. The contributions due are calculated upon receipt The highest rate applicable to the general tax on
of the temporary declaration. They are payable income is applied to the total amount so declared,
immediately and collected in advance. without any tax allowance.
The filing for the tax on income is produced by legal ART 97. - Repealed (order no. 87.003 of 07.01.1987
beneficiaries of the deceased within six months of – Pertaining to Finance law of 1987).
the death’s date. It is subject to the rules and
penalties applicable to the annual declarations. ART 98. – Repealed (order no. 87.003 of 07.01.1987
Requests for justification and proof as well as the – Pertaining to Finance law of 1987).
notifications provided for in articles 101, 102 and
103 may be validly sent to any of the legal ART 99. - Repealed (order no. 87.003 of 07.01.1987
beneficiaries. – Pertaining to Finance law of 1987).
46 Revised 2007
Section X ART 102. - The clarifications, justifications or
explanations mentionned in the previous chapter may
DECLARATION - MONITORING – AUTOMATIC be requested verbally or in writing.
TAXATION
If the taxpayer has refused to answer a verbal
ART 100. - All taxpayers must file, every year, request or when the answer to such request is
before March 1st, a declaration of the income they considered by the Inspector to be equivalent to a
have received the previous year, indicating by source refusal to respond to all or some of the points to be
of income the elements which the income is clarified the Inspector shall renew his request in
composed of. The declaration must also include a writing.
detailed listing of lifestyle’s elements.
All written requests shall indicate specifically the
The allowed time period mentioned in the previous points on which the Tax Department thinks it
paragraph is nevertheless postponed to April 1st for necessary to obtain clarification or justifications
taxpayers who are subject to the regime of actual and shall grant to the taxpayer a period of 8 days to
gain, to industrial and commercial profits as well as provide his response.
the tax on non commercial profits.
Such declaration, made on a standard prescribed ART 103. - The Tax Inspector may make some
printed format made available to the interested adjustments to the declarations in accordance with
parties by the Taxation Department shall be dated, the procedure set out in article 474.
signed and provided to the Inspector of the place of
taxation.
ART 104. - The following are automatically sbject
to taxation :
ART 101. The Tax Inspector checks the
declarations; he can request from the taxpayer any 1. Any taxpayer who has not signed a declaration of
clarifications and justifications: his income as provided in article 100.
a) On his status and family expenses. 2. Any taxpayer who has failed to answer and
provide any clarification, justification or explanation
b) In regard to the expenses deducted from total of the Inspector.
income pursuant to the provisions of article 88. The
Tax Inspector can also request explanations when he
has gather information which enables him to ART 105. For the purpose of application of the
establish that the taxpayer has reduced the amount provisions of article 104 above, the taxable income
of total income declared. cannot be less than an estimated sum calculated by
applying to certain elements of the taxpayer's
lifestyle the following scales:
- Dwelling place and secondary home - Twice the annual rental value of each building
- Domestique - 50 000 UM per servant
- vehicles - Three quarters of the value of each car (new car
value) with a rebate of 20% after one year of use
and of an additional 10% per year for the following
four years.
47 Revised 2007
Furthermore any open or evident personal - Single or divorced with four dependent
expense exposed by the taxpayer are also children . 3,5
taken into account in the determination of
the taxable income. and so forth, increasing by half a unit per
child dependent upon the taxpayer
ART 106. - The taxpayer who is subjected Disabled children over minor age count for
to automatic taxation does not have judicial one whole unit.
recourse to obtain the cancellation or
reduction of the taxation he is liable to In the event the taxpayer has several
except if he has proof of being spouses, each spouse counts for one unit.
overcharged.
A widow who has one or several dependent
Section XI children not born from the marriage with
the deceased spouse is treated as a single
TAX COMPUTATION person with the same number of dependants.
ART 107. - For the calculation of tax, the Finally, the number of units to be
taxable income rounded down to the nearest considered shall not, in any case, exceed
one hundred ouguiyas is divided into a five.
specific number of units according to article
108 considering the family status and
expenses of the taxpayer; income ART 109. - As an exception to the
corresponding to an entire unit is taxed by preceding provisions, the taxable income of
application of a progressive scale. single, divorced or widowed taxpayers who
do not have a dependent child is divided by
The tax due by the taxpayer is equal to the 1.5 when such taxpayers:
result of the contribution obtained in that a) have adopted a child.
manner by the number of units.
b) are entitled to either a work accident, or
war invalid pension, or a pension of widow of
ART 108. - The number of units to take war, of at least 40%.
into consideration for the division of
taxable income as set out in the previous
chapter is as follows: ART 110. - The taxpayer's legitimate under
age or disabled children or children less
- Single, divorced or widowed without than 25 years old who are studying are
dependants ... 1 considered to be dependent upon the
- Married without dependants ... 2 taxpayer.
- Single or divorced with one dependent
child .. .2
- Married or widowed with one dependent ART 111. - For the purpose of applying
child 2,5 articles 108 and 110, the situation to be
- Single or divorced with two dependent retained is that existing as at December
children 2,5 31st of the year of receipt of the income.
- Married or widowed with two dependent
children .. 3 However, in the event of departure or death
- Single or divorced with three dependent of the taxpayer, the situation taken into
children .. .3 account is the one at the date of departure
- Married or widowed with three dependent or death.
children 3,5
48 Revised 2007
ART 112. - The rates applicable to the
taxable income corresponding to a unit are,
for each income bracket, determined as
follows:
Section XII
PENALTIES
49 Revised 2007
TITLE 2
VARIOUS TAXES
CHAPTER I
ART 156. - The following are exempt from II. Tax Rates
the tax:
1. Vehicles belonging to the State and to ART 157. - The tax rate depends on the
territorial communities use of the vehicle and on its fiscal power.
2. Vehicles specially customed to be used by
injured and the disabled Tax rates are fixed as follows:
3. Heavy vehicles or machines considered to
be public work tools, except trucks; a) Tourism vehicles:
50 Revised 2007
III. Taxation Period - Payability - In Nouakchott, by the Registration
Office;
ART 158. - The taxation period is from - in the towns, by the Tax Inspector for
January 1st to December 1st the area.
The whole year tax is due on all non-exempt
A standard declaration form is provided in
vehicle by owners.
duplicate to the taxpayer by the Taxation
Department to enable him to immediately
It is payable on January 1st.
pay the amount of the tax to the cashier of
the Treasury accountant.
However, for a new or used vehicles put on
the roads during the course of the year, the
The sticker proving the payment of the tax
tax is payable during the month the vehicle
on motor vehicles is provided by the
is first put on the road in the Mauritanian
Taxation Department upon presentation of
territory.
the receipt provided by the Treasury.
The tax is not applicable to the mentioned
above vehicle when they are put on the road
The agent in charge of delivering the
after Octobre 1st.
sticker states on the back of the receipt:
51 Revised 2007
ART 163. - In the event of sale of the
vehicle during the course of the taxation
period, the successive assignees are jointly
liable for the payment of the tax.
VI. Monitoring
VII. Penalties
52 Revised 2007
CHAPTER II
APPRENTICESHIP TAX
ART 171. - The tax is fixed in the name of The tax rate is estimated at 0,60 %.
each party liable to taxation for all of the For its calculation, the tax base is rounded
businesses operated in Mauritania, at the down to the nearest hundred ouguiyas.
registered address of the businesses, or
failing to do so , at the headquarters
address . ART 174.Bis. - Taxpayers must calculate on
their own and pay the amount of the tax
due, at the latest on the last day of the
ART 172. - Every CEO of a business liable deadline to provide a declaration according
to taxation must submit each year, before to article 172.
February 1st, to the Tax Inspector, a The payment made to the assigned
declaration mentioning the followings : accountant of the Treasury is made with
two copies of a payment receipt taken out
1. his first name and last names, the name of from a book of forms provided by the
his business, its registered address, and if authorities.
needed the principal place of business, the A failure to pay in whole or in part in
Number on the National Directory of accordance to the previously mentionned
Taxpayers conditions is punishable by a 60% increase
2. the total amount of wages, salaries and and the defaulting taxpayers are listed on a
remuneration of any kind paid during the collective or individual list.
taxable period, specifying :
a) sums of money.
b) sort of payment made
53 Revised 2007
V. Complete or Partial Tax Exemptions
VI. Penalties
54 Revised 2007
LIVESTOCK TAX
55 Revised 2007
CHAPTER II
ART 185. - The tax on turnover applies to ART 192. - The provisions of this article
the operations defined in article 186. are repealed (order No 94.010 of January
24 ft, 1994 – amending the changes on
General Tax Code)
ART 186. - The operations set out in article
177B which do not fall within the field of
application of the value added tax, shall be ART 193. - The provisions of this article
subject to the tax on turnover. are repealed (order No 94.010 of January
24 ft, 1994 – amending the changes on
General Tax Code)
ART 187. - The provisions of this article
are repealed (order No 94.010 of January
24 ft, 1994 – amending the changes on ART 194. - The provisions of this article
General Tax Code) are repealed (order No 94.010 of January
24 ft, 1994 – amending the changes on
General Tax Code)
ART 188. – Are considered liable to tax on
turnover all individuals carrying out the Section II
operations referred to in article 177B in an
independent manner, either on a regular or SALES
occasional basis, and who do not fall within
the field of application of the value added ART 195. - The provisions of this article
tax. are repealed (order No 94.010 of January
24 ft, 1994 – amending the changes on
Section I General Tax Code)
IMPORTS
ART 196. - The provisions of this article
ART 189. - The provisions of this article are repealed (order No 94.010 of January
are repealed (order No 94.010 of January 24 ft, 1994 – amending the changes on
24 ft, 1994 – amending the changes on General Tax Code)
General Tax Code)
56 Revised 2007
ART 200. - The provisions of this article
are repealed (order No 94.010 of January
24 ft, 1994 – amending the changes on
General Tax Code)
FIXED SUM
Tunrover Taxes
< 500.000 10.000
from 500.000 to 1.000.000 20.000
from 1.000.000 to 2.000.000 30.000
from 2.000.000 to 4.000.000 50.000
from 4.000.000 to 6.000.000 90.000
57 Revised 2007
For the application of this article, small
supplies shall be included in the taxable
base.
FIXED SUM
Tunrover Taxes
Less than 200.000 15.000
from 200.000 to 500.000 30.000
from 500.000 to 1.000.000 45.000
From 1.000.000 to 2.000.000 60.000
From 2.000.000 to 3.000.000 90.000
58 Revised 2007
The elements used for the calculation of the address of their business, the amount of
tax on services provided may be adjusted tax due on taxable operations carried out
automatically in the following cases: the previous month.
Each payment is submitted with the
- 1. . In the event of the failure to produce declaration referred to in article 211.
the accounts or the special imports accounts
book;
- 2. If serious and repeated errors, ART 213. - Taxpayers supplying goverment
omissions or inaccuracies are found in the agencies carry out the payment of the tax
accounting of the activities carried out; according to the conditions stated in article
- 3. . If the absence of supporting 212, except for the amount of the tax
documents deprives the accouting already witheld pursuant to the provisions
department of any accountability. of article 508.
The taxpayer who is automatically taxed, or They must distinguish in the declaration
who is subjected to an automatic provided for in article 211 between the
adjustment procedure, cannot obtain amount of services provided to the
through the judicial process the discharge government agencies, and the amount of
or rebate of the taxes of which he is liable other services provided.
to, except if he has proof of being
overcharged. II. Taxpayers Subject to the Fixed Sum
System
ART 211. - Taxpayers liable to the tax on ART 214. - The taxpayers subjected to
services provided, except for those who are the estimated tax system must make an
subjected to the estimated tax regime, automatic the tax payment during the anual
must hand out to the accountant of the inventory. In regards to such matter the
Treasury of the registered address of their money drawn up as the immediate payment is
business, at the latest on the 15th of each authorised to recover payable duties in
month, a declaration complying with the exchange for a payment receipt taken from
form prescribed by the authorities and in an accounting notebook. However, beside the
regards to the activities carried out the number and the date of the payment receipt
previous month.- The payment and recovery has to be added the title representing
of such tax are carried out in the conditions officialy the recovery.
set out in articles 184 Septiès, Octiès,
Noniès et décès Taxpayers who cease their activity during
the course of the year may obtain a rebate
of their estimated fixed sum prorata from
ART 211 Bis. - are automatically taxed : the time in between the first day of the
1. Any taxpayer who has not subscribed to month following that of the ceasion and
the declaration provided for in article 211 December 31st.
within the prescribed deadlines;
2. Any taxpayer who has failed to answer ART 215. - In the event of disagreement on
the requests for justification or the amount estimated by the Tax Officer
clarification of the Inspector. the taxpayer may request through judicial
procedure according to the conditions set
ART 212. - Those taxpayers subjected to out in articles 560 and 561, a rebate of his
the the tax on services must calculate taxation.
themselves and pay, not later than the 15th
of each month, to the cashier of the
assigned accountant for the registered
59 Revised 2007
He shall provide in order to support his
claim all accounting elements of any nature
to enable the understanding of the amount
of turnover actually made.
III. Penalties
60 Revised 2007
CHAPTER III
TAX ON COMMODITIES
Section I Section II
TAX ON ALCOHOLIC BEVERAGES
TAX ON OIL PRODUCTS
ART 223. - A tax is mandated on alcoholic
ART 220. - 1. Are liable to tax on oil beverages that are meant to be consummed
products, Liquid hydrocarbons other than in Mauritania.
crude oils (super fuel, ordinary automobile
fuel, paraffin oil, gasoline, diesel oil, heavy
fuel, light fuel), except for fuel oils meant ART 224. – Are exempt from taxes any
to be used in aviation (plane fuel, jet fuel). imports, ceasion, and similar transactions
associated with the following products:
2. Ordinary and super auto fuels are
subjected to the specific tax known as as 1. Medication products containing alcohol,
the "Company Margin Tax". except alcohol mint
2. Alcoholic beverages produced from
already taxed alcohol product
ART 221. - – However, products delivered
to high seas vessels and to fishing ships for 3. Alcoholic beverages intended to be
consumption on sea or to a commercial exported from Mauritania
aircraft, are exempt from taxation. 4. Brut alcohols intended for research and
study laboratories of scientific and
ART 222. - 1. The rates applicable to the educational establishments.
tax on oil products are according to the
folowing :
ART 225. - The tax rate on alcoholic
- 25 UM per litre for super fuel beverages, which applies to the customs
- 24 UM per litre for ordinary auto fuel value inclusive of all taxes, excluding the tax
(except for reloading for craft fishing) on alcoholic beverages itself, is set at:
-0.86 UM par litre pour le pétrole lampant ;
- 5.5 UM per litre for paraffin oil (gas-oil); - beer : 195 %
- 4.5 UM per litre for diesel oil and light - ordinary wines : 209 %
fuel (fuel-oil) ; - sparkling wines and champagne 229 %
- 4.5 UM per litre for heavy fuel (fuel-oil) - whisky, vodka, rum, gin, brandy :294 %
- 4.2 UM per kilogram for greasing oils and
lubricants; Section III
- 1.04 UM per kilogram for liquefied gaseous
hydrocarbons (butane, propane). TAX ON TOBACCO PRODUCTS
2. The Tax Rate on the gross margin for ART 226. - The provisions of this article
companies selling oil products is fixed as the are repealed.
followings below: Law n°2006 – 01 pertaining to law of finance
- ordinary fuel: 300 UM per hectolitre for 2006)
-super: 300 UM per hectolitre
- gas-oil: 120 UM per hectolitre.
61 Revised 2007
ART 227. - The provisions of this article - Personal or family consumption or use for
are repealed. individuals, when the use is affecting
Law n°2006 – 01 pertaining to law of finance imported goods from abroad.
for 2006)
II. Taxpayers Obligations
Section IV
ART 232 - The tax is paid:
TAX ON VARIOUS FOODS PRODUCTS
- For goods originating from abroad, by
ART 228. It is established a consumption the importing party or the first real
tax on sugar at the rate of 7,5% of the consignee in Mauritania;
value. - For goods produced or manufactured in
Mauritania, by the producer or the
manufacturer.
ART 229. - The provisions of this article
are repealed.
Law n°2006 – 01 pertaining to law of finance ART 233. - Any taxpayer liable to
for 2006) consumption tax must keep a logbook which
shows by nature, quantity and quality:
Section V
1. For imports and entries of goods
COMMON PROVISIONS wherever they originated from, including
from a country member of the CEAO or the
I. Taxable Operations CDEAO:
ART 230. - The following are liable to the - the dates of import declarations or the
consumption tax set out in this chapter : dates of receipt;
- the quantities imported or received;
- In regards to imported products, - the dates and numbers of receipts
including those originating from any relating to the payments.
country member of the CEAO and of the
CEDEAO, all release for consumption on The logbook must be assessed and initialled
the Mauritanian territory according to by the General Director of Customs or his
the customs terms. representative.
- Are also considered imports, the entry of
goods coming from any country a member 2. For goods produced or manufactured in
of the CEAO and of the CEDEAO. Mauritania:
- In regards to the goods produced in
Mauritania, any transfer made whether - the stocks as at January 1st of each
for payment or for free, and carried out year;
lawfully or in fact in the legal delivery - the production recorded on a daily basis;
condition on the Mauritanian territory. - the exits also recorded on a daily basis
62 Revised 2007
ART 234. - For goods produced or
manufactured in Mauritania, taxpayers liable
to consumption tax provide to the General
Director of Tax Departement before the
15th of each month a declaration indicating
the quantities sold or taken during the
course of the previous month.
63 Revised 2007
CHAPTER IV
TRAFFIC TAX ON MEAT PRODUCTS ART 242. -- 1. Local production meats. The
taxable base, the receipt rules and the rate
ART 238. - A tax is fixed meat trafficking of the meat trafficking tax are determined
by order of the local Councils.
It is one time fee payable, before the 2. Imported meats. The weight to be
departure of the goods from individual retained for the tax base is the weight of
slaughterhouse shops or from commercial the animal once slaughtered and skinned.
slaughterhouses or before made available The head, hoofs, and the organs contained in
for consumption in the case of imported the ribcage and in the abdominal cavity give
meats. rise at the time of payment of the tax, to a
right to a rebate equal to 10% of the weight
I. Taxable Products of the meat. The rate is fixed uniformly at
50 UM per kilo.
ART 239. – Are subjected to the tax on
meat trafficking meat from slaughterhouses V. Taxpayers Obligations
intended for sale and the following
animals listed below: ART 243. - Only those individuals or legal
entities which hold a professional license
- Bovids: oxen, bulls, cows, calfs, bullocks card delivered by the authorities in the
and bull-calfs, heifers conditions set by decree, may exercise the
- Ovids: rams, sheep, ewes and lambs; profession of butcher.-
- Caprines: billy goats, goats and kids;
- Camelides: camels, she-camels and their Meat importers shall sign a declaration of
young. existence with the representative of the
administrative authority of their area
II. Exemptions (Governor or Prefect) and shall keep a
logbook assessed and initialled by such
ART 240. - The following are exempt from authority, mentionning :
the tax on meat trafficking
1. the date of declaration of importation;
1. Exported meats; 2. the nature, weight and quality of the
2. Meats seized by health control services. imported meats.
III. Subject Liable to Tax The taxpayers discharge their liability and
pay the tax to the Treasury as the
ART 241. – Are liable to tax on meat any operations referred to in article 238, 2nd
individuals or legal entities, as well as public paragraph, progress.
establishments entitled to slaughter
livestock for the marketing of the meat, or
who import meats listed in in article 239.
64 Revised 2007
VI. Temporary Provision ART 249.Bis. –The Tax Department
Inspectors have access to the movie
ART 244. - The product of the local meat theathers if needed for verifications. They
trafficking tax is assigned to the budget of can also proceed with the verification of the
the territorial community within which the cashier stand and the material inventory if
tax was received. needed.
Section II
ART 249.Ter. (nouveau). - An airport tax
SPECIAL TAX ON MOVIES is mandated for each commercial filght.The
PROJECTIONS tax is based on the number of passengers
boarding from Nouakchott, it is set at 6000
ART 245. –It is established a special tax on UM per passenger traveling abroad. For
on movie projections. children under the age of 2 years old the
tax is set at 2000 UM. Airline companies are
responsible for collecting and paying such
ART 246. – The tax affects revenue made tax.
by companies carrying out movie production Airline companies must provide declaration
activities and other sources such as :. no later than the 15th of each month, using a
1- revenue from movie ticket sales standard form provided by the Tax
2. 2-revenue from Renting movies to authorities including the number of
theather owners or individuals. passenger who travelled overseas from
Mauritania. Such declaration along with the
tax payment is made out the Tax treasury.
ART 247. – The tax rate is set at 1,50%. Failure to provide such declaration within
the prescribed deadlines, an automatic
The taxable base is assessed with the gross taxation will be assessed based on the
income and taxes. number of seats the airline companie offer
according to their airplane capacity.
ART 248. - It is established a another tax
in addition to the regular tax on on movie The above mentioned tax is subjected to
projections of wich the rate is set at 5 UM penalties pursuing to article 478 of the
per sold ticket. present code.
Section III
ART 249. – The taxpayers liable to the tax
on on movie projections and the additional COMMON PROVISIONS
tax must themselves and pay, not later
than the 15th of each month, , to the cashier ART 250. - The rules relating to the tax on
of the assigned accountant for the turnover which are not inconsistent with the
registered address of their business, the provisions of this chapter apply to the
amount of tax due based on the revenue indirect taxes referred to in articles 238 to
made from movie ticket sales during the 249.
previous month.
The payment shall be made with two copies
of a delivery note for which the format is
provided by the authorities.
65 Revised 2007
TITLE 3
CHAPTER I
REGISTRATION FEES
I. Fixed Duties and Proportional Duties Such taxes are calculated on the price or
stated value
ART 251. - Registration taxes are either
fixed or proportional, depending on the ART 255. - Amendments and agreements to
nature of the actes and deeds concerned which a condition precedent applies are
registered at the fixed rate of 200 UM.
ART 252. - The receipt of the duties is set When the condition precedent is satisfied,
according to the external form of the act or the applicable fiscal regime and the taxable
the content of their provisions, without any values are determined as at the date of
concern to their validity, or to the causes of such satisfaction. However, the fixed rate
their subsequent cancellation or annulment, paid on the original acts cannot be deducted
except where otherwise provided by this from the taxes finally payable.
code.
II. Dependent and Independent
Provisions
ART 253.-Unless otherwise provided in the
specific provisions, the fixed tax applies to ART 256. - When an acts relates to two
those acts which do not record either a transactions is taxed differently, but which,
transfer of property, usufruct or of rights by reason of their correlation are not of a
of possession of movable or real property, nature to allow the plurality of taxes. The
nor an allocation of contract nor order to provision which is used for the calculation of
pay costs or orders as to value, nor tax is the one that gives rise to the highest
contribution to a company, nor division of rate
movable or real property, and, generally,
applies to any other acts, even those exempt
from registration, which are voluntarily ART 257. - Nevertheless, when in a
presented for the paper work. particular inst acts , either civil, judicial or
extra-judicial, there are several
independent provisions or provisions not
ART 254. - Subject to the exception necessarily deriving from one another, for
referred to in the previous article, the each of them, and according to their nature,
proportional tax applies to transfers inter a specific tax is payable.
vivos of property, usufruct or rights of
possession of movable or immovable
property, orders to pay costs or orders as
66 Revised 2007
The amount is determined by the article of V. Payment Method of the Proportional
this code in which the provision is classified, Duty
or which it relates to. ART 265. - For the payment of proportional
taxes, the tax base is rounded down to the
nearest hundred ouguiyas.
258. - Are exempt from the plurality
referred in the previous article provisions
which, in civil, judicial or extra-judicial acts, ART 266. - When the payment of amounts
are independent and only give rise to fixed received by the Registration Department
taxes. Only the highest fixed tax is to be shows fractions of ouguiyas, the amounts
paid. resulting from such payment are rounded up
or down to the nearest ouguiya.
When an act contains several independent
provisions which give rise to proportional When the payment relates to several
taxes and others to fixed taxes, no tax is accounts, lines, items, or headings open in
payable on this last one provisions, except the accounts where the registration is
the highest fixed rate as the minimum received, the rounding up or down to the
amount payable, if the amount of nearest ouguiya applies to each amount being
proportional taxes payable is lower. the subject of a separate imputation.
ART 269. - Any deeds, promise to sale, acts In the case of sub-lease, a declaration is
conveying property and, generally, any acts signed, in addition, by each of the sub-
relating to the profession of intermediary lessors.
for the purchase and sale of properties or
businesses, are subject to registration 3. The party making the declaration is liable
within ten days of their execution date; the for the payment of the taxes due, although
provisions of article 267 are not departed it may have recourse against the
from in the case where such act were leaseholder. Nevertheless, the parties are
prepared by a notary. jointly liable for the recovery of the tax
itself.
III. Other Deeds
VI. Common Provisions.
ART 270. - No other strict period is
prescribed for the registration of acts ART 273. -– The day of the date of the act
other than those referred to in articles 267 is not counted in the periods prescribed for
and 269. registration.
68 Revised 2007
1 – For months other than the month 4. Declarations of oral amendments, of
of December, on the last working day businesses or of goodwill, as well as the
before the 26th; verbal declarations of transfer of a right to
lease or of the benefit of a promise to lease
2 - . For the month of December, on related in part or all of a property, may be
the last working day of that month made at the office where the property is
Opening and closing days and times are located.
posted at the [front] door of the office.
5. Acts privately signed, other than those
referred to in article 276 and acts drawn up
ART 275. - The periods set by this code in foreign countries may be registered in
for the registration of acts, as well as for any office.
the payment of all taxes of which the
recovery falls to the Registration office, or IV-RATES AND APPLICATIONS
for the submission of the declarations it
relates to, are extended to the first I. Fixed Duties
following working day when the period
expires on one of the closing days as set out ART 277. - – The following are registered
by article 274. at the fixed rate of 200 UM:
69 Revised 2007
9. Acts of dissolution of companies which do companies whose capital is not divided into
not effect any transfer of movable or real shares, are taxed at 2. 5 %.
property between the associates and other The tax is based on the price expressed,
persons; plus expenses.
ART 279. – Court orders from the Supreme In all cases where the transfer of shares or
Court in civil, commercial or administrative of interests gives rise to the tax on
matters are registered at the fixed tax transfers pursuant to this article, the
rate of 1 000 UM. outright assignment, upon dissolution of the
company, of the property represented by
the titles being transferred only gives rise
ART 280. - – Arbitration decisions in the to the tax on transfers if the assignment is
case of the foreign judgement order, give made to an individual other than the title
rise to the taxes applicable to judgements holder.
and orders according to the level of
jurisdiction usually competent to hear the B. Leases
matter, either at first or last apeal.
ART 283- Are subject to a 1% tax payable
The foreign judgement order is registered by the tenant and 2% by the owner Leases,
free of charge. sub-leases and extensions of term or real
estate leases, turnover and other movable
II. Proportional Duties property.
A. Shares and Interest Shares - Leases of land registration are only subject
Transfers to the 1% tax.
ART 281. – Acts affecting transfers of ART 284. - Subject to the provisions of
shares, founders' shares or partnership article 511, the tax is payable on the
shares or transfers of interests in cumulated price of all the years.
70 Revised 2007
However, unless the parties express a by the parties, whether it is referred to as
contrary desire, the amount of the tax is a transfer of the door-step of a shop, a
split up: departure allowance or otherwise, is subject
1. In the case of a fixed term lease, in as to a registration tax of 15%.
many payments as there are annual periods
during the term of the lease; Such tax is paid on the amount of the sum
2. In the case of a periodic lease, in as many or allowance stipulated by the transferor to
payments as there are periods in the lease. be for his benefit or on the actual market
value of the right transfered if the
Each payment represents the tax related to agreement does not contain any express
the stated rent and rental charges for the stipulation of a sum or allowance for the
period to which it applies, even where the benefit of the transferor or if the
parties, if the lease is a period lease and if stipulated sum or allowance is less than the
the period exceeds one year, claim the real market value of the right transfered.
division set out above. Only the tax relating The tax received in that manner is
to the first annual period of the lease is independent from that which may be
discharged upon registration of the act or received for the enjoyment of leased
declaration; the tax related to the following property.
periods is paid during the month of the
beginning of the new period, by the owner or The provisions of this article apply to all
tenant, jointly responsible for the payment agreements having the effect of
It is paid at the applicable rate at the terminating a lease related to all or part of
beginning of the period. a property to replace it with a new lease in
favour of a third party.
If the lease or the rent price is stated When the properties swapped are of the
payable in nature or based on certain same value, the tax is payable on only one
products, the tax is payable according to lot.
the value of the produtcs assessed in the
day of the contract, determined by the If the properties swapped are of unequal
estimating declaration from the parties. value or it is provided that one of the
parties making the swap is liable for a
If the tax amount is divided, the estimate is balance in cash, the tax is paid at the rate
only use for the first period. For every of 2.5 % of the value of the cheapest lot
following period, the parties are mandated and at the rate which applies to the
to submit a new estimated declaration of transfers of properties for valuable
the products value on the day of the consideration on the balance in cash or on
beginning of the new period, which will the appreciated added-value.
therefore be used as a taxable base. The properties are valued on the basis of
their real value as the date of transfer.
71 Revised 2007
The mentionned tax is paid as : Orders of judges in chambers, judgements
1. On the price of the elements of intangible and orders in civil, commercial or
property, equipment and furniture used for administrative matters issued from modern
the operation of the business law jurisdictions, are taxable at the rate of
2% on the amount of the sentences
2. On the real value of such elements if it pronounced.
exceeds the declared price.
When the proportional tax has been paid on
Equipment and furniture give rise to a a judgement given by default, the tax on any
detailed estimated inventory in a distinguish appeal judgement which may intervene
manner of which two copies shall be applies only to the additional sentence. The
submitted and kept in the office where such same applies to judgements and orders given
registration usual formalities is required. on appeal.
The product stock is subject only to a 2% As an exception and during a period of three
tax, only if it is mentionned, in regards to, a years from January 1st, 1995, the court
particular price and that it be will valued order of judges in chambers, the
separately item by item, two copies of shall judgements and court orders in civil,
be submitted and kept in the office where commercial and administrative matters
such registration usual formalities is issued from right jurisdictions with respect
required to the recovery of bank debts, are exempt
from registration taxes and are registered
free of charge.
ART 289. - – The provisions of this code
relating to transfers of businesses or
goodwill for valuable consideration apply to ART 291. - In the case provided for in the
any agreement for valuable consideration 3rd paragraph of article 516, the parties not
having the ability to enable any person to sentenced to payment may have the
practise a profession, a duty or employment decisions registered by paying the fixed tax
held by a previous title holder, even when applicable to the registration of judgements
such agreement reached with the not subject to the proportional tax. For this
titleholder or its successors does not purpose, the clerk of court shall certify in
include a transfer of goodwill. the margin of the minute that the formality
is required by the party not sentenced to
The taxes are due on all the amounts for payment.
which the head of the agreement, whatever
his denomination, imposes on the successor The decision so registered at the fixed tax
as well as on all the expenses falling upon rate is said to be unregistered with respect
him on the same mather. to the parties sentenced to payment, who
cannot lift the decision without paying the
E. Court Decisions – Tax on Sentences additional taxes. The obligations and
penalties related to the clerks of court in
ART 290 During a period of five years, the matters of delivery or sending are
court orders in chambers, the judgements applicable.
and orders in civil, commercial and
administrative matters issued from right The fixed tax paid in accordance with the
jurisdictions with respect to the recovery first paragraph of this article is charged to
of bank debts, are exempt from registration the taxes due by the parties sentenced to
taxes and are registered free of charge. payment.
72 Revised 2007
F. Markets the transfer for valuable consideration of
the said property.
ART 292. – Acts reporting the adjudication The taxes are calculated on the value of the
towards rebate and contracts allocations given property, determined by the parties in
for contructions, repairs, maintenance, a detailed valuation declaration, without
works, studies and supply of services or of deduction of expenses.
goods or other movable objects, the price of
which is to be paid by the State, territorial H. Shares
communities or public establishments, are
subject to a 1% tax. ART 295. - – The division of movable or
personal property between joint owners,
The tax is paid on the price expressed or on joint heirs and joint partners, on any
the valuation of all of the works and supplies account whatsoever, provided that it is
imposed on the contractor. justified, is subject to a tax of 0.25% to be
paid on the amount of the net asset divided.
ART 293. - The proportional tax payable on In the case of a balance in cash or added
allocations of contracts is automatically value, the tax due is paid at the fixed rate
divided : applicable to sales.
In regaurds to the companies granted the 2. The sale of immovables land are
benefit of the long term fiscal regime, the subjected to the taxes provided for in
payment of the proportional taxes provided paragraph 1 above.
for in articles 296, 297 and 301 may,
75 Revised 2007
ART 305. - When an acts transferring ART 309. - Any notary or clerk of court is
ownership, usufruct includes movables and prohibited from receiving an acts for
immovables, the registration tax is paid on escrow purposes without drafting an act of
the total price, at the rate applicable to deposit.
immovables, unless a specific price is
mentioned for the personal property and Are allowed wills provided to notaries by the
that it is itemised and estimated article by testators.
article in the contract.
I. Resulting Deeds
ART 312. - Any act of sub-lease,
ART 308. - The notaries, court clerks, subrogation, transfer or rétrocession of a
defence lawyers and other public officers as lease should contain the literal reproduction
well as the administrative authorities, of the registration mention on the lease
cannot prepare or have prepared an act by transferred partly or entirely.
virtue of or in consequence of an act which
must be registered on the minute or original,
annex it to their minutes, receive it for ART 313. - Where a sentence is pronounced
escrow, deliver it in the form of a patent, according to a registered act, the
certificates,copie or expedition, before the judgement mentions and announces the
original act has been registered, while the amount of tax paid, the date of payment and
period for registration has not expired yet. the office where it was paid; in the event of
Notaries may nevertheless prepare acts by omission and in the case of an act subjected
virtue of or in consequence of act for which to the formality within a limited time period,
the registration period has not yet expired, the competent agent demands the tax if the
under the condition that each of those act acts was not registered at his office,
is appended to the one in which it is except if there is restitution within the
mentioned, that it is submitted at the same prescribed period if the registration of the
time to the formality of registration and act with respect to which the judgement is
that the notaries are personally responsible, pronounced is justified.
not only for the registration taxes and
stamp duty, but also for any fines such act
may issue.
76 Revised 2007
II. Public Deeds – Deposit Slip 1. Declare the operations within the period
of one month from the beginning of the
ART 314. - Notaries, bailiffs and court operations metionned above, at the
clerks must, each time they provide an act , registration office.
judgements or court orders for registration,
to submit at the office a summary of such 2. Keep two logbook, not subject to
act, judgements or court orders, prepared stamping, showing on a daily basis, without
by them in duplicate on the printed form blanks or double spacing, and in numerical
provided by the authorities . order, all the orders, promises of sale, act
transferring property, rentals, and
Failure to do so results in the refusal of generally, any act relating to his or its
registration. profession as an intermediary or his or its
capacity as owner; one of the logbook is
III. Private Deeds assigned to the intermediary operations; the
other to operations carried out in term of
ART 315. - The parties preparing a private an owner.
act to be registered within a prescribed
period shall prepare a duplicate on stamped 3. For the exercise of the right of
paper carrying the same signatures as the communication of Tax agents, the provisions
act itself and which copy is kept at the of article 585 are to be complied with.
Registration office where the formality is
required. Any breach of the provisions of paragraphs
1 and 2 of this article is punishable by fine
A copy or extract of the duplicate lodged of 2 000 UM.
with the office in the conditions set out in
article 591 may be obtained VI. Directories of Notaries, Bailiffs and
Registrars
IV. Good faith Estimate Statements –
Amounts of Duties to be paid to the ART 318. - Notaries, bailiffs and court
Treasury clerks keep a logbook with columns in which
they record, on a daily basis, without blanks
ART 316. – Expenses estimate prepared by or double spacing and in numerical order:
defence lawyers, bailiffs, court clerks,
notaries shall clearly show, in a special 1. For notaries, all acts and contracts they
column and for each disbursement, the receive, even those contracts delivered
amount of taxes of any nature paid to the patented already.
Treasury.
2. For bailiffs, all act and writs of their
V. Estate and Business Agents – ministry department.
Particular Obligations
3. For clerks of court, all act and court
ART 317. - Any individuals or legal entities order which must be registered on the
carrying out intermediary operations for the minutes according to this code.
purchase, sale or rental of buildings or
businesses or who, on a regular basis, buys in
his or its name such property of which he or ART 319. - Each item in the logbook
it becomes the owner, with the intend to include :
resale, must : 1. its number;
2. the date of the act
3. its nature
77 Revised 2007
4. the first name and last name of the Each item in the record book shows:
parties as well as their dwelling place
5. a description of the property, their 1. its number;
status and their price, when it is about act 2. the date of the act
for which the purpose is the ownership, 3. its nature
usufruct or enjoyment of immovable 4. the first name and last name of the
property parties as well as their dwelling place, each
6. The relation for the registration la stated act has to be appended its own order
relation de l'enregistrement. number.
78 Revised 2007
2. Notaries, bailiffs and court clerks and comprising immovable property, a business
the administrative authorities who have or goodwill, is void and of null effect.
neglected to submit for registration, within 2. Any concealment in the price of the sale
the deadline period, the act they mare of a building, of the transfer of a business
mandated to present for such formality, are or of goodwill, or in the whole or part of any
personally liable for the fine mentionned in balance payable in a swap or division is
the previous chapter 1. They are, in addition, punished by a fine equal to twice the payable
mandated to pay the taxes, except for their taxe. Such fine is paid jointly by the
right of recourse against the parties for parties, even if it is split between
those taxes only. themselves in equal shares.
3- Subject to the provisions of paragraph 2, 3. The notary who receives an act of sale,
persons who are, in the eyes of the exchange or division is under an obligation to
Treasury, jointly liable for the tax payment, read this article to the parties, and is liable
are also jointly liable for the payment of the for a fine of 200 UM for a failure to do so.
fine and any additional taxes. He shall mention such reading in the act and
shall affirm that in his knowledge, the
concerned act is neither amended nor
ART 326. - – As an exception to the modified by any letter of amendment
provisions of the preceding article, when the containing an increase in the price or of the
taxes relating to court order which must be balance, or he shall incur the same penalty.
registered on the minutes and to
administrative act, have not been assigned
to the court clerks and administrative ART 328. - The provisions of article 327
authorities within the prescribed period for apply to the contracts of transfer of a right
Registration, their recovery is pursued to a lease or to the benefit of a promise of
against the parties who are liable, amongst lease relating to all or part of a building.
other things, for the penalty of additional
tax.
ART 329. - Where it is vonlontarely
For that purpose, the clerks of court and admited or judicially established that the
administrative authorities provide to the real character of the provisions of a
registration officer, within the ten days contract or agreement has been concealed
following the expiry of the period, extracts under the appearance of provisions giving
of the act and court orders certified by rise to lower taxes, twice the amount of
them for which taxes have not been paid by taxes is payable in addition.
the parties, with a fine of 200 UM for each Such penalty is due jointly by all the
act and court orders, and shall be, in contracting parties.
addition, personally liable for the payment
of the additional simple taxes. III. Deficiency
They are provided with a receipt, on a loose ART 330. - In the event of insufficiency as
paper, for such certificate. Such receipt is provided for in article 553, the parties pay
recorded in their record book. jointly, independently from the simple tax
due on the additional element estimated:
II. Concealment
1. If the insufficiency is recognised
ART 327. - 1. Any agreement having the amicably, half an additional tax.
purpose of concealing part of the price sale
of a building or of a transfer of a business 2. In any other case, a full additional tax.
or goodwill, or of the whole or part of any
balance payable in exchange or division
79 Revised 2007
However, no penalty is incurred when the II. Rate
insufficiency is less than one fifth of the
price stated or of the declared value. ART 332. - The rate of the tax is set at:
1. - 5 % for insurance against marine
However, no penalty is incurred when the navigation risks of any nature;
insufficiency is less than one fifth of the 2. - 10 % for insurance against river or air
price stated or of the declared value. navigation risks of any nature;
3. - 10 % for insurance against fire
During a period of six months from the date 4. - 10 % for life and similar insurance,
of completion of the formality of including contracts for annuities postponed
registration, the Administration may for 3 years or more;
exercise, in favour of the Treasury, a pre- 5. - 10 % for contracts for the mortgage of
emptive right over the buildings, immovable property for a life annuity, including
rights related to all or part of an buildings, contracts for annuities postponed for 3
the price of which it considers to be years or more;
insufficient, by offering to pay to the 6. -10 % for insurance for the exportation
beneficiaries the amount of such price, plus of credit
one tenth. 7. - 10 % for all other insurance
The decision to exercise the pre-emptive Fire risks covered by insurance having as its
right is notified by notice by a bailiff. purpose transportation risks are included in
the risks referred to in point 1 and point 6
Section VII. of this article, depending on whether water
or air transport, or land transport is dealt
SPECIAL TAX ON INSURANCE with.
III. Exemptions
I. Taxable Base
80 Revised 2007
2. Any other contracts, to the extent that the name of the insurer, the amount of the
the risk is located outside of Mauritania or asset insured and those of the amount
does not relate to an industrial, commercial stated in favour of the insurer and
or agricultural establishment located in miscaleneous expenses.
Mauritania.
VI. Joint Liability of Taxpayers
V. Tax Settlement and Payment
ART 338. - In all cases, insurers, their legal
ART 335. - For agreements made with representative, their agents, directors of
Mauritanian insurers or with foreign establishments or branches or their
insurers having a legal branch in Mauritania, representatives, brokers and intermediaries
the tax is due to the Treasury's account by and the insured are jointly liable for the
the insurer or its legal branch payment of the tax and any penalties.
representative or by the main insurer of the
policy, if the contract is subscribed by VII. Obligations of Insurers
several insurers, and paid by him to the
registration office, within the 15 days ART 339. – Insurers, brokers and all other
following each quarter of the calendar year. intermediaries are under an obligation make
a declaration at the Registration office,
It is paid based on the results obtained by before they commence their operations,
deducting from the total amounts stated in stating the nature of such operations and
favour of the insurer and their miscaleneous the name of the director of the company or
amount received received during the of the legal representative.
previous quarter, the total amounts stated
in favour of the insurer and their expenses VIII. Penalties
reimbursed during the same quarter.
ART 340. - Any delay in the payment of the
tax, any inaccuracy, omission or
ART 336. - For agreements made with insufficiency and any other breach leading
foreign insurers, the accredited legal to a loss or damages to the Treasury gives
representative, according to the the rise to the payment of an additional tax
provisions of the law of 27 June 1963 is equal to the tax or remainder of the tax
personally liable for the payment of the tax payable but it shall not be less than 200 UM.
and any penalties, relating to the control of
the State over insurance organisations and Nevertheless, when it falls to an an insurer
operations. who has subsribe to a declaration pursuant
to article 339, a simple delay in payment
gives rise to the charge of interest on
ART 337. - For agreements made with overdue payments on the amounts payable at
foreign insurers not having a legal branch in the rate of 1% per month, any portion of a
Mauritania, with no risk of penalties month being counted as a full month.
according to the provisions in regards to the
law of June 27th, 1963 related to the Breaches of article 339 are punished by fine
control of the State over insurance of 2000 UM.
organisations and operations, the tax is paid
out to registration office by the insurered
party in the month of deadline for the
stated amount in favour of the insurer, by
the mean of a declaration including the date,
the nature, the lenghnt of the agreement,
81 Revised 2007
CHAPTER II
STAMP DUTY
ART 341. Stamp duty is paid by the The payment shall be accompanied by a
affixing of fiscal stamps on the writings or statement showing the number of notes
documents subjected to taxation. issued with respect to the quarter under
consideration, as well as the amount of duty
due. Any delay in the payment of the tax,
ART 342. - The stamps are immediately any inaccuracy, omission or insufficiency,
cancelled by the affixing in ink, across the any other breach leading to loss or damages
stamp, of the signature of the taxpayers or to the Treasury, gives rise to the payment
of any one of them and of the date of the of a tax equal to the tax or the remainder
cancellation. of the tax payable.
ART 343. - Writings or documents to which II. Parties liable to the Duties
the stamp was affixed or cancelled after
use or not within the prescribed conditions, ART 347. – Without lack of compliance with
or upon which an already used stamp was the special provisions of this code, the
affixed, are considered to be unstamped. following are jointly liable for the payment
of stamp duty and fines:
ART 344. - The Finance Minister may 1. All signing parties, for bilateral contracts
authorise the taxpayers, either to pay the 2. Lenders and borrowers, for loan in any
duty on statements or estimates, or to king.
replace the pictures (figurines) with marks 3. Ministerial officers who have received or
printed by special machines which have been prepared unstamped acts
submitted to his prior approval.
82 Revised 2007
ART 348. - The stamping of any acts IV. Penalties
between the State and private individuals to
the expenses of this last one. ART 353. - Unless otherwise stated, any
breach of the provisions of this code
III. Various Prescriptions and Prohibitions related to stamp duty as well as to the
texts related to its application, is punishable
ART 349. - No individuals are allowed the by fine of 200 UM, when it has not lead to
selling of fiscal stamps unless authorised by the failure to pay the duty within the
the Administration. taxation deadline.
Nevertheless, the officers of the Treasury, In the opposite case, the breach is
special agents, postmasters or managers of punishable by fine equal to the amount of
post offices and customs agents are aloowed the duty payable, and shall not be less than
to sell fiscal stamps. 200 UM.
ART 350. - Notaries, bailiffs, clerks of ART 354. - Those who have knowingly used,
court, lawyers for the defence and experts sold or attempted to sell fiscal stamps
are prohibited from acting upon, and public which have already been used are
administrations from giving, an order in prosecuted before the criminal jurisdiction,
relation to an act or register to which the and punishable by a sentence of ten days to
prescribed stamp has not been affixed. three months imprisonment or a fine of 2
000 to 50 000 UM or both fines.
Further more, no judge or public officer
may assess and initial a register subjected Article 463 of the penal Code may be
to stamping if the pages of the register are applied.
not stamped.
The provisions of this article apply in all
cases where a tax, duty or any other charge
ART 351. - Where a title, book, slip or any is payable by means of the affixing of fiscal
other act subjected to stamping and which stamps.
is unregistered, is mentioned in a public,
judicial or extrajudicial act and does not Section II
have to be presented again upon its the
registration, the public or ministerial SIZE STAMPING
officer is under an obligation to expressly
state in the act whether the prescribed I. Deeds Subject to Size Stamping
stamp has been affixed to the title and to
state the amount of stamp duty paid. ART 355. - Are subjected to stamping
minutes, originals, copies, photocopies,
In case of an omission, the notaries, defense certificates and duplicates of the following
lawyers, court clerks, bailiffs and other acts and writings :
public officers are punishable by fine of 200
UM for each breach. 1. The acts, indexed notebooks and registers
of notaries, clerks of court, bailiffs and of
all public and ministerial officers.
ART 352. - Registration officials are also
prohibited from registering any act without 2. Submited acts as minutes of a notary or
the prescribed affixed stamp. annexed to a notarised act.
83 Revised 2007
3. Judicial act, in civil, commercial or 10. Certified copies provided by the
administrative matters, issued by administrative authorities.
jurisdictions of modern law, including acts 11. Requests for the waiver of bonds,
of registry and acts of arbiters and experts requests for permits to occupy, requests
called before the courts or appointed by the for building permits, requests to the
parties pursuant to a judicial decision. Administration for renewal or extension of
passports.
4. Any other acts and writings which must 12. Certificates of residency and nationality.
be registered pursuant to the articles of
this code, or which, being exempt from 13. Occupancy authorisations, building
registration, are voluntarily presented for authorisations, authorisations for the
the process of registration. importation of weapons, authorisations to
carry weapons, but only in relation to the
5. Acts concerning paiment or original or the copy provided.
reimbursement of personal property 14. Certificates delivered by the financial
15. Requests made to the financial
6. Powers of attorney documents. administrations in order to obtain
certificates.
7. Petitions, requests and statements of law 16. Complaints submitted in order to obtain
presented to judicial courts or to their a rebate on a contentious or gratuitous
members, in civil, commercial or basis.
administrative matters.
II. Rates
8. Transport documents or tickets for seats
delivered by airlines or sea transport ART 356. - The rate of stamp duty on
companies. paper that taxpayers are madated to stamp
9. Documents submitted to the before they use it is set as follows
administrative authorities for the according to the size of the paper:
certification of signatures.
However, the present rates are reduced by UM. They are paid as is, according to the
half when only one side is used for the provisions of article 344.
drafting of a of a writing of less than one
page in length, only if the other side be ART 357. - – If the paper that the
cancelled in an indelible manner by inserting taxpayers are mandated to stamp is of a
the following words in the centre of the different size from those sizes set out in
page: article 356, the stamp, with respect to the
duty payable in relation to the size, is paid
"Cancelled side" according to the rate which applies to the
"article 356 from the General Code of next format up.
Taxation"
84 Revised 2007
Section III made out for , or incur the fine provided for
in article 353.
CHECKS AND WIRING ORDERS
ART 358. - The cheque can only be drawn ART 361. - The legislative provisions
on a banker, the central accounting agent of relating to cheques drawn in Mauritania
the Treasury and the principal collector in apply to cheques drawn outside Mauritania
charge of the accounts for the money and payable or circulating within the
orders. country.
This fine is due, in addition, by anyone who 3. The stamp duty on bills of lading created
pays or receives in compensation a cheque in Mauritania is discharged by the affixing
which does not indicate the place of issue or of fiscal stamps.
is undated.
CRIMINAL RECORDS STAMPS ART 366. - The taxes for which the rates
are fixed in the following articles are paid
ART 365. - Bulletin no# 3 of the criminal by affixing of fiscal stamps on the forms,
records delivered to the concerned titles or documents provided by the
indivuduals is subjected to stamp duty in the Administrative authorities.
amount of 100 UM. The stamps are affixed under the
responsibility of the administrative
Such duty is collected by the court clerks at authority in charge of the delivery and are
the time of the submission to the said immediately cancelled in the conditions set
bulletins to the individuals who requested out in article 342.
them.
II. Passports - Visas - Identity cards
The taxation is carried out by clearly for non-résidents Aliens - Resident Card
stating in the top left corner of the bulletin
a comment containing the following words: A. Passports
"Stamp duty of 100 UM paid to the
Treasury's account", and setting out the ART 367. - The tax on the delivery,
number under which such bulletin was extension or renewal of passports is set at
recorded in the special index set up by 20 000 UM, including all paper and shipping
article 323 of this code. expenses.
The court clerk establishes as the 15th of Are exempt from the taxation passports
each month an draft of the special index delivered to governement employees going
provided for by the above mentioned article on a mission abroad.
323.
B. Entry and Residence Visas
The draft mentionned :
ART 368. - . The amount of taxes to be
1. The number of bulletins delivered during collected at the time visa issuing as titles
the concerned period. for travelling as provided for by the
regulations applicable to immigration is set
2. The numbers under which such extracts according to the following rates:
are recorded in the special index;
87 Revised 2007
- Category A, B or F licence: 6.000 UM.
- Category C licence: : 10.000 UM.
- Category D and E licence: : 12.000 UM.
V. Hunting License
88 Revised 2007
CHAPTER III.
Are also registered free of charge and, ART 380. – Are registered free of charge
exempt from stamping acts related to the All acts and transfer concerning
technical and financial aid given by the associations whose original capital or, failing
regions to the traditional communities within that, whose annual income is made of at
the context of regional programs for rural least 80% of public funding.
expansion.
Such acts and transfers shall contain, in
3. Legal Assistance addition a reference expressing the present
provisions, the information necessary to
ART 379. - 1. Are exempt from stamping enable the Services to ensure that the
and registered free of charge when conditions of exemption are satisfied.
registration process is involved, procedural
acts prepared upon the request of the party 5. Defense Attorney
receiving assistance, as well as decision and
court orders where stamping and ART 381. – Are exempt from the stamping
registration taxes are at the expense of the process, acts relating to procedures
party receiving assistance. between defense lawyers, before any
jurisdiction, as well as any notification
Act, Decision and court orders shall include summons relating to such acts.
a note indicating the date of the decision
which grants judicial assistance.
89 Revised 2007
ART 387. - Are exempt from stamping and
6. Mauritanian Central Bank registered free of charge, when stamping
registration process is necessary, any acts
ART 382. – Are exempt from stamping and of lawsuit or other acts whether in lawsuit
registered free of charge any acts, or defense, with the purpose of the
documents, pieces of writing and transfers recovery of public contributions and any
concerning the Central Bank of Mauritania, other amounts due to the State or the
the taxes on which would be borne by the territorial communities.
Central Bank of Mauritania pursuant to the
legal rules relating to the payment of taxes. 12. Gifts between Spouses and Close
Relatives
7. National Development Fund
ART 388. - The gifts referred to in article
ART 383. - Are exempt from stamping and 294 are registered free of charge when the
registered free of charge any acts, offerer is the spouse, ascendant or
documents, pieces of writing and transfers descendant of the donor.
concerning the national Development Fund,
the taxes on which would be borne by this The benefit of this provision is subject to
late one pursuant to the legal rules relating the presentation of an certificate of the
to the payment of taxes. civil status registry records showing the
marriage or filiation.
8. Central Economic Cooperation Fund
13. Bills of Exchanges
ART 384. - Are exempt from stamping and
registered free of charge any acts, ART 389. – Are exempt from stamping Bills
documents, pieces of writing and transfers of exchange, promissory notes or bills
concerning the Central Bank of Economic payable to the bearer, and all negotiable
Cooperation, the taxes on which would be acts or business actc.
borne by this last one pursuant to the legal
rules relating to the payment of taxes. 14. Public Registrar
10. Social Security Fund ART 391. - are exempt from registration
and stamping all acts related to the
ART 386. - Are exempt from stamping procedures produced upon the request of
documents of any nature required to obtain the public ministry and having the following
family assistance, assistance in the event of purposes :
work accidents and work related diseases,
assistance to the disabled, elderly or in the
event of a death, and all other social
security assistance given by the National
Social Security Fund.
11. Contributions and Taxes
90 Revised 2007
1. to correct omissions and carry out 19. Real Property and Mortgages
certificates on the registration of civil
status. ART 396. - The following are exempt from
2. to replace lost or destroyed registration stamping:
of civil status and to supplement
registration that have not been kept. 1. Documents produced by applicants to
Court decision made on such procedures are obtain the registration of buildings.
registered free of charge and are exempt 2. Copies of acts intended to be submitted
from stamping. to the office of registration of mortgages
and real estate property for the publication
15. Expropriation for Public Purposes of rights in Rem.
3. The records, certificates, statements and
ART 392. - Are exempt from stamping and copies produced by the registry in regards
registered free of charge notifications, to the decree of July 26th, 1932 on the
contracts, decision court and other acts reorganisation of the real property regime.
made pursuant to the provisions relating to
government foreclosing for public purposes. The documents referred to in no. 1 and 2
specificaly state that they are intended to
16. Business Pledge be submitted at the office of registration
of mortgages and real property to obtain
ART 393. - Are exempt from stamping the the completion of a process needed to be
register of records kept by the court clerk specified.
in pursuance of the law related to the sale They cannot be used for any other purpose,
or liquidation of securities over businesses, or will be issued a fine of 200 UM, in
registration slips, acknowledgments of addition to the payment of the taxes,
deposits, records, certificates, certificates against those who make such use of them.
and copies produced pursuant to the said
law, as well as documents produced to 20. Trade Registry
complete a process and which remain
submitted to the court clerk, and any copies ART 397. - The following are exempt from
delivered, under the condition that such stamping:
documents expressly state their
destination. 1. Copies of registration from the registry
of commerce delivered in pursuance of the
17. Civil and Military Allowances law.
2. Copies of documents lodged with the
ART 394. – Are exempt from stamping and clerk of the Tribunal of first instance,
registered free of charge if stamping acting as a trade tribunal, by foreign
process is needed Acts produced towards commercial companies.
and in pursuance of the provisions relating
to civil and military pensions and disability, 21. Directories
old age or widow pensions.
ART 398. - Are produced on unstamped
18. Family Allowances paper the logbooks that bailiffs and court
clerks keep in pursuance of the provisions
ART 395. – Are exempt from stamping and relating to registration and in which they
registered free of charge if stamping record all acts, notices, judgements and
process is needed, act produced towards court orders which are exempt from the
and in pursuance of the provisions relating process of stamping and registration, as well
to family assistance. as bulletins no. 3 of the criminal records
produced by them.
91 Revised 2007
25. Workers Unions
22. Business Cooperatives
ART 402. - Are exempt from registration
ART 399. - Are exempt from all taxes and stamping duty all acts and
registration and stamping taxes all acts and transfer concluded by professional unions
transfer concerning companies and created according to the labour code, and of
organisations of a co-operative character which all the taxes would be at the expenses
constituted and functioning according to the of the said professional unions
provisions of the law no. 67-171 of July
18th, 1967, of which related taxes would be 26. Labor
at the expense of the said companies or
organisations. ART 403. - All documents provided to
verify employment are exempt from
Such acts and transfer shall contain, in stamping.
addition to an express reference to the
present provisions, the date of the decision
approving the co-operative company. ART 404. – Are exempt from stamping all
The exemption granted by this article procedural acts, court decision and any
applies to the acts of constitution of co- other acts necessary to their enforcement
operative companies and their associations. towards the procedures before Labor court.
The same exemption applies to actions on
23. Companies Where the Investment is appeal or to the supreme court.
Partly Made of Public Funds
92 Revised 2007
CHAPTER IV
93 Revised 2007
ART 410. -In the case where the ART 416. – It is due to the Registrar of
regulations mandates the compulsory real property a salary :
delivery of a property title upon the expiry
of the appraisal, the payment and recovery A. Proportional Salaries
of the registration taxes and real estate
publication taxes payable at the time of 1. For the completion of the process of
creation of the acts of transfer shall be registration, on the market value of the
noted and pursued according to the registered building: 0.50%.
conditions applicable to acts transferring
the ownership of immovables 2. For the registration registration as real
property of an act constituting or
transferring of intangible property: 0.20%
ART 411. - Any formalities other than except for the registration of foreclosures
those specificaly referred to in article 409 or of the general body of the creditors or
do not give rise to any tax. of a subrogation of mortgage, for which
process is only due a 0.10%.
Section II
In case the registration relates to several
REMUNERATIONS OF CURATORS AND property titles, regardless of the number of
CLERKS such titles, the tax for the benefit of the
budget can only be collected once on the
ART 412. - The tax base, the rates and total amounts to be subscribed.
rules of payment of the salaries of
Registrars and wages of clerks of court, due 3. For the registration as real property of
by the parties requesting the completion of an act cancelling a intangible property:
the process provided for by the decree of 0.10%.
July 26th, 1932, reorganising the real
property regime, are established in 4. For the renewal of an registration made
accordance with the following methods: on the property title at the time of
registration, on the amount of the
I. Salaries of Curators registration: 0,20 %.
ART 413. - The salaries established for the 5. For the creation of a new property title
benefit of the Registrars represent the following the joining or division of preceding
allowance due for the responsibility taken on titles, on the value of the transferred
by for the of execution of the process. parcels only: 0,20 %, such tax merging with
the tax owed for the recording of the
transfer.
ART 414. - The proportional salaries owed
to the Registrars are paid on the same basis For the processes mentionned on the above
as the proportional taxes collected for the section, the mimimum tax collextion is fixed
benefit of the State's budget. at 100 UM.
B. Fixed Salaries
ART 415. - In the event of insufficiency
duly noticed, according to the procedure set 1. For the registration as real property of
out in article 553, of the amounts stated in an acts modifying a intangible property, or
an act or of the estimated values, a salary of the order authorising a temporary or pre-
supplement is payable in all cases where any notation, or of an opposition in the event of
additional tax is payable. a deferred registration: 100 UM.
94 Revised 2007
2. For the registration or the cancellation of ART 417. - Any formalities other than
an order for seizure or an unavailability those referred to in the preceding article
clause : 100 UM. do not lead to any salary.
95 Revised 2007
total amount for the year, is at the II. Additional Provisions
expenses of the interested parties in
proportion to the salaries received by each ART 423. - If a request for registration
of them during the course of the year under remains unsatidfied, whatever the reason
considered. for the holding of the process, the following
is deducted from the amounts paid:
II. Clerk Wages 1. In all cases, the amount of fees due to
the court clerk.
ART 421. - The amount of 200 UM is 2. In the case where the marking out (land)
payable to the clerks of Tribunals of first has already occurred, half of the
instance for the posting in the courtroom of proportional tax payable to the budget.
the certificates of requests and for the
preparation of certificates. Any difference is refunded to the claimant
who demanded it.
Any other fees payable in the event of
lawsuit between plaintiffs and defendants
are dealt with according to the common law ART 424. - The payment of taxes and
rules. salaries claimed by the Registrar may never
be deferred, for any reason whatsoever,
Section III except by parties paying an appeal in
restitution before the Director of Property
COMMON PROVISIONS (Directeur des Domaines)
I. Exemptions
ART 425. - The total amount collected at
ART 422. Are exempt from all taxes, fees the time of the process requested at the
and salaries procedures undertaken in order office of Registration of property and
to obtain the registration of buildings property rights must be indicated clearly in
belonging to the State as well as any figures, as follows:
transfers and any other registration
whatsoever related to such buildings. 1. For the registration procedure, at the
bottom of the first page of the cover
The State and the territorial communities protecting the copy of the property title
are granted the same exemption for given to the applicant;
transfers and all other registration s
relating to buildings they would have 2. For subsequent clause, at the bottom of
purchased from individuals. the duplicate of the analytical slip of the
act mentioned which must remain appended
The State and the territorial communities to the same copy.
are granted the same exemption for
transfers and all other registrations
relating to buildings they would have ART 426. - The parties have, in addition,
purchased from individuals. the right to request in any case, from the
Registrar, details of the taxes, salaries and
However, auctioneers, dealers and any party various fees making up the global amount
acquiring buildings from the above reported as described in the previous
mentioned communities become liable for article.
registration expenses when such formality
was required prior to the grant of such
buildings.
96 Revised 2007
PART II
SINGLE TITLE
CHAPTER I
a) - to the cost price of the building, all The obvious owner are mandated to inform
taxes included, if no transfer for valuable before February 28th of each year, the tax
consideration has occurred since its authorities, the completion of new buildings,
completion. the home improvement made to the existing
buildings or to their use.
b) -to the price expressed in the most Failure to provide a declaration whithin the
recent act of transfer if the building was deadlines leads to a fine from 5000 to 20
subject to transfers since its completion. 000 UM towards the payable taxes.
98 Revised 2007
For the communities where are located the
tax services, an amandement from the
ministry of finance can empower mayor upon
request to proceed with the enventory of all
taxable bases, the calculation of taxes, and
the creation of functions.
Section VI
Section VII
PROPERTY TRANSFERS
99 Revised 2007
CHAPTER II
ART 436. - 1. Communities can establish Taxpayers who have not paid their taxes in
through deliberation of the Town Council, accordance with the above conditions shall
along with the adoption of the initial budget, be named in a special recovery statement
a land tax on agricultural lands assigned to made enforceable by the Mayor. The taxes
market gardening, cereal, fruit or flower and a penalty of are immediately payable.
cultivation. They are recovered in accordance with the
procedures, and with the guarantees,
2. Such land tax is due by the farmer of the sureties and privileges, provided for by this
taxable agricultural land. code.
3. The annual amount of such tax is decided The regulation of the payments and
each year by deliberation of the Town execution of special recovery statements
Council. It cannot exceed 100 UM per gives rise to the production of a title to the
hectare of exploited land. payments imputed to the Parties, Chapters
and Articles listed in the communities
4. The tax on agricultural lands is budget index according to the nature of the
established by annual census. In product.
communities where the Tax Department is
not represented, the General Director of
Taxation may delegate to the secretary-
general of the said community the power to
carry out the census and establish the land
tax.
RESIDENCE TAX
ART 438. - 1. The rates are owed by any For assesment purpose, municipal councils
individual who has, on any account can for each county, neighbourhood, lot of
whatsoever, the availability or right of use their community with different features,
of taxable premises, even if the person does fixe different tax rate corresponding to
not in fact occupy them. them.
ART 440. - ART 440. – Individuals or ART 443. - The residence taxes shall be
legal entities are liable for the residence paid immediately at the time of the census
tax in the community where the premises (inventory) operation.
they have at their disposal or for their use
are located. For that purpose, the agent in charge of
collection, who go along with the agent in
Section V charge of the census, delivers a ticket
representing the amount of rate payable, or
TAX Establishment establishes an invoice requiring immediate
payment, which leads to the delivery of a
ART 441- The residence taxes rates are receipt taken from a counterfoil book.
established by way of annual census during Taxpayers who have not paid their taxes
which the premises are classified in one of according to the above conditions shall be
the five categories of the scale according to noted in a special recovery project made
their features. enforceable by the Mayor. The rates and a
penalty of 50% are immediately payable.
In the communities where the Tax They are recovered according to the
Department is not represented, the General procedures, and with the waranties, sureties
Director of the Tax Department may and privileges, provided for by this code.
delegate to the general secretaries of the
corresponding community, the power to The regulation of the collection and
carry out the census and establish the execution of special recovery projects leads
residence rates. to the production of a title to the payments
deducted from the Parties, Chapters and
In the communities where the Tax Articles listed in the section budget index
Department is represented, an amendement according to the nature of the product.
from the ministry of Finance can delegate
to the mayor upon request, the excecution
of an inventory or census and assesment of
the residency tax.
Section VI
PAYABILITY
LOCAL TAX
ART 444. - The communities have the power to establish by way of deliberation of the Town
Council, along with the adoption of the initial
budget, community rates.
LICENSE
ART 447. - are exempt from the business ART 449. - The fixed tax depends on the
license: total turnover realised during the preceding
year in the area of the community taken into
- individuals, except carriers, who satisfy account :
the conditions set out in articles 7 and 29
defining the field of application of the The fixed tax is paid based on the following
estimated tax regime, provided that they scale below:
have not opted for the regime of simplified
real profit on industrial and commercial
profits ;
For the application of the above scale, Order 2000 – of January 10th, 2000
turnover coming from retail sales of pertaining to law of finances for 2000)
petroleum products is only counted up to
25% of its amount. ART 451. - The provisions of this article
are repealed
Order 2000 – of January 10th, 2000
ART 450. - - The provisions of this article pertaining to law of finances for 2000)
are repealed
II/ Vehicles exclusively providing transportation within the followings cities; NOUAKCHOTT
and NOUADHIBOU
The payment of the license tax is made at agents and any agents empowered to give
the same time as the payment of the tax on fines in the matter of road traffick.
motor vehicles, by an immediate payment The increase provided for by article 166
title provided by the Tax Department. applies to the taxes on business license due
by transporters.
It is the carriers' responsibility to ensure
that the Treasury's accountant provides
them with a payment receipt per vehicle
along with the vehicle registration number,
the number of seats or the loading capacity.
Section VIII
LICENSE DUTY
Section I
GENERAL PROVISIONS
Section II
RATES
Section I
FIELD OF APPLICATION
Section II
RATE
The taxes are established by the ART 469. - The ticket, or receipt, provided
communities using monthly census, during by the officer in charge of the collection
which the taxpayers are categorised into represents a proof of payment of the
one of the five categories of the scale monthly tax.
according to the caracteristics laid out in
article 464. The tickets, or receipts, shown upon the
request of any agent of the Treasury,
Section V agents and officers and agents of the
Criminal Investigation Department, and a
TAX PAYMENT failure to do so leads to the seizure, at
their expense, of their equipment and goods.
ART 468. – Communities taxes must be paid
immediately at the time of the monthly
census (inventory) operations.
TAX ON LIVESTOCK
COMMON PROVISIONS
CHAPTER I
Section I Section II
ART 478. – The late paiment or submision is ART 479. - Without any inconsistancy to
punishable by a fine : the particular provisions of this code,
anyone who has fraudulently escape or has
- of 10% when it is less than two months . attempted to fraudulently skip the
- de 25% when it is more than two months. calculation of the total or partial payment of
- -The late paiment or submision of a taxes, either by voluntarily omitting to
declaration, with or without deductions, provide a declaration within the deadline
is punishable of a fine of 20.000 ouguiyas period, or by organising his insolvency or
per month. creating an obstacle by other devices to the
- IIn the event of discount on the taxable recovery of tax, or by acting in any other
base or on the taxes due, the amount is fraudulent manner, is punishable,
increased by : independently from the tax penalties which
may apply, by a fine of 50 000 UM to 300
* 10% if the amount of the said taxes do not 000 UM or imprisonment of six months to
exceed half of the taxes actualy due. two years, or both.
* 25% if the amount of the said taxes do
not exceed half of the taxes actualy due If the facts happened were facilitated by
and in case of an automatic taxation due to means of either purchases or sales without
the lack of declaration with a minimum of invoices, or invoices which do not relate to
100 000 ouguiyas. actual operations, the author of such
invoices is punishable by fine of 50 000 UM
In case of fraudulant act or non paiment of to 1 000 000 UM or imprisonment of six
taxes and deposits on IMF, IRF and tax months to three years, or both. The
contribution, the amount due is increased by provisions of article 463 of the penal Code
40%. apply.
Any business agent, expert or any other This article however only applies, in the case
individuals, association, group or company of concealment, if it exceeds one tenth of
who as an activity keep and manage the taxable amounts or 100 000 UM.
accounting records of clients, who has In case of a re-offence within a period of
assisted with the creation or use of five years, the taxpayer is punished by fine
documents or information recognised as of 150 000 to 3 000 000 UM and
inconsistent, is, without any harm to the imprisonment of one to five years.
penalties applicable pursuant to article 481,
punishable by a tax fine set at 10 000 UM Legal lawsuit proceedures are initiated by a
for each breach. complain from the Finance Minister. Such
The offender and his client are jointly liable complain can be submitted until the end of
for the payment of the fine. the third year following the year during
This article is repealed and replace by the which the breach was committed.
articles nos 51, 61, 69 TER, 71, 83, 113, 166,
176, 184 quaterdeciès, 216, 217, 218, 219,
458.
115 Revised 2007
ART 480. - Articles 59 and 60 of the Penal
Code apply to the accomplices of the
authors of the offences referred to in the
previous article.
TAX COLLECTION
Fiscal discharges (quitus fiscaux) are The rebate, discount or reductions granted
provided by the Services in charge of the to the taxpayer through the voluntary or
recovery. contentious jurisdictions leads to the total
or proportional cancellation of the above
increase.
ART 490. - The General Treasurer and the The result from the increase may be
accountants of the Treasury are responsible assigned in part to distribution of the bonus
for the recovery of the turns (in french to the employees and to the personnel of
rolls) asigned to them. the collection Services and to the creation
of a special fund for the promotion of
They must justify the total recovery of the recoveries according to the conditions which
payments referred to on the turns (in shall be fixed by decree.
french rolls) and the AMR, except where
the provisions of articles 572 and 573 apply. III. Tax Payment
ART 492. - The duties and taxes collected ART 495. - The turn (in french roll) duly
on nontransferable turns (in french rolls) put into recovery is enforceable not only for
that have not been paid within two months the taxpayer who is listed on it, but also
following the date they have been put into against his representatives or assignees.
recovery are automatically increased by
10%.
118 Revised 2007
ART 496. - When an employee stop his For each owner, the payment is made along
activity for any reason whatsoever, the with a declaration on a standard printed
employer must notify such fact to the tax form including the tenants references, the
collector of the Treasury and the tax first name, last name, address and the
Inspector assigned to the area of his number in the National Directory of
business, at least five days before the end Taxpayers of the owner, the building
of activity information (number of block and lot
number) as well as the month for which the
withholding applies to.
ART 497. - In the case of a business
transfer, transfer of a building, of a charge, The paiment receipt provided by the
of an office, of a company or of the right to Treasury is submitted by the tenant to the
practise a non-commercial profession, the owner to allow him to prove the payment of
transferee is liable, jointly with the the taxes for which he is accountable for.
transferor, for the payment of any duties,
taxes and payments owed as at the date of Are noted and paid by way of turns (in
the transfer, for as long as the provisions of french rolls) and AMR, the payable taxes in
article 44, paragraph 2, and the registration the following cases :
process laid out in articles 267 and 304, are
not satisfied. - -signed declarations;
- failures to make a declaration;
However, the individual originating the - declarations subjected to automatic
transfer is only liable up to the price of the adjustments.
transfer if the transfer is made for
valuable consideration, or the value whitheld
for the payment of the tax on transfers ART 500. The rents not subjected to the
inter vivos if it is made on free bases. 14% withholding and the fees not allowing
the paiment of the 4% lose in that case
ART 498. - The owner of a business is their status of deductible charges for the
jointly liable with the operator for the calculation of the taxable base on the
payment of taxes owed for the operation of industrial and comercial profits and the tax
such business. on non-commercial profits
V. Particular Provisions
ART 501. - 1. Taxpayers who are included in
ART 499. - Legal entities, public or private the turns (in french rolls) of the general
organisations of the Mauritanian or foreign income tax of the previous year must
law, regardless of the fiscal regime they are proceed with the payment on March 31st
subjected to, any individual subject to the and June 30st of the provisional
tax on industrial and commercial profits and instalments.
the tax on non-commercial profits, must
collect the land tax on built properties and The amount of each of the two instalments
the taxes on income from property owed by is equal to one third of the main amount of
the owners of the premises that they taxes for which the taxpayer is liable for in
occupy. The amount to be withheld is fixed the turns (in french rolls) related to the
at 14% of the rent. last year he was taxed.
ART 511. Bis – As an exception to the ART 513. - Registration agents shall not,
provisions of articles 290 and 509, are for any reason whatsoever, including in the
exempt from registration duties for a cases provided for by articles 474 and 553,
period of five years, from January 1st 1993, postpone the registration of acts and
summary order, court orders and transfers for which the taxes have been
amendements on civil commercial or paid at the rates set by this code.
administrative matters, issued by the Similarly, they are forbidden from
competent jurisdictions in regards to the suspending or stopping the course of the
recovery of bank debts. procedures by keeping any acts or notices.
ART 519. - For the recovery of taxes of amount of funds they must pay, or the
any nature and fiscal fines provided for by amounts they have withheld, all or part of
this code, the Treasury has a general the tax payments owed by the taxpayers.
priviledge. The notice of party holding property, is
requested by means of postal services using
The Treasury's priviledge is applied first on a receipt notice.
over movables and movable property Its enforcement is mandated despite any
belonging to the taxpayer wherever they opposition which may be notified by other
may be. creditors.
PROCEDURES
3. For the foreclosure or closure of shops, ART 540. - If at the time when the lawsuit
boutiques or warehouses, the lawsuit agent agent comes forward to effect the
is assisted at his request by the authorities foreclosure or closure of the shops,
having police powers. The trader is boutiques and warehouses, the taxpayer
designate as legal guardien. A minutes is discharges himself, the foreclosure or
prepared. closure of the shops, boutiques and
warehouses is suspended and a temporary or
final receipt is provided to him.
ART 536. - In the event of an obvious
insolvency, a statement of insolvency is
prepared on loose paper and is enclosed with ART 541. - The foreclosure or closure of
the statement of irrecoverable shops, boutiques or warehouses is executed
assessments. regardless of a dispute.
127 Revised 2007
ART 542. - The dispute generated by the III. Prosecution Fees - Accountability
foreclosure and by its creditors are validly
made to the accountant foreclosing or the ART 546. - 1. The rates for lawsuit costs
lawsuit agent. are fixed as follows
- Summons 3%
ART 543. - The requests for recovery of - Foreclosure
seized objects, or objects stored in the 5%
closed shops, boutiques or warehouses, are - Checking of foreclosure 3%
made to the legal guardian and declared to - Notification of sale
the forclosing and to the foreclosed. They 2%
must be followed by a submission of a - Posters 1%
statement of case with all supporting - Checking before sale 1%
documents, with the General Treasurer or - Report of sale 1%
General Director of Tax Department,
depending on the proceedings they each may In the case of a foreclosure interrupted by
authorise. an immediate payment, the rate of
foreclosure seizure costs is reduced to 1%.
Failing to come to a decision at the end of The same applies in the case where the
the deadline of one month, as in the case taxpayer discharges [his liability] within the
where he is not satisfied by the decision, period of one working day from the
the claiming party may submit an appeal with foreclosure.
the Tribunal of first instance.
These costs include a minimum of 40 UM for
While waiting for the decision to be handed the summons and 200 UM for the other
down, all protective measures are taken by lawsuit acts.
the lawsuit agent.
1. The rebate rate to be paid to the
lawsuit agent is fixed by a court order.
ART 544. - When the lawsuit agent cannot
carry out his mission because the doors are
ART 547. - Each act of lawsuit privided by
closed, or their opening is refused, he
the lawsuit agents shall, in order to avoid
appoints a guard at the door and
cancellation, state the amount for which it
immediately advises to the judicial authority
was taxed.
who authorises the opening of the premises.
ART 550. - The amounts due by taxpayers, ART 554. - The transfer of immovable
for collected taxes on turns(in french rolls) property, businesses or goodwill is
or forclosure are assigned on their behalf completely established, for the purposes of
after a period of four years from the registration duties and lawsuit for payment
beginning of the recovery for the turns (in against the new owner, either by the
french rolls) or for the foreclosure recording of his identity on the acts of
pertaining to the property title or from the taxes due and payments made by him
last notification of a party holding property pursuant to the act, or pursuant to leases or
claimed by a third party, or of an act of any other acts signed by him and leading to
lawsuit. a presumption, on its own authority, to a
property right or a right of usufruct.
Section II
ART 553. - When the price or evaluation The lawsuit are subject to the rules set out
used as the base for the collection of the in articles 531 to 549.
proportional tax seems less than the true
market value of the transferred property,
the Administration has the ability, in the
absence of an joint agreement and
concurrently with the procedures laid out in
article 474, to request a specialist appraisal
LITIGATION COURT
- For the taxes issued by the territorial ART 562. - The Finance Minister, or his
communities, the request as to be referred subordinate, rules on the claims within a
to the mayor. The public or ministerial period of six years (c’est 6 mois ou 6 ans)
officers referred to in article 515, following the date of their submission.
paragraphs 1 to 3, are empowered to The taxpayer is notified of the decision and
introduce, without authority order, a claim the notification contains, in the case of
related to any taxes, duties or taxes that total or partial rejection of the claim, a
they are under an obligation to pay pursuant summary of the grounds.
to such article. The mayors referred in article 559
paragraph 2, make also decisions on
contentious claims in the a period of six
ART 560. - The claim period is twelve months.
months from :
Section IV
PAYMENT PLAN
IRRECOVERABLE QUOTAS
Section V
RULES OF QUALIFICATION
BUSINESS CONFIDENTIALITY
ART 589. - shall comply with professional ART 592. - When a Regular claim is made
confidentiality in the terms and conditions by the Administration against a taxpayer
set out in article 370 of the Penal Code and and legal information has been revealed,
subject to sentences included in the said Administration agents are untie from to the
code, any individual required, on account of professional confidentielity before a judge
his duties or ability, to intervene in the asking them on the facts being the subject
assesment, the collection or the dispute of of the claim.
taxes referred to in Book 1, 1st part, title 1
of this code.
ART 593. - Any jurisdiction holding an act
However, such provisions shall not stand in related to a monetary penalty may, if it so
the way of the exchange of information with deems, order both the parties and the
the financial administrations of the contries Fiscal Services to communicate any
that have concluded with Mauritania an documents of a fiscal matter in order to
agreement for mutual assistance in fiscal solve the dispute.
matters.
For the application of this article, the
Fiscal Services are not subject to
ART 590. - Taxpayers are only authorised professional confidentielity.
to obtain certificates of the tax and duties
rolls referred to in Book I regarding their
own taxation. ART 594. - The produced declarations and
the valuations provided by taxpayers for the
Section II assesment or the payment of any one of the
taxes and duties in this code are taxed to
REGISTRATION them, if they were created prior to the tax
point of the debt, for the calculation of the
ART 591. - The Registration officer may compensation or damages the taxpayers
only deliver certificates of his registers or claim against the State or the territorial
copies of acts submitted upon a judge order communities.
when the request is not made by the parties
to the contract or their assignees.
He is authorised to collect:
-20 UM, per year of research, but the
remuneration shall in no case exceed 400
UM.
- 20 UM, per roll of paper size 21 x 29, for
each certificate of registration or act
submitted, in addition to the size stamp; any
roll started is owed in full.
CHAPTER I
VALUE ADDED TAX- COMMON PROVISIONS
ART 181.Duodeciès. - When the final ART 182. - The deduction of the tax is
proportion related to each of the four years carried out by charge (or withheld) on the
following the acquisition or the first use of tax owed by the business for the month
property representing an asset varies by during which the right to a deduction arose.
more than five points against the final
156 Revised 2007
In the event of oversight, it shall be carried ART 182.Quater. - The reimbursement
out at the latest on April 15th of the extension of imports equipment within the
following year. framework of investment and activities
other than exports shall be fixed by decree
of the Finance Minister.
ART 182.Bis. - The right to a deduction
arises upon the import of goods, their
acquisition, their delivery to oneself, or upon ART 182.Quinquiès. - When a party is no
the completion of the services. longer liable to tax the tax credit he has for
Nevertheless, to be deductible, the tax tax deduction is witheld as a priority from
shall: the amounts which he is debtor on the
account of other duties and taxes.
1°/ if it is in regards to import, appear in Any excess deductible tax credit whose
the declaration of the release to the deduction was unable to be carried out may
consumption market or any other equivalent be reimbursed in full.
document provided by the customs'
services; Section VI
CODE LIBELLE