botswana

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BOTSWANA – GATEWAY TO AFRICA AND

THE WORLD

Peter O’Halloran

Tax Partner

BDO Gaborone

DOING BUSINESS IN BOTSWANA

• The Switzerland of Africa

• Lowest tax rate in Africa

• No exchange controls

• Stable Political environment

• Low crime rate

• Roman Dutch Common Law

• Solid adherence to the ‘rule of law’

• Predominantly English speaking

• Central in the region

• Good infrastructure

• Major International Banks

Facing the Challenges of Doing Business in Africa

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BOTSWANA BUSINESS ENTITIES

• Sole Proprietorships

• Partnerships

• Private Companies

• I.F.S.C. Companies

• Innovation Hub Companies

• Public Companies

• Trusts

• Business Trusts

• Partnerships and Trusts are subject to the same common law rules that the average South

African would be used to

Facing the Challenges of Doing Business in Africa

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INCENTIVES OFFERED IN THE FINANCIAL SERVICES

SECTOR OF BOTSWANA

International Finances Services Centre of Botswana

• For Companies that will do business in the region

• No withholding taxes on dividends

• No withholding taxes on interest earned

• No withholding taxes on commercial royalties

• 15% flat rate company tax

• Work permits easily obtained

• Unilateral tax relief upon withholding or income taxes levied

Facing the Challenges of Doing Business in Africa

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BOTSWANA INNOVATION HUB

• Generous telecommunications subsidies

• Training subsidies

• Low tax rate of 15%

• Work permit exemptions

• For mining innovation

• Agricultural innovation

• Business support innovation

• Scientific

• Possible Government assistance with research

Facing the Challenges of Doing Business in Africa

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THE BOTSWANA COMPANY REGIME

• 100% foreign shareholding allowed

• One Resident Director is required

• No special rules regarding capitalisation

• Tax Consequences for mining concerns which may be undercapitalised

• For SA Taxpayers, dividends may be tax free

• Companies may be trust owned

• The Botswana International Trust

Regime is World Class

• Manufacture – 15% tax

• Local Company 22% tax

• Beware - Withholding tax

Facing the Challenges of Doing Business in Africa

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TAX RATES IN BOTSWANA

Individual – sliding scale top rate 25%

Company- Manufacturing 15%

Company- Innovation Hub

Company –IFSC

15%

15%

Company

Trust- Beneficiary Rate- Max

Withholding tax on Dividends

Dividends

CGT at Death

22%

25%/0%

7,5%

0%

0%

CGT – Land and Fixed Property

Indexed Base Cost

CGT – Companies

Death Duty

(Capital Transfer or Donation)

25% abatement

5%

Facing the Challenges of Doing Business in Africa

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DANGERS IN THE REGION

• Botswana is a safe haven

• Violent Crime statistics are low in Botswana

• Residents have security of tenure

• Rule of law

• The Botswana International Trust regime

• Provides the ideal vehicle to safeguard assets

• Admin done in Botswana, financial assets offshore

• High level of anonymity can be attained

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GABORONE

• 10% of the total population

• International Airport

• One of the fastest growing cities

• Home to SADC

• Close to SA border

• 380 Km from Johannesburg

• Diamond Hub

• Stock Exchange

• New High Court

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OPPORTUNITIES IN BOTSWANA

THE DIAMOND INDUSTRY

• Diamonds are the mainstay of the Botswana economy and the Diamond Mining Sector

Accounts for 1/3 to ½ GDP

• Per capita income of almost $ 6000 per annum

• The dominant force is the De Beers Mining

Company and Debswana. (Provides price stability and actively supports Botswana development)

• Worlds largest Gem Diamond Mine is the

Jwaneng mine, about 140 Km South west of

Gaborone

• Diamond Hub in Gaborone

• Estimated 20 odd lifespan left in the Jwaneng mine

• Other minerals are to be found and can be exploited in future

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TOURISM IN BOTSWANA

• Accounts for over 20 000 jobs

• Has not yet reached full potential

• Botswana has some of the largest game parks in Africa

• Much of the land surface is still pristine

• Revenues over $ 300 Million

• Second Largest Industry

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AGRICULTURE

• Serious Government Support for Farmers

• Farm equipment VAT exempt

• Resident Cattle Farmers, up to 300 head herd – tax free income

• Resident dry land farmers, up to 100 ha dry lands, tax free income

• A portion of the farming losses of an individual can be utilized to offset taxes

• Botswana has various trade agreements with the EU

• Southern and South Western Botswana is Beef

Country with Ghanzi noted as one of the best beef areas

• In the North, intensive agriculture is practiced, with spill points etc

• Growth area in the economy

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LEGAL MATRIX

• Roman Dutch Law is the common Law

• By virtue of Section 2 of the Botswana Independence

Act 1966

• High Courts at Lobatse, Francistown and soon in

Gaborone

• Appeal Court in Lobatse

• Close connection to the South African legal fraternity

Many of the Appeal Court Judges are Senior SA Counsel

• Companies Act, Insolvency Act very similar to that of

South Africa

• The VAT Act contains principles that are almost identical to that of South Africa

• Likewise the Income Tax Act is similar

• South African authorities are extensively used by

Counsel and High Court Judges

• Death penalty is extant

• The Constitution is less voluminous than that of SA, but private ownership is guaranteed

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COMMUNICATIONS

• Soon to be connected to the Fibre

Optic undersea cable for speed of internet access

• Well developed landline and cellular telephone systems

• Reliable Courier and Postal Services

• Inexpensive Rail services for transport of goods

• Air links to various African Countries, daily flights to South Africa

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THE BOTSWANA INTERNATIONAL TRUST REGIME

• No Exchange Controls - the trust investment is made anywhere in the world

• Non Residents are able to be listed as trustees of their Botswana International Trust

• At present trusts are regulated under the

Common Law

• Total Anonymity of beneficiaries

• Full protection of assets

• Very low or no tax for non Citizen Beneficiaries in Botswana

• The trust may be utilized in International tax and estate planning

• Gaborone is close. Meetings can be held ‘in country’

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CURRENCY

• Exchange Controls were abolished in

Botswana in 1999

• Any person who banks in Botswana can move funds and receive funds from anywhere in the world

• Resident Companies, Trusts and Individuals can hold offshore assets in any amount in any currency in any jurisdiction that they please

• The only limitations are those of the financial institutions

• It is easy for a Botswana Head Office to route money to any project and to receive money in Botswana

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BANKING SERVICES

• ABSA Life

• Bank ABC

• Bank Gaborone

• Barclays Bank

• Capital Bank

• FNB

• Stanbic Bank

• Standard Chartered Bank

• Wesbank

• Botswana is the ideal jurisdiction in the region for administration of individual or corporate financial affairs

• Because of the proximity of Gaborone to

Johannesburg, decisions can be made in

Botswana. This is highly tax efficient

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BDO BOTSWANA

• 70 Staff Members

• Professional Staff include two South African lawyers, with rights of appearance

• Value Added Services includes international estate and tax planning and wealth services

• One of the largest Trust Services outlets in

Botswana

• Full compliment of commercial services

• Gaborone 3902779 (Tel)

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