Tax Alert: MoF decision #174 on capital gain tax & Instruction #441 on VAT claim

Tax Alert: MoF decision #174 on capital gain tax & Instruction #441 on VAT claim

Dear All,

 

The Ministry of Finance (MoF) has issued on the 11^th March 2024 the following decision and instruction (attached scanned copies):

1)      MoF decision #174/1: Application of the article 39 of the 2022 Budget law related to the tax on the Capital gain (i.e. difference between the acquisition cost and the selling price) generated by individuals from the transfer of their shares in the following joint-stock (SAL) companies: (i) Companies whose sole or main object is to own lands or built properties, (ii) Companies whose main activity is trading real estate properties or real estate development and (iii) Companies with real estate properties exceeding 50% of their total fixed assets. The capital gain tax is equal to the transfer and registration fees on real estate properties (i.e. 3% for Lebanese and 5% for foreigners). Attached to this MoF decision are the tax declaration forms for this capital gain tax.

 

2)      MoF instruction #441/1: Sets the procedure to reconsider the decisions issued by the Value Added Tax (VAT) department against taxpayers for VAT infringements.

 

We remain at your disposal should you need any further clarification or information on this subject.

 

Best Regards,

DAHER & PARTNERS