The dismantling of a network of corruption at the highest level in the Superintendency of Tax Administration has forced an analysis of the stability of the government of Otto Perez Molina.
Calderon raises three possible scenarios:
"...First scenario: precarious balance, which means continuing the current pace of deterioration in the political system and levels of governance, and at the same time assuming an increased fragmentation of the government bloc.
Arrests have been made of Omar Franco Alvaro Chacón, head of the Superintendency of Tax Administration and Carlos Enrique Muñoz Roldán, former head the SAT, and 19 other senior officials, employees and individuals.
From a statement issued by the International Commission against Impunity in Guatemala (CICIG):
CUSTOMS FRAUD NETWORK DISMANTLED
Chief and former head of the SAT Captured
Tax Memorandum by Tezó and Associates regarding verification of the information presented in the annual declaration of income tax.
Tax Memorandum by Tezó and Associates:
In March 2015 the SAT sent an email containing a reminder to some Special Taxpayers in respect to the maturity of the annual Income Tax affidavit (ISR). This email includes he notice with the following paragraph: "In April 2015, the SAT will verify the information presented in the annual ISR affidavit, for which reason it asks, among other things, for the integration of non-deductible expenses and receivables reported and declared. "
The Tax Authority has announced the implementation of its program of massive audits of firms for March and April.
From a statement issued by the Superintendency of Tax Administration (SAT):
The Tax Authority within its functions to monitor compliance with tax obligations and billing for services and sale of products, is now conducting checks on billing and fixed points at different types of existing businesses.
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.
Complaints have been made that there is not a clear and complete record of the number of companies benefiting from special tax regimes.
It is estimated that there are approximately 3,000 taxpayers who fall under the tax exemptions regime, either totally or partially. However, this data has not been confirmed by the Superintendency of Tax Administration, even though it had to submit its first report in 2014, according to the rule which came into effect in November 2013.
Tax Memorandum by Tezó and Associates on Transfer Pricing and schedule for payment obligations in February 2015.
Tax Memorandum by Tezó and Associates:
Under Articles 54 and 55 of Decree No. 10-2012, effective from January 1, 2015, the tax authorities can check whether transactions between related parties (an entity resident in Guatemala with a resident abroad), are rated according to the principle of free competition and make adjustments when the valuation agreed between the parties results in less tax being paid in the country or deferred taxation; if adjustments are made an audience must be conferred within the Process for Determination of Tax Liability by the Administration, established in the Tax Code. It is understood for tax purposes, under the Principle of Free Competition, that the price or amount for a particular operation that independent parties may have agreed in conditions of free competition should be comparable to those performed operations.
After declaring the first tender void, customs authorities have announced that they will re launch the tender for electronic road tax discs containing GPS devices.
It is expected that by the end of February electronic "marchamo" or road tax disc will be re-tendered. Among the requirements for the bidders is the ability to install the system in the Tax Administration and to have experience in customs, logistics and GPS equipment.
Taking advantage of the low price of oil the government is discussing increasing the tax base on the distribution of petroleum and petroleum products.
The proposal seeks to raise the fuel tax which is currently around $0.60 for gasoline and $0.17 for diesel. Moreover, the measure would also provide an increase in the rate for petroleum products such as kerosene, naphtha and liquefied petroleum gas.
In order to encourage investment in the country, starting from this fiscal year income tax paid by taxpayers registered in the regime on profits will be reduced from 28% to 25%.
According to the latest amendment of the Law on Tax Update, Decree 10-2012, the rate of income tax (ISR) applied to taxpayers from 2015 will be 25%. The authorities clarified that the rate of 28% will be applied to taxpayers who have not yet completed the liquidation of 2014
Payment schedule for liabilities in January 2015 and Memorandum on Tax Bancarization.
Tax Memorandum
The requirement for Tax Bankarization is regulated by Articles 20 and 21 of Decree No. 20-2006, articles which were amended by Articles 27 and 28 of Decree No. 04-2012, specifically in order to change the amount of bankarization amount from $6,585 to $3,951
The application of tax of $0.65 per mobile phone line that had been proposed by the Executive to fund part of the 2015 budget has been temporarily suspended.
The Constitutional Court temporarily suspended the collection of the tax on telephone lines after the Chamber of Industry and the three phone companies operating in the country submitted an appeal against the tax.
In response to approval of a new tax of $0.65 per telephone line, operating companies have returned 6 million lines to the Telecommunications Superintendency.
Representatives from Claro, Tigo and Telefónica each returned 2 million inactive numbers with the aim of adjusting their internal policies to adapt to the new tax which will come into effect next year.
On December 9th a workshop will be held to highlight the most common problems encountered with processes for imports with the office of the Tax Administration.
From a statement issued by the Guatemalan Exporters Association:
In order to raise awareness of the most common problems faced when carrying out process with the Tax Administration Office for imports, the School of Foreign Trade at AGEXPORT, will be holding on December 9, 2014, a workshop entitled "Defence Mechanisms against Adjustments Reported by Customs".
Schedule of payment of liabilities for December 2014 and Tax Memorandum on the new control department for exempt taxpayers.
Tax Memorandum
Department of Control for Exempt Taxpayers
The SAT is directly notifying taxpayers of the creation of a Department of Control for Exempt Taxpayers
The core of the notification indicates that:
"The Superintendency of Tax Administration has implemented a Control Department for Exempt Entities to provide in a comprehensive manner, service, control and monitoring of compliance with tax and customs obligations; and verify the proper use of the benefits of those entities that enjoy tax breaks of any kind.