Living in Guinea: tax residency after six months of stay, withholding tax on salaries from 0 to 20 % and under the agreement at 15 % and 10 %

This page reports on information published by the Guinean General Tax Code (CGI), the BOFiP (Official Bulletin of Public Finances), and impots.gouv.fr. The Guinean CGI stems from Law L/2021/032/AN, promulgated on July 21, 2021, and applicable since January 1, 2022. An individual is considered a tax resident in Guinea, notably if they have a permanent home in Guinea or if they reside there for more than six months of the year. Residents are taxed on their income from Guinean or foreign sources, while non-residents are taxed only on their Guinean-source income. Withholding tax on salaries follows a monthly scale ranging from 0 to 20 Guinean francs. The 1999 Franco-Guinean convention caps withholding tax at 15 % on dividends, at 10 % on interest and at 10 % on royalties.

The Guinean rates applicable to dividends, capital gains on real estate and real estate transactions are not detailed here.

Tax residence: situations covered by Article 4

Article 4 of the General Tax Code defines tax residence. For individuals, it considers as residents in Guinea those who:

• have a permanent home in Guinea, or stay there for more than six months of the year;
• carry out an activity there, whether salaried or not, unless it is ancillary to a main activity carried out abroad;
• have the center of their economic interests there;
• have their usual place of residence there;
• are state agents stationed abroad and not taxed on their income in the country where they serve.

Article 15 draws the necessary conclusions. Individuals whose tax residence is in Guinea are taxable on all their income, whether from Guinean or foreign sources, with profits falling under a separate article. Individuals whose tax residence is not in Guinea are taxable only on their income from Guinean sources. Tax is levied at the place of residence as defined in Article 4.

For a person who is resident in both France and Guinea, the 1999 convention applies, in its article 4 § 2, the following order: permanent residence, center of vital interests, habitual residence, nationality, then amicable agreement between the authorities.

Salaries and pensions: who is taxed in Guinea

According to Article 51 of the French General Tax Code (CGI), salaries and similar remuneration are taxable regardless of where they are paid. Two rules are complementary:

• An employee domiciled in Guinea is taxable even when their paid activity is carried out outside of Guinea;
• An employee domiciled abroad is taxable when their activity is carried out in Guinea.

Pensions and annuities follow a similar logic, based on the domicile of the beneficiary and that of the payer. Bonuses that serve the role of a salary and benefits in kind, valued at their actual value to the employee, are taxed like cash remuneration (Articles 52 and 53).

An employer domiciled or established in Guinea must withhold tax on each payment made to an employee domiciled in Guinea, or domiciled abroad but working in Guinea (Article 61). A resident paid by an employer established abroad must file a tax return, and the tax is then assessed on a tax roll, subject to applicable tax treaties (Article 65).

Monthly schedule of salary deductions

Article 63 applies the following rates to monthly taxable income, in Guinean francs (GNF). The withholding tax is final according to Article 64.

Taxable income is obtained after deduction of mandatory contributions to social security and pension schemes (Articles 58 and 62). Article 55 specifically exempts family allowances, justified reimbursement of professional expenses, severance and retirement benefits, as well as flat-rate allowances for housing, transport or food, up to a cumulative limit of 25% of gross salary.

The Ministry of the Budget has also published an undated draft general tax code, which uses the same tax scale. Any modifications to this scale that may have been made by finance laws after 2022 are not detailed here.

Dividends, capital gains, real estate and assets

Article 1 of the French General Tax Code (CGI) lists the various categories of income taxes: wages and pensions (articles 50 to 86), industrial and commercial profits, non-commercial profits, agricultural profits, non-professional capital gains on real estate (articles 160 to 169), and income from movable capital (articles 170 to 197). A single property tax (articles 257 to 274) and a section on registration and stamp duties complete the code.

The tax rates for income from movable capital, capital gains tax on real estate, and property tax, as well as registration fees on purchases or inheritances, are not detailed here. The conditions for foreigners to acquire real estate are also not specified. The sources consulted do not describe any specific regime for new residents or foreign retirees.

Relationship with the 1999 Franco-Guinean convention

The convention was signed in Conakry on February 15, 1999, approved in France by Law No. 2003-375 of April 24, 2003, and published by Decree No. 2004-1008 of September 17, 2004. It entered into force on October 1, 2004: withholding taxes apply to amounts payable from that date, while other income taxes apply to years beginning on or after January 1, 2005 (Article 30). Its title covers taxes on income, wealth, inheritances, and gifts. Details can be found on our dedicated page. France-Guinea tax treaty.

To eliminate double taxation, Article 24 provides in France for a tax credit, limited to the corresponding French tax, and in Guinea for a credit of the French tax paid, limited to the corresponding Guinean tax.

What this page does not cover

It does not detail Guinean tax rates on dividends, interest, and capital gains, nor property tax, nor domestic registration and inheritance taxes, nor the conditions for a foreigner to purchase property, nor social security, nor residency permits. It also does not detail the tax on profits from self-employment or corporations. These matters fall under Guinean law and should be verified with the Guinean tax authorities. Balmont Conseil is not a law firm or a local tax advisor: local tax matters should be verified with a professional based in Guinea. French matters, particularly the departure declaration and the accounts to be declared, are addressed in our sections on tax residency and exit tax.

What changes depending on your situation

• Your residency situation in Guinea: residence, number of months spent in the year, activity carried out and center of your economic interests.
• The nature of your income: salary, pension, dividends, interest, royalties, rents, capital gains.
• Your monthly salary amount according to the salary brackets, after social security contributions and exemptions.
• Your residency situation in France and Guinea, year by year.

The rule depends on your situation. No results are guaranteed.