Lv. Wijziging grondbelasting Aruba (per 1 januari 2019)

281 comments

2018 no. 81

AFKONDIGINGSBLAD

VAN ARUBA

LANDSVERORDENING van 21 december 2018 tot wijziging van de Lands verordening grondbelasting (AB 1995 no. GT 3), de Landsverordening belas ting over bedrijfsomzetten en additionele voorzieningen PPS-projecten (AB 2006 no. 83) en de Landsverordening bestemmingsheffing AZV (AB 2014 no. 59)

Uitgegeven, 27 december 2018

De minister van Justitie, Veiligheid en Integratie

A.C.G. Bikker

Pagina 2

Afkondigingsblad van Aruba 2018 no. 81

IN NAAM VAN DE KONING!

DE GOUVERNEUR van Aruba,

In overweging genomen hebbende:

dat het in het kader van het fiscale beleid van de regering wenselijk is om door te gaan met de hervormingen met als doel een verdere moder nisering en vereenvoudiging van het Arubaanse belastingstelsel; dat het in dat kader tevens wenselijk is om jegens zowel de consument als de belastingplichtige duidelijkheid te verschaffen ten aanzien van de heffing van de belasting op bedrijfsomzetten, de belasting additionele voorziening PPS-projecten en de bestemmingsheffing AZV;

Heeft, de Raad van Advies gehoord, met gemeen overleg der Staten, vastge steld onderstaande landsverordening:

Artikel I

De Landsverordening grondbelasting (AB 1995 no. GT 3) wordt als volgt ge wijzigd:

A

Artikel 11 komt te luiden:

Artikel 11

1. De belasting bedraagt een percentage van de totale waarde

van de onroerende zaken, zoals bepaald in deze landsveror dening.

Pagina 3

Afkondigingsblad van Aruba 2018 no. 81

2. Voor belastingplichtigen zijnde natuurlijke personen die inge

zetene zijn van Aruba bedraagt het percentage: – bij een waarde van Afl. 120.000,- of minder: 0 %; – bij een waarde vanaf Afl. 120.000 doch minder dan

250.000,-: 0,20 %; – bij een waarde vanaf Afl. 250.000,- doch minder dan Afl.

500.000,-: 0,30 %; – bij een waarde vanaf Afl. 500.000,- doch minder dan Afi.

750.000,-: 0,40 %; – bij een waarde vanaf Afl. 750.000,- of meer: 0,60 %. 3. Voor andere dan de in het tweede lid bedoelde belasting

plichtigen, bedraagt het percentage 0,6 % van de totale waar de van de onroerende zaken.

B

in artikel 23 vervalt het tweede lid onder vernummering van het derde lid tot het tweede lid;

C

in artikel 24 worden de volgende wijzigingen aangebracht: 1o. in het eerste lid wordt de punt aan het eind van onderdeel f vervan

gen door een puntkomma en wordt een nieuw onderdeel toege voegd, luidende:

g. bestemmingswijziging. 2o. het derde lid komt als volgt te luiden:

3. In de gevallen als bedoeld in het eerste lid worden de

aanslag en de belastbare waarde van de onroerende zaak met ingang van het belastingjaar, volgend op het jaar waarin de wijziging plaatsvond opnieuw vastgesteld

op de voet van de bepalingen van de hoofdstukken I en II. 3o. het vierde lid vervalt.

Pagina 4

Afkondigingsblad van Aruba 2018 no. 81

D

na artikel 24 wordt een nieuw artikel ingevoegd, luidende:

Artikel 25

1. In afwijking van de artikelen 6 en 7 van de Algemene lands

verordening belastingen (AB 2004 no. 10) dient degene die: a. het genot verkrijgt van een onroerende zaak krachtens

het recht van bezit of enig ander zakelijk recht, hiervan binnen één maand na verkrijging aangifte te doen bij de Inspecteur; ingeval meerdere personen het genot verkrij gen van de onroerende zaak kan één van hen als verte genwoordiger de in de eerste volzin bedoelde aangifte

doen. b. het genot heeft van een onroerende zaak krachtens het

recht van bezit of enig ander zakelijk recht, binnen één maand nadat zich wijzigingen voordoen als bedoeld in ar tikel 24, eerste lid, hiervan aangifte te doen bij de Inspec teur; ingeval meerdere personen het in de eerste volzin bedoelde genot hebben van de onroerende zaak kan één van hen als vertegenwoordiger de in de eerste volzin be

doelde aangifte doen. 2. De Inspecteur kan een ieder die vermoedelijk het genot heeft

van een onroerende zaak krachtens het recht van bezit of enig ander zakelijk recht uitnodigen tot het doen van een aangifte. De aangifte dient binnen een termijn van twee maanden na de uitnodiging bij de Inspecteur te worden ge

daan. 3. De Directeur stelt het model van de aangifte vast. 4. De Directeur kan bepalen dat en onder welke voorwaarden

het is toegestaan om langs elektronische weg aangifte te doen.

Pagina 5

Afkondigingsblad van Aruba 2018 no. 81

5. Ingeval de aanslag tot een te laag bedrag is vastgesteld, om

dat niet is voldaan aan de aangifteplicht zoals bedoeld in dit artikel kan de Inspecteur gelijktijdig met de vaststelling van de aanslag een boete van ten hoogste 100% opleggen.

Artikel II

In de Landsverordening belasting over bedrijfsomzetten en additionele voor zieningen PPS-projecten (AB 2006 no. 83) wordt na artikel 9a een nieuw arti kel ingevoegd, luidende:

Artikel 9b

1. Het is de ondernemer verboden in de gevallen waarin ingevolge

deze landsverordening belasting verschuldigd is goederen en diensten aan te bieden tegen prijzen waarin de belasting niet is

begrepen. 2. Het is de ondernemer verboden om op facturen en betalings

bewijzen te vermelden dat over de bedrijfsomzet welke door de

levering of dienst wordt gerealiseerd belasting wordt geheven. 3. De Inspecteur kan aan de ondernemer die het verbod van het

eerste of tweede lid, overtreedt een boete opleggen van ten hoogste Afl. 10.000,-.

Artikel III

De Landsverordening bestemmingsheffing AZV (AB 2014 no. 59) wordt als volgt gewijzigd:

A

artikel 5 vervalt;

Pagina 6

Afkondigingsblad van Aruba 2018 no. 81

B

na artikel 11 wordt een nieuw artikel ingevoegd, luidende:

Artikel 11a

1. Het is de ondernemer verboden in de gevallen waarin inge

volge deze landsverordening bestemmingsheffing AZV ver schuldigd is, goederen en diensten aan te bieden tegen prij

zen waarin die heffing niet is begrepen. 2. Het is de ondernemer verboden het door hem verschuldigde

bedrag aan bestemmingsheffing AZV op de factuur of het be

talingsbewijs te vermelden. 3. De Inspecteur kan aan de ondernemer die het verbod van het

eerste of tweede lid, overtreedt een boete opleggen van ten hoogste Afl. 10.000,

Artikel IV

1. Deze landsverordening treedt in werking met ingang van 1 januari 2019. 2. Met betrekking tot de aangifteplicht opgenomen in artikel 25 van de

Landsverordening grondbelasting (AB 1995 no. GT 3), dient de belas tingplichtige die redelijkerwijs weet of had moet weten dat hij ten onrech te geen aanslag grondbelasting heeft ontvangen voor het jaar 2018, dan wel dat de aanslag grondbelasting voor het jaar 2018 tot een te laag be drag is vastgesteld, uiterlijk 1 april 2019 te voldoen aan de aangifteplicht zoals opgenomen in artikel I, onderdeel D.

Gegeven te Oranjestad, 21 december 2018 J.A. Boekhoudt

De minister van Financiën, Economische Zaken

en Cultuur, X.J. Ruiz-Maduro

Pagina 7

Afkondigingsblad van Aruba 2018 no. 81

De minister van Algemene Zaken, Integriteit, Overheidszorg, Innovatie en Energie, E.C. Wever

De minister van Justitie, Veiligheid en Integratie, A.C.G. Bikker

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