The following cases are exempt from the payment of Value Added Tax:
- 1)Exemption on exports, imports, and entry.
a. The exports of goods.
b. The provision of services by taxpayers of the tax, according to the fourth paragraph of Article 4 of the Law, when they are consumed outside the national territory.
c. Operations related to exports, among them:
i. The transportation of goods to ports, airports, and land borders, provided the transporter is registered as an auxiliary of the public customs function (auxiliar de la función pública aduanera).
ii. Services complementary to exports (according to Article 140 of the Regulation of the General Customs Law (Reglamento de la Ley General de Aduanas)): dispatch of goods in the facilities of customs depositaries, especially for the operation of customs agents (agentes aduaneros), cargo agencies (agencias de carga), consolidating companies (empresas consolidadoras) for the palletizing or packing of goods destined for export or re-exportation, cargo insurance companies, air, land, and maritime transporters.
iii. Services complementary to exports (according to Article 160 of the Regulation of the General Customs Law): services of reception, consolidation, packing, and palletizing for delivery at the customs port of goods destined for export or re-exportation.
iv. Services complementary to exports (according to Article 304 of the Regulation of the General Customs Law): services of unpacking, division, classification, packing, repacking, re-wrapping, re-marking, and labeling.
v. Services related to container weighing, cargo certifications, customs seals and seals for containers, fiscal warehouses and deposits.
vi. Refrigeration services.
vii. Insurance services for export.
viii. Services for the rental of equipment, machinery, and warehouses destined for export.
ix. Packing and packaging services for export cargo.
x. Services related to the preparation of cargo for export (application of waxes, fumigation of cargoes, and tariffs).
xi. Comprehensive logistics services for export and re-exportation.
xii. The provisioning of ships, including water, provisions, and medicines.
The foregoing is without prejudice to the power to issue a general resolution (resolución general) to expand this list of services, in accordance with subsection 1) of Article 8 of the Law.
(Note from Sinalevi: By Article 1 of resolution MH-DGT-RES-0017-2023 of July 31, 2023, it was indicated that in accordance with the preceding subsection, the following operations related to exports shall be understood as included in said subsection, and consequently exempted from the value-added tax:
- a)Ship (nave) service services, which include, among others, aids to navigation for the operation, towing services (remolcaje), pilotage (pilotaje), launch service (lancha), mooring (amarre), unmooring (desamarre) of the ship, ship stay (estadía de naves), movement of ship hatch covers, handling of twist locks, dock cleaning, additional time at dock, and crew waiting times.
- b)Services provided for the handling of empty export or import containers covered by the temporary importation regime. These services include, among others, the loading and unloading of containers, as well as land transportation services for empty containers, including the journey from the Port to the domicile where the cargo is located and vice versa.
- c)Port or airport services in general.
- d)Transportation services for goods destined for export, to ports, airports, and land borders, provided the transporter is duly registered before the Directorate General of Taxation (Dirección General de Tributación) and issues the corresponding electronic receipt, even in those cases in which they are not registered as an auxiliary of the public function.
- e)Transportation services for goods destined for export to their final destination, provided the Single Customs Declaration (Declaración Única Aduanera, DUA) is available as support.
- f)Scanning services provided at ports, airports, and border posts of the country, on goods to be exported. This exemption applies both to direct invoicing to the exporter and to all services invoiced and associated and necessary for scanning throughout its chain, such as the invoicing of the scanning system administrator and the scanning system provider.)
d. The purchase of goods and services by taxpayers registered as exporters according to the provisions of Article 66 of this Regulation.
e. The introduction of goods into customs deposits.
f. The goods covered by customs regimes as long as they are destined for export. In no case shall those destined for the definitive import regime and the duty drawback regime be considered as such.
g. The re-importation of national goods, provided it occurs within three years following their export and they return to the country in the same state as export, for which it is necessary to comply with the following requirements:
i. The re-importation declaration is duly presented and accepted within the period of three years counted from the date of acceptance of the definitive export declaration.
ii. The goods have not been subject to any transformation.
iii. The identity of the goods is fully established.
h. The sale of goods or provision of services for export between beneficiaries (beneficiarios) of the Free Zone Regime (régimen de Zona Franca).
i. The sale of goods and provision of services to beneficiaries of the Free Zone regime.
j. The importation of goods whose acquisition is exempt, in accordance with the provisions of the Law.
k. The acquisition of services provided from abroad, whose acquisition is exempt in accordance with the provisions of the Law.
l. The importation of buses and vessels used for the provision of these collective passenger transportation services, provided they have the permit or concession granted by the State and whose fare is regulated by the Regulatory Authority of Public Services (Autoridad Reguladora de los Servicios Públicos, ARESEP).
- 2)Exemptions related to pension operators (operadoras de pensiones).
The commissions paid to pension operators, as established by Law No. 7983 of February 16, 2000, and its amendments, called "Worker Protection Law (Ley de Protección al Trabajador)".
The exemption does not extend to portfolio management (gestiones de carteras) by investment fund administrators (administradoras de fondos de inversión) or venture capital or real estate funds.
- 3)Exemptions related to public entities, international organizations, and non-profit organizations.
a. The goods and services sold, provided, or acquired by the Costa Rican Red Cross (Cruz Roja Costarricense), as long as they are necessary for the fulfillment of its functions.
b. Tuition fees (aranceles por matrícula) and course credits (créditos de los cursos) provided at public universities, in any of their substantive areas (áreas sustantivas). The exemption does not cover those substantive areas where payment of a tuition fee or for credits for the courses provided is not required.
c. The goods and services sold, provided, or acquired by the Meritorious Fire Department of Costa Rica (Benemérito Cuerpo de Bomberos de Costa Rica), as long as they are necessary for the fulfillment of the functions defined by law.
d. The acquisition of goods and services, as well as the sale of goods and services carried out by:
i. The Fundación Ayúdenos a Ayudar and the Asociación Pro-Hospital Nacional de Niños, Law No. 8095 of March 15, 2001.
ii. The Foundation for the Rescue and Protection of the Heritage of the Presidential House (Fundación para el Rescate y Protección del Patrimonio de la Casa Presidencial), the Help Us to Help Foundation (Fundación Ayúdenos para Ayudar), and the Pro-National Children's Hospital Association (Asociación Pro-Hospital Nacional de Niños), Law No. 8095 of March 15, 2001.
iii. The Association Works of the Holy Spirit (Asociación Obras del Espíritu Santo), legal identification number three-zero zero two-three hundred forty-four thousand five hundred sixty-two (No. 3-002-344 562).
iv. The National Crusade Federation for the Protection of the Elderly (Federación Cruzada Nacional de Protección al Anciano, FECRUNAPA).
e. The acquisition of goods and services made by:
i. The School of Agriculture of the Humid Tropical Region (Escuela de Agricultura de la Región Tropical Húmeda, EARTH), pursuant to the provisions of Law No. 3011 of July 18, 1962, the Alliance for Progress Agreement with the United States (AID), and the Authentic Interpretation, Law No. 8088 of February 13, 2001, of Article 2 of the Regulatory Law of Existing Exemptions, its Repeal and its Exceptions, Law No. 7293 of March 31, 1992, and its amendments.
ii. The Central American Institute of Business Administration (Instituto Centroamericano de Administración de Empresas, INCAE), pursuant to the provisions of the Agreement between the Government of Costa Rica and the Central American Institute of Business Administration (INCAE), Law No. 6743 of April 29, 1982, and the Authentic Interpretation, Law No. 8088 of February 13, 2001, of Article 2 of the Regulatory Law of Existing Exemptions, its Repeal and its Exceptions, Law No. 7293 of March 31, 1992, and its amendments.
f. Gambling products sold, marketed, or distributed by the Social Protection Board of San José (Junta de Protección Social de San José, JPSSJ) within the national territory, such as:
i. National lotteries.
ii. Raffles.
iii. Other gambling products authorized by law.
g. The purchase of goods and services made by community development associations (asociaciones de desarrollo comunal), in accordance with Law No. 3859 of April 7, 1967, and its amendments, called "Community Development Law" (Ley sobre el Desarrollo de la Comunidad), provided they are necessary for the fulfillment of their purposes.
h. The acquisition and sale of goods and services made by the education boards (juntas de educación) and administrative boards of the public teaching institutions of the Ministry of Public Education (Ministerio de Educación Pública, MEP), provided they are necessary for the fulfillment of their purposes and for the benefit of the public educational centers they are responsible for. This exemption does not extend to the student transportation service contracted by the Education Boards.
i. The services and goods purchased or acquired by the associations managing communal water and sewer systems in Costa Rica (Asadas), provided they are necessary for the fulfillment of their purposes and for the benefit of the communities or zones they are responsible for.
j. The membership fees and monthly payments paid to professional associations, trade union organizations, and business chambers, duly constituted.
k. The goods and services acquired by care networks (redes de cuido) and care centers for older adults, such as homes, day centers, shelters, or other modalities of comprehensive care for older adults that provide their services on a non-profit basis and are duly accredited in accordance with Law No. 7935, Comprehensive Law for the Older Adult (Ley Integral para la Persona Adulta Mayor), of October 25, 1999.
(Thus added the preceding subsection by Article 1 of Executive Decree No. 44073 of May 18, 2023)
L. The acquisition of goods and services made by the Judicial Investigation Agency (Organismo de Investigación Judicial, OIJ), for the fulfillment of its functions.
(Thus added the preceding subsection by Article 1 of Executive Decree No. 44889 of December 5, 2024)
For the purposes of acquiring the cited goods and services, payment must be made through banking channels and verified as coming from accounts registered in the name of the entity applying the exemption.
- 4)Exemptions referring to other goods, rights, and services.
(*)a. The local sale or importation of the following goods and the provision of services intended to improve functionality and guarantee the autonomy of persons with disabilities is exempt, pursuant to the provisions of Article 2 of Law No. 7600 of May 02, 1996, called "Equality of Opportunities for Persons with Disabilities" (Igualdad de Oportunidades para las Personas con Discapacidad):
i. Wheelchairs and similar items.
ii. Orthopedic equipment.
iii. Prostheses in general.
iv. Equipment used by persons with hearing problems.
v. Equipment used in rehabilitation and special education programs, including technical aids.
vi. Support services for persons with disabilities.
vii. Transportation service for persons with disabilities.
(*) (Thus amended subsection a) above by Article 1 of Executive Decree No. 42706 of October 14, 2020) b. Books regardless of their format. This exemption shall not apply to electronic devices that allow access to and reading of books on a medium other than paper.
c. Insurance premiums for occupational risks, agricultural insurance premiums, and social interest housing insurance premiums, supervised by the General Superintendency of Insurance (Superintendencia General de Seguros, SUGESE) and the Mortgage Bank for Housing (Banco Hipotecario para la Vivienda, BANHVI).
d. Insurance premiums for survival with life annuities and annuities of other types.
e. The sale and marketing of live animals (semovientes) within the production chain and livestock industry.
f. The local purchase and sale of buses and vessels used for the provision of collective passenger transport services, provided the acquirers have the permit or concession granted by the State, and whose fare is regulated by the Regulatory Authority for Public Services (Autoridad Reguladora de los Servicios Públicos, ARESEP).
- 5)Exemptions referring to leases.
a. Leases of real property intended exclusively for housing, as well as its accessory annexes, such as garages, pools, ranches, common areas, and household goods; leased jointly with these, provided the amount of the monthly rent for the housing is equal to or less than (1.5) one point five times the base salary. When the amount of the monthly rent for the housing exceeds the exempt amount, the tax shall apply to the total payment of the housing rent. This exemption is not applicable when the accessory good has a greater value than the real property, to vehicles, or to real property intended for vacation rentals.
b. Leases of premises or establishments where religious worship is conducted by religious organizations, regardless of their creed. This exemption does not cover places intended for recreational areas, social activities, or any place where worship is not conducted.
c. Leases of micro and small enterprises, duly registered with the Ministry of Economy, Industry, and Commerce (Ministerio de Economía, Industria y Comercio, MEIC), and of agricultural micro and small enterprises registered with the Ministry of Agriculture (Ministerio de Agricultura, MAG). For this, there shall be coordination between the Ministry of Finance, the MEIC, or the MAG, as appropriate, to obtain the corresponding information.
Both cases are exempt provided the lease or monthly rent is less than or equal to one point five (1.5) base salaries. When the amount of the rent or monthly lease exceeds said amount, the tax shall apply to the total rent.
d. The lease and leasing of buses and vessels used for the provision of collective passenger transport services, the rental of depots and terminals used for their operation, provided the lessees have the permit or concession granted by the State, and whose fare is regulated by the Regulatory Authority for Public Services (ARESEP).
- 6)Exemptions referring to the provision of services.
a. Services provided by cultural radio stations, so qualified by Law No. 8642 of June 4, 2008, called "General Telecommunications Law" (Ley General de Telecomunicaciones).
b. Land passenger transport services and passenger cabotage services, provided they have a permit or concession granted by the State, and whose fare is regulated by the Regulatory Authority for Public Services (ARESEP).
c. Commissions for livestock and agricultural auction services, provided the auction is authorized by the competent public entity.
d. The slaughter service for animals (semovientes); this must be carried out in slaughterhouses authorized by the Ministry of Agriculture and Livestock (Ministerio de Agricultura y Ganadería, MAG).
(*)e) The services provided by care networks and care centers as follows:
i. The services provided by care networks for minors, provided they have the proper authorization from the Comprehensive Care Center (Centro de Atención Integral, CAI) of the Ministry of Health and belong to the National Network for Care and Child Development (Red Nacional de Cuido y Desarrollo Infantil, REDCUDI), whether access to these services is subsidized or not by a state institution, in accordance with the records of the Technical Secretariat of RECUDI.
By general resolution issued by the Tax Administration, the information to be supplied by the mentioned entities shall be established, in order to have the list of Comprehensive Care Alternatives that are part of RECUDI.
ii. (Repealed by Article 2 of Executive Decree No. 44073 of May 18, 2023) f. Educational services provided by private teaching centers subject to inspection by the Ministry of Public Education, from preschool to university education, in all modalities of the educational system approved by the Higher Council of Public Education as provided in Article 8 subsection b) of Law No. 1362, and Article 81 of the Political Constitution, as well as any other official authority competent in educational matters and according to the list indicated below:
i. Preschool education.
ii. Primary education.
iii. Secondary education.
iv. University education.
v. Post-secondary education.
vi. Technical education.
g. Private educational services provided by the institutions mentioned in numeral 19) of Article 8 of the Law.
h. The residential electric energy service, provided its consumption is less than or equal to 280 kWh (kilowatt-hours). When monthly consumption exceeds 280 kWh, the tax shall apply to the total kWh consumed.
i. The residential water service, provided monthly consumption is equal to or less than 30 cubic meters. When monthly residential water consumption exceeds 30 cubic meters, the tax shall apply to the total cubic meters consumed.
Water packaged in containers of any material shall not enjoy this exemption.
- 7)Exemptions referring to financial transactions and banking services.
(*)a. The following financial transactions, established in numerals 3 and 4 of Article 8 of the Law:
i. Credit Lines.
ii. Loan Lines.
iii. Documentary Credits.
iv. Securitized Loans. This exemption includes corporate promissory notes, bonds, and obligations accessory thereto.
v. Financial instruments that do not represent goods related to the credits and loans indicated in numeral 3 of Article 8 of the Law, such as bills of exchange, checks, promissory notes, or similar.
vi. Actions linked to bills of exchange, protest, guarantee (aval), and acceptance related to exempt credit and loan lines.
vii. Yields generated from invoice discount credits; as well as financial leases and operating leases in their financial function.
viii. Credits from invoice discount.
ix. Acquiring services.
x. Credit and debit card commissions.
(*) (Thus amended subsection a) above by Article 1 of Executive Decree No. 42706 of October 14, 2020) b. The following services, when provided by financial entities supervised by the General Superintendency of Financial Entities (Superintendencia General de Entidades Financieras, SUGEF), in accordance with the provisions of numerals 5 and 6 of Article 8 of the Law:
i. Bank and non-bank transfers.
ii. Public deposit-taking services.
iii. Cash withdrawals, regardless of the means used, such as: teller withdrawal, ATM, check cashing.
iv. Payment of services and taxes.
v. Purchase, sale, or exchange, and analogous services involving foreign currency.
vi. Credit and debit card commissions.
vii. Portfolio management by investment fund, venture capital, or real estate fund administrators.
viii. Certificates of deposit.
ix. Guarantees (avales) and guarantees of participation and performance, only when these are granted by banking entities.
- 8)Exemptions referring to self-consumption (autoconsumo).
a. The self-consumption of goods is exempt provided the taxpayer has not used, as a total or partial credit, the tax borne in the following cases:
i. The acquisition or importation of the goods or their component elements.
ii. The receipt of the service that is the object of said operation.
b. The self-consumption of electric energy generated through the use of solar panels, as well as other renewable sources, such as wind, sun, and biomass. This exemption includes energy cogeneration, understood as the procedure through which useful electric and thermal energy is simultaneously obtained, for example, steam and hot water.
c. The use of advertising or promotional space exclusively for their own programs or activities by television and radio stations.
- 9)Regarding the request to enjoy the tax benefit.
The following cases established in Article 8 of the Law shall require authorization from the General Directorate of Taxation (Dirección General de Hacienda) for the application of the tax benefit, through the procedure established by Executive Decree No. 31611-H of October 7, 2003, and its amendments:
a. The Costa Rican Red Cross (Cruz Roja Costarricense), for the goods and services it sells, provides, or acquires for the fulfillment of its functions.
b. The Meritorious Fire Department of Costa Rica (Benemérito Cuerpo de Bomberos de Costa Rica), for the goods and services it sells, provides, or acquires for the fulfillment of its functions.
c. Microenterprises and small enterprises registered with the Ministry of Economy, Industry, and Commerce (MEIC), as well as agricultural micro and small enterprises registered with the Ministry of Agriculture and Livestock (MAG), for the benefit of those leases not exceeding 1.5 times the monthly base salary.
d. Concessionaires or permit holders of land passenger transport or passenger cabotage services, whose fare is regulated by the Regulatory Authority for Public Services (ARESEP), for acquisitions of goods and services established in numeral 24) of Article 8 of the Law.
e. The purchases made by the institutions detailed in numerals 18) and 19) of Article 8 of the Law, except for the acquisitions of goods and services made by the Association Works of the Holy Spirit (Asociación Obras del Espíritu Santo), legal identification number three-zero zero two three hundred forty-four thousand five hundred sixty-two (No. 3-002-344 562), which shall not require prior authorization from the Exemption Management Department of the Ministry of Finance, which must submit to the Oversight Department of the Tax Incentives Division a semi-annual report specifying the goods and services acquired during said period, indicating their use and destination. Said reports must be submitted in the months of June and January in the format provided for this purpose by the Oversight Department.
(Thus amended the preceding subsection by Article 1 of Executive Decree No. 44269 of October 17, 2023)
f. Community development associations, for the acquisition of goods and services they make for the fulfillment of their purposes.
g. The education boards and administrative boards of the public teaching institutions of the Ministry of Public Education, for the acquisition and sale of goods and services they make for the fulfillment of their purposes and for the benefit of the public educational centers they are responsible for.
h. The associations managing communal water and sewer systems in Costa Rica, also known as Asadas, for the purchase or acquisition of goods and services for the fulfillment of their purposes and for the benefit of the communities or zones they are responsible for.
i. Importers of the goods established in numeral 14) of Article 8 of the Law: wheelchairs and similar items, orthopedic equipment, prostheses in general, equipment used by persons with hearing problems, equipment used in rehabilitation and special education programs including technical aids, as well as support services for persons with disabilities.
j. Taxpayers providing the transportation service for persons with disabilities, authorized by the Ministry of Public Education, in accordance with the equity programs carried out by said Ministry.
(Thus added the preceding by Article 1 of Executive Decree No. 42706 of October 14, 2020)
k. Taxpayers registered as exporters, as provided in Article 66 of this Regulation, for the acquisition of goods and services related to their export operations.
(Thus modified the numbering of the preceding subsection by Article 1 of Executive Decree No. 42706 of October 14, 2020, which transferred it from subsection j) to k)) l. Care networks and care centers for older adults, such as homes, day centers, shelters, or other modalities of comprehensive care for older adults that provide their services on a non-profit basis and are duly accredited before the Technical Secretariat of the National Network for Care and Child Development and the National Council for the Older Adult.
(Thus added the preceding subsection by Article 1 of Executive Decree No. 44073 of May 18, 2023)
M. The acquisition of goods and services made by the Judicial Investigation Agency (OIJ), for the fulfillment of its functions.
(Thus added the preceding subsection by Article 1 of Executive Decree No. 44889 of December 5, 2024)
The preceding list does not limit the powers of the Tax Administration to include, by general resolution, any other individual or legal entity or entities or collectivities without legal personality, whether public or private, that need to request authorization to enjoy the referred benefits, or to exclude them from the process based on the respective legal grounds, provided it defines another type of specific control.
(Thus amended the preceding paragraph by Article 1 of Executive Decree No. 44269 of October 17, 2023)
The exemptions indicated in Article 8 of the Law and not contemplated in this section shall not require authorization for their application, and their operations must be supported by the electronic receipts authorized by the Tax Administration, as well as in their accounting records.