Controversial Request to Reduce Penalties for Tax Evasion

During the discussion of a tax evasion law project, the Panamanian business sector requests that the amount defrauded to be considered a legal crime be increased from $300,000 to $500,000.

Tuesday, October 23, 2018

Regarding the request made by the Chamber of Commerce, Industry and Agriculture of Panama, the Ministry of Economy and Finance (MEF) explained that "... There are points that the guilds would like to modify, which would undermine the law project so far that its objective would be lost. Panama needs a solid proposal. To request that the amount of fraud be raised to 500,000 balboas does not demonstrate seriousness in combating money laundering."

From the MEF statement:

October 22, 2018. The Ministry of Economy and Finance (MEF) proposes that, in the absence of agreements on Laws 591 and 692, the efforts made by the Government and the private sector to seek a solid document should be considered.

Eyda Varela de Chinchilla, head of the MEF, said that "There are a few differences of opinion between what the guilds expect, but we believe that the law that seeks to criminalize tax evasion, promotes transparency which is key to raising our institutional payment of taxes to the state. It also constitutes a commitment or debt of Panama to the international community."

The improperly named Panama Papers contained many cases considered fiscal crimes in other jurisdictions, which used our legal structures, where money laundering is not a crime, which impedes the judicial cooperation of the Public Ministry with the country requesting the collaboration.

Read full statement (In Spanish).

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The law that criminalizes tax evasion was approved by the National Assembly when the amount defrauded in a fiscal period of one year is equal to or greater than $300.000.

With a majority vote, Project 591, which criminalizes tax evasion in the Criminal Code and is considered a crime resulting from money laundering, was approved in the third debate, informed the Legislative Assembly.

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In Panama, the Cabinet Council has approved a bill that converts tax evasion of more than $300 thousand into a felony punishable by up to 2 to 5 years and fines of up to 10 times the amount defrauded.

From a statement issued by the Presidency of Panama:

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November 2017

In Panama, a bill put forward by the Varela administration proposes that tax fraud of $300 thousand or more be classified as a criminal offense, and punished with 1 to 3 years in prison.

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