- Updated
- February 2022
- Sections
- 13
- Questions
- 33
Key Facts
Core Framework
Senegalese Tax Code, Article 17-paragraph 1.
Senegalese domestic law is based on and refers to the OECD Transfer Pricing Guidelines.
Instruction on transfer pricing is in the process of being signed (Section 4: Comparability Analysis).
Instruction on transfer pricing is in the process of being signed (Section 3: Selection of the Most Appropriate Transfer Pricing Method).
Yes. Domestic comparables, if any, better illustrate the relevance of the comparability analysis as they have a direct and close link to the controlled transaction.
Instruction on transfer pricing is in the process of being signed (Section 3: Selection of the Most Appropriate Transfer Pricing Method).
Yes. The legislation provides specific penalties regarding transfer pricing documentation.
Documentation
Yes. Correlative adjustment is only possible in application of the provisions of the tax treaties in force (see Article 9).
Yes. Correlative adjustment is only possible in application of the provisions of the tax treaties in force (see Article 9).
Yes. Correlative adjustment is only possible in application of the provisions of the tax treaties in force (see Article 9).
Yes. Senegal follows the approach in Article 7 of the UN Model Convention.
TP Methods
- CUP
- Resale Price
- Cost Plus
- TNMM
- Profit Split
Selection: Most appropriate method
Dispute Resolution
Simplifications
Special Topics
Senegalese Tax Code, Article 667(III)(b)
Yes. TP Penalties are in place. Senegalese legislation does not provide for compliance incentives regarding transfer pricing documentation.
Full OECD Questionnaire
Legal ReferenceSenegalese Tax Code, Article 17-paragraph 1.
Senegalese domestic law is based on and refers to the OECD Transfer Pricing Guidelines.
Legal ReferenceSenegalese Tax Code, Article 17-paragraph 3.
Yes. Art. 17 3. The condition of dependence or control provided in paragraph 1 is not required when the transfer occurs with enterprise established in a foreign State or in a territory outside Senegal whose regime is privileged, or in an uncooperative country, according the meaning of Article 18. 4. Links of dependence or control are deemed to exist between two enterprises: a) where one holds directly or through an intermediary the majority of the share capital of the other or in fact exercises the power of decision; b) where both are placed, in accordance to the conditions defined in paragraph a, under the control of the same enterprise or person.
Legal ReferenceInstruction on transfer pricing is in the process of being signed (see Section 3: Selection of the most appropriate transfer pricing method).
Yes. The methods are defined in the draft Instruction on transfer pricing
- CUP (provided)
- Resale Price (provided)
- Cost Plus (provided)
- TNMM (provided)
- Profit Split (provided)
- Other (not provided)
Legal ReferenceInstruction on transfer pricing is in the process of being signed (Section 3: Selection of the Most Appropriate Transfer Pricing Method).
Most appropriate method
- Hierarchy of methods (not selected)
- Most appropriate method (selected)
- Other (if so, please explain) (not selected)
Legal ReferenceInstruction on transfer pricing is in the process of being signed (Section 3: Selection of the Most Appropriate Transfer Pricing Method).
- For controlled transactions involving commodities, the guidance contained in paragraphs 2.18-2.22 of the TPG is followed. (not selected)
- Domestic legislation mandates the use of a specific method for controlled transactions involving commodities (if so, please explain) (not selected)
- Other (if so, please explain) (not selected)
Legal ReferenceInstruction on transfer pricing is in the process of being signed (Section 4: Comparability Analysis).
Legal ReferenceInstruction on transfer pricing is in the process of being signed (Section 3: Selection of the Most Appropriate Transfer Pricing Method).
Yes. Domestic comparables, if any, better illustrate the relevance of the comparability analysis as they have a direct and close link to the controlled transaction.
Legal ReferenceInstruction on transfer pricing is in the process of being signed (Section 3: Selection of the Most Appropriate Transfer Pricing Method).
Yes. The legislation provides specific penalties regarding transfer pricing documentation.
Legal ReferenceInstruction on transfer pricing is in the process of being signed (Section 3: Selection of the Most Appropriate Transfer Pricing Method).
Legal ReferenceInstruction on transfer pricing is in the process of being signed
Legal ReferenceInstruction on transfer pricing is in the process of being signed
Yes. A margin of 5 is provided for low value-added intra-group services. The use of this approach is, however, subject to the creation of ad hoc documentation.
Legal ReferenceSenegalese Tax Code, Article 9-paragraph 2.
Legal ReferenceSenegalese Tax Code, Article 638 - Article 639
- Master file consistent with Annex I to Chapter V of the TPG (selected)
- Local file consistent with Annex II to Chapter V of the TPG (selected)
- Country-by-country report consistent with Annex III to Chapter V of the TPG (selected)
- Specific transfer pricing returns (separate or annexed to the tax return) (selected)
- Other (specify): (not selected)
Legal ReferenceSenegalese Tax Code, Article 31 bis and Article 31 ter
The legal person targeted in Article 638(1) is required to file, at the same time as the profit and loss declaration provided for in Article 30, a declaration containing general information on the related enterprises group (Master file) and specific information on declaring enterprise (Local file). A declaration including a country-by-country allocation of the group profits and economic, accounting and tax aggregates, as well as information on the location and activity of the entities constituting the group, shall be filed in dematerialised form, within twelve months of the end of the financial year, by legal persons established in Senegal who meet the following criteria: a) Prepare consolidated accounts; b) Directly or indirectly own or control one or more entities established outside Senegal or have branches there; c) have an annual consolidated turnover, excluding tax, of at least XOF 491 billion during the financial year preceding that to which the declaration relates; d) not be held by one or more legal entities located in Senegal and required to file this declaration, or established outside Senegal and required to file a similar declaration pursuant to foreign regulations.
Legal ReferenceSenegalese Tax Code, Article 667(III)(b)
Yes. TP Penalties are in place. Senegalese legislation does not provide for compliance incentives regarding transfer pricing documentation.
Legal ReferenceInstruction on transfer pricing is in the process of being signed (Section 2: Dispute Prevention Instruments: APAs). Senegal’s MAP Profile
Advance Pricing Agreements (APA) (Unilateral, Bilateral, Multilateral), Mutual Agreement Procedures. For further information on MAP and APA, please refer to Senegal’s OECD MAP Profile.
- Rulings (not selected)
- Enhanced engagement programs (not selected)
- Advance Pricing Agreements (APA) (selected)
- Mutual Agreement Procedures (selected)
- Other (please specify): (not selected)
Yes. Correlative adjustment is only possible in application of the provisions of the tax treaties in force (see Article 9).
Yes. Senegal follows the approach in Article 7 of the UN Model Convention.
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