Decree N° 4.080 ("Decree") was published in Official Gazette N° 6.497. The Decree exempts, until June 30, 2020, the payment of Added Value Tax, Import Tax and the Rate for the Determination of the Customs Regime for definitive imports of new or used movable tangible property, when applicable, carried out by the organisms and entities of the National Public Administration, as well as those carried out with personal resources, by an individual or a legal entity, classified under the customs codes included on Appendix "I" of the Decree. It is important to highlight that the Decree was issued as a new set of guidelines and not as an extension of the previous decree, which granted the benefit until the end of 2019.
Requirements: The Decree establishes that in order to be eligible for the exemption, the beneficiaries must present the following requirements before the respective customs office during customs declaration:
- Descriptive relation of the movable tangible property to be imported
- Commercial invoice issued on behalf of the recipient of the exoneration
Subjects of application: The exoneration will apply regardless of the goods being imported or whether acquired in whole pieces or disarmed in its parts or components, in accordance with the General Imperative Rules of the Harmonized System of Designation and Codification of Goods.
Exemptions: Articles 4 and 5 exempt beneficiaries from the presentation of the following documentation before the corresponding Customs Office:
- Legal regime 4: Permission from the Ministry of People´s Power with competence in the field of Industries
- Legal regime 9: License of Import administrated by the Ministry of People´s Power with competence in the field of Commerce
- Legal regime 11: Permission from the Ministry of People´s Power with competence in the field of Oil and Mining
- Legal regime 14: Permission of the Ministry of People´s Power with competence in the field of Food
- Legal regime 15: Permission of the Ministry of People´s Power with competence in the field of Science, Technology and Innovation
- Legal regime 16: License of administered importation of the Ministry of People´s Power with competence in the field of Industries
- Legal regime 20: Proof of registration of the Venezuelan Rule COVENIN administered by the National Autonomous Service of Standardization, Quality, Metrology and Technical Regulations
- No local production certificate and insufficient production certificate
Appendix: The Decree contains an appendix with 3,289 customs codes subject to the benefit, whereas the previous decree contained 3,288 customs codes.
Loss of benefit: Noncompliance of any obligation under the Organic Tax Code will lead to the loss of the benefit.
Effectiveness: The Decree entered into force on January 1, 2020.