Important change in turnover tax law Curacao

Until the year 2016, entities[1] which were (i) exclusively or almost exclusively engaged in activities outside of Curaçao, including the so called ‘offshore companies’ falling under the “old” Curaçao Profit Tax Ordinance[2], tax exempt companies, SPFs and trusts, and (ii) in the possession of a foreign exchange license (“deviezenvergunning”), were not considered taxable subjects for Curaçao turnover tax (“omzetbelasting”).

 As of the year 2017, these entities are considered taxable subjects for Curaçao turnover tax if they are an entrepreneur. Entrepreneurs for turnover tax purposes[3] are all (natural or legal) persons/entities that either (i) carry out a business or (ii) exploit an asset to receive income[4] on a durable basis. Such (off- or onshore) entities are obliged to file turnover tax returns as taxable subjects even if the activities fall under a turnover tax exemption (e.g. foreign transactions by a company with a foreign exchange license).

We hereby would like to inform you that the 2017 annual turnover tax return must be filed no later than February 15, 2018. If you have any questions regarding the above or would like us to file a turnover tax return on behalf of one or more specific entities, please contact us before February 10, 2018.

[1] Not entities with a Curaçao e-zone license

[2] The National Ordinance “Landsverordening op de Winstbelasting 1940”, P.B. 1940-34, as in effect on December 31, 1999.

[3] Hence not entrepreneurs for profit tax purposes

[4] For example, but not limited to, the exploitation of assets such as intellectual property rights, real estate or a car