This publication is a joint project with Doing business in Panama Contents Executive summary 4 Disclaimer Foreword 6 This document is issued by HSBC [HSBC entity in the jurisdiction to which the brochure relates] Introduction – Doing business in Panama 8 (’The Bank’) in Panama in partnership with PricewaterhouseCoopers (PwC). Conducting business in Panama 12 It is not intended as an offer or solicitation for business to anyone Taxation in Panama 16 in any jurisdiction. It is not intended for distribution to anyone located in or resident in jurisdictions Audit and accountancy 24 which restrict the distribution of this document. It shall not be Human Resources and Employment Law 27 copied, reproduced, transmitted or further distributed by any recipient. Trade 30 The information contained in this document is of a general nature Banking in Panama 34 only. It is not meant to be comprehensive and does not HSBC in Panama 35 constitute financial, legal, tax or other professional advice. Country overview 36 You should not act upon the information contained in this publication without obtaining Contacts 38 specific professional advice. This document is produced by the Bank together with PricewaterhouseCoopers (’PwC’). Whilst every care has been taken in preparing this document, neither the Bank nor PwC makes any guarantee, representation or warranty (express or implied) as to its accuracy or completeness, and under no circumstances will the Bank or PwC be liable for any loss caused by reliance on any opinion or statement made in this document. Except as specifically indicated, the expressions of opinion are those of the Bank and/or PwC only and are subject to change without notice. This document is not a ’Financial Promotion’. The materials contained in this publication were assembled in May 2012 and were based on the law enforceable and information available at that time. Executive summary Panama’s unique geographical Panama offers a number • In addition, the government in position and its opportunities of competitive advantages Panama is actively addressing to participate in a number for investors to locate their opportunities to attract further of significant projects headquarters, business Foreign Direct Investment aimed to further improve its operations or simply offices. (FDI). The Government has infrastructure continue to These can be summarised designed a strategic plan to attract new investors and as follows: develop Panama through four visitors to the country key areas: logistics services, each year. • Panama is located in the centre banking services, tourism, of the American Continent, with and agriculture. Furthermore, there are easy access through land, sea plentiful opportunities and and air. Complementing the territorial advantages stemming from taxing regime, Panama is the Panama Canal expansion, • It has a modern infrastructure currently in the process of the construction of a metro and is deemed to be the signing treaties to avoid double system, the expansion of largest, well established taxation with several countries various ports and airports, banking centre in Latin America. around the world, using the and the enactment of laws widely accepted OECD Model. establishing special regimes for • The headline tax rate for most certain types of businesses companies is 25%, but there This document contains and industries. These make are a number of special tax references to some common Panama an attractive location incentives and fiscal regimes issues that investors should for companies to establish in Panama for certain types be aware of when operating their headquarters of companies, allowing them in Panama, although specific or subsidiaries. to operate with minimum advice on their particular tax exposure. circumstances should be sought. Panama’s economy is relatively stable and is based on the use • A company can be incorporated of the US dollar as its legal in Panama within one day. tender. Based on the World Bank ‘Doing Business’ survey, • For international businesses, Panama’s ranking increased Panama offers a developed from 77th to 72nd in 2011. Its telecommunication platform to 2010 GDP increased by 7.5%1 conduct their affairs efficiently. compared to the previous year, which is remarkable in • Because of the domestic the context of the global use of the United States economic crisis. dollar, Panama has no foreign exchange constraints. It is politically and socially stable. 1 Source: 2010 General 4 Comptrollership of the Republic Annual Report Foreword Panama has a long history improvement in public finances Aimee Sentmat as a business crossroad and the economy’s resilience Head of CMB and a financial sector during difficult economic times (with 93 banks). Panama's affecting the world. geographical position has a number of advantages; HSBC has been a key player such as the Panama Canal, in Panama since 1972 and is which is instrumental for the largest bank by assets international trade, Panama in the country and in Central being the largest free zone in America today. the Americas, with a modern infrastructure, and the US It is a privilege to sponsor dollar as its currency. It is this document, which aims without a doubt that Panama to contribute to a better is becoming a world-class understanding of the many destination for business. business advantages and possibilities that Panama has Important multinationals and to offer. cooperation agencies from all over the hemisphere have decided to move their Latin American regional headquarters to Panama. Furthermore, contrary to other countries in the region that experienced credit rating downgrades during the economic crisis, rating agencies (such as Fitch and Moody’s) have upgraded Panama to the investment grade reflecting the sustained 6 Introduction Doing business in Panama Welcome to our guide to doing the construction of a housing hotel development and fruit business in Panama. In this complex for Curundu (an exportation as set out in the publication we hope to provide undeveloped neighbourhood 2009-2014 strategic plans. you with an insight into the in the centre of the city) key aspects of undertaking among others. • Highly skilled workforce business and investing in and abundance of bilingual Panama and answer many For foreign investors coming professionals speaking Spanish of the questions overseas to Panama, it offers the and English. businesses and entrepreneurs following benefits: have when making their first • Reputation of Panama as one venture into the Panamanian • Developed railway of the most developed financial market. infrastructure, including centres in the region. express highways, such as the Economic History Cinta Costera, Corredor Norte • Several free trade agreements and Corredor Sur (which can which have been enacted Panama’s economy basically take you from the International and which are currently in the relies on the provision of Airport to the centre of the City process of being negotiated. services and is primarily in less than 15 minutes). based on the Panama Canal Panama does have a suite of operations, tourism, banking, • Links to more than 50 regulatory practices that need to the Colon Free Zone (which destinations in 27 countries be considered when you arrive is the world’s second largest through direct flights from in the country. For this reason it Free Zone behind Hong Kong), Panama. is important to seek the advice insurance, and flagship registry, on specific rules which would medical and health among • Excellent port and harbour be applicable to certain types other businesses. Another facilities on both the Atlantic of businesses and industries in important, but shrinking and the Pacific Oceans. order to comply with current economic sector is agriculture legislations. with its main products being • International submarine cable bananas, rice, corn, coffee, lines linking Panama with the The economic environment sugar, vegetables, meat, and worldwide frame of submarine shrimp. lines guaranteeing high quality Panama has bravely overcome telecommunications facilities. the impact of the recent Current advantages for worldwide recession and new businesses • All kinds of processing reported a GDP growth in and manufacturing are 2009 of 2.4% and 7.5% in The Panama Canal Expansion permitted within the Free 20102. This was during the time project has helped Panama Zones, while administration when many countries in the to keep its steady economic can be performed from inside region were affected by the growth. Beside this major or outside the zone. global economic crisis and had project, the Government has reported negative GDP growth. announced other ventures • Focus on attracting further such as the construction foreign investments into of a Metro for Panama City, areas such as logistics, 2 Source: 2010 General 8 Comptrollership of the Republic Annual Report Key Sectors and Trading According to the report issued Depending on the type of compensation they will receive. Current developments Partners by the Office for National activities, tax incentives could The SEM entities are reserved Statistics and Census, cover exemptions from tax on for the development of certain The government is currently in Panama has a services-based the largest import areas income, exemption from Value types of activities in Panama the process of negotiating and economy. The 2010 Annual in 2009 were vehicles and Added Taxes and Operations specifically described in the law. ratifying the terms of double Report issued by the General automobiles, iron, fuel and