Benin's Digital Tax Shockwave: Are YOU Ready for the 18% VAT?

In a significant move to align with global tax modernization efforts, the Benin tax authorities have been proactively enforcing VAT obligations for non-established digital platforms. In June 2025, a series of formal reminders were issued to these entities, underscoring their responsibility to register, collect, and remit VAT on supplies of digital services to consumers residing in Benin. This push for compliance is a cornerstone of the country's evolving e-commerce VAT regime, which marks a strategic pivot to capture revenue from the burgeoning digital economy.

Legal Framework

The legal foundation for these obligations is rooted in the VAT legislation enacted under Benin’s General Tax Code. Specifically, these rules were clarified and implemented by Note No. 0426/DC/SGM/DGI/DLC/DCFR, published by the Director General of Tax on March 22, 2023. This legislation mandates that all transactions conducted through electronic platforms are taxable in Benin when the beneficiary is a resident or has a permanent establishment in the country. The move is a testament to the government's long-term vision to leverage its digital transformation agenda for economic growth and improved tax administration. The regulatory framework is designed to level the playing field, ensuring that both local and international digital service providers are subject to the same tax burdens.

Taxable Digital Services

Under Benin's tax code, a broad range of remote services is subject to VAT when supplied to non-business consumers. These are defined as services that are automated, digitally delivered, and require minimal human intervention from the supplier. The list of taxable services is comprehensive and includes, but is not limited to:

• Digital Products: This covers software, software updates, mobile applications, and plugins.

• Website and Hosting Services: This includes website hosting, cloud storage, remote maintenance, and data warehousing.

• Online Marketplaces and Advertising: Services provided by online platforms that charge a commission on sales, as well as search engine and advertising services.

• Digital Content: The provision of content such as streaming or downloading of music, films, games, and TV or radio broadcasts.

• Publications: Access to online publications, including e-books, news, and statistics.

• Educational Content: Distance learning and other automated educational content and courses.

The definition of these services is intentionally broad to ensure the regime can adapt to new digital offerings, capturing revenue from a wide array of online activities.

Scope of Taxation and Key Compliance Points

The Benin e-commerce VAT regime applies to non-established platforms from their very first transaction. Unlike many other jurisdictions, there is no registration threshold. This "first-sale" rule means that even a platform with minimal sales to Benin-based customers is legally required to comply.

• VAT Rate: The standard VAT rate on applicable digital services is 18%. There are currently no reduced rates or exemptions specifically for digital services provided by non-residents, though some services, like certain educational or medical services, may be exempt under general VAT law.

• Determining Customer Location: One of the most critical aspects of compliance is accurately identifying the customer's location. A supplier must use reasonable measures to determine if a customer is a resident of Benin. This is typically done by relying on a combination of evidence, including the customer's billing address, IP address, and credit card country. Platforms are expected to maintain an auditable record of the data used for these determinations.

• Business-to-consumer (B2C) and business-to-business (B2B) transactions.

• B2C: For supplies to final consumers, the non-established digital platform is obligated to collect and remit the VAT.

• B2B: For supplies to a VAT-registered business in Benin, the reverse charge mechanism applies. This shifts the VAT liability from the foreign supplier to the local business customer, who must self-assess and account for the VAT on their return. Platforms must maintain a record of their business customers' VAT registration numbers and be prepared to provide this list to the tax authorities upon request.

• Simplified Regime: Recognizing the administrative challenges for foreign businesses, Benin's tax administration has established a simplified VAT regime. Under this framework, non-established platforms are exempt from domestic invoicing and local recordkeeping obligations. This streamlined approach, including a straightforward online registration process, is intended to facilitate compliance and reduce the burden on foreign suppliers.

Filing, Payment, and Penalties for Non-Compliance

Compliance with the Benin e-commerce VAT regime involves a straightforward, albeit strict, process.

• Registration and Portal: Non-established digital service providers must register through a simplified online process and are assigned a Tax Identification Number (TIN). Returns are submitted digitally via the official Benin e-tax portal:https://e-services.impots.bj.

• Filing Frequency: VAT returns are due quarterly, with a deadline of the last day of the month following the end of each calendar quarter.

• Payment Currency: To accommodate international suppliers, VAT payments can be made in Benin CFA Francs (XOF), Euros (EUR), US Dollars (USD), or Chinese Yuan (CNY). Payments are typically made via bank transfer.

• Penalties: Failure to comply with these obligations can result in significant penalties. These may include fines and interest on overdue amounts, as well as the risk of audits. In cases of significant non-compliance, tax authorities can impose financial penalties that can substantially impact a business's operations and reputation. This underscores the importance for all non-established digital platforms to prioritize compliance from the outset.

Conclusion

This initiative solidifies Benin’s position as one of the pioneers in West Africa to actively tax the digital economy. It is a strategic move that not only helps to create a fair and equitable tax environment for local businesses but also serves as a vital step in broadening the country's tax base in an increasingly digital world.

The key takeaway is clear that the country is serious about taxing its digital economy and with no registration threshold, compliance is a requirement from the very first B2C sale. The simplified registration process is a welcome step, but the liability for accurate collection and reporting falls squarely on the provider. Businesses staying on top of these shifting regulations is no longer a luxury it's a core component of managing international business risk.

Sources:ENS Africa, Benin Tax Authorities