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REFORM OF THE TAX CODE
[/vc_column_text][us_separator][vc_column_text] Last August, following the publication of the decree issued in the Blue Room of the Legislative Assembly regarding the reform of the Tax Code, electronic invoicing was formally implemented through the legal recognition of Electronic Tax Documents (DTE). We must say that this decree came into force eight days after its publication in the Official Gazette. Within its content and in Art. 119-B, it is established that the Electronic Tax Document is the tax document generated, signed and transmitted electronically to the Tax Administration, which has the receipt stamp granted by this administration. As a general rule, its issuance includes the generation and electronic signature and transmission to the Tax Administration for the granting of the receipt stamp, in addition to delivery to the recipient in electronic format. It must comply with the data structure, format, and requirements established by the administration. In exceptional circumstances, the administration may authorize a different transmission if any of the legally established conditions are met. Likewise, it is stated that the DTEs will be deemed to have been issued when the Tax Administration grants the receipt stamp, and it will be the recipients' obligation to demand its issuance. It is the issuers' responsibility to transmit the documents to the computer platform; said transmission is deemed complete once it has this stamp, since this is what grants the status of an Electronic Tax Document. We must emphasize that this in no case implies its validation or authorization. Article 119-E sets forth the invalidation of DTEs. It establishes that they will be invalidated when, after issuance of the document, errors are found in its content, even if it does not affect the transaction and the rules established in that article are met. Documents deemed invalid under these rules may not be used to cover the corresponding deductions from expenditures, and their submitted graphic representations will be rendered null and void. The requirements that the DTEs must meet are detailed in Art. 119-G for each of the following documents: a) tax credit receipt; b) electronic invoice; c) electronic export invoice; d) electronic delivery note; e) electronic credit and debit notes; f) electronic settlement vouchers; g) electronic withholding voucher; h) electronic accounting settlement document; i) electronic invoice for excluded subjects; j) electronic donation voucher. This reform has affected the obligations contained in Art. 141 of the Tax Code. The maximum delay period for entries resulting from purchase, import, internment, transfer of ownership, withdrawal, export, and service provision operations covered by the regulated mandatory documents has changed from fifteen calendar days to ten business days. Likewise, paragraphs b) and c) of the same article have been modified to adapt to the DTEs. For its part, Article 147, which regulates the obligation to retain documents, as of this reform, stipulates that DTEs must be stored for a period of 10 years from the date of their generation, guaranteeing their consultation and integrity, with the nuance that the graphic representations of each one must be kept in the same format and medium through which they were originally issued. Regarding the investigation and inspection powers regulated by the Code, as of this reform, in addition to the receipts that were valid prior to the reform, those issued in physical, printed, or electronic media, as well as their graphic representations, may be required. Likewise, the powers of access to the media described in paragraph k) have been expanded, and as of this reform, it may be verified that the transmission of electronic documents is carried out in the manner, timeframe, and conditions established by the administration. Following this reform, and with the aim of allowing the administration to appoint employees as notaries, a resolution authorizing them to do so must be issued. This will be for a specific period of time. The notary's office must also be confidential. Their identification document must meet the minimum requirements established in Article 179 of the Code. Consequently, the regulation of the notary office and the procedure for verifying compliance with the obligations regulated in the Third Section of the Code, to which we are now referring, have been modified. All of this, in order to adapt the regulatory framework to the introduction of the DTE (Decrees of Tax Documents). Regarding the deductions regulated in Article 206 of the Code, it is added that, in the case of disbursements supported by Electronic Tax Documents, they will be admitted as long as the documents comply with the legal requirements contained in the Code and also bear the stamp of receipt granted by the Administration. Regarding special non-compliance with the DTEs, Article 239-A is incorporated, establishing that, in addition to the penalties established in the preceding article, ten new cases related to the failure to issue, deliver, and transmit the DTEs are added. For each of these, the case constituting non-compliance and its penalty are determined. Furthermore, it is declared that the Tax Administration will establish the dates from which taxpayers are required to issue the DTEs, specifying the physical or printed documents and electronic or computerized systems that will become obsolete. In this regard, taxpayers will inform the taxpayers of printed documents that are no longer used through forms and will subsequently submit them to the Tax Administration for their cancellation and destruction, all within fifteen business days from the date on which the DTEs become mandatory. Those taxpayers who, at the time this decree comes into force, have documents in existence on the control of the Tax on the Transfer of Movable Property and the Provision of Services, may continue to use them until they are exhausted or until the Administration issues a resolution informing of the obligation to issue a DTE. [/vc_column_text][us_separator][vc_column_text] Written by: Lic. Valeria García [/vc_column_text][/vc_column][/vc_row]
