7210, of November 23, 1990, and its amendments, the following provisions:
- a)A subsection 1) to Article 4. The text will read:
"Article 4.- The Foreign Trade Promoter of Costa Rica (Promotora del Comercio Exterior de Costa Rica) is empowered to: [..] l) Administer a single investment window (ventanilla única de inversión) system that centralizes the procedures and permits that companies wishing to establish themselves and operate in the national territory must fulfill. To this end, the public institutions involved in such procedures shall be obligated to provide their collaboration to the Foreign Trade Promoter of Costa Rica and to accredit representatives with sufficient decision-making powers. Where relevant, these entities may delegate their powers temporarily or permanently to the officials of the single window. [...]" b) Article 16 bis. The text will read:
"Article 16 bis.- The State shall take advantage of the free zone regime to strengthen development poles outside the Greater Metropolitan Area Expanded (Gran Área Metropolitana Ampliada, GAMA); for this purpose, it shall create action plans aimed at generating the services, infrastructure, and operating conditions necessary to promote the establishment of free zone companies and the installation of industrial parks or the modernization of existing ones, in said poles. The State shall urge public universities and the National Learning Institute (Instituto Nacional de Aprendizaje) to apply academic offerings that respond to the technical-professional needs of free zone companies. In the first instance, priority shall be given to Limón, Puntarenas, Guanacaste, the Brunca Region (Región Brunca), and the Huetar Norte Region (Región Huetar Norte)." c) The heading of Article 17 is modified, and a subsection f) and a final paragraph are added. The texts will read:
"Article 17.- Companies that avail themselves of the free zone regime shall be classified under one or several of the following categories: [...] f) Processing industries (Industrias procesadoras) that produce, process, or assemble goods, regardless of whether they export or not, which meet the requirements established in Article 21 bis of this Law. Finally, companies engaged in mining extraction, the exploration or extraction of hydrocarbons, the production or commercialization of arms and ammunition containing depleted uranium, and companies engaged in the production or commercialization of any type of weapons may not enter the free zone regime. Companies engaged in the generation of electrical energy may also not enter the regime, unless the generation is for self-consumption." d) A final paragraph to subsection ch) of Article 18. The text will read:
"Article 18.- [.] ch) [...] The provisions of this subsection shall also be applicable to the service companies provided for in subsection c) of Article 17 of this Law, as established by the regulation." e) A subsection h) to Article 19. The text will read:
"Article 19.- Beneficiaries of the free zone regime shall have the following obligations: [.] h) When the free zone regime is granted to a company under several classifications of those contemplated in Article 17 of this Law, the company must keep separate accounts for each activity." f) An Article 21 bis. The text will read:
"Article 21 bis.- The beneficiary companies referred to in subsection f) of Article 17 of this Law must meet the following requirements: a) That the project is executed under the protection of the free zone regime, within a strategic sector for the country's development, or that it is established outside the Greater Metropolitan Area Expanded (Gran Área Metropolitana Ampliada, GAMA). For the definition of strategic sectors, the Executive Branch must form a special commission composed of the Minister of Foreign Trade, who shall coordinate it, the Minister of Finance, and the Minister of Planning and Economic Policy, or their representatives, a representative from the High Technology Center (Centro de Alta Tecnología), and a representative from the productive sector, who shall be chosen from among the Association of Free Zone Companies of Costa Rica (Asociación de Empresas de Zonas Francas de Costa Rica), the Costa Rican Coalition of Development Initiatives (Coalición Costarricense de Iniciativas de Desarrollo, Cinde), the Chamber of Exporters (Cámara de Exportadores), and the Chamber of Industries of Costa Rica (Cámara de Industrias de Costa Rica). In order to establish the definition of a strategic sector, the aforementioned special commission must take into consideration the National Development Plan (Plan nacional de desarrollo), the prior opinion of the interested sectors, and the following guidelines: projects qualified as highly contributing to social development and generating quality employment, those that by incorporating high technologies effectively contribute to the productive modernization of the country, those that develop research and development activities, those that promote innovation and technological transfer, or those that promote the incorporation of clean technologies, integrated waste management, energy saving, and efficient water management. b) That they make new investments in the country, under the terms established in Article 1 of the law, and that the nature and characteristics of those investments are such that they could be made in another country or transferred to another country. This circumstance shall be presumed if the controlling entity operates at least one processing plant similar to the plant that the beneficiary company of the regime will operate in Costa Rica, abroad, outside of Central America and Panama. For the purposes of this Law, controlling entity is understood as the legal entity that owns or exercises shareholder control, directly or indirectly, of the beneficiary company established in Costa Rica, or that exercises management power over it, as detailed in the regulation. c) That as of the date of submitting the application to the regime, under the protection of subsection f) of Article 17 of this Law, the company is exempt, totally or partially, or is not subject to the payment of income tax in Costa Rica. This requirement shall not be met if the project or the activities that a legal person applying under the protection of the regime will develop are the product of the acquisition or absorption, by any title, of a legal person that was subject to the payment of income tax in Costa Rica or of its main assets. If such acquisition or absorption occurs after the applicant enters the regime, the percentage of exoneration from taxes on the importation of machinery, equipment, and raw materials and taxes on profits shall be reduced in the same proportion as the acquired assets represent in relation to the total assets of the company. If a company applies to avail itself of the free zone regime under the protection of subsection f) of Article 17, with the purpose of providing a significant proportion of goods to established companies, in accordance with what is indicated in this article, it shall only be necessary that it is a new investment in the country. Likewise, if a company applies to avail itself of the free zone regime under the protection of subsection f) of Article 17, with the purpose of establishing itself in an area located outside the Greater Metropolitan Area Expanded (Gran Área Metropolitana Ampliada, GAMA), it shall not be necessary for it to belong to a strategic sector for the country's development. "Significant proportion" shall be understood when the companies referred to in this paragraph supply free zone companies with at least forty percent (40%) of their total sales. If a company that is not a beneficiary of the free zone regime incentives establishes itself in an industrial park regulated by this Law for the purpose of providing goods or services to beneficiary companies installed in said park, the provisions established in subsection ch) of Article 17 of this Law for administrator companies shall not be applicable. The provisions in this article shall be developed and specified in regulations." g) An Article 21 ter. The text will read:
"Article 21 ter.- The companies indicated in Article 21 bis of this Law shall be subject to the following rules: a) The exemptions and benefits applicable to them, in accordance with the provisions of this Law, shall not be de facto or de jure conditioned upon export results. Consequently, the provisions of Article 22 of this Law shall not be applicable to these companies, nor shall any other reference in this Law to exportation as a requirement to enjoy the free zone regime. Goods introduced into the national market shall be subject to all taxes, as well as the customs procedures applicable to any similar importation coming from abroad. In the case of tariffs, payment shall be made only on the inputs used for their production, in accordance with international obligations. b) The exemptions and benefits established in subsections a), b), c), ch), d), e), f), h), i), j), and l) of Article 20 of the Law shall apply to them. c) When companies require operating outside an industrial park, the minimum initial investment amount shall apply, but not the other requirements provided in subsection ch) of Article 18 of this Law; this is without prejudice to their full subjection to the controls applicable to companies operating outside the park, as detailed in the regulation. d) Companies located in the Greater Metropolitan Area Expanded (Gran Área Metropolitana Ampliada, GAMA) shall pay a rate of six percent (6%) of their profits for the purposes of the Income Tax Law during the first eight years and fifteen percent (15%) in the following four years. In the case of companies located outside the Greater Metropolitan Area Expanded (Gran Área Metropolitana Ampliada, GAMA), they shall pay a rate of zero percent (0%) of their profits for the purposes of the Income Tax Law during the first six years, five percent (5%) during the second six years, and fifteen percent (15%) during the following six years. The calculation of the initial term of this benefit shall be counted from the date of commencement of the beneficiary company's productive operations, provided that said date does not exceed three years from the publication of the respective granting agreement. Once the exoneration periods granted in the regime granting agreement have expired, the beneficiary companies shall be subject to the common income tax regime. In the case of the reinvestment incentive established in subsection l) of Article 20 of this Law, the exemption of seventy-five percent (75%) contemplated therein shall not apply, and in its place, a rate of seven point five percent (7.5%) shall be applied for income tax purposes. e) When the company makes a total new investment in the country of at least ten million dollars of the United States of America (US$10,000,000) or its equivalent in national currency, subject to an investment plan to be fulfilled over a period of eight years, calculated based on the book value of assets subject to depreciation, and at least one hundred permanent employees, throughout the company's operation, duly reported on payroll, the benefits indicated in subsections g) and l) of Article 20 shall fully apply. The calculation of the initial term of this benefit shall be counted from the date of commencement of the beneficiary company's productive operations, provided that said date does not exceed three years from the publication of the respective granting agreement. f) They shall have the right to a tax credit (crédito fiscal) for the reinvestment of profits in new fixed assets, expenses incurred within the country or abroad in relation to the training and education of Costa Rican personnel or residents in Costa Rica who work for the company in the country, as well as expenses incurred within the country in relation to the training and education of micro, small, and medium-sized enterprises that meet the requirements established in regulations and that are suppliers to the beneficiary companies of the free zone regime. Said credit shall be deducted from the amount of income tax payable, up to ten percent (10%) of the taxable income in each fiscal period. When the amount of expenses referred to in this subsection exceeds the indicated limit of ten percent (10%) in a fiscal period, the difference may be used as a credit in any of the five following consecutive fiscal periods, at the taxpayer's option, but the applicable credit in each fiscal period may not exceed the indicated limit of ten percent (10%). The regulation shall specify the requirements for the reinvestment of profits, the characteristics of the expenses that will qualify, as well as the procedure for the corresponding calculation, accumulation, and other aspects necessary for the application of this subsection. g) Companies that meet the requirements in subsection e) of this article or are located in areas outside the Greater Metropolitan Area Expanded (Gran Área Metropolitana Ampliada, GAMA) may defer the payment of the applicable income tax until the controlling entity receives the dividends or benefits originating from the operations of the company covered by the regime, or up to a maximum period of ten years, whichever occurs first, counted from the day following the close of the respective fiscal period. The deferred payment amounts shall generate current interest in favor of the State at a special rate equal to the average basic passive rate for six-month deposits calculated by the Central Bank; this interest shall begin to accrue from the moment the payment should have been made. The occurrence of any of these circumstances shall constitute a condition subsequent (condición resolutoria), and the company must pay the amount of the originally deferred tax and its current interest within the period of two months and fifteen calendar days, updating the principal amount with the variation in the exchange rate of the colón against the dollar of the United States of America, as defined in regulations, for each fiscal period or fraction elapsed up to the month prior to the one in which the cited period of two months and fifteen calendar days to pay without interest or surcharges begins, all as provided in the Regulations to this Law. This obligation shall be enforceable upon the occurrence of these circumstances. If the company opts to pay the tax before either of the two aforementioned situations occurs, the payment period and the indicated update shall be equally applicable, and the calculation of the payment period shall begin from the day following the submission of the respective payment filing before the Tax Administration. In any of the cases indicated above, if the corresponding tax is paid outside the granted period of two months and fifteen calendar days, the default interest and penalties provided in the Code of Tax Rules and Procedures (Código de Normas y Procedimientos Tributarios) shall apply to the original debt, duly updated with its current interest. To be able to defer the payment of the tax as indicated in this subsection, the company must periodically submit, with the character of a sworn statement, the information established by the regulation to Procomer or the Tax Administration, as applicable. Failure to comply with this obligation or the provision of relevant, false, or inaccurate information shall constitute a condition giving rise to the loss of the tax benefit for the respective fiscal period and the consequent obligation to pay the accrued income tax and its interest, with the penalties and surcharges established in the Code of Tax Rules and Procedures, from the moment the debt arose until its effective payment. For the purposes of this subsection, the statute of limitations for the Tax Administration's action to determine the obligation shall be in accordance with the provisions of Articles 51 and 53 of the Code of Tax Rules and Procedures. Said term must be counted from January first of the calendar year following the one in which the income tax return must be filed. In the case of the Tax Administration's action to demand payment of the tax and its current and default interest, this shall prescribe within the term referred to in said Article 51; however, said term shall be considered interrupted during the period of the postponement of the tax payment referred to in this subsection or until the occurrence of the assumptions established in the preceding paragraph. To guarantee the payment of the deferred tax by virtue of this subsection, as well as the corresponding interest, surcharges, and penalties, all the assets of the beneficiary company, be they chattels, real estate, and intangibles of the beneficiary company, whether brought in under the free zone regime or not, shall be directly liable before the Treasury, with the character of a legal lien (prenda legal) for the aforementioned tax obligation. h) When a company from a strategic sector establishes itself in an area outside the Greater Metropolitan Area Expanded (Gran Área Metropolitana Ampliada, GAMA) and maintains one hundred permanent employees, throughout the company's operation, duly reported on payroll, the benefits indicated in subsections d), g), and l) of Article 20 of this Law shall fully apply. The calculation of the final term of this benefit shall be counted from the date of commencement of the beneficiary company's productive operations, provided that said date does not exceed three years from the publication of the respective granting agreement. Likewise, these companies may establish themselves outside an industrial park, provided that the initial investment in new fixed assets is at least five hundred thousand dollars (US$500,000) or its equivalent in national currency and the pertinent customs and tax controls are in place. i) When a company wishing to avail itself of the benefits of the regime under any of the categories provided in Article 17 of this Law establishes itself in an area outside the Greater Metropolitan Area Expanded (Gran Área Metropolitana Ampliada, GAMA), it must make an initial new investment in fixed assets of at least one hundred thousand United States dollars (US$100,000) or its equivalent in national currency. Such companies may operate outside the industrial park provided that the initial investment in new fixed assets is at least five hundred thousand United States dollars (US$500,000) or its equivalent in national currency and the pertinent tax and customs controls are in place." h) An Article 21 quáter. The text will read:
"Article 21 quáter.- Companies covered by the free zone regime in accordance with subsections b), c), ch), and d) of Article 17 of the Free Zone Regime Law, No. 7210, of November 23, 1990, shall continue enjoying the incentives established in subsections a), b), c), ch), d), e), f), g), h), i), and j) of Article 20 of this Law, under the terms established by said article."