Published 13 April 2018
This paper reviews the current legal framework -both general and particular- concerning the corporate tax levied on the hydrocarbon industry in the Republic of Equatorial Guinea, currently a relevant African oil producer. It focuses on the entities subject to said corporate tax -companies awarded hydrocarbon concessions in the country and their holding companies-, as a consequence of the “source principle” enshrined in Tax Law 4/2004. It also aims to ascertain the scope of corporate tax -which is levied on corporate profits and capital gains- and its consequences for the holding companies, a case not specifically addressed by the tax laws. Finally, the role of Public Production Contracts as a tool to bring certainty is addressed, too, despite the shortcomings this may find in Equatorial Guinea which, unlike other Sub-Saharan countries, adheres to a strict view of the ‘Rule of Law’ on tax matters and does not allow bargains with hydrocarbon investors in order to relax or change the tax legal framework.