The Investment Code provides tantalizing customs and tax exemptions to investors who submit their investment projects to ANAPI (business plan), once the project is approved by ANAPI, the investor benefits for a period not exceeding 30 days from the customs, fiscal and para-fiscal advantages below :
- Exemption from duties and taxes on imports of machinery, materials and equipment (excluding administrative fee of 2% and VAT (to be paid upstream by the promoter, but to be reimbursed by the tax authorities) ;
- Tax exemption on profits ;
- Exemption from property tax ;
- Exemption from ad valorem duty on the setting up of LLC or increase of their share capital.
The duration of benefits is 3, 4 or 5 years depending on the economic region where the investment is located :
- 3 years : Economic Region A (Kinshasa, the capital City) ;
- 4 years : Economic Region B (Kongo Central, cities of Lubumbashi, Likasi, Kolwezi) ;
- 5 years : Economic Region C (the rest of the country).
A decree from the Prime Minister has been promulgated since 1 November 2012 on measures enforcing the Investment Code. This text emphasizes the benefit the investor gets from the approval of his project within the statutory period of 30 days and sets up the mechanism that approval is deemed granted after a period of 30 days. Consequently, the financial authorities should have the investor enjoy all customs, fiscal and para-fiscal benefits provided for by the Investment Code, in view of the receipt of deposit of file signed by the Managing Director of ANAPI.
Furthermore, to facilitate implementation of the investment, the approval decision taken by ANAPI (not yet approved by the Interministerial Decree / Planning and Finance) may, if necessary, be made by the investor to the customs administration for the authorized removal of equipment, materials and approved tools.
The requirements to access the benefits of the Investment Code are simple. They are :
- be an economic entity under Congolese law ;
- The total cost of the planned investment (all expenses) must be at least $ 200,000 (or at least $ 10,000 for SMEs / SMIs) ;
- Commit to comply with environmental regulations ;
- Commit to observe working regulations ;
- The investment should ensure a value-added rate of at least 35%.