C. R. & F. Rojas Abogados

Supreme Decree No. 4539 – Integral Incentive for the Use of Electric Energy for the Improvement of the Environment, Energy Saving and Efficiency

On July 7, 2021, the government published Supreme Decree No. 4539, whose purpose is to comprehensively encourage the use of electric energy in order to contribute to the improvement of the environment, energy savings and efficiency through:

  1. Tax incentives for the manufacture, assembly and importation of electric and hybrid automotive vehicles and electric and hybrid agricultural machinery;
  2. Financial incentives for the manufacture, assembly and purchase of electric and hybrid automotive vehicles and electric and hybrid agricultural machinery;
  3. Tax incentives for equipment and/or accessories for energy systems and distributed generation.

The regulation establishes tax incentives for manufacturing, assembly and importation.

2016. Companies that import goods coming from foreign or national territory to Industrial Free Zones, consigned to authorized users thereof, for the manufacture and/or assembly of electric and hybrid automotive vehicles and electric and hybrid agricultural machinery, within Industrial Free Zones, are not subject to the payment of import taxes, in accordance with the provisions of Article 134 of Law No. 1990, of July 1999, which establishes the tax incentives for the manufacture, assembly and importation of equipment and/or accessories for energy systems and distributed generation. 1990, of July 28, 1999, General Customs, shall enjoy benefits established in the Regulations of the Special Regime of Industrial Free Zones, approved by Supreme Decree No. 2779, of May 25, 2016.

2017. In order to encourage the assembly of electric vehicles, the tariff rates for the import of telematic controllers, telematic systems and electric motors are modified, as established in Annex I, which is an indivisible part of this Supreme Decree.

  • The rates of the Tariff Tax and the Specific Consumption Tax – ICE for electric and hybrid automotive vehicles, which in Annex II is an indivisible part of this Supreme Decree, are modified.

The modification of the rates for the payment of ICE shall be effective for five (5) years as from the publication of this Supreme Decree, upon expiration of which the corresponding rates shall be reinstated.

  • The rates of the Tariff Tax for electric agricultural machinery, which in Annex III is an indivisible part of this Supreme Decree, are modified.
  • The regulation also establishes financial incentives for manufacturing, assembly and purchase.
  • The granting of credits for the manufacture, assembly and purchase of electric and hybrid automotive vehicles, as well as the manufacture or assembly of electric and hybrid agricultural machinery in national territory and the acquisition of electric and hybrid agricultural machinery by producers, shall be considered as financing to the productive sector, and the Financial System Supervisory Authority – ASFI, shall incorporate in the regulatory norms, the criteria and conditions for such purpose, which shall also be applied by the financial intermediation entities that already have financial products for such purpose.
  • In the case of financing to natural persons, for the purchase of electric and hybrid automotive vehicles, the maximum interest rate established for the micro-sized productive unit, provided in Paragraph I of Article 5 of Supreme Decree No. 2055, dated July 9, 2014, shall apply.
  • ASFI, in order to comply with the provisions of Paragraph I of this Article, shall issue regulations within a maximum term of thirty (30) business days, as from the publication of this Supreme Decree.

The regulation also establishes tax incentives for equipment and/or accessories of energy systems and distributed generation.

The tariff rates for the import of recharging systems (electric vehicle chargers), Bi-directional and smart meters, inverters and goods, which in Annex IV are an indivisible part of this Supreme Decree, are modified.

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