| and materials
used in construction, remodeling, and furnishing, provided such items are
not produced locally in sufficient quantity or of the proper quality, and
that they are not for sale to the general public.
Article
9. A natural person or company may treat as tax deductible any investment
it makes in the restoration, maintenance, or lighting of Historic Landmarks,
municipal parks, national parks, or public site; also, any investment made
in tourist promotion or education considered by the Ministry of Finance
and Treasury in coordination with IPAT; as activities that encourage the
development of tourism.
Article
10. The following tax incentive is granted to companies engaged exclusively
as operators of incoming tourism in the Republic of Panama:
Exoneration,
every three (3) years, from import duties on microbuses, limousines, vessels,
and their spare parts, provided they are so certified by IPAT as indispensable
for the proper operation of tourist services. Such equipment may be resold
upon payment of the appropriate duties.
Article
11. Natural persons or companies providing mass transportation to tourists
at airports, piers, and hotels are exonerated from import duties on automotive
vehicles exclusively destined to tourist activities, as approved by IPAT.
Article
12. Companies engaged in restaurant, discotheque, or nightclub activities
that have been certified by IPAT as being of tourist interest, in which
a minimum investment has been made, not including the cost of the land,
of one hundred twenty thousand (US$120,000.00) if located in the metropolitan
area, and of a minimum of twenty thousand (US$20,000.00) if located in
the rest of the territory of the Republic of Panama, are exonerated for
a period of three (3) years as of the date of their registration in the
National Tourism Registry (Registro Nacional de Turismo), from import duties
on the materials, equipment, and appliances used in the construction and
furnishing of such establishments, provided they are not produced locally,
or are not produced locally in sufficient quantity or of the proper quality,
and are considered by IPAT as important for the development of such activities.
Article
13. The following benefits are granted to any company conducting activities
within the territory of the Republic of Panama for the filming of international
feature films or artistic, sports, or any other type of international events
to be broadcast abroad, that include spots promoting tourism in the Republic
of Panama prior to, during, or at the end of such event.
1. Full exoneration
from income tax on profits from such events, unless a tax paid in Panama
is considered a tax credit in the company’s country of origin.
2. Full exoneration
from any national tax on such events.
3. Temporary
exoneration from any import duty, contribution, tax, charge, or fee on
any type or class of equipment, supplies, spare parts, or technical material
brought into the Republic of Panama by communications companies for the
broadcast of events to other countries; or on all the material used during
the event, which shall be re-exported upon completion of the event.
3. Income
tax exoneration to any sportsmen, or national and foreign artists participating
in such events.
Article
14. All tourism publicity material is exonerated from import duties,
provided it is distributed free of charge, subject to inspection by IPAT.
IPAT shall
have a period of fifteen (15) working days to approve or object to the
material to which this article refers.
Article
15. Income derived from the following activities is exonerated from
income tax:
1. The exploitation
of vessels or aircraft of registered in foreign countries, if reciprocity
is granted there to Panamanian merchant marine vessels or aircraft registered
in Panama, for income derived in such countries;
2. The exploitation
of vessels or aircraft of any nationality by foreign nationals residing
in the territory of the Republic of Panama, provided the country of nationality
of the natural person or company, or the country under whose laws the company
is chartered, grants an equivalent exemption to companies chartered under
the laws of the Republic of Panama, or to persons who have established
their domicile in the Republic of Panama, by virtue of the principle of
reciprocity.
Article
16. The following tax incentives are granted for the construction,
furnishing, building of access infrastructures, restoration, and operation
of convention centers, recreational parks, zoos, tourist and eco-tourism
resorts, and marinas:
1. A three-
(3) year exoneration from import duties on materials and equipment used
in their construction and furnishing, provided such items are not for sale,
are not produced locally, and are considered by IPAT as important for the
development of such activities.
2. A ten-
(10) year depreciation for real property.
3. A twenty-
(20) year exoneration from real property tax.
Article
17. At the request of IPAT, the Panama Cabinet Council may declare
as tourist development zones of national interest those areas that meet
the requirements as special tourist attractions, but lack the basic infrastructure
to develop such activities. Parties investing in a tourist development
zone, who meet the established minimum investment, shall enjoy the following
tax incentives:
1. A twenty-
(20) year full exoneration from the payment of real property tax on the
land or any improvements owned and being used for tourist development activities.
2. A fifteen-
(15) year full exoneration from the payment of income tax on the company's
activities.
1. A twenty-
(20) year full exoneration from import duties, contributions, or taxes,
as well as the sales tax (ITBM tax) on the imported materials, equipment,
furniture, accessories, and spare parts used to construct, renovate, and
furnish their establishments, provided such items are not produced locally,
or are not produced in sufficient quantity or of the proper quality.
2. For the
purposes of this Law, the term "equipment" is understood to mean vehicles
with a minimum capacity of 8 passengers, aircraft, helicopters, motorboats,
ships, or sports supplies used exclusively for tourist activities.
4. A twenty-
(20) year exoneration from duties, contributions, taxes, or fees on the
use of piers or airports built by the company. These facilities may he
used free of charge by the Government of Panama, according to the appropriate
regulations.
5. A twenty-
(20) year exoneration from the payment of income tax on interest earned
by creditors from operations for investing in the tourist activity being
conducted.
Article
18. Any public tourist lodging company or restaurant not covered by
the above articles, but solely engaged in a tourist activity outside the
metropolitan area according to this law shall have the option of being
entitled to a Tourism Employment Certificate (Certificado de Empleo
al Turismo - CET) issued in its name, equivalent to twenty-one and
a half per cent (21.5%) of the gross monthly payroll as of the promulgation
of this law, provided this gross monthly payroll does not exceed four hundred
(US$400.00). In the case of restaurants this option shall be for a period
of three (3) years.
Article
19. CET'S, as contemplated in this Law, shall be issued in Panamanian
currency by the Ministry of Finance and Treasury, and may be applied to
the payment of income, dividend, complementary, real property, or sales
taxes, as well as import duties. These are nominal certificates transferable
by endorsement. They are exempt from all types of taxes, and may not earn
interest.
Article
20. To be entitled to CET’s, companies must meet all the requirements
set forth in this Law. CET's may be used six (6) months after their date
of issue, but not within the same year of issue. They shall be valid for
a period of three (3) years from their issue date.
Article
21. Wages of foreign employees, or those for any employment period
of less than twelve (112) months may not be included in the payroll for
the purposes of calculating the CET's established herein. Payroll control
procedures shall be established.
Article
22. Natural persons or companies engaged in tourist activities may
use their vehicles to transport their own materials, furniture, or equipment.
They may also provide tourist transportation service to their facilities,
and to and from airports and seaports.
Article
23. In order to encourage investment and financing for the development
of the tourist industry and the construction of hotels outside the metropolitan
area, public tourist lodging companies may issue nominal tourist investment
instruments until January 1, 2000.
The following
incentive is granted to investors in these instruments who are not connected
directly or indirectly with public tourist lodging, are not the result
of the division of a company into several companies, or affiliates or subsidiaries
of tourist companies:
For income
tax purposes, fifty per cent (50%) of the amounts invested by natural persons
or companies in the purchase of bonds, shares of stock, or other nominal
instruments issued by tourist companies may be considered as deductible
expenses. The Ministry of Finance and Treasury (Ministerio de Hacienda
y Tesoro) shall regulate the application of this article.
Companies registered
with the National Tourism Registry (Registro Nacional de Turismo)
must register, any bonds, shares of stock, or other financial instruments
with Panama's National Securities Commission, and must issue them within
the first three (3) years from its registration.
A company issuing
such bonds, shares of stock, or other nominal instruments may not redeem
them in any manner whatsoever for at least ten (10) years. Any bonds or
instruments issued by a tourist company shall be valid for a minimum period
of ten (10) years, and may not be redeemed earlier. These companies may
not purchase their own shares of stock, contributions, or convertible bonds,
and may not grant loans to the holders of any such bonds, shares of stock,
or nominal instruments; nor may they make use of any other mode for the
purchase or payment of said financial instruments for a minimum period
of ten (10) years.
Article
24. Tourist yachts calling at ports in the Republic of Panama, whose
stay does not exceed ninety (90) days are exonerated from the payment of
any and all types of the usual charges, taxes, or service fees upon arrival
or anchorage. Customs authorities may only perform their routine inspection
duties. No processing of documents by these agencies shall be required.
The Executive Branch shall regulate this provision |