Experts and authorities believe that the ruling by the Guatemalan Constitutional Court revoking the suspension preventing access to taxpayers' bank information for fiscal purposes could be reversed with another legal action.
In recent days, the issue has become more relevant in the country, because after a year of being suspended access to banking information for tax purposes, on August 6 the Constitutional Court finally ruled, authorizing the Superintendence of Tax Administration (SAT) to review the accounts of taxpayers.
A court ruling has overturned the SAT resolutions authorizing Empresa Portuaria Quetzal y Terminal de Contenedores Quetzal to operate as temporary customs warehouses.
Although the Superintendency of Tax Administration (SAT) has announced that it will be appealing the ruling given by the Second Administrative Appeals Chamber, the reality is that since June 28, the activities of the customs warehouses in Empresa Portuaria Quetzal (EPQ) have been suspended as well as those at the Terminal de Contenedores Quetzal (TCQ)."...The resolution orders that the SAT no longer has the customs service under its administration, which contravenes the Central American Customs Code CAUCA, therefore the Superintendency will file an appeal against the decision made by the Court."
Authorities have threatened to close the customs office at the port terminal if there is no improvement in the facilities and operation of the port within six months.
Problems over control of container inventories, lack of controls for entry of merchandise and the inadequate condition of infrastructure at the terminal are affecting customs operations, according to the head of the Customs Intendance.Among the requests made to the company Empresa Portuaria Nacional Santo Tomás de Castilla (Empornac) are the implementation of a closed circuit television system and greater controls at exit and entry modules.
As part of an audit plan which will start this year and will include access to banking information, the tax authority will be verifying transactions of real estate sales.
With its 2017 audit plan the Superintendency of Tax Administration is preparing to use for the first time a law that authorizes it to access taxpayer's banking information when required.
A law has entered into force which facilitates access to individuals and companies' bank information with a court order at the request of tax authorities.
Francisco Solorzano, chief of the Superintendency of Tax Administration (SAT), noted that"... 'this tool will only be used when there is reasonable doubt about the results of the processes or execution of plans and mass selective control'."
The project to build an intermodal "dry port" on the Guatemala-Mexico border, which has been valued at $40 million, will be developed through a public-private partnership.
Through an agreement between the Superintendency of Tax Administration (SAT) and the National Agency on Partnerships for Economic Infrastructure Development (ANADIE) will a plan will be developed to carry out the project to build an Intermodal Dry Port in Tecun Uman which will be developed under a public-private partnership scheme.
The tax authority is insisting on the impossibility of complying with information exchange agreements with other countries if banking secrecy is not eliminated for tax purposes.
Amid the discussion in Congress of the draft Law for Strengthening Fiscal Transparency and Governance of the Tax Administration, the superintendent Solórzano Foppa reemphasized the need to allow access to taxpayers' tax information for tax purposes by means of authorization given by a judge. He also announced that preparations are being made for "... a new control plan with which an attempt will be made to recover the power to collect taxes on income earned outside of Guatemala that are transferred to offshore accounts."
The amount paid to the Tax Authority corresponds to unpaid taxes, plus penalties and interest.
An article on Lahora.gt reports that the Superintendent of the SAT, Juan Francisco Solorzano, said that "... It is the largest payment made by any entity, in relation to adjustments that had been made or that had been ordered as a result of a judicial process from which it was ruled that there was tax fraud or tax evasion. "
The Superintendent of Tax Administration has contradicted the announcement made by the finance minister and ruled out a possible tax amnesty in the short term.
The highest tax authorities in Guatemala are contradicting each other. Although the minister of Finance, Julio Héctor Estrada, announced a possible tax amnesty for the second half of this year, Juan Francisco Solórzano Foppa, head of the Tax Authority (SAT) said in remarks published by Elperiodico.com.gt that "there will not be a tax amnesty".
It has been announced a tender will be launched in April for an electronic system to check containers.
After several failed attempts, it has now been announced the tender to install a tracking system to track and monitor the location of containers in Guatemala will be held no later than April, according to the Superintendent of Tax Administration, Francisco Solórzano Foppa.