4.12 INCENTIVES FOR TOURISM.

Companies may request both fiscal and non-fiscal incentives.  The former are granted in connection with the Tourism Declaration, and the latter with the Tourism Contract.

  1. If the enterprise opts for the non-fiscal incentives, it must apply for the Tourism Declaration37  from the ICT.

  2. If the enterprise opts for the fiscal incentives, it must first obtain the Tourism Declaration  and subsequently  the Tourism Contract.

Below is a summary of the incentives granted in each case:

4.12.1   Non-fiscal incentives obtained with the Tourism Declaration.

INCENTIVES

Legislation

To have access to the development programs, technical advisory services and promotional activity from the Costa Rican  Tourism Board (ICT) Regulations on Tourism related Companies and Activities, DE-25226 and its Amendments, Art. 11.
To be able to use the term tourist or tourism in advertising.38 Regulations on Tourism related Companies and Activities, DE-25226 and its Amendments, Art. 14.
To be able to apply for a category F license (no limit on business hours) from the corresponding municipality.

Liquor Law N° 10, Art. 27.

Law N° 7633, Regulations on Business Hours for Establishments Serving Alcoholic Beverages, DE-25226 and its Amendments, Art. 20.

In the case of eating establishments, that cater to tourists, the corresponding municipality, after careful study of opportunities and convenience, may forego the distances stipulated in clause a) of the Implementing Regulations of the Liquor Law,  and grant the license.39 Implementing Regulations of the Liquor Law, Art. 9, section d.
Participation in international fairs. Implementing Regulations of the Regulations on the Participation of Private Enterprises in International Fairs.   Official Gazette N° 87, Thursday 05/08/1999.

4.12.2 Fiscal incentives obtained with the Tourism Contract.

Fiscal incentives are regulated by the Law on Incentives for the Development of Tourism N° 6990, Article 7. These incentives vary depending on the type of activity authorized by law: lodging, air transportation, aquatic transportation, travel agencies (receptive tourism),and vehicle rental companies. The following table summarizes these incentives:

INCENTIVES

LEGISLATION

SERVICES OF THE HOTEL INDUSTRY:

  • Exemption from all taxes and surcharges applied to the importation or local purchase of articles indispensable for the operation or installation of new companies, or of existing companies, which offer new services, as well as for the construction, expansion or remodeling of the respective structure.  This exemption excludes the exemption of sales taxes, except in the case of the initial investment to acquire indispensable items and materials for the construction of the facilities destined to set each project in operation.  The additions, expansions, transformations,  or acquisition of equipment will be subject to the payment of said tax.  (* As set forth in the amendments of Articles 7 and 8 of the Tax Simplification and Efficiency Law N° 8114)
  • Accelerated depreciation of assets, which, given their use and nature, wear out more quickly.
  • Issuance of municipal licenses within a maximum of thirty calendar days after presentation of the application.
  • Authorization from the Central Bank for Costa Rican hotels serving  international tourists to accept foreign currency from tourists.
  • Exemption from the real estate tax for up to six years.

Law on Incentives for the Development of Tourism N° 6990, Art. 7.

Implementing Regulations of the Law on Incentives for the Development of Tourism, DE-24863-H-TUR, Art. 30.

Tax Simplification and Efficiency Law N° 8114, Articles 17, Clause b) and 18.

INTERNATIONAL AND NATIONAL AIR TRANSPORTATION:

  • Accelerated deprecation pursuant to the Income Tax Law.

  • Provision of fuel at a competitive price

  • Exemption of all taxes and surcharges on the importation or local purchase of spare parts for the operation of the aircraft.

* (The Sales Tax exemptions have been revoked by the Tax Simplification and Efficiency Law N° 8114). 

Law N° 6990, Art. 7.

Implementing Regulations of the Law on Incentives for the Development of Tourism, Art. 32.

Tax Simplification and Efficiency Law N° 8114, Article 17, Clause b).

AQUATIC TRANSPORTATION OF TOURISTS:

  • Exemption from all taxes and surcharges applied to the importation or local purchase of goods indispensable to the construction, expansion or remodeling of piers and other facilities used for the embarkation and disembarkation of tourists, as well as for the construction and maintenance of marinas and spas destined to the attention of tourism.
  • Accelerated depreciation in accordance with the Income Tax Law.
  • Exemption from all taxes and surcharges, except customs duties, which are set at twenty percent (20%), for the importation or local purchase of watercraft.

* (The Sales Tax exemptions have been revoked by the Tax Simplification and Efficiency Law N° 8114).

Law N° 6990, Art. 7.

Implementing Regulations of the Law on Incentives for the Development of Tourism, Art. 34.

Tax Simplification and Efficiency Law N° 8114, Article 17, Clause b).

TRAVEL AGENCIES FOR RECEPTIVE TOURISM
  • Exemption from all taxes and surcharges, except customs duties (5%), on the importation of vehicles with a minimum capacity to transport at least 15 passengers.

*  (The Sales Tax exemptions have been revoked by the Tax Simplification and Efficiency Law N° 8114.)

Law N° 6990, Art. 7.

Implementing Regulations of the Law on Incentives for the Development of Tourism, Art. 33

Tax Simplification and Efficiency Law N° 8114, Article 17, Clause b).

RENTAL OF VEHICLES TO FOREIGN AND NATIONAL TOURISTS

Exemption from fifty percent (50%) of the total amount derived from the application of taxes currently in force on the importation of motor vehicles to be used exclusively for rental to tourists. The vehicles exonerated under this law must be replaced every three years.

*  (The Sales Tax exemptions have been revoked by the Tax Simplification and Efficiency Law N° 8114.)

Regulations Governing the Activities of Companies that Rent vehicles. DE-25148-H-TUR, Art. 15.

Tax Simplification and Efficiency Law N° 8114, Article 17, Clause b).

 

 

 [37] Please note that the Tourism Declaration is separate and independent procedure from the declaration of suitability or non-suitability of the land for Tourism related activities, which is requested at the new concessions section in the Shoreline Area.

 [38] To use of such terms, without having obtained the declaration, is considered a deceitful practice

 [39] It should be pointed out that this type of license can be granted only by the corresponding municipality, not by the Costa Rican Tourism Institute.

 

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