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Tax and/or financial incentives
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Activities of particular import for the national economy or
border zones
Major activities with high added value and a high integration
rate
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ART (52):
Investment premium amounting to 5% or 20%
State participation in expenditure for infrastructure
Exemption from corporate taxes for five years
Preferential treatment for the equipment required to carry out
an initiative
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Promoters of major initiatives in terms of volume of
investment and creation of jobs
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ART (52a):
Acquisition of the land required for an initiative at a symbolic
cost of one dinar
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Investment in education and higher education, including student
housing,
vocational training, and investment pertaining to pre school
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ART 52 ter:
Investment premium of no more than 25%
Granting of the land required to carry out an initiative at the
symbolic cost of one dinar (for student housing), until 31/12/07
Partial assumption (25%) by the State of wages paid to Tunisian
teachers and trainers
State assumption of the employer’s contribution to the legally
constituted social security system for a period of five years
for Tunisian teachers or trainers
Land made available to investors under a concession arrangement
Exemption from the vocational training tax on wages, salaries,
indemnities and benefits paid to Tunisian teachers and trainers
recruited on a permanent basis
Exemption from the obligation to contribute to the fund to
promote housing for wage earners (based on wages, salaries,
indemnities and incentives paid to Tunisian teachers and
trainers recruited on a permanent basis) for the first 10 years,
starting from the date of initial activity. This incentive is
available to companies that began activity over the period of
the 11th development plan (2007-2011).
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Investment in recreational facilities for children and youth
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ART 52 quater
Granting of land at the symbolic price of one dinar over the
period 1/1/2005 - 31/12/2009
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Investment in business incubators and cyber- parks
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ARTICLE 52 quinquies
Investment premium, up to 20% of the cost of the initiative
Land at the symbolic cost of one dinar.
These incentives are available to initiatives undertaken over
the period starting with the entry into force of this law and
ending 31 December 2011, on condition that the initiative is
implemented and operational within no more than two years from
the date on which land is acquired and activities effectively
started up, in line with its goals and the specifications
established by the relevant ministry
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Recovery at industrial companies encountering economic
difficulties or that have ceased activity
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ARTICLE 53
Eligible for tax breaks, if supported by the higher commission
on investment
If
a company has been sold, the acquirer continues to be eligible
for incentives in the form of State assumption of the employer’s
contribution and pertaining to income tax or corporate tax for
the remaining period.
If
the seller holds a reimbursable grant real estate loan, (s)he
must repay the remaining outstanding amounts if they are not
assumed by a buyer eligible for these funds and credits.
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Transmission of companies encountering difficulties
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ARTICLE 53 Bis
In
addition to the incentives outlined in article 53 of the present
code, transactions relating to transmission of companies
encountering economic difficulties in the framework of law n°
95-34 of 17 April 1995 (which deals with recovery at companies
encountering economic difficulties), as further elaborated and
modified by subsequent texts or those that apply when the owner
of the company reaches the age of retirement, becomes unable to
continue to manage the company, or dies, establishing
eligibility for the financial incentives outlined in prevailing
legislation governing gains from company transmission in the
form of assets, transmission of shares, and registry duty due on
the transmission of property and deduction of profits or income
reinvested in the framework of the above-mentioned transmission
transactions
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Companies that manage a port area used for cruise tourism in
line with an agreement signed between the manager of the
facilities and the oversight ministry |
Article 56 Bis:
Exemption of customs duty and suspension of the added value
tax, consumer duty and contribution to the fund to develop
industrial competitiveness for acquisition of equipment, goods,
products and the services required to carry out the investment
or the activity, aside from vehicles to be used in tourism
Deduction of all income and profits generated by these
investments from the base for tax on personal income or
corporate tax, notwithstanding the terms of articles 12 and
12a of law n°89-114 of 30 December 1989 promulgating the code
pertaining to personal income tax and corporate tax, for the
first 10 years starting from effective start up of activity.
Deduction of all income and profits generated by this
investment from the base for tax on personal income and
corporate tax, as long as the deduction generates tax of less
than 10% of total taxable profits, not counting corporate
deductions and 30% of the amount of tax calculated on the
basis of overall income nor the deduction for private
individuals, starting from the 11th year of effective activity.
Such port zones are subject to the ‘free trade zone’ regime,
as outlined in the customs code.
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