Madagascar Cross-Border Tax Guide 2026

Overview — Cross-Border Taxation in Madagascar

Madagascar's cross-border tax rules are governed by the General Tax Code (Code Général des Impôts) and various double tax treaties. The Direction Générale des Impôts (DGI) has been strengthening its international tax capacity, including participation in the OECD's Base Erosion and Profit Shifting (BEPS) Inclusive Framework. Multinational enterprises operating in Madagascar must comply with transfer pricing documentation requirements, thin capitalisation rules, and withholding tax obligations. Non-residents earning Madagascar-source income are generally subject to withholding taxes at statutory rates, which may be reduced under applicable treaties.

Transfer Pricing — OECD Guidelines

Madagascar's transfer pricing rules follow the OECD Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations. The regulations require that transactions between related parties be priced at arm's length. Related parties include companies under common control, parent-subsidiary relationships, and individuals with significant influence. Documentation requirements include a master file and local file (for groups with consolidated revenue exceeding certain thresholds). Acceptable transfer pricing methods include the Comparable Uncontrolled Price (CUP) method, Cost Plus method, Resale Price method, Transactional Net Margin Method (TNMM), and Profit Split method. Advance Pricing Agreements (APAs) are available for qualifying taxpayers. Penalties for non-compliance range from 20% to 100% of the tax adjustment plus interest.

Thin Capitalisation — 3:1 Debt-to-Equity

Madagascar's thin capitalisation rules limit the amount of interest that a company can deduct on related-party debt. The maximum allowable debt-to-equity ratio is 3:1 (debt exceeding equity by no more than 3 times). Interest on debt exceeding this ratio is disallowed as a deduction and treated as a dividend for withholding tax purposes. The rules apply to all related-party debt, including loans from foreign parent companies, sister companies, and guaranteed third-party debt. Certain long-term financing from approved financial institutions may be exempt. The DGI may also apply general anti-avoidance rules where debt arrangements lack commercial substance.

Withholding Taxes to Non-Residents

Payments to non-residents from Madagascar-source income are subject to withholding tax at the following standard rates (treaty rates may apply):

• Dividends — 25% (reduced to 5–10% under most DTTs)
• Interest — 20% (reduced to 8–10% under DTTs)
• Royalties — 20% (reduced to 10% under DTTs)
• Management & technical fees — 20%
• Branch profits remittance — 10%
• Rent (commercial property) — 20%

The person making the payment must withhold the tax and remit it to DGI within 15 days. A withholding tax certificate must be issued to the non-resident. Treaty relief requires the non-resident to provide a Certificate of Tax Residency and submit a treaty relief application.

Controlled Foreign Company (CFC) Rules

Madagascar's CFC rules (under the General Tax Code) attribute certain passive income of a foreign company to its Malagasy resident shareholders where the foreign company is controlled by Malagasy residents. A foreign company is a CFC if Malagasy residents hold more than 50% of the shares, voting rights, or entitlements to profits. The attributed income includes dividends, interest, royalties, rent, and capital gains of the CFC. The rules are designed to prevent Malagasy residents from deferring tax by earning passive income through foreign entities. Active business income of the CFC (e.g., trading, manufacturing) is not attributed. The Malagasy shareholder reports their proportionate share of the CFC's passive income in their annual tax return.

Double Tax Treaties — Practical Application

Madagascar's double tax treaties follow the OECD Model Convention. To claim treaty benefits, a non-resident must:

• Obtain a Certificate of Tax Residency from the home country tax authority
• Submit a treaty relief application to DGI
• Provide the certificate and application to the Malagasy withholding agent
• Wait for DGI approval (typically 2–4 weeks)

Treaty benefits include reduced withholding tax rates and potential exemption from CGT on certain assets. The France-Madagascar treaty is one of the most used, with 10% dividend rate and 10% interest rate. The Mauritius-Madagascar treaty provides 5% dividend rate for qualifying shareholdings. Limitation on Benefits (LOB) clauses in newer treaties restrict treaty access to genuine residents with substantial business activity in their home country.

FAQs

Do I need to register for tax in Madagascar as a non-resident investor?

Non-residents earning Madagascar-source income (e.g., dividends, interest) generally do not need to register for tax if the income is subject to final withholding tax. However, a non-resident with a permanent establishment in Madagascar must register and file corporate tax returns.

How do I claim a refund of excess WHT?

A non-resident may claim a refund if WHT was deducted at the full statutory rate when a reduced treaty rate should have applied. The refund claim is submitted to DGI with supporting documents including the treaty relief application and proof of residency.

Does Madagascar have a General Anti-Avoidance Rule (GAAR)?

Yes, the General Tax Code includes a GAAR that allows DGI to recharacterise transactions entered into for tax avoidance purposes. The GAAR applies to cross-border and domestic arrangements.

Disclaimer

This guide provides general information about Malagasy cross-border taxation for the 2026 tax year. Tax laws and treaty provisions may change. Always consult with a qualified Malagasy international tax advisor or the Direction Générale des Impôts for advice specific to your situation. InvestmentKit does not provide tax advice.