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SPECIAL AND TRANSITIONAL LAW THAT PROVIDES FACILITIES FOR THE VOLUNTARY COMPLIANCE WITH TAX AND CUSTOMS OBLIGATIONS
[/vc_column_text][us_separator][vc_column_text]The Legislative Assembly issued a Draft Legislative Decree containing the aforementioned Law, which in its article 1 establishes that for the period counted from its entry into force, that is, from its publication in the Official Gazette, until December 31, 2021, taxpayers may: 1. Make payments of tax obligations or file declarations that do not determine payment (as applicable), whose deadline expired on June 30, 2021, exempting them from the payment of interest and surcharges and without the imposition of fines on said tax periods, when it comes to: – The original or complementary taxes owed to the Treasury, which are administered by the General Directorate of Internal Revenue and the General Directorate of Customs. – Amounts owed by virtue of declared credit balances, in an amount greater than the one actually due to them, corresponding to previous periods or fiscal years. – Merchandise declarations whose deadline to settle or submit said declaration has expired on June 30, 2021. It is important to clarify that these benefits will apply according to the specific case and within the scope and limitations established in articles 3, 4 and 6 of said Decree. 2. In addition, article 2 establishes that taxpayers who are obligated to pay taxes whose situation is under the jurisdiction of the General Treasury Directorate may avail themselves of the benefits of the Decree. Therefore, said agency will have the obligation to issue the corresponding Administrative Act, through which said benefits are made viable and granted, as well as to issue installment payment resolutions and generate the corresponding payment orders. 3. According to Article 5 of the Decree, taxpayers may avail themselves of its benefits even when the debts are liquid, firm, and payable, and meet the following conditions: – The debt has been remitted by the General Directorates of Internal Revenue and Customs to the General Directorate of the Treasury, so that it may initiate the respective collection process. – The debts have been duly certified and remitted to the Attorney General's Office, even if judicial proceedings have been initiated, provided that a final, formal, and material judgment has not yet been notified by the respective Court. In the cases detailed above, only the exemptions from interest and surcharges will apply, without prejudice to the granting of installment payments, regulated in Articles 3 and 4 of the Decree. 4. In addition to the above, Article 7 establishes that taxpayers who, before the entry into force of the Decree, had submitted declarations determining tax surpluses or excesses, may submit, within the term of validity of said normative body, the modifying declaration by which they reduce the declared surpluses or excess, with the benefit of not being imposed the respective fine.
Entry into force:
This Draft Decree is currently pending discussion and approval by the legislative plenary, subsequent approval by the President of the Republic, and publication in the Official Gazette, at which time it will effectively enter into force. For more information, please contact us at the following email addresses:aguirola@lexincorp.com,aportillo@lexincorp.com,lhernandez@lexincorp.comIalopez@lexincorp.com[/vc_column_text][us_separator][vc_column_text]
Written by:
[/vc_column_text][us_person image=”9077″ name=”Laura Hernández” role=”Asociada” link=”url:http%3A%2F%2Flexincorp.com%2Fequipo_elsalvador%2Flaura-hernandez%2F|title:Laura%20Hern%C3%A1ndez||” layout=”cards” img_size=”full”][/us_person][/vc_column][/vc_row]
