06 September 2018

Rwanda issues guidelines on management, technical services and royalty fees paid to nonresidents

On 29 August 2018, the Commissioner General of the Rwanda Revenue Authority issued a public ruling (the ruling) which provides guidance on the tax deductibility of management, technical services and royalty fees.

Under Article 26 of the Law No. 016/2018 of 13 April 2018 establishing taxes on income, management, technical services and royalty fees paid by a taxpayer to a nonresident person exceeding 2% of the taxpayer's turnover are not tax deductible.

Under the ruling, the Commissioner General sets forth guidance that:

a) The management, technical services and royalty fees paid to a nonresident related person are determined based on the total amount of payments in a tax period.


Therefore, under this ruling the total fees paid to a nonresident person will be considered in determining the 2% of turnover.

b) Management fees refers to any payment of any kind to any person, other than to an employee of the person making payments, in consideration for any service of a technical, managerial and professional or consultancy in nature.

c) A royalty is a payment of any kind paid as a consideration for the use of, or the right to use, any copyright of literacy, craftsmanship, artistic or scientific work including cinematograph films, or tapes used for radio or television broadcasting, any patent, trade mark, design or model, computer application, industrial, commercial or scientific equipment or for information concerning industrial, commercial or scientific knowledge.

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CONTACTS

For additional information with respect to this Alert, please contact the following:

Ernst & Young (Kenya), Nairobi

  • Francis Kamau
    francis.kamau@ke.ey.com

Ernst & Young Rwanda Limited, Kigali

  • Michael Ichura
    michael.m.ichura@rw.ey.com

Ernst & Young Advisory Services (Pty) Ltd., Africa ITS Leader, Johannesburg

  • Marius Leivestad
    marius.leivestad@za.ey.com

Ernst & Young LLP (United Kingdom), Pan African Tax Desk, London

  • Rendani Neluvhalani
    rendani.mabel.neluvhalani@uk.ey.com
  • Byron Thomas
    bthomas4@uk.ey.com

Ernst & Young LLP, Pan African Tax Desk, New York

  • Dele A. Olaogun
    dele.olaogun@ey.com

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ATTACHMENT

PDF version of this Tax Alert

Document ID: 2018-6058