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8.2.2. Withholding Taxes

Unless an exemption is available under domestic law or a tax treaty provides otherwise, the withholding tax rates levied on income received/ derived by non-residents from sources within Equatorial Guinea are as follows:

Dividend

Tax is withheld at 25% on dividends paid by Equatorial Guinea resident entities to non-residents.

Interest

Tax is withheld at 25% on interest paid by Equatorial Guinea resident entities to non-residents.

Royalty Copyright

Tax is withheld at the rate of 15% (reduced from 20% effective 1 January 2020) on royalties paid to non-residents.

Royalty Patent

Tax is withheld at the rate of 15% (reduced from 20% effective 1 January 2020) on royalties paid to non-residents.

Royalty Trademark

Tax is withheld at the rate of 15% (reduced from 20% effective 1 January 2020) on royalties paid to non-residents.

Service Management

Tax is withheld at the rate of 15% (reduced from 20% effective 1 January 2020) on service management fees paid to non-residents.

Service Technical

Tax is withheld at the rate of 15% (reduced from 20% effective 1 January 2020) on service technical fees paid to non-residents.

Others

Tax is withheld at the rate of 15% (reduced from 20% effective 1 January 2020) on payments made to a non-resident contractor or sub-contractor operating in the oil and gas sector. Further, tax is withheld at the rate of 5% on payments made in respect of transportation, mobilization and demobilization services provided by non-residents in the oil and gas sector.

Tax is withheld at the rate of 15% on any other income not covered above.

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

Capital Gains 35.0 %
Dividends 25.0 %
Interest 25.0 %
Royalty Copyright 15.0 %
Royalty Patent 15.0 %
Royalty Trademark 15.0 %
Sales 0.0 %
Service Management 15.0 %
Service Technical 15.0 %

* Rates are current as of 25 September 2022