The Investment Code provides for attractive customs and tax exemptions for the benefit of investors who present to ANAPI their investment projects (Business Plan), once the project is approved by ANAPI within a period not exceeding 30 days, the investor benefits from the customs, tax and parafiscal advantages hereafter:
- Exemption from import duties and taxes on machinery, materials and equipment (excluding the administrative tax of 2% and VAT (to be paid upstream by the promoter, but to be reimbursed by the Tax Administration).
- Exemption from corporate income tax
- Exemption from property tax
- Exemption from proportional rights when creating SARLs or increasing their share capital.
The duration of the advantages granted is 3, 4 or 5 years depending on the economic region where the investment is located:
- 3 years: economic region A (Kinshasa, the Capital);
- 4 years: economic region B (Bas-Congo, cities of Lubumbashi, Likasi, Kolwezi);
- 5 years: economic region C (everywhere else).
A decree of the Prime Minister has just been promulgated since 1 November 2012 on measures to implement the Investment Code. This text insists on the investor benefiting from the advantages resulting from the approval of his project within the legal period of 30 days and sets up the mechanism as after this 30-day period, the approval is deemed to have been granted. Consequently, the financial agencies are bound to make the investor enjoy all the customs, tax and para-fiscal advantages provided for by the Investment Code, in view of the receipt of the file submission signed by ANAPI’s General Manage
Besides, in order to facilitate the investment materialization, the approval decision taken by ANAPI (not yet approved by the Interministerial Order / Plan and Finances) can, if necessary, be presented by the investor to the customs administration, for the authorized removal of the approved equipment, materials and tools.
The conditions for accessing the benefits of the Investment Code are simple. They are as follows:
- Constitute an economic entity under Congolese law;
- The overall cost of the planned investment (all expenses included) must be at least USD 200,000 (or at least USD 10,000 for SMEs);
- Commitment to respect environmental regulations;
- Commitment to comply with labor regulations;
- The investment must guarantee a rate of added value of at least 35%.