Though there is no specific requirement to prepare and submit the Master file and Local file to the tax authorities, the tax authorities during the course of a tax audit may request the company to submit the documentation justifying the transactions with affiliates companies, methods of determination of prices, etc. Enterprises in the natural resources sectors, specifically cocoa and coffee, are required to disclose the details of every sale and purchase of goods, including the transfer pricing and the identities of their suppliers. The disclosure is made quarterly.
The Finance Law 2017 expanded the disclosure obligation to all resident enterprises controlled by or controlling non-residents. From 2017, such enterprises must file a specific disclosure affidavit with their tax return. The disclosure affidavit must contain the following information:
- A general description of the legal and operational structure of the group of related enterprises, including the identification and geographic location of the associated enterprises engaged in related party transactions during the relevant fiscal year; and
- A general presentation of the transactions made with related parties during the relevant fiscal year, including the type and amount of the transactions and the identification and location of the related parties involved.
The disclosure affidavit must be filed on a prescribed “Form”. The non-filing of the disclosure affidavit, or the filing of an incomplete or incorrect disclosure, entails the non-deductibility of all payments made to related parties.
Further, effective 1 January 2022, taxpayers are required to submit a description of the transfer pricing methods used by the taxpayer for the valuation of international intra-group transactions in its statement of intra-group transactions.
The law does not specifically require the filing of transfer pricing documentation other than the disclosure affidavit introduced by the Finance Law 2017 (see above). Nevertheless, taxpayers may be required to justify their transfer prices if so requested by the tax administration. The documentation must be submitted within 2 months of a request, although a 1 month extension may be granted. If the taxpayer does not provide sufficient information the tax authorities may remind the taxpayer and accept filing within 15 days, otherwise, the authorities will make their own determination of taxable income based on available information.
There are no specific rules in regard to what documentation must be kept, how long it must be kept, or when it must be prepared (aside from when requested). However, the Finance Law 2019 harmonized the period for which bookkeeping and documents relevant to the determination of tax liability must be kept at 10 years, and it is presumed that this also applies to transfer pricing documentation. In general, documentation should be prepared before filing a return and should include the information generally required when a request is made by the tax authorities. The documentation typically requested includes:
- The nature of the relationship between the resident and the non-resident counterparty;
- The methods and comparables used in determining the transfer price;
- Details of the non-resident's activities in regard to the resident company and the transaction(s) in question; and
- The foreign fiscal treatment of the activities performed by the non-resident enterprises related to the resident.
While not required under transfer pricing regulations, the documentation should likely be in French as that is the requirement for general books and records.
Ivory Coast has introduced Country-by-Country (CbC) reporting requirements effective for fiscal years beginning on or after 1 January 2018. The requirements are broadly in line with the OECD guidelines.
The CbC report is required to be filed by the ultimate parent entity resident in the Ivory Coast having a consolidated group turnover of EUR 750 million (~XOF 491.97 billion) or more for fiscal years beginning on or after 1 January 2018.
The CbC report is due within 12 months following the close of the reporting fiscal year in both paper and electronic format, or in any other format that may be prescribed by the tax administration.
The transfer pricing documentation is required to be submitted in French.
Failure to comply with the provisions of the CbC reporting regulations attracts a fine of up to XOF 5 million. Effective 2 January 2019, a penalty of XOF 2 million applies on submission of an incomplete or inaccurate CbC report.