Opinion

Tax certainty, not tax holidays, will decide Bangladesh's FDI future

Faysal Islam
Faysal Islam

Bangladesh has long presented itself to foreign investors as a country of competitive labour, a large domestic market, improving infrastructure, and strategic access to South and Southeast Asia. These advantages are real, and they have helped the country build a global reputation in garments and export manufacturing.

But the investment landscape around us has changed. Countries are no longer competing only on cheap labour or tax holidays. They are competing on predictability, speed, contract enforcement, policy stability, and the ease with which investors can enter, operate, repatriate profits, and exit. In that competition, Bangladesh's biggest weakness is not simply its tax rate. It is the uncertainty surrounding taxation and regulations.

The proposed changes to the Income Tax Act through the Finance Bill 2026 therefore, deserve careful attention. Some of the proposals move in the right direction. Treating tax deducted at source (TDS) as advance tax, committing to introducing automated and faceless refund mechanisms, reducing selected withholding taxes, allowing more legitimate business expenses, simplifying profit repatriation, and expanding digital filing are all welcome reforms.

These are precisely the areas where investors have long complained: cash flow gets blocked, refunds are delayed, expenses are disallowed on technical grounds, and compliance consumes management time that should be spent on production, exports, and job creation.

Yet the larger question remains: will these reforms create real confidence, or will they become another layer of procedural promises without administrative discipline? Bangladesh's FDI story cannot be transformed by announcements alone.

Investors measure a tax system not by speeches but by assessment orders, refund timelines, customs valuation, audit behaviour, appeal costs, and the ability to repatriate dividends and capital without anxiety.

This is why the Finance Bill 2026 is both encouraging and incomplete. The decision to keep existing corporate tax rates unchanged may provide short-term continuity, but it does not provide a long-term corporate tax roadmap. Foreign investors compare Bangladesh not only with India, Pakistan, Sri Lanka, and Nepal, but also with Vietnam, Indonesia, and Malaysia.

They look at the effective tax burden after withholding taxes, turnover taxes, VAT adjustments, customs delays, transfer pricing exposure, and dispute costs. If the statutory rate is stable but the effective burden is unpredictable, Bangladesh will still appear risky.

The proposed treatment of TDS as advance tax is particularly important. For years, withholding tax has often acted less like a collection mechanism and more like a hidden minimum tax. In low-margin industries, export-oriented businesses, infrastructure projects, and early-stage foreign investments, this can severely damage cash flow.

A company may be profitable in the long run but loss-making in its early years. If taxes are collected on gross receipts or imports before real profits appear, the tax system becomes a barrier to investment. Making TDS adjustable and refundable, if implemented honestly and promptly, could change investor perception more than a headline tax holiday.

The proposed automated refund system is equally significant. Bangladesh's tax administration has historically suffered from a trust deficit between taxpayers and the revenue authority. Businesses often assume refunds will be delayed, while tax officials often assume refund claims are inflated.

Automation can reduce this distrust, but only if it is rule-based, time-bound, and protected from manual interference. A refund that is "automated" on paper but blocked by repeated queries will not improve the investment climate. The government should therefore publish service standards: how many days for income tax refunds, how many days for VAT refunds, and what remedies will apply if deadlines are missed.

The reduction of withholding taxes on selected raw materials, machinery rentals, foreign loan interest, and export cash incentives also sends a positive signal. Bangladesh urgently needs investment beyond garments: electronics, agro-processing, pharmaceuticals, renewable energy, logistics, digital services, medical devices, light engineering, and backward-linkage industries.

These sectors require imported inputs, technology, machinery, and foreign technical services. Excessive advance taxes at the import or payment stage raise project costs before revenue begins. A smarter system taxes profits after value is created; it does not penalise investment at the outset.

However, some proposals may send conflicting signals. The proposed withdrawal of preferential treatment for dividend income received by corporate investors could weaken the capital market at a time when Bangladesh needs deeper non-bank financing.

If institutional investors face higher taxes on dividends while government securities offer attractive returns with lower risk, capital may move away from equities. This is not merely a stock market issue. A weak capital market makes it harder for growing companies to raise long-term funds, reduces exit options for foreign investors, and increases dependence on bank loans.

Bangladesh cannot aspire to attract foreign investment while weakening the ecosystem through which investors enter and exit.

Similarly, the proposed future increase in the highest personal income tax rate to 35 percent deserves caution. Bangladesh needs foreign professionals, technical experts, regional managers, engineers, and compliance specialists to help build new industries.

If the tax cost of employing skilled personnel rises without corresponding improvements in public services, work permits, housing, schools, healthcare, and security, multinational companies may hesitate to locate regional or high-value operations here. Bangladesh should tax high earners fairly, but it must also remain competitive in attracting knowledge and managerial talent.

Another concern is the expansion of compliance requirements without adequate administrative readiness. Mandatory TIN, BIN, withholding identification, eVAT, digital links with banks and utility providers, and the proposed 0.2 percent advance tax at the retailer level may help broaden the tax base, which Bangladesh badly needs.

But formalisation cannot be achieved merely by pushing paperwork down the supply chain. Many small retailers and suppliers may struggle with credit adjustment, return filing, and digital compliance, while larger firms may face mismatches, blocked credits, and penalties if the wider digital ecosystem is not ready.

The government should therefore introduce appropriate transition periods, sandbox testing, help desks, and clear rules for technical failures. Digitalisation should reduce discretion and improve compliance, not create new costs or grounds for harassment.

For foreign investors, repatriation remains a critical concern. A heavier tax burden on repatriated income than that faced by local investors may discourage foreign investment and reduce Bangladesh's competitiveness.

Bangladesh Bank's recent steps to simplify share transfer and repatriation procedures are encouraging, and the investor-friendly direction of the Finance Bill should reinforce this progress.

However, investors need certainty not only while earning profits but also when repatriating returns or exiting an investment. Dividends, royalties, technical service fees, loan repayments, and share transfer proceeds should be subject to clear documentation requirements and fixed processing timelines.

Lawful transactions handled by authorised dealer banks should not depend on informal approvals, discretionary interpretations, or unpredictable delays.

The deeper reform must be institutional. Bangladesh should introduce binding advance tax rulings and a 10-year investment tax roadmap, especially for major investments involving permanent establishment issues, transfer pricing, royalties, technical service fees, tax holidays, VAT, and customs valuation. Investors should know in advance how their business model will be treated.

Tax disputes must be resolved through faster tribunals and credible alternative dispute resolution, with reasonable appeal pre-deposit requirements. Above all, assessments should be technically sound, consistent, and evidence-based to reduce disputes at their source.

Bangladesh should also replace discretionary incentives with automatic refund mechanisms and transparent, performance-based benefits. Incentives linked to export diversification, employment, technology transfer, green investment, local value addition, and regional development would be more effective. Companies that meet published conditions should receive benefits automatically, without lobbying.

The Finance Bill 2026 is a positive step, but Bangladesh's investment challenge extends beyond a single budget cycle. The country needs a tax system that formalises informal businesses, protects honest taxpayers, and assures investors that the rules will remain predictable after capital is committed.

If these reforms lead to fair audits, timely refunds, simple repatriation, predictable withholding tax, and credible dispute resolution, Bangladesh can attract long-term investment that creates jobs, transfers technology, and diversifies exports. The real reform lies not in scattered concessions but in becoming the most predictable investment destination in the subcontinent.

The writer is a financial sector analyst and can be reached at faysal.aqc@gmail.com.