PROCEDURE FOR DECLARATION, SELF-ASSESSMENT, AND PAYMENT OF CONTRIBUTIONS TO FONACIT AND OBTAINMENT OF ELECTRONIC CLEARANCE CERTIFICATE OF THE CONTRIBUTION

 

Ruling No. 015-029 of April, 15, 2021, issued by the National Fund of Science, Technology, and Innovation (Fondo Nacional de Ciencia, Tecnología e Innovación – “FONACIT”), was published in Official Gazette No. 42.128 of May 17, 2021 (the “Ruling”). The Ruling established the procedure for declaration, self-assessment, and payment of the contributions to science, technology, and innovation and obtainment of the electronic clearance certificate of the contribution.

The Ruling informs about the components for calculating the contribution to science, technology, and innovation and the procedure to be followed for obtaining the electronic clearance certificate of the contribution. In order to obtain said certificate, the person/entity requesting the certificate must be registered with the System for Declaration and Control of the Contribution to Science, Technology, and Innovation (Sistema para la Declaración y Control del Aporte de Ciencia, Tecnología e Innovación – “SIDCAI”).

After being registered with the SIDCAI, the contributors must proceed with their self-assessment, declaration, and payment of the contribution during the second quarter following the close of the relevant fiscal year, always provided that their annual gross income has exceeded 100,000 Tax Units.

In order to determine the contribution, the FONACIT will use the contributor’s data contained in Form DPJ 99026 Declaración Definitiva Persona Jurídica Impuesto Sobre la Renta (ISLR) (“Form DPJ”), filed with the National Integrated Service of Customs and Tax Administration (Servicio Nacional Integrado de Administración Tributaria – “SENIAT”). The following items will be added: (i) total net income (territorial source); (ii) net income (extraterritorial source); (iii) income inherent in the activity (exempt/exonerated income). The total amount resulting from this addition must be multiplied by the percentage of the rate, which encompasses 0.5%, 1% and 2%, depending upon the economic activity performed.

The Ruling establishes that the exemptions prescribed for Income Tax or for any other type of tax, rate or contribution, will not be applicable to the payment of the contributions to science, technology, and innovation.

In the cases in which there is a failure to pay the contribution, FONACIT and the contributor must apply the payment of the tax liability in the following order: (i) fine; (ii) default interest; (iii) contribution; according to article 44 of the Constituent Decree through which the Organic Tax Code was issued. If the contributor, upon the end of the second quarter following the close of the fiscal year or upon the end of the extension, has not made the self-assessment, declaration, and payment of the contribution, a fine equivalent to 50% of the amount of the contribution owed will be applied. The time extensions and payment facilities granted to the contributors will accrue interest on the financed amounts and failure to pay the contribution within the period of time established at the end of the relevant fiscal period will accrue default interest up to the time when the debt is fully extinguished.

With respect to the penalizing administrative proceeding prescribed in article 57 of the Decree with the Status, Value, and Force of Law of Amendment to the Organic Law of Science, Technology, and Innovation, the Ruling provides that it will be applicable only in the cases in which FONACIT carries out “in situ” control, audit, inspection, and investigation of the contributors and determines the existence of indications leading to presume the failure to make the contribution because: (i) there is no agreement with Form DPJ or (ii) force majeure or acts of God have been claimed.

The Ruling establishes that the payments of the contribution, fine, and default interest must be made through a bank deposit or electronic transfer in the collecting accounts established by FONACIT. If there are faults in the SIDCAI at the time of notifying the payment, it must be notified within the 3 following business days to the email: recaudación@fonacit.gob.ve

In order to request the Electronic Clearance Certificate of the contribution, the following documents must be loaded, in PDF format, in the SIDCAI: (i) document of registration with the Mercantile Registry and last Minutes of Shareholders’ Meeting; (ii) Fiscal Information Registry; (iii) income tax returns of the last 3 years; (iv) bank deposit or electronic transfer of payment of the contribution. In addition, FONACIT may require any additional information that it deems necessary, in PDF format.

After receiving the request, FONACIT’s Collection Management will proceed, within the 3 following business days, to issue a report showing the status of the request; in the event of omission, the Management will inform it to the person/entity making the request, via electronic mail and within 5 business days following receipt of the request; the person/entity making the request must remedy the omission or fault within 5 days following the notification given by the Management.

The Electronic Clearance Certificate of the Contribution will be issued after the FONACIT’s Collection Management verifies compliance with the provisions of the Ruling and in a period of 8 business days following receipt of the request for said Certificate. Once the Certificate has been reviewed and validated, it will be issued and backed by the electronic signature of FONACIT’s President. The Certificates will be valid for 1 year as per the fiscal year for which the contribution obligation is to be performed.

Administrative Rulings Nos. 015-002 and 015-003, both dated June 18, 2015, published in Official Gazette No. 40.804 of December 7, 2015, were repealed.

The Ruling became effective upon publication of the same in the Official Gazette.

In order to access the Decree, please click here.

Should you have any question or comment or require further information, please contact the partner in charge of your account via email.