Industrial and commercial benefits (BICs) correspond to profits generated by the following activities :

• Commercial activity: purchase of materials and goods for resale or processing, provision of housing, catering, rental of goods, etc.
• Deemed commercial activity: mine concessionaire, substitute and subcontracting of mining concessions, rental of equipped commercial premises, construction operations, etc.
• Craft activity: hairdresser, baker etc.
• Industrial activity: processing industry, mining industry, transportation industry etc.

Persons likely to generate income belonging to the category of BIC: titleContent are as follows:

• Individual entrepreneur subject to income tax (IR)
• Unique associate of a EURL: titleContent

The applicable tax regime depends on the amount of the company's turnover. This amount changes according to the nature of the activity.

The company subject to a actual tax regime (normal or simplified real) must declare the amount of turnover generated by its activity during a accounting year, from which he withdrew the deductible expenses.

These include, for example:

• Overheads of any kind
• Remuneration of staff and labor. Remuneration can be direct or indirect (e.g. benefits, restaurant vouchers, pension scheme, etc.), must be for actual work and not be excessive.
• Leave with pay allowance
• Educational, scientific, philanthropic (e.g. donation to charity), etc.

Depending on the tax system to which the company is subject, the forms to be completed are different.

The individual entrepreneur must also declare the income from his professional activity using the form No. 2042 C Pro at the time of his tax return. He must also complete a “social” component in which he indicates the income that serves as a basis for calculating his social contributions.

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No or late reporting

The company who does not forward its declaration of result receives a formal notice of the tax administration. If it does not regularize its situation within 30 days, it exposes itself to a compulsory taxation.

In case of delay or to transmission fault for reporting results, a mark-up shall be applied.

The company is liable to one of the following sanctions depending on its situation:

• Markup of 10% where the declaration has been lodged after formal notice within the 30-day period
• Markup of 40% where the declaration has not been lodged within 30 days or where there has been a deliberate failure to comply
• Markup of 80% in the event of fraudulent tactics or abuse of rights

Incomplete declaration

The company may also be penalized in the following cases:

• Document supplementary to the declaration of result not sent or sent late
• Complementary document incomplete or with errors
• Insufficient reporting
• Refusal to produce list of associates or incomplete list
• Refusal to produce the list of subsidiaries and holdings or incomplete list
• Sending the declaration by means other than electronic means

He is liable to a fine equal to 5% sums omitted when these documents are not produced or when they contain errors.

The company is taken automatically, no later than the 15th of the month, an advance payment calculated on the basis of the profits declared in respect of the past year.

To determine the amount of tax, the progressive scale of income tax shall be applied to those profits.

If the company so wishes, its installments can be taken every 3 months by 15 February, 15 May, 15 August and 15 November. She must then opt no later than 1^er October of the year preceding the year in which the option applies. This option is to be formulated with the company Tax Office (SIE) on which it depends:

The option is automatically renewed.

To terminate the option, the company must report it to the SIE: titleContent no later than 1^er October of the year preceding that in which the company wishes to waive the option.

When a company is subject to a tax regime based on the amount of its turnover, it has the option of opting for a more restrictive tax regime. In other words, it can opt for the regime that would apply if it exceeded the maximum turnover threshold of the regime to which it is currently subject. Thus, a micro-entrepreneur may opt for the simplified real regime and a company subject to the simplified real regime may opt to be subject to the normal real regime.

It is not possible to opt for a less restrictive regime.

The company can waive this option with the company Tax Office (SIE) on which it depends. The waiver is to be made at the time of the income statement of the year preceding the year in which the company wishes to waive the option.