Rules in force as of October 28, 2026. The power of attorney, the contract and the deposit are covered in how to rent out your property from abroad.
All of this applies to contracts governed by the Ley del Régimen Especial de Arrendamiento de Inmuebles Destinados a Vivienda (special residential lease law; Gaceta Oficial No. 7.065 Extraordinario, August 7, 2026). That law excludes homes the tenant was already occupying under a lease on that date, "mientras persista esa posesión" (for as long as that possession continues) (article 2). We assume you are not a sujeto pasivo especial (special taxpayer; a contribuyente especial).
Three ways to collect and their IGTF
Article 14 provides for a canon (rent) set "en moneda distinta al bolívar" (in a currency other than the bolívar). In that case, if both agree, the tenant may pay the equivalent in bolívares at the exchange rate of the Banco Central de Venezuela (BCV, the central bank) on the date of payment. The contract must state the amount of the canon and the form of payment (article 8, numeral 4).
The IGTF (tax on large financial transactions) taxpayer is the one who pays, the tenant, under the Ley de Impuesto a las Grandes Transacciones Financieras (Large Financial Transactions Tax Law; Gaceta Oficial No. 6.687 Extraordinario, 2022). Its article 4, numeral 5, taxes at 3% (article 24) payments in foreign currency "dentro del sistema bancario nacional, sin intermediación de corresponsal bancario extranjero" (within the national banking system, without the intermediation of a foreign correspondent bank).
| How you are paid | IGTF according to the text of the law |
|---|---|
| From the tenant's account abroad to yours abroad | It is not "dentro del sistema bancario nacional" (within the national banking system); no published criterion from the SENIAT (the national tax authority) |
| In foreign currency, to your cuenta custodia (foreign-currency custody account) at a Venezuelan bank | 3% (numeral 5), even if you are a private individual according to our reading, because the numeral does not mention who receives |
| In bolívares, at the BCV equivalent | Not in numerals 5 or 6. If you later buy foreign currency, the law exempts "las operaciones cambiarias realizadas por un operador cambiario debidamente autorizado" (exchange transactions carried out by a duly authorized exchange operator) (article 8, numeral 4); that it covers your purchase is our reading |
Unresolved discrepancy: Decreto No. 4.924 (decree; Gaceta Oficial No. 42.823, 2024) declared payments in foreign currency to someone who is not a sujeto pasivo especial not subject to the tax (article 5, numeral 3), but it lasted one year (article 7) and the law does not contain that condition. More cases in IGTF on foreign-currency payments.
Account abroad. State in the contract the bank, the account holder and the currency.
Cuenta custodia in Venezuela. The Convenio Cambiario No. 1 (exchange agreement; article 32) allows funds in foreign currency to be held at universal and microfinance banks by "las personas naturales mayores de edad residenciadas en el territorio nacional" (adult individuals residing in the national territory) and by legal entities "domiciliadas o no" (domiciled or not). But its last paragraph speaks of funds of "personas naturales mayores de edad y jurídicas domiciliadas o no en la República Bolivariana de Venezuela" (adult individuals and legal entities domiciled or not in the Bolivarian Republic of Venezuela). It is not clear whether a non-resident may hold one: ask your bank. In addition, IESA (a Venezuelan business school; 2023) reported that, on instructions from Sudeban (the banking regulator), since 2022 banks had been restricting operations on these accounts, including transfers between cuentas custodia, except cash deposits and withdrawals. If you later send that foreign currency abroad through a foreign correspondent, that transfer does not fit the letter of numeral 5.
The SENIAT's portal does not load from outside Venezuela, so we did not see its criteria: confirm with your bank and your accountant.
ISLR (income tax): 34% and who must withhold
Rent from a property located in Venezuela is Venezuelan-source income (the Ley de Impuesto sobre la Renta, or Income Tax Law, Gaceta Oficial No. 6.210 Extraordinario, 2015, article 6, literal g). A non-resident is someone who does not spend more than 183 days of the calendar year in the country and is not domiciled under the Código Orgánico Tributario (tax code); but someone who spent more than 183 continuous days in the country in the previous calendar year counts as resident (article 51 and its parágrafo único).
Must the tenant withhold? Until the SENIAT issues new providencias (administrative orders), Decreto No. 1.808 (the income tax withholding decree) of 1997 applies (article 196 of the Law). Its article 9, numeral 12, requires withholding on the payments that administradores de bienes inmuebles (property managers) make to landlords, "así como los que efectúen directamente al arrendador, las personas jurídicas o comunidades" (as well as those that legal entities or co-ownerships make directly to the landlord). For a non-resident individual landlord, the withholding is 34%, calculated "sobre el monto total de cada pago o abono en cuenta" (on the total amount of each payment or credit to account) (parágrafo sexto).
| Who pays you | Is ISLR withheld? |
|---|---|
| An individual tenant, directly | Numeral 12 does not include them, so it does not oblige them |
| A legal entity (a company, for example) or a comunidad (co-ownership) | Yes, 34% of each payment |
| An administrador de bienes inmuebles (a management company, for example) | Yes, 34% of what it pays you |
Withholding is made on payment or on crediting to account, whichever happens first (article 84 of the Law). The amount withheld is credited against the tax on your return, without prejudice to offset or refund (article 11 of the Decree). The Decree does not say how to withhold on a canon paid in foreign currency. To convert to bolívares, the Reglamento uses the average exchange rate of the fiscal year (article 23, parágrafo segundo); we could not confirm how the SENIAT applies it today to Venezuelan-source rental income. Deductions and deadlines: ISLR on a rental.
The RIF
Under article 1 of the providencia that regulates the RIF (tax ID number; text reprinted in Gaceta Oficial No. 43.435, August 12, 2026), non-residents without a permanent establishment or fixed base who "posean bienes susceptibles de ser gravados" (own assets liable to be taxed) in the country must register. Anyone registered must show their number "en las facturas y demás documentos o contratos que expidan o suscriban" (on the invoices and other documents or contracts they issue or sign) (article 10, literal a). Put it in the contract and on your receipts.
An apoderado who collects for you
The Código Civil (civil code) validates payment made to the creditor "o a una persona autorizada por el acreedor mismo" (or to a person authorized by the creditor himself) (article 1.286). If your apoderado (attorney-in-fact) receives the canon, have the contract name them and state the account into which payment is made. If the contract does not set the place and it is not a specific, determined thing, payment is made at the debtor's domicile, the tenant's (article 1.295); that a canon in money falls under this rule is our reading.
A power of attorney in general terms covers only acts of administration (article 1.688). Collecting the canon and issuing receipts is one, in our reading, but it is advisable to list it. The apoderado must account to you and hand over everything received (article 1.694).
Ask your accountant whether a relative who collects for you counts as an administrador for numeral 12 (the Decree does not define it) and what IGTF arises on what they forward to you (see the table above).
Receipts and proof of payment
Whoever claims to have paid must prove it (article 1.354 of the Código Civil). And if payment of one month is proven, the previous ones are presumed paid, unless proven otherwise (article 1.296). Therefore:
The Código Civil puts the expenses of payment on the debtor (article 1.297); that this includes the bank fees for the transfer is our reading, and the contract can say so, because the 2026 law lets the parties agree on whatever does not contradict it (article 6). If companies, management companies or several countries are involved, consult an accountant and a lawyer.