Special Taxation Regime for Foreign Investment

 

Taxes

Law no. 118 

Foreign Investment

Zed Mariel

Law no. 113 Taxation System

 

 

ON PROFITS

0% during 8 years and, as an exception, for a longer period. Subsequently, 15%.

0 % on reinvested earnings.

May increase to 50% for exploitation of natural resources

0 % during 10 years, and, as an exception, for a longer period.

Subsequently,12%.

(concessionaries and users) Law no. 118 applies for reinvestment.

35%.

 

 

 

May increase to 50% for exploitation of natural resources.

On using labor force

Exempted.

 

Exempted.

 

5%

Contribution to local development

0% during investment recovery.

Exempted.

 

It is established in the Budget Law.

On sales or services

 

0% during first year of operations; subsequently, 50% discount on wholesales and on services.

0% during first year of operations, subsequently, 1%.

 

2% on wholesales and 10% on services. New taxable items will be gradually added.

On personal incomes to partners or parties

Exempted.

 

Law no. 118 applies.

 

15%.

 

On using or exploiting natural resources and preserving the environment (five taxes).

50% bonus during investment recovery.

 

 

Law no. 118 Applies.

For the use of beaches, waste disposal into hydro-graphic basins and terrestrial waters: defined in the annual Budget Law. Use of bays and forestry

resources according to taxable items in Law no. 113.

Customs

Exempted during the investment process.

 

Exemptions on means, equipment and goods in the  investment process.

Taxable items are established in the Customs Duties.

 

 

 

 

 

*Joint enterprises and international economic partnerships are governed by what has been established in legislation in force (Law No. 113 of the Taxation System), with the adjustments of this special regime. Enterprises with 100% foreign capital pay taxes according to legislation in force. In the case of International Economic Partnership Agreements for Production, Services and Professional Services Management, this is governed by what has been established in legislation in force (Law No. 113 of the Taxation System) with the adjustments of this special regime, especially the tax on profits in the gross incomes type, 4%.

 

Taxes applicable to enterprises with totally foreign capital outside Zed Mariel.

Profit tax

35% that may go up to 50% for exploitation of natural resources,  or up to 50% of the 35% that is the tax type established. 

Workforce tax

5%.

Sales tax

Exempted.

Services tax

10%.

Special products and servicies tax

 

No tax is paid on sales, especially for products and on services for (1) goods constituting raw material for industrial production and for goods and (2) services destined for exportation.

Enviromental tax

For the use or exploitation of beaches, for approved waste disposal in hydrographic basins, for the use and exploitation of bays, for the use and exploitation of forestry resources and wildlife and for the right to use terrestrial waters: gradual application of these taxes and the majority of their taxable types shall be established in the Annual Budget Law.  

Territorial  contribution

Gradually established in the Budget Law.

Customs tax

To be set in the Customs tariffs.

 

 

Article 47 of Law no. 1128 establishes that: “The Ministry of Finances and Prices, having heard the opinion of the Ministry of Foreign Commerce and Investment, taking into account the benefits and the amount of the investment, capital recovery, indications provided by the Council of Ministers for prioritized sectors of the economy, as well as the benefits it may bring to the national economy, may grant total or partial exemptions, on a temporary or permanent basis, or grant other tax benefits according to what has been established in taxation legislation in force, for any of the types of foreign investment recognized in this Law”.