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Venezuela: Organic law for the coordination and harmonization of tax powers of States and Municipalities

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In brief

On 10 August 2023, the Venezuelan National Assembly issued the Organic Law for the Coordination and Harmonization of the Tax Powers of States and Municipalities (“Law“)1. The Law will enter into force on 8 November 2023, 90 continuous days after its publication in the Official Gazette. The Law sets forth that from its entry into force, the provisions of state laws and municipal ordinances establishing different tax rates from those allowed by the Law will be repealed. Likewise, states and municipalities will have an additional period of 90 continuous days, counted as of the entry into force of the Law, to adapt to the Law their legal-tax instruments in force. The Law confirms that the Organic Tax Code (OTC)2 will be of subsidiary application to the taxes connected to states and municipalities.

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1  Organic Law for the Coordination and Harmonization of the Tax Powers of the States and Municipalities, published in Official Gazette No. 6.755 on 10 August 2023

2 Organic Tax Code, published in Official Gazette No. 6.507 Ext on 20 January 2020

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Serviliano Abache Carvajal is a Venezuelan tax attorney. He advises domestic and multinational enterprises in several industries, such as cleaning products manufacturers and industrial cleaning services, banking and finance, insurance and reinsurance, retail and wholesalers, rice industry, advertising and marketing, graphic arts, construction, real estate, security, technology and telecommunications, among others. Serviliano is also a law professor at Universidad Central de Venezuela and Universidad Católica Andrés Bello in Venezuela. He is a regular speaker in tax forums and seminars, has authored and coordinated 17 books, and is the author of nearly 200 articles.

Author

Ronald Evans is managing partner in Venezuela, and chairs the Firm's Global Wealth Management practice group as well as the Tax Practice in Venezuela. He represents Latin America in the Firm's Tax Policy Group, and is highly recommended by various legal directories. He was the first chief of the Venezuelan tax administration’s (SENIAT) international affairs division, and served as Venezuela’s official negotiator for double taxation treaties from 1994 to1996. Ronald was an advisor to the minister of foreign affairs on double taxation issues from 1997 to 1999. He has chaired the Venezuelan branch of the International Fiscal Association since 2007, and is a member of STEP’s Advisory Committee for Latin America.

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David joined the Firm in 2018 and has more than 8 years of experience as a tax attorney in Venezuela. He graduated at the top of his class from the Universidad Metropolitana (Caracas) and is attending tax postgraduate studies at the Universidad Central de Venezuela. David also has advanced postgraduate courses in oil and gas at the Universidad Metropolitana (Caracas) and in international taxation at the University of Leiden (the Netherlands).

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