The Department of Fiscalization at the Guatemalan Tax Authority has presented the 2013 Audit Plan.
Friday, March 1, 2013
The analysis by Dr. Edgar Mendoza helps determine whether or not to regularize the tax status of Guatemalan companies, in light of actions projected by the Superintendency of Tax Administration (SAT):
"... According to the presentation made by the Chief of Tax Control, the 2013 Audit Plan rests on the following backbones, namely: a) comprehensive risk model, b) Strengthening the functions and control structure, c) mode of control actions. "
"... Taxpayers have been classified as follows: 1) Special Large Taxpayers, special medium, and large regional taxpayers, 2) general taxpayers, 3) small taxpayers, and 4) exempt taxpayers ."
"... The taxpayer's risk profile will be fed through indicators such as: 1) Level of collection, 2) customs activities, 3) frequency of control, 4) reporting regimes; 5) open tax litigation; and 6) economic capacity, among other things. "
As a result of the operations carried out by the Superintendence of Tax Administration to stop smuggling, in recent days there have been two attacks on the customs area of Tecún Umán I, on the border between Guatemala and Mexico.
According to information provided by the Guatemalan authorities, on November 13 and 17, groups of alleged smugglers attacked the customs of Tecún Umán I in San Marcos, because in the operations deployed by the tax authority, merchandise was seized that was not declared upon entry into the country.
The Tax Authority announced special audits in companies with "related parties abroad", which can be avoided by presenting an Agreement on Advance Pricing.
This year nine audits are being carried out with the objective of corroborating "... suspicions raised when key rights or trade credits have been created." According to a study conducted by risk teams to implement transfer pricing, coffee, bananas, sugar, fuels and metals sectors are reporting increased risk in their transactions.
A court ruling has suspended the Tax Authority in Guatemala from closing businesses who fail to comply with tax rules.
Mauro Chacón, President of the Constitutional Court (CC), explained that four actions of unconstitutionality have been presented by the chambers of Agriculture and Commerce, one of which was provisionally suspended by the Supreme Court.
Resolution 450-2009 classifies taxpayer inspection and audit activities as "reserved information".
The resolution by the state´s revenue authority (SAT) establishes which documents and information won't be publicly available. Among them is taxpayer compliance.
From La Prensa Libre´s website: "The decision is based on the 58-2007 decree from the Information Access Law.
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