HOW TO DO BUSINESS IN LIBYA :

Under this page , we provide our clients with summary of  the important laws and regulations related to their business and help them start new business as follows :

Summary of New

Tax Laws ( No. 11 & 12 of 2004 ) and

Some Other Unchanged Laws

Prepared By

Prof. Dr. Abdussalam Sultan

On the 6th of march 2004 the Generale People Congress issued a new income tax law no. 11 of 2004 which replced the income tax law no. 64 of 1973 and has come into force as from the date of its issue .

Hereunder is a summary of some important points of this law which have to be observed by all local and foreign tax payers whether they are individuales or companies .

I. Tax on Salaries and Wages (as from March 2004 ) :

A. New Tax Rates :

The following new salary tax rates have to be deducted from the gross salary less employee social insurance contribution , employee social solidarity fund contribution and income tax exemptions mentioned below :

No.

Gross Salary Brackets

Tax Rate

Per Year

Per Month

1

4800

400

8%

2

4800

400

10%

3

Over 9600

Over 800

15%

B. Old Rates:

Old rates were as follows:

No. 

Gross Salary Brackets

Tax Rate 

Per Year

Per Month

1

1800

150

8%

2

1200

100

10%

4

1800

150

15%

5

1800

150

20%

6

1800

150

25%

7

Over 8400

Over 700

35%

Exemptions deductible from income are as follows :

A. New Exemptions :

Social Status

Per Year

Per Month

Single

1200

100

Married man with no children

1800

150

Married or widower or divorced with children

2400

200

B. Old Exemptions :

Social Status

Per Year

Per Month

Single

480

40

Married man with no children

720

60

Married or widower or divorced with children

900

75

Notes:

For calculating the exemptions the year is considered to be 360 days divided to 12 equal months .

• Tax should be paid within 60 days .

I. Taxes on General Income of individuals :

According to the new law , this tax is cancelled and does not exist any more .

Note:

The old general income tax rates were as follows :

Details

Amount

Rate

 First

6000

Exempt

Following

3000

15 %

Following

5000

25 %

Following

8000

35%

Following

15000

45%

Following

25000

55%

Following

40000

65%

Following

100000

75%

Over

202000

90%

II. Tax on Companies – Corporate Tax :

A. New Tax Rates

No.

Brackets

Income Tax Rate

Jehad Tax Rate

 First

200000

15 %

4 %

Following

300000

20 %

4 %

Following

500000

25 %

4 %

Following

500000

30 %

4 %

Following

500000

35 %

4 %

Over

Over 2000000

40 %

4 %

B. Old Tax Rates were as follows :

No.

Brackets

Income Tax Rate

Jehad Tax Rate

 First

10000

20 %

4 %

Following

20000

25 %

4 %

Following

30000

30 %

4 %

Following

40000

40 %

4 %

Following

50000

45 %

4 %

Over

Over 150000

60 %

4 %

 

Note : Responsibility of the Company's Manager for its Taxes:

Under the new law ( Article 94 ) the manager of a company may not be granted a Tax Certificate necessary for the issue of an exit visa , unless the company pays the taxes due until the date in which he obtains the certificate or after submission of a guarantee to the Tax Department .

III. Jehad Tax Rates:

A: Jehad tax rates on Salaries and Wages:

This tax remained the same ( unchanged ) .

The following Jehad Tax is deductable from gross salaries less Employee Social Insurance Contribution and Employee's Social Solidarity Fund Contribution as follows :

Details

Tax  Rate

If salary does not exceed 50 L.D. per month

1 %

Over 50 to 100 per month

2 %

Over 100 L.D. per month

3 %

B: Jehad tax rates on Companies :

This tax also remained the same ( unchanged ) ,The Jehad Tax on companies is 4 % of Net Income .

IV. Stamp Duty Law No. 12 of 2004:

On the 6th of march 2004 the General People Congress issued also a new stamp duty law no. 12 of 2004 which replaced the stamp duty law no. 65 of 1973 . it has come into force from the date of its issue .

• Attached to the law a schedule of 45 items showing the details and tax rate of each item .

The following important items and their rates extracted from the law may be of general interest:

No.

Details

Rate

Item no.

1

Auditors Certificate & Reports to be paid  by the company

100 L.D.

 2A

2

Accounting Books ( Registered )  on each page

0.250 L.D.

4A

3

Invoices ( sales , purchase of cars    to be paid by the buyer )

3 %

24A

4

Invoices ( sales , purchase of material ) over 100 L.D.   to be paid by the buyer

2 %

24B

5

Rental Contractors to be paid by the tenant

1 %

27

6

Contracts for supplies , services ,Contracting , Public works  ... etc. to be paid by the contractor

2 %

28A

7

Sub-contractor

0.1 %

28B

8

Opening of Letters of credit

0.2 %

33A

9

Guarantee , Insurance … etc. of Value

0.5%

35

10

Receipts

0.5%

36

11

Amounts paid by any public body to others to be paid by the receivers

0.5%

 43

V. Social Security Contributions Laws No. 13 of 1981

Details

Rate

Employee contribution

3.75 % of gross salary

Employer contribution

11.25 % of gross salary

Total Contribution

15 %  of gross salary

The total contribution of employees and employer should be paid by the employer directly to the INAS Department .

VI. Employee Social Solidarity Fund Contribution :

A rate of 1% of the gross salary should be deducted from the gross salary of each employee and should be paid to the Social Solidarity Fund Department .

We hope that the above summary is useful to foreign as well as local companies and individuals operating in Libya.

For those who need more details they are advised to contact us.

Prof.Dr.Abdussalam Sultan

E-mail:sultan@sat.ly                   Mobile :+218 91 213 8370

 

 

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