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TAHITI (FRENCH POLYNESIA)

INVESTMENT CONSIDERATIONS

 

GOVERNMENT POLICY

 

Business inFrench Polynesia is governed by French Commercial Laws and corporate structures in Tahiti are the same as those existing in metropolitan France.

Authorities have had active development policies - with a full set of incentives and tax exemptions - to generate new employment opportunities.

Procedures for setting up a company and registering it in the Trade Registry are very simple with the local Chamber of Commerce and Industry (CCISM).

 

 

RESTRICTIONS ON FOREIGN INVESTMENT

 

The principle adopted is the freedom of foreign investments.

Nonetheless, investments in the following sectors are subject to prior authorization (see Assembly Deliberation n° 96 – 141/APF dated from 11/21/1996 and decree n° 285/CM dated from 03/17/1997):

 

·         Real estate

·         Fishing, aquaculture, mother-of-pearl and pearl farming activities

·         Audio-visual production and telecommunications

 

Any other investment is subject to a declaration obligation to be made within 3 months after it is implemented. Foreign shares in joint-ventures are exempted from declaration, provided they do not exceed 20% of the capital of listed companies at the Stock Exchange or 33.3% of the capital of unlisted companies at the Stock exchange.

Applications and declarations are to be addressed to the President of French Polynesia and forwarded to TAHITI INVEST, the investment promotion board of French Polynesia.

 

 

LIMITATIONS IMPOSED ON FOREIGN INVESTORS

 

Access to Land
Access to land is subject to a preliminary authorization procedure. The application for authorization is directly sent by the investor or his representative to the President of the Government of French Polynesia. The Council of Ministers has a period of 60 days from the reception of the file to deliver a decision.

 

Access to Overseas Workers
Work permits for foreigners:

  • Workers: the employer must comply with a specific authorization procedure managed by the local Agency for Employment (Service de l'Emploi, de la Formation et de l'Insertion Professionnelles – SEFI). The application for residence permit must be processed at the same time (see conditions below). Once it is obtained, the SEFI transmits the demand for work permit to the Ministry of Labour, then to the President of the Government, who finally decides upon the delivery of the permit. Processing time: 1 to 2 months. 
  • Entrepreneurs: A professional card for foreigners is to be delivered by the Administrative Affairs Bureau (Service des Affaires Administratives) after securing approbation from the other relevant bureaus. Validity: vary according to the profession. Processing time: 2 to 4 months.

In general, any foreign individual undertaking a professional activity in the country must hold a residence permit, a work permit or a professional card.
 
Residence conditions applicable to foreigners:
Residence permits are granted by the High Commissioner of the French State in French Polynesia upon approbation from the relevant committees: Comité Consultatif des Etrangers and the Council of Ministers.

  1. A temporary permit is granted for a 6 months to 1 year period and may be renewed. Applications must be sent to the French consular authorities.
  2. The regular 5-year residence permit is delivered to foreigners benefiting from the temporary residence permit, after living in the territory for at least 5 years.
  3. The permanent residence permit is delivered to foreigners allowed to reside in French Polynesia for an unspecified period.
     

TRANSFER OF CAPITAL AND PROFITS

 

Transfer of capital and profits repatriation are free, under the prevailing liberal framework (French commercial law).

 

 

TAXATION

 

French Polynesia has its own taxation system which can be very advantageous for individuals: there is no personal income tax, no tax on inheritance and no capital tax.

Corporate tax vary from 35% to 45%. The tax system is based on the Tax Code whose application and yield are considered well suited to French Polynesia’s size and characteristics.

 

The tax rate is adjusted according to the following ratio:

 

                      I + P
           C =  -----------
                          R

 

I = represents the net value of the assets fiscally redeemable by nature and installed on the territory, which are entered in the balance sheet or exploited in pursuance of a leasing contract or of a renting contract of less than five years;

P = stands for the fiscally deductible personnel expenses which are engaged in the hiring of wage-earners in the territory, with the exception of the personnel charges related to the “de jure or de facto” company managers, whether these executives are partners, shareholders or not;

R = represents the taxable profit as determined in the provisions of articles 113-1 and 113-2 of the Tax Code.

The tax rate is therefore rendered as follows:

           

            35 % when C > 5.5

            36 % when 5  < C < 5.5

            37 % when 4.5 < C < 5

            38 % when 4 << 4.5

            39 % when 3.5 << 4

            40 % when 3 << 3.5

            41 % when 2.5 < C < 3

            42 % when 2 << 2.5

            43 % when 1.5 < C < 2

            44 % when 1 < C < 1.5

            45 % when C < 1

 

Besides customs duties are levied on goods from E.U countries.


INVESTMENT PROTECTION

French and European-standard legal framework ensures adequate protection.


INVESTMENT INCENTIVES

Particularly attractive investment incentives schemes allow for substantial tax credit: 

  •  The “Loi Girardin” state scheme allocates tax credit to companies registered in France and making an investment in French Polynesia. For example, new equipment or facilities are financed that way at reduced costs by “French” investors, who are granted tax exemptions in return for their investments. The material is first leased for a 5 year period, after which the local beneficiary attains full ownership.
  • The “Loi Flosse” local scheme allows tax credit from 30% up to 60% in some priority sectors like : construction of homes for elderly people, residential buildings and/or office buildings, construction or renovation of hotels, construction of parking lots, construction of cruise ships, construction of golf courses, construction of private clinics, the mining industry, agri-food industry, aquaculture and fish-farming, construction of fishing vessels. 

Both schemes can be combined simultaneously under certain conditions.

Other incentives are also available under certain conditions.

 

CONTACTS FOR FURTHER INFORMATION

CCISM – The Chamber of Commerce, Industry, Services and Trade of French Polynesia                               

(Chambre de Commerce, d’Industrie, des Services, et des Métiers de Polynésie française)                                           

PO Box 118 98713 Papeete TAHITI.

French Polynesia                                                                                                                                                          

  

Phone: (+689) 47 27 00

Fax : (+689) 54 07 01

Website : www.ccism.pf

Email: cci@mail.pf

 

 

TAHITI INVEST – Investment Promotion Authority of French Polynesia                                                           

(Délégation pour la Promotion des Investissements en Polynésie française)                                                                   

82, Général de Gaulle Street                                                                                                                                         

PO Box 504 - 98713 Papeete TAHITI                                                                                                                        

French Polynesia      

                                                                                                                                                                             

Phone: (+689) 54 32 54   

Fax:(+689) 54 32 55

Website:www.tahiti-invest.com 

Email:invest@tahiti-invest.com

 

 

SDIM - The Bureau of Industry and Trade Development

(Service du Développement de l’Industrie et des Métiers)

PO Box 9055 98715 Papeete TAHITI

French Polynesia


Phone: (+689) 50 28 80

Fax : (+689) 41 26 45

Website:www.creation-entreprises.pf

Email: sdim@industrie.gov.pf  

 

 

Customs Regional Office

(Direction Régionale des Douanes)

PO Box 9006 Motu Uta– 98715 Papeete TAHITI

French Polynesia

 

Phone: (+689) 50 55 50

Fax: (+689) 43 55 45                                                                                                                            

E-mail: secretariat@douane.pf

 

 

Foreign Trade Service of French Polynesia

(Service du Commerce Extérieur de la Polynésie française)

PO Box 20727 98713 Papeete TAHITI

French Polynesia

 

Phone: (+689) 50 64 64

Fax: (+689) 43 64 20

Website: www.tahiti-export.pf

E-mail:william.vanizette@economie.gov.pf