Tax and Duty Incentives
The DDFI automatically awards all approved foreign investors an
incentive tax rate of 20 percent, compared to the general tax rate
of 35%. Unlike most other countries, this 20 percent rate applies
to foreign investment in all sectors of the economy and does not
depend on company or performance. Foreign investors must pay a 10
% dividend withholding tax. Foreign investors and expatriate
personnel pay a flat 10 % personal income tax.
There is a minimum tax on all companies (unless tax holidays
are granted) of 1% of turnover, i.e., foreign-owned companies pay
either 20 % tax on profits or 1 % tax on turnover, whichever is
greater. In special cases, primarily for hydroelectric projects or
resource-based development projects, tax holidays can be
negotiated.
As an incentive to all foreign investors, a duty of only 1 % is
charged for imports of capital equipment, spare parts, and other
means of production. No duties or import turnover taxes are
payable on any imported inputs for export production. Foreign
investors whose products substitute for imports can negotiate
incentive duties and turnover taxes on imported inputs on case by
case basis.
At present, an administrative ruling of the Minister of Finance
allows all imports subject to incentive duty rates to be free of
turnover tax and excise tax. Producers, whose output is sold on
both the domestic and export markets, pay no duty on the inputs
for export production and a negotiated rate on inputs for import
substituting production. This simple system obviates the necessity
of instituting cumbersome duty drawback systems or creating free
trade or export processing zones.
In the future, however, the government may move to a system in
which foreign investors face the same tax and tariff incentives as
do domestic investors. Under this system, investment in
"promoted industries" would receive tax and duty
reduction incentives, but investment in other sectors would pay
the normal corporate profit tax, turnover tax and duty rates.
Non-tax incentives
The government provides the following incentives to all foreign
investors:
- Permission to bring in foreign nationals to undertake
investment feasibility studies.
- Permission to bring in foreign technicians, experts, and
managers if qualified Lao nationals are not available to work
on investment projects.
- Permission to lease land for up to 20 years from a Lao
national and up to 50 years from the government.
- Permission to own all improvements and structures on the
leased land, transfer leases to other entities, and permission
to sell or remove improvements or structures.
- Facilitation of entry and exit visa facilities and work
permits for expatriate personnel.
The government also offers guarantees against nationalization,
expropriation, or requisition without compensation.
Under the FI Law, the government does not offer incentives of
import protection (in the form of increasing duties or banning
imports) for import substituting investments and it does not
provide measures to restrict further entry to reduce competition
for current investors. The policy of not reducing market
competition as an incentive for investors is not a feature of the
foreign investment systems of most other countries, such as
Thailand and Vietnam, in the region.