The Ministry of People’s Power for Science and Technology, through the National Fund for Science, Technology and Innovation (FONACIT), issued Administrative Ruling No. 015-004-2024 on 9 January 2024, which established the procedure and regulations regarding the assessment, self-assessment, payment and monthly return filing of the contributions for science, technology, innovation and their applications.
The National Executive Power issued Decree No. 4924 on 21 February 2024, which exonerates the following from paying the Large Financial Transactions Tax (LFTT): (i) debits that generate the purchase, sale or transfer of securities issued or guaranteed by the Republic or the Central Bank of Venezuela, (ii) debits or withdrawals related to the payment of their capital or interest, and (iii) securities traded in different stock exchanges or the agricultural stock exchange, made in a currency other than the legal tender.
On 29 December 2023, the People’s Ministry of Economy, Finance and Foreign Trade (MPPEFCE) issued Resolution No. 010-2023 (“Resolution 010“) and Resolution No. 011-2023 (“Resolution 011“) (together, “Resolutions“) establishing the rules on the organization and operation of the Superior Council for Tax Harmonization and the tables of maximum values applicable to state and municipal taxes and fees. The Resolutions were published in Official Extraordinary Gazette No. 6,783 and became effective upon its publication.
Pursuant to the Organic Law of Special Economic Zones, the National Executive issued on 10 August 2023 Decree Nos. 4,838; 4,839; 4,840; and 4,841. The Decrees create the Special Economic Zone (SEZ) of the Federal Dependency La Tortuga Island, adapt the Special Military Economic Zone No. 1 of the State of Aragua and SEZ of Peninsula Paraguaná of the state of Falcón, and create the SEZ of the State of La Guaira, respectively.
The Ministry for Productive Agriculture and Lands issued Administrative Ruling INSAI No. 007/2023 (“Administrative Guidelines”) on 6 June 2023, establishing the rules that regulate the registry, supervision and control of agro-ecological or organic consumables which became effective on 8 August 2023 (i.e., date of its publication in the Official Gazette).
The Administrative Guidelines also regulate activities related to the manufacture, formulation, import, export, commercialization, distribution, packaging, storage, sale, transport, application, release, advertising, quality control and research of Products for agricultural, industrial, domestic, public health and livestock use in Venezuela.
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. 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 National Executive of Venezuela issued Decree No. 4,821 on 1 July 2023, exempting definitive imports of tangible personal property from Value Added Tax (VAT) and import tax.
The Decree establishes that the periodic evaluation of VAT exemptions will be carried out in accordance with the determinations of the National Integrated Customs and Tax Administration Service (SENIAT) and the Ministry with competence in Economy, Finance and Foreign Trade, which are the competent authorities in charge of implementing the Decree’s provisions.
On 10 July 2023, the US Department of the Treasury’s Office of Foreign Assets Control (OFAC) reissued General License 40B, “Authorizing Certain Transactions Involving the Exportation or Reexportation of Liquefied Petroleum Gas to Venezuela.” On the same day, OFAC made public regulations to implement Executive Order 14078, “Bolstering Efforts to Bring Hostages and Wrongfully Detained United States Nationals Home.”
The National Executive issued Decree No. 4,812 on 19 June 2023, which extends the waivers of Legal Regimes for export until 9 December 2023 (“Decree”). Said waivers were established on 9 June 2021 by Decree No. 4,5252 regarding Optimization of Export Processes, which was extended until June 2022 and June 2023.
The Decree established its validity as of 9 December 2023, having a retroactive effect.
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