Modification of the free zone regime
In effect, if the good is produced with national raw materials, the rule states that a special import declaration must be presented in order to pay VAT, so it must be clarified in these cases who is going to be the declarant and responsible for the payment of VAT, whether the Free Trade Zone user or the postal traffic intermediary.
Similarly, it should be clear whether postal traffic intermediaries should qualify as commercial users in each of the Free Trade Zones, with a depot for express shipments, for the purpose of consolidating imported goods.
Likewise, it is necessary to indicate the document with which the goods will leave the Free Trade Zone, since, as the goods have not been previously transported, they do not have a postal traffic document that covers them, in which the corresponding customs duties are settled and which serves as a simplified import declaration.
2. Intangibles as part of the investment
However, once the intangible has been generated or formed, another concern that arises is what evidence should be presented to prove the value of the intangible, to prove that it represents 20% of the value of the investment or that the user has committed to it.
This issue is of the utmost importance, insofar as compliance with the investment will depend on it without the risk of losing the rating, unless additional investments in real productive fixed assets are made in order to maintain it.
3. Export of services to reduce commitments
It is necessary to determine whether these are independent benefits or whether both should be combined. It should be borne in mind that the export of services can be configured in four modes, which do not necessarily comply with the tax requirements and could even go so far as to disregard the principle of exclusivity, as they are provided outside the Free Trade Zone facilities.
By: Tomás Barreto - Saberex Partner
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