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Bhutan >>
Investment Indicators Foreign Exchange Capital Market, Property Rights

Foreign Investment Policy and Regulations

In its attempt to integrate into the world economy, Bhutan has taken steps towards encouraging and facilitating the development of the private sector. The country is in the preparation process to access to WTO and the Foreign Direct Investment Policy was introduced in 2002.

This policy replaced the previous ad-hoc system of foreign investment approval and it allows the foreign investors to hold up to 70 per cent equity, sets a minimum project size of US$ 1 million in the manufacturing sector and US$ 500,000 in the services sector, and opens up 14 sectors, including manufacturing and tourism for possible foreign participation.

Foreign direct investment (FDI) is defined as an investment made in convertible currency and where at least 20 per cent is foreign owned. This minimum requirement is aimed at protecting local cottage and small enterprises.

Investment Procedures

Investors are required to apply to the Ministry of Trade and Industry for an FDI Registration Certificate stating the conditions that must be fulfilled by the investors. This Certificate is the initial condition before investors acquire other necessary permits and licences. In addition, all commercial and industrial activities operating in the country are required to obtain an operating license from the Ministry of Trade and Industry.

All foreign investments must register with the Registrar of Companies and follow the regulations as stipulated in the Companies Act, 2000. The Ministry of Trade and Industry is in the process of establishing an FDI Facilitation Committee to assist investors in gathering investment information and obtaining necessary clearances, approvals and permits.

Investment Incentives

In September 2002, the Ministry of Finance announced tax holidays and incentives in the three following categories, of which a business entity is eligible for only one:

Tax holiday from corporate income tax (CIT) and business income tax (BIT) for newly established business entities (established between 1 January 2003 and 30 June 2007) in manufacturing industries including those in the interior regions, information technology training and vocational training institutes, hotels, schools and automechanical workshops in the interior regions; BIT/CIT exemption for export income earned in convertible currency accruing from 1 January 2003 by manufacturing industries, IT service industries and agriculture produce exporters; and Re-investment allowance for incorporated companies: 20 per cent of total reinvestment, from 1 January 2003 to 30 June 2007.

In addition, other incentives include the following:

• Sales tax and customs duty are not collected on plant, machinery and raw
materials (as mentioned in Part Two);
• CIT/BIT is to be exempt for income in convertible currency by manufacturing
industries, IT industries or services and agricultural produce; and
• The tax-deductible salary limits will not apply to incorporated companies.

Bhutan is also implementing the Bureau of Indian Standards (BIS) Certification Scheme. This Scheme aims at helping Bhutanese products find better opportunities to enter Indian markets.

Two sectors are open for foreign direct investment namely manufacturing and services:

• For manufacturing - the minimum size of investment of total project cost is US$ 1 million and the foreign investors can hold up to 70 per cent:

- Mineral processing;
- Agriculture and agro-processing;
- Forestry and wood-based industries;
- Livestock-based industries;
- Light industries including electronic industries; and
- Engineering and power intensive industries.

• For services - the minimum size of investment is US$ 500,000 and the foreign investors can hold up to 70 per cent:

- Tourism including hotels;
- Transport services;
- Roads and bridges;
- Education;
- Business infrastructure;
- Information technology;
- Financial services; and
- Housing.

All companies registered with the Ministry of Trade and Industry, and business units holding trade license issued by the Ministry of Trade and Industry are liable for corporate income tax (CIT) and business income tax (BIT).

CIT and BIT are levied at 30 per cent of the net profit of companies and businesses in each calendar year, and to be filed between January and March each year. Excise Tax is applicable to all domestically manufactured alcoholic beverages and aerated water, ranging from 20 to 60 per cent ad valorem at ex-factory price.

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