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The National Executive issued Decree No. 4,619 of 1 June 2021 (“Decree“),which establishes an exemption of the payment for the Value Added Tax (VAT), Customs Duties and Customs Service Tariff for Determination of the Customs Regime to imports of various goods and merchandise of certain economic sectors.

The Decree entered into force on 1 June 2021, and repealed Decree No. 4,604 of 1 May 2021, which established the exemption for the payment of the VAT, and established the application of a 2% aliquot or 0% ad valorem, by virtue of articles 8, 10, 11 and 12 of the Customs Tariff of imports of capital movable goods, information technology and telecommunications goods, their parts, pieces and accessories, not produced or insufficiently produced in Venezuela, of first use, identified as BK or BIT, among others..

Unlike Decree No. 4,604, the Decree only establishes the exemption of the Customs Service Tariff for Determination of the Customs Regime for goods destined to prevent the expansion of the COVID-19 pandemic. Additionally, it includes in the exemption of the Custom Duties and VAT, to imports of corporal movable goods, new or used, carried out by organs and entities of the National Public Administration, classified in the tariff subheadings are 7307.11.00.00, 7307.19.20.00 and 7307.99.00.00. These tariff subheadings refer to pipe fittings.

In addition to the above, Resolution No. 011-2021 of 3 June 2021 issued by the Ministry of Economy, Finance and Foreign Trade (Resolution), included 36 tariff codes that are part of the Decree and whose goods are subject to a Contingency Tariff Regime.

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Author

Manuel Marín has been with Baker McKenzie since 1998 and became partner in 2002. Prior to joining the Firm, he served as chief attorney of the tax division of Legislación Económica, and held varios management positions in the Venezuelan Customs and Tax Administration (SENIAT). Manuel has authored and co-authored various key publications and has spoken extensively in several customs and tax seminars and conferences. He has been a trade and customs professor in the advanced program for counseling and tax administration at the Universidad Metropolitana (UNIMET), and has given extension courses in the Universidad Central de Venezuela (UCV), the Universidad Católica Andres Bello (UCAB), and the Escuela Nacional de Administración y Hacienda Pública (ENAHP).

Author

Marie Roschelle Quintero is a Mid-Level Associate in Baker McKenzie's Caracas office.