Law on the Policy of Foreign Direct Investments of Bosnia and Herzegovina (Official Gazette of B&H, 17/98, 13/03, 48/10 and 22/15) ensures:
- National treatment of foreign investors, i.e, foreign investors have the same rights and obligations as residents of B&H.
- Foreign investors are entitled to open accounts in any commercial bank in domestic and/or any freely convertible currency on the territory of B&H.
- Foreign investors are entitled to freely employ foreign nationals, subject to the labor and immigration laws in B&H.
- Foreign investors are entitled to transfer abroad, freely and without delay, in convertible currency, proceeds resulting from their investment in B&H
- Foreign investors may own real estate in B&H. Foreign investors enjoy the same property rights in respect to real estate as B&H legal entities.
- Foreign investors are protected against nationalization, expropriation, requisition or measures having similar effects; such measures may take place only in the public interest in accordance with the applicable laws and regulations and against the payment of an appropriate compensation, i.e. compensation that is adequate, effective and prompt.
- The rights and benefits of foreign investors granted and obligations imposed by the Law on the Policy of Foreign Direct Investment (mentioned above) cannot be terminated or overruled by subsequent laws and regulations. Should a subsequent law or regulation be more favorable to foreign investors, the investor will have the right to choose the regime by which the investment will be regulated.
Equipment of the foreign investor being imported as part of share capital is exempt from paying customs duties (with the exception of passenger vehicles, slot and gambling machines). In order to enjoy this benefit, the foreign investor should submit a written request for exemption from paying import duties to the competent customs authority (according to the place of seat of the company) along with the following documents:
- contract or other relevant document about the investment on the basis of which the equipment is being imported,
- proof of registration of the investment at the competent authority,
- specification of equipment with tariff number, tariff mark (with quantity indication), single and total value, certified by the investor,
- statement of the investor that the equipment is not older than 10 years age limit,
- Certificate of the competent institution confirming that the imported equipment complies with the environmental and employment protection standards.
The Customs Office issues a decision within 15 days upon submission of the request.
Free trade zones
Free trade zones in B&H are part of the customs territory of B&H and have status of legal entity. According to the Law on Free Trade Zones of B&H, free trade zone founders may be one or more domestic and foreign legal entities or natural persons. The free zone establishment is considered economically justified if the submitted feasibility study and other evidence can prove that the value of goods exported from a free zone will exceed at least 50% of the total value of manufactured goods leaving the free zone within the period of 12 months.
In Federation of B&H:
Law on Corporate Income Tax enables foreign investors to enjoy the following benefits
- The taxpayer who invests, from its own funds, in production equipment more than 50% of the total profit in the current tax period, shall be reduced of the obligation of the calculated tax for 30% of the amount in the year of investment.
- The taxpayer who in a period of 5 consecutive years makes investments from its own funds, in the total amount of 10 million €, starting with the first year when taxpayer has to invest at least 2 million €, shall be reduced of the obligations of the calculated income tax for 50% of the amount in the year of investment.
- The taxpayer is entitled to a tax-deductible expense in the double amount of the gross wage paid to newly employees if meets the following conditions:
- duration of the employment contract must be at least for a period of 12 months with full-time working hour
- new employee was not employed with the taxpayer or a related person in the previous five years.
In Republic of Srpska:
Law on Profit Tax RS introduced tax base reduction in the value of investment for:
- Investment in equipment intended for the company production activity
- Investments in plants and immovable property used for manufacturing and processing activities
And tax base reduction in amount of paid personal income tax and mandatory contribution for the employer:
- Employing 30 workers during a calendar year (workers who were on the official evidence of Employment Office of RS).
Brcko district incentives
Law on Incentives to Economic Development of Brcko District ensures:
- Exemption from utility fees for displaying the company
- Compensation of court fees for registration of a business entity and the change entry in the register for newly established enterprises and entrepreneurs
- Compensation of expenses of connection to power, water and sewage network
- Compensation of paid fees necessary for obtaining the location conditions, building permits and approvals for the use of the facility
- Compensation of expenses in amount of the difference in price of electricity and water paid by the company and the price paid by households
- Compensation for paid employment contribution in the total amount for newly employed persons
- Compensation for salary for maternity leave in amount of 100%
- Stimulation of the employer in amount of 50% of total duties for health insurance of newly employed workers from the moment of obtaining the benefit
- Compensation for amount of new investments invested in purchase of fixed assets and up to the amount of determined and paid profit tax or income tax in period for the year in which purchases of fixed assets was made, provided that the difference between the amount of profit tax or income tax, and made supply cannot be transferred to next year
UK-BOSNIA AND HERZEGOVINA TRADE AND INVESTMENT FORUM 19TH SEPTEMBER, 2017, LONDON REGISTRATION - For further information regarding registration and costs, please contact rebecca. isaacs@ developingmarkets.com