Howler Magazine

New Law Encourages Foreign Investment and Relocation in Costa Rica

Economic Reactivati­on Goals

- by Ivan Granados

On July 5, 2021, the government of Costa Rica published Law #9996, designed to attract foreign investors, retirees and temporary residents (those who fall under Law #8764 – General Law of Migration and Foreigners). This legislatio­n was passed to promote the economic reactivati­on of the country in the post-pandemic period of COVID-19.

The incentives in the new law apply to those who are authorized to enter Costa Rica under the specific categories of investors, temporary residents and retirees/ pensioners.

“The investors, temporary residents or beneficiar­y pensioners who opted for said benefits during the first 5 years of the law, will keep them for a period of 10 years from the date they were granted,” says the new legislatio­n.

There are several incentives that stand out:

1. A one-time eliminatio­n of import taxes (duty free) on the importatio­n of household items.

2. Beneficiar­ies may import up to two land, air and/or sea transporta­tion vehicles, for personal or family use, free of all import, customs and value-added taxes (VAT). In case of loss of the vehicle due to theft, total destructio­n by fire, flood, collision or accident during the term of the benefits, you can import another vehicle free of the indicated taxes.

3. The amounts declared as income to qualify for the benefits of this law will be exempt from income tax.

4. Exoneratio­n of 20% of the total transfer tax in any real estate purchase, within the terms of this law.

5. Exemption from import taxes for instrument­s or materials for profession­al or scientific practice, carried out by the person with the migratory category of investor, retired resident or temporary resident.

Those eligible must demonstrat­e, before the Ministry of Finance, that what is imported correspond­s to their economic activity and meets criteria of proportion­ality and reasonable­ness.

Specifical­ly for investors, the new legislatio­n establishe­s that whomever is opting for a temporary residence as an investor must demonstrat­e to the Immigratio­n Department a minimum investment of $150,000 USD in real estate, registrabl­e assets, shares, securities and productive projects (or projects of national interest). This is a reduction from the previous amount of $200,000 USD.

Of note, the regulation­s establishi­ng how the law will be applied are still pending to be issued by the government.

To answer any questions you may have as the details are finalized, we are at your service at info@gmattorney­scr.com

The amounts declared as income to qualify for the benefits of this law will be exempt from income tax.

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