Laos: Stock market tax incentives

International Tax Review is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2024

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Laos: Stock market tax incentives

harrison.jpg

Daniel Harrison

In what is undoubtedly an effort to promote the growth of Laos' first and only capital market, the regulators have introduced key tax incentives related to investment associated with the Lao Securities Exchange (LSX). While there are only two companies listed on the stock exchange, there is an expectation that a handful of other entities will list in the near future. The two companies listed are EDL-Generation Public Company (EDL-Gen), a subsidiary of the state-owned energy company, Electricite du Laos (EDL), and Banque Pour Le Commerce Exterieur Lao Public (BCEL), the largest bank in Laos.

As touched on in a previous article (December/January 2013), from January 1 2013 – transitional measures aside – Laos instated a general profit tax rate of 24% for domestic and foreign entities alike; a reduction from 28% previously, and 35% before that.

Additionally, in an effort to fast-track listings on the recently established LSX, companies floating on the exchange will enjoy a profit tax rate reduction of five percentage points (a tax rate of 19%) for a period of four years from the date of registration on the LSX, under article 29 of the Amended Tax Law (No. 05/NA, dated December 20 2011).

Further to the profit tax rate reduction of companies listing on the exchange, under article 46 of the Amended Tax Law, dividend distributions and profit derived from share sales of companies listed on the LSX are non-taxable income. Ordinarily, dividend distributions and profit on the sale of shares are both subject to income tax at the rate of 10%, for both domestic and foreign investors – with the tax collected via withholding.

These incentives sound great on paper, but what do they mean in real financial terms for investors? Below are two very simple comparisons between an investment in a listed and non-listed company, ceteris paribus.

Comparison A

Assuming an initial investment of $1,000, with a modest return on equity (ROE) of 15%, a dividend payout ratio of 100% and modest capital growth of 10%, the financial benefits of the tax incentives can be illustrated as shown in Table 1.

Table 1


Non-listed

Listed

Investment

$

1,000

$

1,000


Net (operating) profit before tax

$

150

$

150

Profit tax rate


24%


19%

Net (operating) profit after tax

$

114

$

122


Dividend paid

$

114

$

122

Income tax rate


10%


0%

Net dividend after tax

$

103

$

122


Proceeds from sale of investment

$

1,100

$

1 ,100

Less: Initial investment

$

-1,000

$

-1,000

Profit on sale of investment

$

100

$

100

Income tax rate


10%


0%

Profit on sale of investment after tax

$

90

$

100


Total net income from investment





Dividend

$

103

$

122

Capital growth

$

90

$

100


$

193

$

222


Total after-tax return on initial invesment


19.26%


22.15%


Additional after-tax return on initial investment




2.89%

Comparison B

For the same initial investment of $1,000, if the ROE is increased to 20%, the dividend payout ratio remains at 100% and capital growth is increased to 15%, the financial benefits of the tax incentives are compounded. See Table 2.

Table 2


Non-listed

Listed

Investment

$

1,000

$

1,000


Net (operating) profit before tax

$

200

$

200

Profit tax rate


24%


19%

Net (operating) profit after tax

$

152

$

162


Dividend paid

$

152

$

162

Income tax rate


10%


0%

Net dividend after tax

$

137

$

162


Proceeds from sale of investment

$

1,150

$

1,150

Less: Initial investment

$

-1,000

$

-1,000

Profit on sale of investment

$

150

$

150

Income tax rate


10%


0%

Profit on sale of investment after tax

$

135

$

150


Total net income from investment





Dividend

$

137

$

162

Capital growth

$

135

$

150


$

272

$

312


Total after-tax return on initial invesment


27.18%


31.20%


Additional after-tax return on initial investment




4.02%

While equities trading is still a relatively new concept in Laos, these favourable tax breaks coupled with the efforts of the LSX and its registered brokers to educate potential investors, along with companies' growing demand for greater access to capital raising avenues, should ensure the rapid transformation of equities investment in Laos.

Daniel Harrison (daniel.harrison@vdb-loi.com)

VDB Loi

Tel: +85 62 145 4679

Website: www.vdb-loi.com

more across site & bottom lb ros

More from across our site

ITR’s most interesting stories of the year covered ‘landmark’ legal battles, pillar two, AI’s relationship with transfer pricing and more
Chinwe Odimba-Chapman was announced as Michael Bates’ successor; in other news, a report has found a high level of BEPS compliance among OECD jurisdictions
The tool, which will automatically compute amount B returns, requires “only minimal data inputs”, according to the OECD
The rules are intended to implement the substance of an earlier OECD report in its entirety
While new technology won’t replace the human touch, it could help relieve companies’ staffing issues, EY’s David Helmer and Daren Campbell tell ITR
The firm said the financial growth came from increased demand for its AI services and global tax reform advice
Chrystia Freeland had also been the figurehead of Canada’s controversial digital services tax adoption, which stoked economic tensions with the US
Panama has no official position on pillar two so far and a move to implement in Costa Rica will face rejection, experts tell ITR
The KPMG partner tells ITR about Sri Lanka’s complex and evolving tax landscape, setting legal precedents through client work, and his vision for the future of tax
Overall turnover at the firm also reached a record £8 billion; in other news, Ashurst and Dentons announced senior tax partner hires
Gift this article