Investing in Panama Real Estate Makes Sense - Incentives and Benefits

Panama “Bridge of the World, Heart of the Universe” welcomes all the foreign retirees and investors!

It is very important to state that foreigners have the same rights as Panamanian Citizens under the Panamanian Constitution

That is why the Panamanian government has created law to motivate foreigners to choose the Republic of Panama as a retirement destination with a great number of incentives and benefits such as the following:

The Republic of Panama offers a variety of benefits within its laws for retired and pensioned citizens of the Third and Fourth Ages and by which is created and regulates the stamp tax named Peace and Social Security. It states that Panamanian or foreign residing in Panamanian territory fifty-seven (57) years old or older, if they are female; or sixty-two (62) years old or older, if they are male; and all retired and pensioned by any gender, will receive benefits such as:

  • 50% discount over recreational fees and entertainment fees such as: movie theaters, theater, events, sports events and any public event.
  • 25% discount on airfare tickets
  • 25% discount on the value of any individual meal at any restaurant
  • 15% discount on fase food stablishments (Nacional or Internacional)
  • Discount on regular hotels, motels and pensions.
  • 15% discount on medical services
  • 10% discount on prescrited medications.
  • 20% discount on medical appointments
  • 25% discount on electric consumption
  • 25% discount on telephone consumption.
  • 20% discount on prosthesis as well as al assistance equipment and accessories.
  • Personal loans y commercial loans will be fee of taxes stipulated be the Especial Interest Compensation Fund (FECI, in Spanish)
  • Discount on percent points over interest rates on mortgage loans for primary residencies.
  • Freezing of property taxes, as long as the residence is under the elder name and is its primary residence.
  • The exemption in the payment of the appraisal rate of the property, as long as it is the only one and constitutes the primary residence.
  • Discount on Airport taxes.
  • Among others.

INCENTIVES AND BENEFITS FOR NEW PROJECTS IN THE REPUBLIC OF PANAMA:

Article 8. In order to motivate investment in new projects and in activities destined to offer tourist facilities, the following tax incentives are granted to natural or legal persons who accept the provisions of this Law:

Public tourist lodging service: for the constructions, equipping, rehabilitation and effective development of public lodging establishments indicated in subsection 1 of Article 6 of this Law, whose investment shall be at least Three Hundred Thousand Dollars (B/.300,000.00) in the metropolitan area and, in the rest of Panama, a minimum investment of Fifty Thousand Dollars (B/.50,000.00) excluding the value of the land, with the exception of lodges and family hostels (bed and breakfasts) whose minimum investment shall be set by the Panamanian Tourism Institute. The mentioned areas shall have the following incentives:

The mentioned areas apply to the following incentives

Total exoneration for twenty (20) years, from import duties, tax, liens or duties of any nature or class, which may devolve upon the importation of materials, utilities, furniture, equipment, boats or automotive vehicles with a minimum capacity of eight (8) passengers. The latter must be declared to be indispensable for the development of the tourist activity by the Panamanian Tourism Institute. The materials and equipment to be exonerated must be utilised in the construction and equipping of the public lodging establishment. This incentive is granted only where these articles are not produced in the country or cannot be produced in sufficient quantity or quality. Likewise, these exonerations of all equipment imported for the purpose of saving energy or which are necessary for the security of the project area. In the case of the ecotourism activities indicated in Article 6 of this Law, the import duties exonerated shall be permitted for four-wheel drive automotive vehicles with a minimum capacity of five (5) passengers.

Exoneration from land tax, for a twenty (20) year period counted from the date of registration in the National Tourist Registry. This exoneration shall cover all real property of the company, provided that they are completely used in the tourist activities.

Exoneration of the company of all taxes or assessments of capital.

Exoneration from the payment of taxes of docking and any rates of landing at docks, airports or heliports constructed on the company's property or converted by the company. These facilities may be used, without charge, by the State.

Exemption from the payment of income tax on interest paid to creditors of the investments made in operations for public lodging establishments.

For the purpose of calculating the depreciation on the real estate, a rate of ten percent (10%) per annum, shall be allowed, excluding the value of the land.

Investments in General Historic Monuments in the Republic of Panama: for the activities contemplated in subsection 5 of Article 6 of this Law, which are located in the General Historic Monuments in which the National Cultural Institute authorises project construction within its properties, whose minimum investment shall be One Hundred Thousand Dollars (B/.100,000.00), excluding the value of the land, the following incentives shall be granted:

Exoneration for a ten (10) year term of land tax, and for a thirty (30) year term taxes on the improvements.

Exoneration of income tax on the profits of the company, for the first five (5) years of the commercial activity. Upon completing this term and for the following five (5) years, the company may deduct as expenses the losses incurred during the three (3) previous years.

Exoneration, once only, of import duties on the equipment and materials used in the construction, remodelling and equipping, provided that the merchandise is not produced in the country in sufficient quantity and quality and it is not destined for sale to the general public.

Article 9. Every natural or legal person who investments in the restoration or maintenance and illumination of the General Historic Monuments, municipal parks, national parks or any other public site; as well as the promotion and capacitating of tourism, which in the opinion of the Treasury Ministry and under the management of the Panamanian Tourism Institute, may be considered as a deductible cost the investment made in such projects.

INCENTIVE FOR THOES COMPANIES DEDICATED TO OPERATE TOURIST RECEPTION IN THE REPUBLIC OF PANAMA


Article 10. Those companies dedicated exclusively to operate as tourist reception in the Republic of Panama, shall be granted the following tax incentives: Exoneration every three (3) years from import duties on imports of microbuses, limousines, omnibuses, embarkations and spare parts for these, provided that they are declared by the Panamanian Tourism Institute to be indispensable for the adequate running of the tourist service. These vehicles may be sold upon the payment of the respective import duties.

Article 11. The natural or legal transporters who offer the collective transport services in airports, docks and hotels, are exonerated from import duties on the import of automotive vehicles used exclusively for tourist activities, provided that they are approved by the Panamanian Tourism Institute.

Article 12. Those companies dedicate to restaurant, discotheque, and night club activities, declared to be of tourist interest by the Panamanian Tourism Institute, and whose minimum investment is of One Hundred and Twenty Thousand Dollars (B/.120,000.00) in the metropolitan area and Twenty Thousand Dollars (B/.20,000.00) in the rest of the country, excluding the value of the land, are exonerated for a period of three (3) years, counted from the date of registration with the National Tourism Registry, from import duties on all materials, equipments and utensils used in the construction and equipping of the establishment, provided that they are not produced in the country or are not produced in sufficient quantity and quality and are considered by the Panamanian Tourism Institute important for the development of the activity.

Article 13. Every company that in the national territory undertakes filming activities of full-feature films of an international nature, or international artistic, sporting or other events which are transmitted overseas, which project before, during or after the event images that promote tourism in the Republic of Panama, shall have the following benefits:

Total exoneration from the payment of income tax on the profits of such event, except where the payment of such taxes is considered to be a tax credit in their respective country.

Total exoneration of any national tax applicable to such an event.

Temporary exoneration from import duties, contribution, assessment rates or rates of any kind or nature applicable to the introduction of equipment, utilities, parts, technical material which the communication company imports for the transmission to other countries and all material used during the even, which shall be removed from the country upon finishing the event.

Exoneration from import tax for the sportspersons and national and foreign artists who participate in such events.

Article 14. All publicity material is exonerated from import duties, provided that they are freely distributed, with prior verification by the Panamanian Tourist Institute.

The Panamanian Tourism Institute shall have a period of fifteen (15) working days in which to approve or object to the documents referred to in this article.

BENEFITS OF EXONERATION FROM INCOME TAX IN THE REPUBLIC OF PANAMA DERIVED FROM:

Article 15. All income derived from the following is exonerated from income tax:

The operation of boats or airplanes registered overseas, if in those countries there is a reciprocal exemption on income earned by Panamanian registered boats or airplanes;

The operation of boats and airplanes of any nationality, by foreigners whether resident or not in the national territory, as long as the country of which they are nationals or in which their company is formed, grants a similar exemption to companies registered in Panama or persons domiciled in Panama in accordance with the principle of reciprocity.

INCENTIVES FOR THE CONSTRUCTION AND REHABILITATION OF THE REPUBLIC OF PANAMA:

Article 16. For the construction, equipping, access infrastructure, restoration and operation of convention centres, recreational parks, zoos, specialised ecotourism centres and marinas, the following tax incentives are granted:

Exoneration for three (3) years from import duties on the import of materials and equipment to be used in the construction and equipping, provided that the merchandise is not sold, cannot be produced in the country and is considered by the Panamanian Tourism Institute as important for the undertaking of the activity.

Depreciation of the real estate for a period of ten (10) years.

Exoneration from real estate tax on the improvements for a period of twenty (20) years.

INCENTIVES FOR INVESTORS IN THE TOURISTIC SECTORS OF THE REPUBLIC OF PANAMA

Article 17. The Cabinet Counsel, upon request by the Panamanian Tourism Institute, may establish that those areas which meet the special conditions to attract tourists but which lack basic infrastructure for the development of this activity as "tourist development zones of national interest". Those persons that invest in tourist development zones and that undertake the minimum investment which the zone requires, shall be granted the following tax incentives:

Total exoneration for a period of twenty (20) years from the payment of land tax on the land and the improvements, for those properties used in the tourist development activities.

Total exoneration for a period of fifteen (15) years from the payment of income tax on the company's income.

Total exoneration for a period of twenty (20) years from import duties, contribution or assessments, as well as chattels transfer tax (ITBM) which may be due upon the import of materials, equipment, furniture, accessories, or spare parts which are used in the construction, rehabilitation and equipping of the establishment, provided that the merchandise is not produced in Panama or is not produced in sufficient quality and quantity. For the purposes of this Law, vehicles with a minimum capacity of eight (8) passengers, airplanes, helicopters, boats, ships or sports gear, dedicated exclusively to tourist activities shall be considered to be equipment.

Exoneration for twenty (20) years from taxes, contributions, assessments or rights of any sort or type which may apply to the use of docks or airports constructed by the company. These facilities may be used, gratuitously, by the State and in accordance with the corresponding rules.

Exoneration for twenty (20) years from the payment of income tax which may apply to creditors' interest from investments made in tourist activity operations.

Article 18. Should a tourist company of public lodging or restaurants, choose not to accept the exonerations which are granted in the previous articles, the company whose only activity is tourism as established in this Law and whose place of business is outside the metropolitan area, may receive a Certificate of Tourism Employment (CET) which shall be equivalent to twenty one and a half percent (21.5%) of the gross monthly salary of the employment generated as of the promulgation of this Law, provided that said gross monthly salary shall not exceed Four Hundred Dollars (B/.400.00).

For those restaurants to which this applies, they shall be valid for a period of three (3) years.

Article 19. The Certificates of Tourism Employment (CET) referred to in this Law, shall be issued by the Ministry of exchequer and Treasury, in national currency and shall serve to pay the taxes which may apply to income, dividends, complimentary, land, imports and the transfer of chattels.

These instruments shall be registered, transferable by endorsement, and shall be exempt from all class of taxes and shall bear no interest.

Article 20. Those companies eligible to receive the Certificates of Tourism Employment (CET), shall fulfil all the requirements established in this Law and may used these within six (6) months of their issuance, but may not be used in the same year in which they are issued. The period for which a Certificate of Tourism Employment shall be valid shall be three (3) years from the date of their issuance.

Article 21. For the purposes of the Certificate of Tourism Employment (CET), mentioned in this Law, no consideration shall be given where an employee is a foreigner or where a labour relationship is for less than twelve (12) months.

Procedures of control shall be established to verify payrolls.

Article 22. Those natural or legal persons who undertake tourist activities may use their vehicles to transport their own materials, furniture and equipment. Likewise, they may offer transport services to tourists, to or from their installations to airports and docks.

Article 23. In order to sponsor the investment and financing of the development of the tourist industry and the construction of hotels outside the metropolitan area, the tourist companies of public lodging, may issue registered instructions of tourist investment until the 1st of January of the year 2000. The following incentives shall be granted to investors in these instructions, who may be be directly or indirectly related to the tourist company of public lodging, and which may not be the result of the fractioning of a single company into various legal persons, nor be affiliates of subsidiaries of the tourist companies.

For the purpose of income tax, fifty percent (50%) of the amount investment by natural or legal persons in the purchase of bonds, shares and other registered instruments issued by a tourist company shall be considered deductible expenses. The Ministry of Exchequer and Treasury shall regulated the application of this article.

The bonds, shares and other financial instruments must be registered with the National Securities Commission and shall be issued by the companies which are registered in the National Tourism Registry within the first three (3) years of their registration.

The company which issues said bonds, shares and other registered instruments may not redeem, in any way, said investment for a period of ten (10) years. The bonds or financial instruments which the tourist company issues must have a lifespan of at least ten (10) years, and may not be prepaid. Said companies may not acquire their own shares or participation quotas or convertible bonds, nor may they grant loans to holders of such bonds, shares or registered instruments, nor make use in any other way of purchase or payment of such financial instruments in the period of ten (10) years.

Article 24. Tourism yachts which visit Panamanian ports and whose stay shall not exceed a period of Ninety (90) days shall be exonerated from the payment of any kind of appraisals, taxes and services for arrival or anchorage, even those usually paid by local custom.

Customs authorities shall only complete their routine inspections and registration. It shall not be necessary to process documentation in this agency. The Executive Branch shall regulate this provision

INCENTIVES FOR THE OWNER, PROMOTER OR INVESTOR:

Article 25. The total sums invested by any person or company in the construction, rehabilitation, restoration, expansion, maintenance, lighting or improvement or parks, walls, green areas, churches, or any other site destined for public use within the Old Panama City Historical Complex, will be recognized as an expense deductible for income tax purposes, as long as they are carried out in accordance with Historical Heritage laws in force.

Article 26. The owner of a building located within the Old Panama City Historical Complex that has been rebuilt or restored, in part or wholly, will be exempt from the payment of Income Tax over the utilities received from the lease, sale or transfer of part or the whole building, for a period of ten (10) years starting from the date of issuance of the occupancy permit for the whole building or the restored part.

INCENTIVES FOR THE LEASEHOLDER:

Article 31. The leaseholder of a constructed, reconstructed or restored building, destined for housing, and located in Panama City’s Old Quarter, may deduct their lease payments from their gross or general income for a period of five (5) years starting from the date of issuance of the occupancy permit for the leased building.

INCENTIVES FOR BUILDINGS AND PARKING AREAS:

Article 32. Companies that own, promote or lease buildings or lots located in Panama City’s Old Quarter to serve as public vehicle parking areas will be exempt from the payment of Income Tax over the utilities produced by this activity, for a period of ten (10) years starting from the date of issuance of the occupancy permit for the building or lot, as the case may be.

There are other law in the Republic Panama that also offer great benefits that will make it easier when taking a decisión to invest in “PANAMA”.

For any other information on counseling or legal services within real estate interests, visas and other do not hesitate to contact us today!!! and one of our experienced lawyers of the Republic of Panama will get to you shortly.

 

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