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Extension to May 31, 2023, for declaring inactive companies to the Ministry of Finance and implementation of Form D-195
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All inactive legal entities, legally constituted and registered in the Single Tax Registry, must file an information return on assets and liabilities with the Ministry of Finance for the ordinary fiscal period (January 1 to December 31) for the previous year's Income Tax. This annual obligation has been in effect since the 2020 fiscal year and must be fulfilled no later than April 30 of each calendar year.
Although the penalty for failure to comply with this obligation is a fine ranging from three to one hundred base salaries, depending on the case, in accordance with Article 83 of the Code of Tax Rules and Procedures, more than 60% of companies have not complied to date.
The General Directorate of Taxation, through Resolution MH-DGT-RES-0007-2023, has implemented a specific form for submitting information on inactive companies to ensure that taxpayers do not incur in violations. This repeals the previous resolution on the matter (DGT-R-075-2019) and its amendments.For the only time, the deadline to comply with this obligation is extended to May 31, 2023..
In this sense, the Simplified Form D-101 should no longer be used to comply with this obligation, and starting this year the form that must be used is the one called "Informative Declaration of Inactive Legal Entities D-195” or “Form D-195”.
It is important to note that companies that complied with filing their tax returns for the 2020, 2021, and 2022 periods using Simplified Form D-101 do not need to file a new return using Form D-195. However, companies that have not complied with their obligations for the pending periods must complete and file Form D-195, using a separate form for each pending period.
For any questions, please do not hesitate to contact us at the emailsinfo@lexincorp.com,evargas@lexincorp.comtheccartin@lexincorp.com
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Written by: María Alexandra Álvarez, Legal Assistant.
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