NEW EXEMPTIONS IN CUSTOMS MATTERS
On June 30, 2025, Decree No. 5,146 was published in the extraordinary Official Gazette No. 6,918, which establishes the exemptions in customs matters in force for 1 year, in the terms indicated in the Decree.
I. Object
Exemptions from the Import Tax and Value Added Tax (VAT) are established on the importation of goods, whose tariff codes are listed in the different Appendices of the Decree.
II. The exemption schemes are:
- Full Law: Exemption of 90% of the Import Tax and 90% of the VAT on imports from the public and private sector, related to 1409 tariff codes of various products included in Appendix I. This exemption is applicable by law.
- Exemption from Import Tax and VAT applicable to imports made by the Ministry of People’s Power of Electric Energy or its attached bodies and entities, whose tariff codes are contained in Appendix II (548 tariff codes).
- Exemption from Import Tax and VAT applicable to imports made by the Ministry of People’s Power for Water Care or its attached bodies and entities, whose tariff codes are included in Appendix III (291 tariff codes).
- Exemption from Import Tax and VAT applicable to imports made by the Ministry of People’s Power for Ecological Mining Development or its attached bodies and entities; as well as those made exclusively by the Venezuelan Guayana Corporation (CVG) or its affiliated companies, whose tariff codes are included in Appendix IV (318 tariff codes).
- Exemption applicable to certain products imported by the Socialist Cement Corporation and affiliated companies (5 tariff codes).
III. Requirements: When making the customs declaration (DUA), beneficiaries must submit to the Customs Authority:
i) Descriptive list of the assets,
ii) Commercial invoice in the name of the beneficiary of the acquisition of the goods and
iii) The legal regimes that are applicable to the type of product, as established by the Customs Tariff, that is, permits, registrations, certificates, licenses, as applicable.
The benefit must be applied, in accordance with the Organic Customs Law (LOA), on the date of registration of the import SAD.
IV. Loss of benefit: Beneficiaries who do not meet the conditions provided for in the Decree will lose the benefit. For this purpose, imports will be considered taxed, without prejudice to the penalties that are applicable in accordance with the Organic Tax Code (COT) and the LOA.
Likewise, those who fail to comply with the periodic evaluation in accordance with the parameters of SENIAT; and, in general, those who fail to comply with the obligations established in the COT and the LOA, specifically Article 177 relating to “Infractions committed on the occasion of the declaration of goods to customs“, will lose the benefit.
V. Inclusion and exclusion of tariff codes: The Ministry of People’s Power of Economy and Finance (MPPEF) may, by Resolution, include or exclude products from Appendix I, as well as create new Appendices to the Decree.
VI. Validity: It will be valid for 1 year, counted from the date of publication in the Official Gazette.
Contacts:
LEĜA Abogados
infolaw@lega.law
+58 (212) 277.22.00
www.lega.law
Luzmely Rey
lrey@lega.law
+58 (0212) 277 2245
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