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Issue of invoices, declaration, and payment of transactions taxed with 10% VAT rate

The Superintendent of the National Integrated Service of Customs and Tax Administration (Servicio Nacional Integrado de Administración Aduanera y Tributaria - “SENIAT”) issued Administrative Ruling No.  SNAT/2016/0122, dated December 14, 2016 and published in Official Gazette No. 41.052 of December 14, 2016 (the “Ruling”). Said Ruling establishes the formalities for the issue of invoices, declaration, and payment of Value Added Tax (“VAT”) that must be complied with by the taxpayers that carry out sales of corporeal goods and provide services to natural persons who are end consumers, for up to the amount of Bs. 200,000.00, which transactions are taxed with the general VAT rate of 10%, always provided that they are paid through electronic means.

 

The taxpayers to which said reduction of rate is applicable, in addition to meeting the requirements established in the Administrative Ruling that establishes the General Rules for Issuance of Invoices and other Documents, must indicate the 10% rate if the end consumer meets the conditions established in Decree No. 2.602, published in Official Gazette No. 41.052 of December 14, 2016 (the “Decree”).

 

The Ruling also establishes that the same means of issue of invoices adopted or obligatorily used by the taxpayers may continue to be used, always provided that said means are capable of indicating the 10% VAT rate. Otherwise, formats made by authorized printing houses must be used, which formats must indicate the 10% VAT rate and manually or mechanically state that such indication is made in accordance with the Decree establishing the reduction of rate.  

 

By virtue of the foregoing, within the 10 calendar days following the entry into force of the Ruling, the taxpayers must request that their suppliers or manufacturers authorized by SENIAT adapt the fiscal machines.  The suppliers or manufacturers of fiscal machines will be allowed the same period of time (10 calendar days) to adapt the models authorized by SENIAT in order to include the reduction of rate. Should the models authorized by SENIAT lack the technical capacity to be adapted, a written and reasoned notification of said situation must be given to SENIAT’s Auditing Management within a period of 2 business days following the entry into force of the Ruling.

 

SENIAT will publish in its web page a list of models that cannot be technically adapted to the provisions of the  Ruling.

 

The Ruling became effective upon its publication in the Official Gazette.

 

In order to access the Ruling, please click here.

 

 

“NOTE: THIS INFORMATION SHOULD NOT BE CONSTRUED AS LEGAL ADVICE ON ANY SPECIFIC MATTER AND ITS CONTENT ARE INTENDED AS A MANAGEMENT ALERT AS TO CURRENT DEVELOPMENTS IN VENEZUELA, ANY SPECIFIC LEGAL QUESTIONS REGARDING THE POSSIBLE APPLICATION OF NEW OR PROPOSED LEGISLATION TO PARTICULAR SITUATIONS SHOULD BE ADDRESSED TO TRAVIESO EVANS ARRIA RENGEL & PAZ.”