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Besides the accelerated depreciation (allowed
for one third of the acquisition price of fixed assets, including
buildings) and the investment deduction arrangement (8% of
investment if an existing building is purchased and 12% if
a new building is acquired or an existing building is improved),
certain tax facilities are available to a number of sectors.
a. Hotels:
- A reduced profit tax -including additional charges- of
at least 2% for a period of 11 years at the most.
- Exemption from import duties (including levies) on materials
and on goods required for construction (includes expansions)
and initial furbishing (i.e. capital equipment) of the hotel's
premises. In the case of renovation, exemption for a two-year
period from import duties (including levies) on materials
and goods required for expansion, improvement and/or renewal.
To qualify the limited liability company's investment in
expansion, improvement and/or renewal should amount to at
least US$ 165,000.
- Exemption for a period of 10 years from land tax on the
hotel's premises after becoming taxable.
- Exemption from occupancy tax on the use of the hotel's
land for a period of 10 years starting after the year of
the start-up of the hotel.
- Exemption from personal income tax on income earned from
dividends and other distribution of profits within two years
after the fiscal year in which the profit was obtained.
To qualify a limited liability company should invest at least
US$ 550,000 in its construction and initial furbishing (includes
expansions) within two years of the date of the Decree.
b. Manufacturing:
- A reduced profit tax -including additional charges- of
at least 2% for a period of 11 years at the most, but at
the latest for the year 2009. If at least 90% of the finished
product is exported or used in the processing, treatment
or assembly of new market products, respectively exported
by a manufacturing company that exports 90% of its finished
product, the enterprise may benefit from the above-mentioned
reduced profit tax for a period of 15 years at the most,
but at the latest for the year 2014. In this case, the limited
liability company (in the non-oil industrial sector) that
is established or purchased should invest at least US$ 550,000,
procure at least five permanent jobs to persons born in
the Netherlands Antilles and submit a cost-benefit analysis.
- Exemption from import duties (including levies) on materials,
on goods required for construction (includes expansions)
and initial equipment (of which the period may not exceed
two years) of the industry's premises, as well as on packaging
material, on machinery, raw materials, semi-manufactured
articles and accessory means, necessary for the industrial
process.
- Exemption from land tax on the industry's premises after
becoming taxable for a period of 11 years at the most, but
at the latest for the year 2009.
- Exemption from occupancy tax on the use of the industry's
land for a period of 11 years at the most, but at the latest
for the year 2009.
- Exemption from personal income tax on income earned from
dividends and other distribution of profits within two years
after the fiscal year in which the profit was obtained.
- To qualify the limited liability company (in the non-oil
industrial sector) that is established should invest at
least US$ 137,500 and procure a minimum of five permanent
jobs to persons born in the Netherlands Antilles.
c. Land Development:
- A reduced tax -including additional charges- of at least
2% on the profit obtained by the sale of developed land
for a period of 15 years at the most.
- Exemption from import duties on materials and goods intended
for the laying-out of roads, on construction of real estate
and on the laying-out or construction of locations for amusement
purposes.
- Exemption from land tax as long as the plots of land,
which are being developed, are not let out.
- Exemption from occupancy tax due to the use of the company's
plots. The company is exempt from personal income tax on net revenues
generated by the sale of developed land, if higher than US$
5,500.
- Exemption from personal income tax on income earned from
dividends and other distribution of profits within two years
after the fiscal year in which the profit was obtained.
- To qualify the limited liability company should invest
at least US$ 1,100,000 in development (excluding the value
of the land) within five years of the date of the Decree.
d. Free Zone (E-Zone):
To qualify a legal entity with share capital must first be
admitted to the economic zone (e-zone) in which international
trade and trade-supporting services are performed. International
trade activities refer to storing, assembling, processing
and packaging of goods. Trade-supporting activities include
maintenance and repairs in the e-zone of goods pertaining
to companies doing business outside of the Netherlands Antilles,
maintenance and repair of machinery and other equipment located
abroad using goods stored in the e-zone, plus other international
services. The latter includes warehousing and international
trade-supporting activities, as well as other new international
services that can be provided with or in support of electronic
communication and information opportunities.
The following fiscal facilities can be obtained:
- A 2% tax -including surcharges- on the profit induced
by exports up to and including December 2025;
- Exemption from turnover tax ("OB"), excises,
import duties (including economic levies) in the case of
import, transshipment or export;
- Employees who lived outside the Netherlands Antilles for
more than 5 years can qualify for an expatriate status.
In addition, the e-zone company may grant certain tax-free
benefits to the employee;
- Upon request the Central Bank will grant an exemption
from the payment of foreign exchange license fee charges
for merchandise transactions.
e. Other Business:
- A reduced profit tax -including additional charges- of
at least 2% for a period of 11 years at the most.
- Exemption from import duties (including levies) on materials
and on goods required for construction and initial capital
equipment (includes expansions) of the business' premises.
In addition, exemption from import duties for a period of
10 years at the most on raw materials and semi-manufactured
articles, as far as these components are processed by the
company.
- Exemption for a period of 10 years from land tax on the
business' premises, after becoming taxable.
- Exemption from occupancy tax on the use of the business'
land for a period of 10 years starting after the year of
the start-up of the business.
- Exemption from personal income tax on income earned from
dividends and other distribution of profits within two years
after the fiscal year in which the profit was obtained.
- To qualify the formation of the limited liability company
should require an investment of at least US$ 137,500 -within
two years of the date of the Decree- and procure a minimum
of 5 permanent jobs to persons born in the Netherlands Antilles.
Dutch fiscal facilities
Established companies in the Netherlands that invest in Curaçao
benefit from incentives like investment deduction, energy
investment deduction, arbitrary depreciation, and fiscal environmental
arrangements. In addition, the Dutch fiscal arrangement for
small and medium companies (Tante Agaath Regeling) is also
valid for private investors who extend credit in starting
companies in Curaçao. The investor is exempt from capital
tax and income tax.
Through the PSNA (Programma Samenwerking Nederlandse Antillen),
subsidies/investment contribution will be granted to Dutch
companies that want to invest in the Netherlands Antilles
through a joint venture with an Antillean company.
Foreign investors can enter joint ventures with Dutch and
local companies to take advantage (of amongst others) these
incentives. Investment in, for example, the processing of
oil waste or in the processing of fish from the Netherlands
Antilles, Surinam, Guyana or Venezuela, as well as of agricultural
products can benefit from the above-mentioned incentives.
Other potential areas are: container, airport safety, logistics,
steel construction, energy, telematics and wet contracting.
Trade agreements
Curaçao, as part of the Netherlands Antilles, benefits
from the preferential trade arrangement concluded within the
Council Decision of the Association of the Overseas Countries
and Territories (OCTs) with the European Community. Most products
can be exported duty-free to the EU, provided that rules of
origin are accounted for. The benefits for Curaçao
are lower now that the EU has established quotas for the importation
of i.a. sugar and rice. The government is now analyzing the
potential benefits of a closer relationship with the EU, under
the so-called Ultra-Peripheral Status UPS (equivalent to the
Departements d'outre-mèr of France).
In addition, Curaçao also benefits as part of the
Netherlands Antilles from the unilateral preferential tariff
treatment granted by the United States to 24 "beneficiary
countries" qualifying under the 1983 Caribbean Basin
Initiative (CBI) and under the 1990 Caribbean Basin Economic
Recovery Expansion Act (CBI II), which was given new impetus
with the Caribbean Basin Trade Partnership Act (CBTPA), effective
since October 2000.
An important provision of the CBI II is permanent extension
of the duty free treatment of most goods produced in a CBI
country upon entering the US market if the product fulfills
the following criteria:
- 1. It is imported directly from Curaçao into US customs
territory.
- 2. It meets the 35 percent local value added requirement -
only direct processing costs in one or more CBI countries
are considered to be value added. US origin materials may
be counted towards 15 percent of the 35 percent.
- 3. It conforms to the substantial transformation requirement,
i.e., the final product should be new and different from the
foreign materials used in its manufacture.
- 4. If components used in the processing in Curaçao
are of 100 percent US origin, then requirement 2 and 3 will
be omitted (for items other than textiles, oil and oil products).
Under the new Trade and Development Act passed in January
2000, apparel articles now can enter the US market free of
duty and without quantitative restrictions. In addition to
these apparel preferences, the CBTPA provides NAFTA-equivalent
tariff treatment for certain items previously excluded from
duty-free treatment under the CBI program.
Moreover, the Netherlands Antilles is an associate member
of the Association of Caribbean States (ACS), an observer
in the Caribbean Common Market (CARICOM), and, as part of
the Kingdom of the Netherlands, a member of the WTO. As negotiations
for the Free Trade Area of the Americas (FTAA) are proceeding,
the Netherlands Antilles is analyzing the pros and cons of
intensified trade with the Western Hemisphere.
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