(Thus amended the preceding paragraph by Article 1, subsection h), of Law No. 7830 of September 22, 1998) a) Bring into the free zone raw materials, finished or semi-finished products, components and parts, packing and packaging materials, and other merchandise required for their operation, without being subject to the payment of any tax and consular duty on importation.
All types of import taxes or internal taxes shall be exempt for packaging, packing, and wrapping materials, as well as other computer equipment waste, electronic waste, and other waste derived from the activities of free zone companies, provided that these packaging materials, containers, wrappings, and waste are intended for recycling or reuse.
(Thus amended the preceding subsection a) by Article 1, sub-section a) of Law No. 8794 of January 12, 2010) b) Bring into the free zone machinery and equipment, as well as their accessories and spare parts, without being subject to the payment of any tax and consular duty on importation. Additionally, they shall enjoy exemption from any tax and consular duty that affects the importation of automotive vehicles necessary for their operation, production, administration, and transportation.
(Thus amended the preceding paragraph by Article 1, sub-section a) of Law No. 8794 of January 12, 2010) The vehicles and vehicle parts that may be exempted shall be the following:
- Chassis with cab from one to two tons of load capacity.
- Trucks or chassis for trucks.
- "Pick-ups" of one or two tons of load capacity.
- Vehicles with a minimum capacity of fifteen passengers.
These exemptions shall be conditional upon full compliance with the Executive Agreement granting the respective exemption.
Machinery or equipment that has been imported under franchise for more than five years may be transferred, change destination, or be brought into the national customs territory freely, without the need to pay any tax.
Vehicles acquired by companies covered by the Free Zone Regime may transit through the national territory, for which they shall obtain the corresponding authorizations from the respective authorities.
If persons operating within the national customs territory acquire these vehicles, they must pay the corresponding taxes for both transfer and nationalization, without their payment being exempted, in accordance with the preceding paragraph, due to the passage of time.
It must be understood that, if the person acquiring a vehicle from a company covered by the Free Zone Regime enjoys exemptions for such acquisition, they may avail themselves of them.
- c)Exemption from any tax and consular duty levied on the importation of fuels, oils, and lubricants required for the operation of these companies. Such exemption shall be granted only when these goods are not produced within the country in the necessary quality, quantity, and timeliness. To import them, the Ministry of Economy, Industry, and Commerce must grant prior authorization and pronounce, by reasoned resolution, within a maximum period of fifteen business days.
(Thus amended this subsection by Article 1, subsection h), of Law No. 7830 of September 22, 1998) ch) Exemption from any tax associated with the export or re-export of products. This exemption shall be granted for the re-export of production machinery and equipment of the Zones, brought in under this law.
- d)Exemption, for a period of ten years from the start of operations, from the payment of taxes on capital and net assets, from the payment of the territorial tax, and from the tax on the transfer of real estate.
(Note from Sinalevi: By means of the sole article of Law No. 9851 of June 17, 2020, the preceding subsection was authentically interpreted to the effect that: "...where it says 'territorial tax' it must be understood as 'tax on real estate'.") e) Exemption from the sales and consumption tax on the purchases of goods and services.
- f)Exemption from any tax levied on remittances abroad.
- g)Exemption from all taxes on profits, as well as any other whose taxable base is determined in relation to gross or net earnings, dividends paid to shareholders, or income or sales, in accordance with the following differentiations:
1 For companies located in the Greater Metropolitan Area (GAM)(*), the exemption shall be one hundred percent (100%) for a period of up to eight years and fifty percent (50%) in the following four years.
(*) (Its name modified by Article 1 of Law No. 9531 of April 18, 2018, "Reform of the Free Zone Regime Law to Promote Investment and the Generation of Quality Employment in the Western Region of Alajuela". Previously it stated: "Gran Área Metropolitana Ampliada (GAMA)") 2) For companies located outside the Greater Metropolitan Area (GAM)(*), the exemption shall be one hundred percent (100%) for a period of up to twelve years and fifty percent (50%) in the following six years.
(*) (Its name modified by Article 1 of Law No. 9531 of April 18, 2018, "Reform of the Free Zone Regime Law to Promote Investment and the Generation of Quality Employment in the Western Region of Alajuela". Previously it stated: "Gran Área Metropolitana Ampliada (GAMA)") The terms shall be counted from the start date of the beneficiary company's productive operations, provided that said term does not exceed three years from the publication of the respective granting agreement.
To define the zone inside or outside the Greater Metropolitan Area (GAM)(*), the Foreign Trade Promoter (Procomer) must abide by what is set forth by the Ministry of National Planning and Economic Policy for this purpose.
(Thus amended the preceding subsection g) by Article 1, sub-section a) of Law No. 8794 of January 12, 2010) (*) (Its name modified by Article 1 of Law No. 9531 of April 18, 2018, "Reform of the Free Zone Regime Law to Promote Investment and the Generation of Quality Employment in the Western Region of Alajuela". Previously it stated: "Gran Área Metropolitana Ampliada (GAMA)") h) Exemption from all municipal taxes and licenses for a period of ten years. The companies referred to in this article must pay for the municipal services they use. In this case, the respective municipality may charge up to double the rates established by law for those services. Notwithstanding the foregoing, companies established in the Free Zones are authorized to contract these services with any natural or legal person.
- i)Exemption from any tax on the importation and exportation of commercial or industrial samples, with prior authorization from the Corporation (*).
- j)For the better development of their operations, companies covered by the Free Zone Regime may freely engage in all kinds of acts and contracts in foreign currency - in which case, the corresponding amounts must necessarily be paid in that type of currency - related to their international transactions or those carried out with other companies established in the Free Zone Regime.
Companies covered by the Free Zone Regime shall enjoy the free holding and management of foreign currency they acquire under the preceding paragraph or derived from their ordinary activity and shall be exempted from the application of the exchange regulation. The Central Bank must establish the regulations for this benefit and the activities derived from it. This Regulation shall be an indispensable requirement for the enjoyment of such benefit. The national currency needs of these companies must be processed solely through authorized commercial banks, for which the foreign currencies available to them for this purpose shall be converted into national currency.
- k)Companies established in free zones located in zones of "relative lesser development," according to the classification of the Ministry of Foreign Trade, with a prior report from the Ministry of National Planning and Economic Policy, shall have the right to receive a bonus equivalent to ten percent (10%) of the sum paid in wages during the immediately preceding year, once the amount paid to the Costa Rican Social Security Fund (Caja Costarricense de Seguro Social) on those wages is deducted, and according to the certification of the payroll reported to the Fund. These companies may request to avail themselves of the benefit of this law within five years after the entry into force of this subsection. The benefit shall be granted for five years and shall decrease by two percentage points until its liquidation in the last year. This bonus shall be issued against the national budget under the conditions determined by the regulations of this law.
(Thus amended the preceding paragraph by Article 1, subsection h), of Law No. 7830 of September 22, 1998) Companies wishing to avail themselves of the benefit of this Law must request it no later than December 31, 1999. The benefit shall last five years; during the first four years, it shall decrease by two percentage points per year and shall be liquidated in the last year. This bonus shall be issued against the National Budget and shall be represented by nominative and negotiable securities.
The Executive Branch, to give substance to this benefit, shall include an annual budget item for an amount of forty million colones (¢40,000,000) for the first year of execution; this sum shall be adjusted each year by the percentage increase of the total amount of the payrolls of the companies qualified to receive this bonus in the immediately preceding year.
If the annual amount of that item is exhausted, applications that have not been covered may be granted the benefit in the following period.
The form of issuance and the conditions concerning the bonus created herein shall be stipulated in the Regulations of this Law.
(Thus amended the preceding subsection k) by Article 1 of Law No. 7467 of December 20, 1994) l) Export-processing companies that are beneficiaries of the Free Zone Regime, upon completing four years of operating under said Regime, reinvest in the country, may receive an additional exemption from the payment of income tax, in accordance with the following parameters:
1.- If the reinvestment exceeds twenty-five percent (25%) of the original investment, the exemption shall be for one additional year.
2.- If the reinvestment exceeds fifty percent (50%) of the original investment, it shall be for two additional years.
3.- If the reinvestment exceeds seventy-five percent (75%) of the original investment, it shall be for three additional years.
4.- If the reinvestment exceeds one hundred percent (100%) of the original investment, it shall be for four additional years.
The additional exemptions shall be seventy-five percent (75%) of the income tax payable. The additional exemptions granted herein shall take effect after the eighth year of operations has been completed, without prejudice to the exemptions corresponding to the final four-year period originally granted, which shall take effect once the period of the additional exemption regulated herein expires. In the case of companies established in "relatively less developed" zones, the additional exemption granted shall take effect once the twelfth year of operations has been completed, without prejudice to the exemptions corresponding to the final six-year period originally granted, which shall take effect when the period of this additional exemption expires. The reinvestment giving rise to the additional exemption must be completed after the fourth year has been completed and before the eighth year of operations under the Free Trade Zone Regime (Régimen de Zonas Francas) begins. The additional exemption may only be granted to companies whose initial original investment in fixed assets was at least two million United States dollars (US$2,000,000.00).
(Subparagraph l) above thus added by Article 2, subparagraph c), of Law No. 7830 of September 22, 1998) (The final paragraph repealed by Article 2 of Law No. 9531 of April 18, 2018, "Reform of the Free Trade Zone Regime Law to Promote Investment and Quality Employment Generation in the Western Region of Alajuela." Said paragraph had been added by Article 2, subparagraph c), of Law No. 7830 of September 22, 1998) (The previous paragraph thus amended by Article 1, section a) of Law No. 8794 of January 12, 2010)