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TRANSFER PRICING DEFINED As stated in Section 2 (g) of the Business Tax (Amendment) Act, 2022 “Transfer pricing” is defined as the determination of prices charged in transactions between associates. Furthermore, Business Tax Act describes two persons as associates if the relationship between them is such that one may reasonably be expected to act in accordance with the intentions of the other, or both persons may reasonably be expected to act in accordance with the intentions of a third person. Note that associate is not just about ownership, they are relationships and activities in conducting business, commercial and financial relations. REVENUE Where an arrangement exists between associates, different businesses of a person, businesses and other activities of a person, a person and a permanent establishment of that person, a person may not benefit from transfer pricing in Seychelles under actual circumstances that are at arm’s length or that are not in accordance with the arm’s length principle. (Section 54 of Business Tax (Amendment) Act, 2022). The arm’s length principle refers to the idea that transactions between associates must be the same as to those formed through a similar transaction between parties who are not associates. A person shall not conduct Commercial or financial relations” with another person that will result them in getting a transfer price benefit. Transfer pricing benefit means a benefit accruing to a person as a result of a difference between the actual conditions and the arm’s length conditions. COMMISSION A person is considered to have obtained transfer pricing benefit if the actual conditions are different from the arm’s length conditions the actual circumstances led to one or more of the following outcomes. If the arm’s-length criteria had been in place: – the person’s taxable income for a tax year would have been greater;– the amount of the person’s loss for a tax year would have been less;– the amount of the person’s tax concessions for a tax year would have been less;– the amount of withholding tax that the person would have had to pay in relation to interest or royalties would have been higher. When conducting a transfer pricing audit, the Commissioner General shall determine the transfer pricing benefit by calculating the difference in the actual and arm’s length amounts in; – the taxable income of the person for a tax year– the tax loss of the person for a tax year This short post is not intended as an exhaustive explanation of the law. If you require detailed information about Transfer Pricing please contact the Seychelles Revenue Commission at: Seychelles Revenue Commission Maison Collet, 3rd FloorPO Box 50 Victoria, MahePhone: 4293737E-mail: commissioner@src.gov.scWeb: www.src.gov.sc

The Seychelles has been upgraded on five recommendations by the Financial Action Task Force (FATF) following the 45th meeting of the Eastern and Southern Africa Anti-Money Laundering Group (ESAAMLG). The upgrade shows progress in strengthening measures to tackle money laundering and terrorist financing. Seychelles has made progress in addressing deficiencies against recommendations 5, 19, 25, 28, and 34, relating to terrorist financing offense, higher-risk countries, transparency and beneficial ownership of legal persons, regulation and supervision of designated non-financial business or professions, and guidance and feedback. Seychelles is now compliant or largely compliant with 34 of the 40 FATF recommendations. The Seychelles delegation attended the task force meeting to build on bilateral and multilateral relationships with international partners and counterparts to increase efforts in the international fight against money laundering and terrorist financing. The delegation also took part in sub-committee meetings, with the deputy director of the Seychelles Financial Intelligence Unit presenting a national risk assessment on virtual assets and virtual assets service providers done in the island nation. The ESAAMLG meeting also included briefings on ongoing preparations for the third round of mutual evaluations, which will start in June 2025.

Seychelles has been assessed as having a low risk of non-profit organisations (NPOs) being used to finance terrorist activities, according to a national risk assessment report. The report was validated at a workshop at the Eden Bleu hotel, and is part of the National Risk Assessment for Non-Profit Organisations (NPOs) launched in 2022. The assessment is intended to identify and understand the risks to the NPO sector and to determine whether Seychelles is compliant with international standards set by the Financial Action Task Force (FATF). The validation of the report showed that Seychelles has a very low risk of NPOs being misused for terrorist financing, but certain laws and policies may still need to be revised to maintain this status. The report will be finalised in the next two months and will be used to identify any technical deficiencies that need to be resolved before the third round of evaluation. The aim is to ensure that all laws and policies are up to date and in line with the recommendations of FATF when it comes to anti-money laundering and counter-terrorism financing measures.

Fitch Ratings has announced that Seychelles’ credit ratings remain at ‘BB-‘ with a stable outlook in 2023. The ratings reflect the country’s solid tourism recovery, stable growth prospects, low inflation, and a stable economic framework. The Seychelles tourism sector had a solid recovery in 2022, with tourist arrivals surging by 82% YoY, reaching 86.4% of 2019 levels. However, Fitch warned that global economic uncertainty and competition from other high-end tourism destinations may lead to a slowdown in visitor growth to an estimated 5% in 2023-2024. Despite continued visitor growth, Fitch expects tourism receipts to decline by about 14% in 2023 and 7% in 2024, reaching 41.3% of GDP, given the expected tapering in arrivals of high-spending tourists from Russia and other countries.

Seychelles is developing a national policy on virtual assets in response to an increasing number of complaints regarding activities using cryptocurrency. The country’s finance minister, Naadir Hassan, revealed that a report on a national risk assessment done by the Financial Services Authority (FSA) had prompted the move. The policy will aim to provide a legal framework for virtual asset activities to be better regulated in Seychelles and to safeguard the public. The objectives of the framework will be to establish legal provisions to register virtual asset businesses and provide licenses depending on the activities allowed in the country.

The Seychelles Tax System operates on a territorial tax regime where only income sourced in Seychelles is liable to tax. The definition of Seychelles sourced income includes income from business activities conducted, goods situated or rights used within Seychelles’ physical territory. Any income earned outside of Seychelles is considered non-Seychelles sourced income, also known as non-taxable business income. This includes income earned by a Seychelles business in an overseas jurisdiction or passive income, such as dividends, interest, royalties, rents, and other forms of income received by a Seychelles resident from a non-resident. However, effective September 16, 2021, the Seychelles Tax System has undergone changes to its law. A revised approach has been adopted for covered companies, including the introduction of an economic substance test for passive income received from a non-resident. Additionally, the Self-Assessment regime was introduced in 2010 to encourage voluntary compliance. The regime places the responsibility of tax on the taxpayer operating in Seychelles. Taxpayers must determine if they have Seychelles sourced income in a tax year, declare and report their taxable income for the relevant tax period, including permitted deductions and exemptions, in line with applicable laws. In summary, the Seychelles Tax System is a territorial tax regime where only Seychelles sourced income is liable to tax. However, recent changes in the law have introduced an economic substance test for passive income received from a non-resident. The Self-Assessment regime places the responsibility of tax on the taxpayer operating in Seychelles to declare and report their taxable income in compliance with applicable laws.