Payment in foreign currency, cryptocurrency or cryptoasset other than those issued by the Bolivarian Republic of Venezuela allowed by Venezuelan law, now presents a specific tax treatment.
As a matter of fact, Official Gazette Number 6,507, Extraordinary, published on January 29, 2020included the application of an additional tax rate between a minimum limit of 5% and a maximum of 25% on the value of goods and services paid in foreign currency, cryptocurrency or cryptoasset. other than Petro. The amount may be modified by the National Executive, but always within the range established in such regulations.
In the Gazette, the Value Added Tax (VAT) is expected to be applied in:
- The sale of movable goods or the rendering of services within the national territory in currency (or crypto-asset) different from that of legal tender in the country. In the procedures for the drafting of the sale and purchase document registered at the notary's office, the document proving the payment of the corresponding tax obligation must also be requested.
- Sales of real estate paid in currencies other than local currenciesThe registrars must also require proof of payment of the aforementioned tax obligation.
Thus, it is observed that the excise tax will be levied on sales made in foreign currency.either by a legal entity or a natural person. That is to say, it will have to be collected even in the payment of food and other common goods. It should be noted the novelty of taxing the sale of real estate when made in currencies or cryptocurrencies other than the Petro. In the same way, it will be required on the payment of services such as medical consultations, professional fees, among others, as long as they are paid in foreign currency or cryptocurrency other than El Petro.
Likewise, the calculation of the tax will be made on the final amount, once the buyer expresses its intention to pay in foreign currency. Merchants must issue an invoice showing the type of payment received, the exchange rate applied, the tax and the total amount of the purchase.
The Law published in the Extraordinary Gazette, and approved by the National Constituent Assembly, will be valid as of March 30. of the current year. In its content it explains that the sales of personal property, real estate or provision of services that are exempt or exempted from the payment of the tax provided, will only have to comply with the additional tax rate established by the National Executive if the payment is made in foreign currency or in a cryptocurrency other than the Petro.
The tax liability contemplated in the payment in foreign currency is not required in transactions carried out by the Republic.The following are also subject to the provisions of this Law: the organs of the National Public Power, the Central Bank of Venezuela, the entities of the National Public Administration with or without business purposes, the diplomatic and consular agents accredited in the country and the international organizations of which Venezuela is an active member.
The Executive shall have the power to exempt from the tax certain products that it considers to be of basic necessity or of specific interest.
From the moment of the publication of the amendment to the tax regulation In the case of value-added type transactions, there have been several discussions among experts on the constitutionality and legality of such changes. However, the legal text will enter into force soon and its rules will be applied by the competent bodies in the corresponding operations, so legal operators must ensure the correct application of the new regulations.
