STATE
LEVEL
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.
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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.
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Foreign investors are entitled to freely employ foreign nationals, subject to
the labor and immigration laws in B&H.
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Foreign investors are entitled to transfer abroad, freely and without delay, in
convertible currency, proceeds resulting from their investment in B&H
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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.
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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.
Customs
benefits
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).
From
the payment of import duties are exempted: production equipment that are not
produced in Bosnia and Herzegovina, imported for the new or expansion of
existing production, modernization of production, the introduction of new or
modernization of the existing production technology, and carrying out the
direct manufacturing activity
From
the payment of import duties are exempted, on the production assets and other
equipment belonging to the company which definitively ceases activity in
another country and transfers to the customs territory of Bosnia and
Herzegovina in order to carry out similar activities.
If
the company that is moving is the farm, the animals on it are also exempted
from import duties on importation.
In
order to enjoy the benefit for foreign investor, he 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,
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proof of registration of the investment at the competent authority,
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specification of equipment with tariff number, tariff mark (with quantity
indication), single and total value, certified by the investor,
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statement of the investor that the equipment is not older than 10 years age
limit,
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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. Users of the free zone do not pay VAT and import duties on
the equipment that will be used for production. Investments in free zones,
profit transfer and investment transfer are free. 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.
ENTITY
LEVEL
In Federation of B&H
Tax Incentives
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.
Other incentives
Federal Ministry of Development, Entrepreneurship and Crafts
www.fmrpo.gov.ba
The public call is
announced annually and supports micro and small businesses (up to 49
employees). Some of the funding topics are:
- incentives for newly
established small business entities
- youth entrepreneurship
- women's
entrepreneurship
- introduction of ISO;
CE, HACCAP
- support for
strengthening the competitiveness of exporters
Federal Ministry of Energy, Mining and
Industry
www.fmeri.gov.ba
A
public call is published annually, which defines the lines of support, eligible
applicants and projects. Funds are placed through:
-
Credit guarantee fund
Federal Ministry of Agriculture, Water
Management and Forestry
https://fmpvs.gov.ba/
A
public call is published annually, which defines the lines of support, eligible
applicants and projects. Funds are placed through:
-
Support for the development of agriculture
Federal Ministry of Environment and Tourism
https://www.fmoit.gov.ba
A
public call is published annually, which defines the lines of support, eligible
applicants and projects. Funds are placed through:
-
Development of tourism
-
Support to the hospitality sector
Development Bank of the Federation of
Bosnia and Herzegovina
https://rbfbih.ba/
The
bank has formed loan products for companies, and the funds are placed through:
-
Long-term loans
-
Short-term loans
-
Guarantee fund
-
Projects with foreign donors for the competitiveness of domestic companies
The
loan is realized throughout the year
Environmental Protection Fund
https://fzofbih.org.ba
A
public call is published annually, which defines the lines of support, eligible
applicants and projects. Fund funds that can be used by companies for:
-
Environmental protection projects
- Waste management projects
- Energy use improvement projects
Federal Employment Agency
www.fzzz.ba
Annually,
it publishes employment support programs and can offer funding opportunities
for larger employers in retraining programs.
The
Institute's annual public calls include the following employment co-financing
programs:
-
"First work experience" program – employment of unemployed persons up
to 30 years of age;
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Program "Opportunity for all" – employment of all categories of
unemployed, regardless of age, education, gender;
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Program "Periodic/seasonal employment" – seasonal employment of all
categories of unemployed;
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"Job Voucher" program – help with (self)employment of long-term
unemployed persons.
-
Fund for professional rehabilitation and employment of persons with
disabilities
- https://fond.ba/
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Annually publishes a call for co-financing of employment and self-employment of
persons with disabilities
Support System
for Improving Entrepreneurial Infrastructure
The support system
for improving entrepreneurial infrastructure focuses on enhancing business
activities in entrepreneurial zones, support institutions, and technology-entrepreneurial
centers, according to the following priorities:
a) Improving conditions for
entrepreneurial infrastructure to attract domestic and foreign investments;
b) Creating a favorable business
environment for smart industry (Industry 4.0);
c) Promoting entrepreneurship in new
technologies and green entrepreneurship;
d) Strengthening the competitiveness
of entities within the entrepreneurial infrastructure;
e) Increasing the number of employees
and business entities;
f) Encouraging the internationalization
of business operations.
Based on the
Development Strategy of the Federation, the policies of the Federation
Government, and in accordance with the analysis of the state of entrepreneurial
infrastructure, an Incentive Program for the Development of Entrepreneurial
Infrastructure in the Federation is proposed for each calendar year.
The Program must
include an overview of the state and trends in entrepreneurial infrastructure,
as well as goals and measures to be implemented through development projects.
Development
projects must include the project name, the amount of funds required for
project implementation, project goals, criteria for fund allocation, category
of fund recipients, projection of the desired state at the end of the project period,
implementation deadlines, and indicators for monitoring and evaluation.
Incentives at the cantonal level
Depending
on the purpose, i.e. activities, some of the usual incentives at the cantonal
level in the Federation of Bosnia and Herzegovina, for which companies can
apply, are:
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Incentives for economic development
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Incentives for newly founded companies
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Incentives for the development of entrepreneurship and the launch of new
start-up companies
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Incentives for co-financing of unemployed persons
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Incentives for retraining and additional training of unemployed persons and
education
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Support for co-financing interest on investment loans, loans for working
capital, loans for closing/reprogramming investment loans, financial leasing
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Incentives for the development of entrepreneurial infrastructure
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Subsidies to private companies and entrepreneurs for participation in fairs and
exhibitions:
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support to companies in completing the implementation of internationally
recognized standards and quality
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Support for export development
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Incentives for the development of tourism
In Republic of Srpska
The Law on Economic Incentives of the Republic of Srpska
(“Official Gazette of the Republic of Srpska”, No. 107/24) provides for
incentive funds aimed at economic development.
1.
Incentives for
Investments of Special Importance
According to the currently valid Regulation on the Procedure
for Awarding Incentives for Investments of Special Importance (“Official
Gazette of the Republic of Srpska”, Nos. 87/22, 56/23), such investments refer
to projects that achieve the following:
1.
Employment of at least 100
workers or investments of at least 10,000,000 BAM in tangible and intangible
assets in developed and moderately developed local self-government units.
2.
Employment of at least 50
workers or investments of at least 5,000,000 BAM in tangible and intangible
assets in underdeveloped and severely underdeveloped local self-government
units.
3.
Applications for incentives can be submitted year-round to the
Ministry of Economy and Entrepreneurship. Besides the investment amount and/or
number of employees, the applicant must meet additional criteria: the average
wage at the economic entity during the entire project must be equal to or
higher than the average wage in the Republic of Srpska for the previous year;
the equipment being procured must be mostly new or no older than 3 years; the
investor must have an appropriate credit rating; and the project must
positively impact local community development and the Republic of Srpska’s
economy (e.g., cooperation with the education system, employing as many local suppliers
as possible, etc.).
Incentives granted under this category include reimbursement of
taxes and contributions on newly employed workers (up to 24 months) and up to
30% of eligible investments in tangible assets.
2.
Incentives for
Increasing Employees’ Salaries
In accordance with the Regulation on Awarding Incentives for
Increasing Employees’ Salaries (“Official Gazette of the Republic of Srpska”,
No. 4/25), incentives for salary increases apply to part of the funds based on
higher paid contributions resulting from increased employee salaries during the
accounting period. (Certain activity categories are excluded from eligibility.)
If an economic entity meets the general and specific conditions outlined in the
Regulation, it is entitled to an incentive calculated individually per
employee, equal to 70% of the higher paid contributions on the salary increase
during the accounting period compared to the contributions paid on the initial
salary amount. The incentive per employee cannot exceed 1,000 BAM in the
accounting period.
3.
Incentives for
Investments (for technological advancement and transition to green and circular
economy)
This type of incentive is regulated by the Regulation on
Awarding Investment Incentives (“Official Gazette of the Republic of Srpska”,
16/25). The minimum value of investments by an economic entity is 50,000 BAM
excluding VAT, and the total amount that one economic entity can receive over
three years is limited by the allowed “de minimis” aid threshold.
Tax Incentives
The Corporate Income Tax Law of the Republic of Srpska (“Official Gazette of
the Republic of Srpska”, Nos. 94/15, 1/17, 58/19, 48/24) stipulates that
taxpayers investing in equipment and facilities for performing registered
manufacturing activities in the Republic of Srpska have the right to reduce
their tax base by the value of the investment.
The Personal Income Tax Law (“Official Gazette of the Republic of Srpska”, Nos.
60/15, 5/16, 66/18, 105/19, 49/21, 56/22, 112/23, and 110/24) contains
favorable provisions for investors, including the abolition of dividend tax.
Exemption from Import Duties
Article 207 of the Customs Policy Law in Bosnia and Herzegovina (“Official
Gazette of BiH”, No. 58/15) regulates exemptions from import and export duties.
Import duty exemptions apply to:
·
Equipment imported for
investment purposes by foreign entities, except passenger vehicles, amusement
machines, and gambling devices;
·
Production equipment
imported for new or expanded production, modernization of production, introduction
of new or modernization of existing production technology, used directly in
manufacturing activities;
·
Production means and other
equipment belonging to companies ceasing their activity in another country and
relocating to Bosnia and Herzegovina to conduct similar activities.
Employment Incentives by the Employment Service
The Employment Service of the Republic of Srpska implements various employment
programs in accordance with the Employment Strategy of the Republic of Srpska
2021-2027. The Government annually adopts employment action plans based on the
strategy. The 2025 action plan has yet to be adopted but is expected to focus
on employment in the economy and private sector and on difficult-to-employ and
vulnerable categories.
The 2025 Republic of Srpska budget allocates 10 million BAM to the Employment
Service for employment programs in the economy (5 million BAM) and employment
and self-employment of vulnerable groups and labor market improvement (5
million BAM).
More information: https://zzzrs.net/
Ministry of Economy and Entrepreneurship Incentives
More information: https://vladars.rs/sr-SP-Cyrl/Vlada/Ministarstva/mpp/Pages/default.aspx
Ministry of Agriculture, Forestry and Water Management
Incentives
Each year, the Ministry issues a Rulebook on Conditions and Procedures for
Granting Cash Incentives for Capital Investments in Agricultural Production,
which regulates eligibility, application procedures, types, amounts, and
methods of payment, obligations of recipients, deadlines, and required
documentation. Funds are allocated through public calls managed by the
Agricultural Payments Agency of the Republic of Srpska.
The Agency also distributes annual incentives for agricultural development and
rural areas based on specific regulations.
More information: https://vladars.rs/sr-SP-Cyrl/Vlada/Ministarstva/mps/Pages/default.aspx
https://vladars.rs/sr-SP-Cyrl/Vlada/agencije/aap/Pages/default.aspx
Ministry of Energy and Mining Incentives
More information: https://vladars.rs/sr-SP-Cyrl/Vlada/Ministarstva/mper/Pages/default.aspx
Guarantee Fund of the Republic of Srpska
Established to facilitate access to financial resources by issuing guarantees
to economic entities for project realization. Applications can be submitted
directly or via commercial banks.
More information: https://garantnifondrs.org/
Environmental Protection and Energy Efficiency Fund of the
Republic of Srpska
Annually publishes open calls for environmental protection projects,
co-financing programs in environmental protection, energy efficiency, and
renewable energy sources.
More information: https://ekofondrs.org/
Investment-Development Bank of the Republic of Srpska
Offers credit lines including start-up business loans, micro-enterprise loans
in agriculture, loans for entrepreneurs and companies, agricultural loans, and
support and recovery loans for micro, small, and medium enterprises.
More information: https://irbrs.org/
Register of Incentives of the Republic of Srpska
An electronic database of economic incentives awarded at both the republic and
local levels. The register aims to improve coordination and information
exchange between institutions, provide public access to available incentives,
and serve as a reliable statistical base for government bodies. Institutions
responsible for granting incentives input their data, while the Ministry of
Economy and Entrepreneurship administers the register in accordance with the
Law on Economic Incentives of the Republic of Srpska and the Regulation on the
Register of Incentives.
More information: https://regpodsticaja.vladars.rs/home/o-registru
Besides republic-level incentives, numerous local incentives
exist, varying by municipality or city (e.g., favorable land prices in
industrial zones, exemption from land development fees in zones, reduced land
development costs, advisory services, etc.).
Brcko District
Law
on Incentives to Economic Development of Brcko District ensures:
-
Exemption from utility fees for displaying the company
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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
- The
costs of connection to the power grid are borne by the employer, and the Brčko
District of BiH refunds the paid dedicated fees (taxes) and connection services
for the right to connect to the power grid based on the Law in the maximum
amount of up to 10,000 KM during one calendar year.
-
Compensation for salary for maternity leave in amount of 100%
- The
legal measure to encourage the employment of new workers foresees the
substituting employers in the amount of 5,000.00 KM for the new employment of
persons with secondary school and a lower level of vocational education and in
the amount of 7,000.00 KM for the employment of persons with a higher education.
Tax incentives:
- 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
- For taxpayers who hire new employees
for an indefinite period during the tax year, the tax base is reduced by the
amount of the gross salary paid to the newly hired employees.
- 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, in accordance with the Income Tax Law of
the Brcko District of Bosnia and Herzegovina, provided that the difference
between the amount of profit tax or income tax, and made supply cannot be
transferred to next year
When a taxpayer, in the year for which
the profit tax is assessed, generates from export certain percentage of total
profit, then the taxpayer is exempted from paying certain amount profit tax.
-For machines subject to depreciation,
the taxpayer is allowed to use the accelerated depreciation calculation.
Development-Guarantee
Fund of the Brcko District of BiH (DGFBD of BiH)
Guarantees are granted to small and
medium sized enterprises (MSEs) and individual farmers. Loans have maximum
guarantee set at BAM 50.000 (50%), repayment period is 60 months . Subsidizing
Interest Rates Through the DGFBD of BiH the program of subsidizing a part of
the interest rate on loans to companies and entrepreneurs in the Brcko
District. In the Budget of the Brcko District of BiH BAM 1.800.000 are
allocated annually for these purposes.