Decree of 23 November 2005 Amending the Simplified Turnover Tax (TCA) Regime

The decree of 23 November 2005, given at the Palais National under the signature of Boniface Alexandre with Gérard Latortue as Prime Minister, amending the turnover tax.

It does not institute the TCA. The visas set out the chain: the law of 19 September 1982 instituting the turnover tax, and the law of 24 February 2003 amending that law. This decree rewrites only articles 34, 35 and 36 of the 2003 law, which together form the simplified regime.

Article 34 as rewritten establishes a simplified TCA regime for taxpayers with turnover below 1,250,000 gourdes falling into one of three categories: façonniers, small retailers, and service providers. Article 35 requires an annual return between 1 October and 15 December for the preceding year, filed when the patente is paid, with the tax settled in three equal instalments payable between the 1st and the 15th of October, December and February of each fiscal year. Article 36 grants an abatement of 500,000 gourdes from declared annual turnover in determining the taxable base, and sets the rate at 10 percent.

The recitals record that the Legislature was inoperative at the time and that the Executive was therefore legislating by decree.