In more detail
Generally, the VAT taxes the alienation and import of tangible movable property and the provision or import of independent services. Additionally, collection agents are individuals or legal entities determined by their situation or specific characteristics, required by administrative authorization or by law to receive taxes from taxpayers on behalf of the Service, and file their returns within the periods and under the mechanisms established in the law.
On 8 May 2015, Administrative Guidelines 0018 entered into force, establishing alcoholic beverages manufacturers, artisan producers and importers as collection agents. Under Administrative Guidelines 0018, said collection agents were obligated to collect 100% of the VAT calculated based on the difference between the sales price to the public as marked on the label or body of the container and the total price invoiced by the responsible agent3. Nevertheless, on 29 September 2022, Administrative Guidelines 0055 repealed said obligation, and to such effect, the following parameters were established:
- The dispensers of alcoholic beverages that still possess inventory on which the VAT has been collected will not be able to include VAT in their invoices until the inventory has been depleted.
- From the entry into force of Administrative Guidelines 0055, every manufacturer, artisan producer and importer of alcoholic beverages will have to file their returns and pay the VAT ordinarily according to the current laws on the matter4.
- Administrative Guidelines 0055 entered into force upon their publication in the Official Gazette on 29 September 2022.
We remain at your disposal if you require further clarification about the general aspects highlighted in this report.
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1. Administrative Guideline No. SNAT/2022/000055, Official Gazette No. 42.473, published on 29 September 2022.
2. Administrative Guideline No. SNAT/2015/0018, Official Gazette No. 40.656, published on 5 May 2015.
3. Article 2, Administrative Guideline No. SNAT/2015/0018, Official Gazette No. 40.656, published on 5 May 2015.
4. See: Venezuela: The National Tax Authority issues calendar for special taxpayers, withholding agents and taxes on gaming activities for 2022. On Baker McKenzie: Venezuela: The National Tax Authority issues calendar for special taxpayers, withholding agents and taxes on gaming activities for 2022 (bakerxchange.com).