Tunisia-Investment Incentives Code
Anti-Pollution Measures and Environmental Protection
Article-37 : *
Investments made by companies with the aim of counter acting the pollution resulting from their activities or by companies specialising in the collection, transformation and processing of waste and manure give entitlement to the following incentives:
1. Exemption from customs duties and taxes with a similar effect, suspension of value added tax and consumption duty for imported equipment with no locally manufactured equivalent which is necessary for the realisation of those investments, as well as suspension of value added tax on equipment manufactured locally.
Entitlement to these benefits is subject to prior authorisation of the investment programme and the list of goods and equipment by the National Environmental Protection Agency, according to the conditions fixed by decree;
2. A specific grant, the amount of which is fixed by decree, in the framework of the organisation and operation of the de-pollution fund set up by Law n°92-122 of 29th December 1992 comprising the Finance Law for the 1993 financial year.
Article-38 : *
Investments made by companies specialising in the collection, transformation or processing of manure and household waste or manure and waste produced by economic activity give entitlement to the following tax incentives:
1. Subject to the provisions of Articles 12 and 12 bis of Law n°89-114 of 30th December 1989 promulgating the Code for income tax on natural persons and companies tax, subscription to the company's initial capital or its increase gives entitlement to deduction of the incomes or profits invested up to the limit of 50% of the net incomes or profits liable to income tax on natural persons or companies tax.
Investments made by those companies also give entitlement to deduction of the profits invested in the company itself up to the limit of 50% of the net profits liable to companies tax. Enjoyment of these benefits is subject to adherence to the conditions envisaged by Article 7 of the present Code.
2. Deduction of the incomes or profits originating from those activities from the taxable basis of income tax on natural persons or companies tax, subject to the provisions of Articles 12 and 12 bis of Law n°89-114 of 30th December 1989 promulgating the Code for income tax on natural persons and companies tax. This benefit is granted to companies in existence before the present Code was promulgated and as from 1st January 1994.