Sri Lanka has halted giving tax breaks under the Port City Act and the Strategic Development Project Act and pledged to amend the laws to define rule-based criteria and reduce the length of tax holidays, under an International Monetary Fund program.
Source: https://economynext.com/sri-lanka-h...s-laws-to-be-changed-in-imf-benchmark-228557/
IMF
35. Strengthening our tax exemptions framework.
To minimize revenue losses and curb corruption risks, since December 2023, we are no longer providing any tax exemptions or incentives or approving new projects under the Strategic Development Projects (SDP) Act. Despite a similar commitment to refrain from exemptions under the Port City Act, between January and September 20, 2024, Business of Strategic Importance (BSI) designations granting tax exemptions to 24 companies (four as Primary Businesses, three as Duty Free Businesses, and 17 as Secondary Businesses) were gazetted without consulting IMF staff. The gazettes granting these exemptions are available on the Port SRI LANKA INTERNATIONAL MONETARY FUND 73 City Public Register. Additionally, land lease payments and deposits from four other pending applications (for Primary Businesses) have been accepted (Annex II). Given these advanced financial arrangements, we will need to provide the exemptions to these four businesses based on a detailed costs to benefits review.
However, we commit to not provide any further Business of Strategic Importance status and corresponding tax exemptions to any other businesses under the current Port City Act and regulations. To support our commitment, a new continuous SB will be added to the program on not granting new tax exemptions based on the existing Port City and SDP Acts. The abovediscussed pending applications will be carved out of this continuous SB. All further applications including those in pending stages will be considered under the amended Port City Act and regulations which will be in line with IMF TA and in coordination with IMF staff. The continuous SB will be removed in consultation with IMF staff upon successful amendments to the SDP and Port City Acts and regulations. We also commit to provide monthly data to the IMF team on the list of all firms receiving new exemptions under both Port City and SDP Acts.
Going forward, we will submit to Parliament by end-August 2025 amendments to the SDP Act, consistent with IMF technical assistance, that will introduce transparent, rules-based eligibility criteria to increase the effectiveness of granted tax incentives and to limit the duration for which incentives can be granted (SB). We will submit to Parliament, by end-October 2025, amendments to the Port City Act, based on IMF technical assistance, that introduce transparent, rules-based eligibility criteria, to increase the effectiveness of granted tax exemptions in line with best practices, and to limit the duration for which incentives can be granted (new SB). These amendments will also ensure a robust enforcement of the rules on limiting investments into Port City projects to new foreign direct investment. We will also continue to publish, on the designated websites (Promise and MOF) on a semi-annual basis all required documents stipulated in the SB and also publish the improved annual tax expenditure statement incorporating recommendations from IMF technical assistance by November 2025.
