Important Reminder: Article 103 of the new ACR (600-2024) concerning the 15% Advance Payment

Important Reminder

Compared to the previous regulations, Article 103 of the new ACR (pursuant to Decision No. 600-2024) introduces a fundamental change in the method of releasing the advance payment to the contractor. Accordingly, the 15% advance payment has been divided into three parts and is paid to the contractor in stages as follows:

• 5% of the total value of the contract to be released to the contractor upon the official site handover.
• 5% of the total value of the contract upon approval of the construction time schedule by the project owner or by the appointed consulting office.
• 5% of the total value of the contract upon completion of the temporary facilities at the jobsite (contractor's site office, warehouse, workshop, etc ).

Viable Solution: Because each instalment demands specific guarantees and missing any milestone suspends subsequent payments, a practical approach is to apply for the advance payment only after successfully completing all three stages.

Below is the link to the English translation of ACR 600-2024 (Google Drive):

https://drive.google.com/drive/folders/1_VsRnlCqN5cOcPZVbOKZY-lnlVueBBcC?usp=drive_link

Note: The available English translation is provisional and intended for informational purposes only; it may not completely reflect the source text with precision. A finalized version is currently being prepared for upload. Should you require an official, accurate translation of particular Articles, please contact me, and I will fulfill your request expeditiously.

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Overview: “compulsory” and “optional” insurance policies for international construction companies carrying out projects in Libya

Contractor All Risk (CAR) insurance policy  (compulsory):

Pursuant to Article 105* (paragraph 1) of the new ACR 600-2024, the risks covered under an All Risks Contractors’ Insurance policy (as approved by insurance companies in Libya) are divided into two main categories covering property damage and legal liability:

Section I: Property Damage 

This section covers sudden and unforeseen losses or damage to insured property (project works, materials, and equipment) at the job site:

• Force Majeure Risks: Acts of God that are difficult to control (such as storms, floods, and earthquakes).
• Ordinary Risks: Incidents resulting from errors or operational conditions, such as fire, theft, and burglary.
• Accidental Human Risks: Unintentional negligence, misuse, or accidents resulting from inexperience during execution.

Section II: Third-Party Liability

This section covers financial compensation that the contractor is legally obligated to pay as a direct result of incidental damages caused by the project to third parties:

• Bodily injury: Death or accidental injury sustained by individuals who are not employed on the project.
• Property Damage: Accidental damage to or loss of third-party property and assets resulting from the contractor’s work.

Note: Depending on the nature and scope of the project, the project owner may require additional insurance policies in addition to the CAR policy; for example, a General Liability insurance policy.

(*) Download link: https://drive.google.com/drive/folders/1_VsRnlCqN5cOcPZVbOKZY-lnlVueBBcC?usp=drive_link

Workplace injury insurance for workers with work/residency permit (compulsory):

Monthly premiums are paid to the Social Security Fund (SSF), a Libyan government agency; therefore, under current laws, the SSF is responsible for medical treatment and compensation costs arising from workplace accidents.

As of 2022, the Libyan government requires foreign workers to obtain an Accident Insurance Policy from a private insurer to secure their work and residence permits. Consequently, the Social Security Fund (SSF) is effectively exempt from this liability, and all workplace accident expenses and compensations are covered by private insurance companies. Nevertheless, the SSF continues to collect monthly insurance premiums covering workplace accidents.

Due to an agreement reached by the Libyan Ministry of Labor, the insurance policy in question can only be obtained from the “International Insurance Company”.

Motor Vehicle insurance policy (compulsory):

Pursuant to Law No. 28 of 1971, all vehicles traveling on public roads are required to have third-party liability insurance. This mandatory insurance covers legal liabilities arising from traffic accidents to protect pedestrians and passengers.

Comprehensive (Private) Motor Vehicle insurance policy (optional):

Damage and Accidents: Covers the cost of repairs to your vehicle following an accident.

Theft and Fire: Provides coverage for property damage in the event your vehicle is stolen or suffers fire damage.

Third Party: Covers injuries, death, or property damage to other people.

Contractor's Plant & Machinery (CPM) insurance policy (optional):

This policy covers heavy construction equipment against damage resulting from accidents that may occur while the equipment is idle, in operation, or undergoing maintenance, as well as against theft and natural disasters. Local insurance companies offer this coverage to protect machinery such as bulldozers, cranes, loaders, and the like from force majeure events and construction site hazards.

Goods-In-Transit insurance policy (optional):

A road freight insurance policy in Libya is a policy that protects your goods and shipments against risks associated with transportation (such as accidents, overturning, or fire). The insurance coverage is valid from the point of loading to the final destination.

Personal Injury insurance policy for short-visit to Libya (optional):

Private insurance companies offer personal accident insurance policies that are valid for the duration of the visitor’s short stay in Libya.

Please ensure you only deal with licensed insurance companies that are members of the Libyan Insurance Federation. A complete list of these authorized companies can be found in the link below:

https://insurancefed.ly/pages/members.html

Overview: Corporate Tax for Libyan Branches of International Construction Companies and Engineering Design / Technical Consulting Bureaus

Corporate Income Tax for Branches of Foreign Construction Companies and Technical Consulting / Engineering Design Companies

Overview

• In Libya, branches of foreign construction companies are required to follow the accrual basis of accounting. This is mandatory, even though Income Tax Law No. 7-2010 allows general taxpayers to choose between the accrual and cash basis methods for determining their annual net income.

• Annual corporate income tax rates in Libya: The annual corporate income tax rate for branches of foreign construction companies in Libya is 20% (see Articles 63 and 70 of the Income Tax Law No. 7-2010*).

• In Libya, the maximum corporate income tax rate for foreign design and engineering consulting firms can reach 40%. These entities are generally taxed on a "presumed profit" basis rather than actual net income. Because a significant portion of their expenses occurs outside Libya, the Libyan Tax Authority applies a presumed profit margin ranging from 25% to 40% of total revenue earned within the country.

• Deadline for Filing the Return: The return must be filed by the end of the official business day on the last day of the fourth month following the month in which the corporate income tax reporting period ends (April 30).

• Penalty for Failure to File a Tax Return on Time: If a taxpayer fails to file a tax return without a valid excuse, the taxpayer will be subject to a fine equal to the amount of tax due according to the final calculation (doubled at a rate of 100 percent).

• In the event of a late payment: For each delay lasting one month or part thereof, a penalty equal to 1% of the tax amount due will be imposed (up to a maximum of 12%).
• The taxpayer must either pay the assessed tax or file a formal objection within 45 days of receiving the tax assessment notice.

• Under Libyan tax law, corporate income tax (CIT) exceeding 100 LYD is paid in four equal quarterly installments. These payments are remitted directly to the Libyan Tax Authority, which operates under the Ministry of Finance. Installment Deadlines:
  • First Installment: March 10
  • Second Installment: June 10
  • Third Installment: September 10
  • Fourth Installment: December 10
  For instance, if a tax assessment notice is issued on July 17 and the taxpayer accepts it without objection, the first installment becomes due on the next scheduled payment date, which is September 10.
• The State's right to collect taxes is NOT subject to a statute of limitations  (https://libyabulteni.blogspot.com/2025/07/gnu-hukumetine-bagli-maliye-bakanligi.html).

(*) Below is the link to download Income Tax Law No. 7-2010 (Google Drive): 

https://drive.google.com/drive/folders/1_VsRnlCqN5cOcPZVbOKZY-lnlVueBBcC?usp=drive_link

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