VI. Primary Business Regulations in Burkina Faso A. Forms of Business Burkina Faso's regulations governing the establishment of businesses include most forms of companies admissible under French business law. These include: public corporations, limited liability companies, limited share partnerships, subsidiaries and affiliates of foreign enterprises, and sole proprietorships. B. Import/Export Regulations In an effort to deregulate its economy, Burkina Faso has removed most import/export restrictions on trade in addition to streamlining taxation and other administrative procedures. For instance, there is no export tax nor is there a requirement that an importer retain an agent/distributor in Burkina Faso, although such a policy is recommended by the local government. Prior to 1991, forty products were subject to import restrictions. Currently, only three products (pharmaceuticals, arms/ammunition/uniforms, toxic products) require special authorization. The pre-shipment inspection of imports over CFA 1,500,000 by the Societe Generale de Surveillance (SGS), an international verification and control service, is still required. However, this requirement will be lifted at the end of 1994. The government of Burkina Faso has also begun to remove import quotas on products in direct competition with local manufactured goods, to lift price controls, and to reduce the number of imported products on which profit margins are controlled. However, in light of the recent devaluation, the government reinstituted profit margin controls on many imports. Burkina Faso's customs fees are based on goods ad valorem (i.e., cif plus fees and commissions). These duties include the following components: a five percent customs fee, a variable import fiscal duty (DFI) and a variable value-added tax both based on the type of good. In addition, the following minor levies apply: a four percent statistical tax, a one percent community solidarity tax (PCS), a one percent tax to support government intervening agencies (TSI), and the "peage" set at 500 CFA (USD 0.83) per ton. If economic conditions warrant, the government may subsidize the importation of basic products (eg., rice, sugar) by decreasing the applicable custom duties. These extraordinary measures are in addition to the already substantial subsidy the government of Burkina Faso provides for the importation of rice and other food staples. In addition, the government may raise custom fees for a limited period of time in order to protect local industrial products. C. Fiscal/Business Taxes In Burkina Faso, informal sector businesses and other small businesses with an annual turnover of CFA 15 million or less (about USD 25,000) pay a unique tax called the "Contribution du Secteur Informel" or CSI. The maximum CSI tax is CFA 100,000 or roughly USD 166 per year. Businesses qualifying for CSI tax status are prohibited from bidding on state and parastatal tenders. Individual enterprises and companies in Burkina Faso with an annual turnover exceeding CFA 15 million are subject to a complex set of taxes. These include an annual tax on industrial, commercial and agricultural profits (IBICA), set at 45 percent, and a forfeit tax (IMFPIC), paid in advance each year based on the previous year's gross receipts. There is also a 25 percent tax on interest income (the IRC) and a 25 percent tax on investment income (the IRVM). Businesses must also pay an apprenticeship tax (TPA) on the salaries of all national and foreign employees (four and six percent respectively), and a patent tax which has two components (a fixed amount based on gross revenues and an eight percent tax based on the rental value of company buildings and the value of the production equipment). Upon incorporating, companies must pay a registration tax equal to three percent of the company's capital. Since 1993, businesses are required to apply a 15 percent value- added tax on the value of the product. In addition there are a number of real estate taxes. These include a 15 percent capital gains tax on the sale of real estate, and a 2.5 to 10 percent transfer tax (TBM) applied to the rental value of the buildings. Non-IBICA profits are taxed from five to 35 percent. Private sector employees and civil servants pay a single tax (IUTS) on salaries and tips, usually by payroll deduction.