BLP – TAX NEWS ONLINE MAY, 2018
BILL OF LAW
Strengthening of Public Finances – Tax Reform
The bill of law to transform the current Sales Tax into a value-added tax was approved by the Treasury Commission of Congress on April 10, 2018, and transferred to the Plenary for a continuation of the legislative process. If enacted, the value-added tax would apply to all services. In addition, the bill contains important changes in the Income Tax Law, such as a tax on capital gains.
(Published in the Digital Appendix No. 73 of the Official Gazette No. 63 on April 12, 2018)
Update of the single tax by fuel type
The amounts of the single tax by type of fuel were updated in accordance with the following table:
|Type of fuel per liter||Tax (colones)|
|Jet fuel A1||145.50|
This schedule is in force from May 1, 2018.
(Executive Decree No. 41036-H of April 6, 2018, published in the Digital Appendix No. 85 of the Official Gazette No. 73 on April 26, 2018)
Shareholders´ Registry Regulations
The Registry of Shareholders was established by the Law to Improve the Fight against Tax Fraud. However, the law lacked the proper regulations regarding transparency and disclosure of the final beneficiaries of legal entities and other legal structures based in Costa Rica, managers of third-party assets in favor of its clients, non-profit organizations, and private trusts that would enable the Tax Authorities to access the information related to all the shareholders, as well as final or effective beneficiaries.
Among other things, the new Regulations establish that the requisite information should be supplied annually in accordance with the date to be defined by the Tax Authorities and the Costa Rican Drug Institute and in the format defined by the Central Bank of Costa Rica.
The general information to be provided is:
- Composition of voting rights.
- Information on who has the right to appoint or dismiss most of the administrative, management, or supervisory bodies.
- Information on who controls the entity according to the bylaws.
- Shareholder information.
(Executive Decree No. 41040-H on April 5, 2018, published in the Digital Appendix No. 82 of the Official Gazette 70on April 23, 2018.)
Validation of legal representative before the Tax Administration
This new resolution modifies article 2 and repeals article 13 of Resolution DGT-R-08-2018 of February 7, 2018. According to these changes the legal representatives of legal entities and guardians of minors and invalids must complete the form that the Tax Authorities have prepared for this purpose, as well as provide the legal status where applicable, within 10 working days from the date that the legal representative is changed in the Public Registry.
(Resolution RES-DGT-R-017-2018 of March 23, 2018, published in the Official Gazette No. 62 on April 10, 2018.)
Large Taxpayers and Large Territorial Enterprises
The Tax Authorities issued the criteria to define a taxpaying entity as a “Large Taxpayer” or a “Large Territorial Enterprise”, according to the following parameters:
- Large Taxpayer:
- When the average of taxes paid for the last three fiscal periods is equal to or exceeds ₡450,000,000.00.
- When the average gross income declared in the last three fiscal periods is equal to or exceeds ₡40,000,000,000.00.
- When the average of total declared assets in the last three fiscal periods is equal to or exceeds ₡50,000,000,000.00.
- When the taxpayer is subject to SUGEF, SUGEVAL, SUPEN, SUGESES or SUTEL regulations.
- Large Territorial Enterprise:
- When the average of taxes paid for the last three fiscal periods is equal to or exceeds ₡120,000,000.00.
- When the average gross income declared in the last three fiscal periods is equal to or exceeds ₡20,000,000,000.00.
- When the average of total declared assets in the last three fiscal periods is equal to or exceeds ₡25,000,000,000.00.
Interested parties must be notified of their classification by means of a reasoned decision taking effect from the first month following their notification, such classification to be maintained for at least 2 fiscal periods.
(Resolution DGT-R-018-2018 of April 3, 2018, published in the Official Gazette No. 63 on April 12, 2018.)
Update of the specific tax for each milliliter of absolute alcohol
Resolution RES-DGH-027-2018 of April 6, 2018 updates the amounts of the specific tax for each milliliter of absolute alcohol in accordance with the following table:
|Percentage of alcohol by volume||Tax (colones per absolute alcohol milliliter)|
|Up to 15%||3.31|
|More than 15% up to 30%||3.96|
|More than 30%||4.61|
(Published in the Official Gazette No. 68 on April 19, 2018)
TAx OBLIGATIONS FOR MAY 2018
|Date||Type of Tax Return|
tax relevant information
|Current 2018 Base Salary||¢431,000|
|Current Interest Rate (April 1st, 2018)||13.73%|
|Reference Exchange Rate – BCCR USD (April 30, 2018)||Purchase:||¢562.40|