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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, with the aim of granting facilities for the voluntary compliance of tax and customs obligations, issued a Draft Legislative Decree with said Law. Through it and after its entry into force, facilities have been granted for the voluntary compliance of tax and customs obligations. As established in its Article 1, a period is granted – from its entry into force after its publication in the Official Gazette – and until November 1, 2022, for taxpayers to pay their tax obligations or file declarations that do not determine payment – as the case may be -, whose deadline has expired before August 25, 2022, exempting them from the payment of interest and surcharges, without imposing fines on these periods and tax years when they are in any of the following cases:
- Original or additional taxes owed to the Treasury;
- Cases of declarations with balances in their favor in an amount greater than what actually belongs to them;
- Those corresponding to previous periods or fiscal years or declarations of registered goods whose date or deadline for liquidation or filing of declarations expired before August 25, 2022.
It is worth mentioning that these benefits apply in specific cases and within the scope and limitations established in Articles 3, 4, and 6 of the Law. Likewise, and as established in Article 2, taxpayers obligated to pay taxes whose situation falls under the jurisdiction of the General Treasury Directorate may benefit from these benefits. This justifies the obligation of this agency to issue the corresponding Administrative Act to facilitate and grant these benefits, in addition to the corresponding Installment Payment Resolution and orders. For its part, Article 5 of the Law establishes that taxpayers obligated to pay taxes may benefit from these benefits, even when their debts are liquid, final, and payable, provided that:
- The debt has been forwarded by the General Directorates of Internal Revenue and Customs to the General Directorate of the Treasury, so that it can initiate the corresponding collection process.
- The debts have been duly certified and submitted to the Attorney General's Office, even if the judicial process has been initiated, provided that a final judgment has not yet been formally and materially 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. As provided in Article 7, in cases where the taxpayer has filed their tax return determining tax surpluses or surpluses before the entry into force of this Decree, they may file, within the term of validity of this regulatory body, an amended return reducing the declared surpluses or surpluses, benefiting from the non-imposition of the respective fine and obtaining a resolution for installment payment. Finally, to enjoy the tax benefits of this Law, and as established in Article 9, the tax returns filed will be considered individually and independently for each type of tax, advance payment, withholdings or collections, fiscal year or declared period, even if they are submitted on the same form. Likewise, merchandise declarations will be considered individually and independently. However, the mere submission of settled declarations without making the corresponding payment does not entitle one to the benefits described above, except in the case where payment is granted in installments.Entry into force:At the initiative of the President of the Republic and through the Ministry of Finance, the Legislative Assembly approved Decree No. 478 of this Law, which entered into force upon its publication in the Official Gazette on August 25, 2022, and will remain in effect until November 1, 2022. [/vc_column_text][us_separator][vc_column_text]Written by: Lic. Valeria García [/vc_column_text][/vc_column][/vc_row]
