Part I: Theoretical Background
B . Implementation issues Initial compliance with qualifying conditions Initially, it must be determined whether an investor meets the
qualifying conditions. Some incentive provisions require initial
approval or another positive decision. For example, officials may need
to determine whether the investment is in a priority sector, if the investor
will meet prescribed employment or export targets and/or comply with
environmental requirements. Generally, tax authorities will require
some form of written certification of qualification. Another type of
qualifying condition requires a determination of the nature of the
investor, such as whether: the foreign participation in a joint venture
exceeds a stipulated percentage; a certain number of new jobs have
been created; a particular capital investment falls within a category
qualifying for accelerated depreciation; or imported equipment can
be classified as advanced technology. Tax authorities sometimes carry
out this verification or they can require written confirmation from
the appropriate authority or department. Another type of condition
requires a valuation of assets. For example, investors may be required
to establish that the amount invested exceeds the minimum amount
stipulated to qualify for a tax holiday or that an investment qualifies
for a tax credit of a given amount.
Reporting and monitoring continuing compliance Conditions are sometimes attached to incentives that are related to
ongoing performance, such as requirements that, throughout the tax
holiday period, a given number of jobs are maintained or a certain
percentage of production is exported. Such incentives require continual
monitoring. Although it imposes an additional administrative
burden on authorities, it does have the merit of providing the host
Government with a reasonably accurate idea of how an investment
is performing. Without a formal monitoring mechanism, investors
have little reason to make realistic projections as to the number of jobs
that will be created or the volume of exports that will be produced,
and some studies have shown large discrepancies between investor
prediction and performance. However, it is important to consider
the Government’s administrative capability to conduct the necessary
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Design and Assessment of Tax Incentives
monitoring when incentive legislation is drafted so that unnecessary
supervision is avoided.