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Published: 31 Oct 2008 01:34:31 PST

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Cuba

Business Environment

Business Practices | Accounting Rules | Tax Rates | Intellectual Property | Legal Framework | Standards

Business Practices

General information
Worldtravelguide, Business etiquette
Professional Travel Guide, Business etiquette
Opening hours and days
Banks are open Monday to Friday from 9 AM to 5 PM. 
Administrative offices are open Monday to Friday from 9 AM to 12 PM and from 1 PM to 4.30 PM.
Shops are open Monday to Saturday from 9 AM to 6.30 PM and Sunday from 9 AM to 12.30 PM.
 

Public holidays

Victory of Armed forces January 2
International Labor Day May 1
Independence Day May 20
Revolution Days July 25-27
Anniversaryof the War of Independence in 1868 October 10
Triumph of the Revolution (Liberation Day) January 1
 
Holiday compensation
If a public holiday falls on a Saturday, then the following Monday is not a working day.
 

Periods when companies usually close

New Year's Day January 1
Liberation Day January 2
Labor Day May 1
Anniversary of the Revolution July 25
Anniversary of the Revolution (Rebellion Day) July 26
Independance Day October 10
Christmas Day December 25
New Year's Day January 1
 

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Accounting Rules

Tax year
The fiscal year begins on January 1st and ends on December 31st of the same year.
Accounting standards
In January 2006, the Cuban financial information standards (Normas Cubanas de Informaciones Financieras, NCIF) were developed, the result is a mixture of international standards and standards specific to Cuba
Accounting regulation bodies
Ministry of Finance and Prices (Spanish only)
Accounting reports
The Balance sheet
It must be published on the first day following the end of the registration period.
- Asset
1- long-term capital
2- fixed assets
2- current assets
- Liabilities
1- Sources of owned capital
2- Long-term bonds
3- Credits and other bonds
- The profit and loss account
1- Financial result
2- Profit distribution
3- Expenses on the budget
4- Expenses on extra-budget expenditures and other funds
5- Movement of financial resources for investments in capital or other financial investments.
Publication requirements
The Cuban accounting system imposes on public and\or private companies the duty to release, annually, a certain amount of financial and accounting information.  This duty is with regard to:
- A balance sheet
- A profit and loss account
- An incoming and outgoing financial flow summary
- A report on capital evolution.
Professional accountancy bodies
National association of Cuban economists and chartered accountants (ANEC) (Spanish only)
Certification and auditing
See Ministry of Audit and Monitoring  website.
Accounting news
Website on accounting system
Article detailing former and current Cuban accounting systems. (Spanish only)

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Tax Rates

Consumption taxes

Nature of the tax
Sales tax
Tax rate
There is no VAT in Cuba but there is a sales tax whose rate varies (from 2.5% to 25%) depending on the type of the product.
Other consumption taxes
There is a sales tax whose rate varies (from 2.5% to 25%) depending on the type of the product.
The taxed goods are those that are imported, partly produced in Cuba or goods that are bought for resale and are destined for comsumption.

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Corporate taxes

Company tax
30% of the taxable net profits.
Capital gains taxation
The taxation rate depends on the company's legal form.  For companies that have complete foreign ownership, the rate is 35% whereas for companies that are of mixed economies and those of international economic association contracts the rate is at 30%.
Main allowable deductions and tax credit
Exemptions exist in certain cases: foreigners and franchise holders located in free-trade zones or industrial estates are exempt of tax on profits and labor force tax.
Other corporate taxes
There is also a tax on the use of the labor force (Impuesto por la utilización de la fuerza de Trabajo): 25% (of the total value of the salary).  In the case where the company is set up in a trade-free zone or an industrial estate, the investors are completely exempt of this tax.

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Individual taxes

Tax rate

For less than USD 6,000 From 10%
For more than USD 60,000 50%

Double taxation treaties

Countries with whom a double taxation treaty have been signed
See the list of countries having a double taxation agreement with Cuba

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Sources of fiscal information

Tax Authorities
Official Customs website

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Intellectual Property

National organizations
In Cuba patents, trademarks and blueprints have to be lodged at the OCPI (Cuban Bureau of industrial property). Copyrights come under the National Copyrights Center, the CENDA.
Regional organizations
No
International membership
Member of the WIPO
 

National regulation and international agreements

 
Type of property and law Validity International agreements signed
Patent
 
Law Decree no. 68.  Inventions, scientific discoveries, blueprints, trademarks and brand names (March 14, 1983)
15 years
Trademark
 
Law Decree no. 203 on brands and other distinctive signs (May 22, 2000)
15 years Trademark law treaty
Nice agreement
Protocol relating to the Madrid Agreement
Design
 
Law Decree no. 68.  Inventions, scientific discoveries, blueprints, trademarks and brand names (March 14, 1983)
5 years renewable for 5 more years  
Copyright
 
Law Decree No. 14 (December 28, 1977): Law governing copyrights.
50 years WIPO copyright treaty
Industrial Models
 
Law Decree no. 68.  Inventions, scientific discoveries, blueprints, trademarks and brand names (March 14, 1983)
5 years renewable for 5 more years  

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Legal Framework

Independence of justice
The Cuban judiciary depends on the Cuban regime which uses it to reprimand political opponents.  Many of them are charged with "dangerousness to society", a preventive mesure defined as "a propensity to commit a crime". However, this charge is almost exclusively used for political opponents.
Equal treatment of nationals and foreigners
Chapter 3 of the Cuban Constitution recognises that foreigners (permanent or temporary) have the same rights and duties as those granted to Cubans (protection of the individual and property, a duty to respect the Cuban Constitution and the law, submission to Cuban jurisdiction and to judgements rendered by the Cuban courts of law).  However,  in reality,  the Cuban judiciary's political dependancy means that the foreigners' rights to a fair trial are not guaranteed.
The language of justice
Spanish.
Recourse to an interpreter
There is no particular procedure.
Sources of the law and legal similarities
The main source of law is the 1976 Constitution (amended in 1992 and 2002), which is based on Spanish and American laws. Nevertheless, the legal communist theory has also contributed to it thus enabling the judicial system to be fashioned in a way as to guarantee political control over the Cuban population.
Checking national laws online
General website with links to various Cuban laws. (Spanish only)

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Standards

National standards organizations
National Bureau of Standards (ONC) (Spanish only)
Integration in the international standards network
Cuba has been a member of the International Organization of Standardization (ISO) and of WIPO (World Intellectual Property Organization) since 1975.  The relevant institution with regard to industrial property is the Cuban Office of Industrial Property (OCPI/COIP).
Online consultation of standards
Refer to the Cubaindustria (Spanish only) website and also this link.
Certification organizations
National Bureau of Standards

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Last updates: October 2009


Source: FITA

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