PARTIAL AMENDMENT TO THE DECREE WITH THE STATUS, VALUE, AND FORCE OF LAW THAT ESTABLISHES THE VALUE ADDED TAX

The Constituent Decree of Partial Amendment to the Decree with the Status, Value, and Force of Law that establishes the Value Added Tax of January 29, 2020 (the “Decree”), issued by the National Constituent Assembly, was published in Official Gazette Extraordinary No. 6.507 of the same date.

The following provisions were amended by the Decree:

i) Number 4th of article 16 (referred to the fact that the operations and services, in general, performed by institutions governed by the Law of Institutions of the Banking Sector are not  subject to VAT).

ii) Article 18 (referred to the exemption of the sales of the products described in said article).

iii) Article 27 (referred to tax rates). Said article establishes the following rates:

a) General tax rate ranging between 8% and 16.5%;

b) Rate for personal property export sales and exportation of services 0%;

c) Additional rate ranging between 15% and 20% for luxury items and provision of luxury services;

d) Additional rate ranging between 5% and 25% on goods and provision of services paid in foreign currency,cryptocurrency or cryptoasset other than the ones issued and backed by the Bolivarian Republic of Venezuela; and

e) Zero percent (0%) rate for the sale of hydrocarbons by the mixed companies governed by the Hydrocarbon Law to Petróleos de Venezuela or any of its affiliates.

iv) Two new articles are included, article 62 (which rules the factual events applicable to payment in foreign currency, cryptocurrency or cryptoasset) and article 71 (which provides that said rate will become effective upon the elapsing of thirty (30) calendar days following the publication in the Official Gazette of the decree of the National Executive establishing the applicable rate).

v) Former article 62 (now 63 in the new numeration) is amended and it is established that the general rate will be 16% up to the time when the National Executive establishes a different one.

vi) Former article 68 (now 69 in the new numeration) is amended. Said article refers to the jurisdiction of the National Integrated Service of Customs and Tax Administration (Servicio Nacional Integrado de Administración Aduanera y Tributaria – “SENIAT”) over the administration, collection, auditing, determination, collection, inspection, and compliance with the tax. Likewise, the form and content of the invoices to be issued in cases of payment in foreign currency, cryptocurrency, and cryptoasset is established.

The Decree will become effective upon the elapsing of sixty (60) calendar days following its publication in the Official Gazette of the Bolivarian Republic of Venezuela.

In order to access the Decree, please click here.

Should you have any question or comment or require further information, please contact the partner in charge of your account via email.