Determining tax residency in Comoros is crucial for individuals and entities to fulfill their tax obligations and avoid double taxation. The country's tax laws establish specific criteria for establishing tax residency, which may be modified or influenced by international tax treaties.
Criteria for Tax Residency
According to Article 1 of the Comoros General Tax Code, an individual is considered a tax resident if they meet any of the following conditions:
- Having their habitual residence in Comoros for more than 183 days in a calendar year.
- Having their main economic interests in Comoros.
- Being employed in Comoros for more than 183 days in a calendar year.
For entities, tax residency is determined based on their legal form and place of management. Companies incorporated in Comoros are considered tax residents, regardless of their place of management. However, foreign companies with a permanent establishment in Comoros are also subject to corporate income tax on their Comoros-sourced income.
Impact of International Tax Treaties
Comoros has entered into several tax treaties with other countries to avoid double taxation and promote cross-border economic activities. These treaties may modify or provide exceptions to the standard criteria for tax residency as defined in domestic law.
For example, the Comoros-France tax treaty provides that an individual is considered a resident of Comoros if they have their permanent home in Comoros. However, if an individual has a permanent home in both Comoros and France, they are considered a resident of the country where they have the closest personal and economic ties.
The criteria for determining tax residency in Comoros are outlined in the country's General Tax Code. International tax treaties may modify or provide exceptions to these criteria, aiming to prevent double taxation and facilitate cross-border economic activities. Understanding these criteria and the impact of tax treaties is essential for individuals and entities to comply with their tax obligations and optimize their tax planning.
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