After inconsistencies were detected between purchases reported by taxpayers and sales that the company declared to the tax authority, an investigation was initiated in Guatemala into the "La Barata" supermarket chain.
During the morning of December 7, representatives of the Public Ministry (MP) and the Superintendence of Tax Administration (SAT), held a press conference in which they explained some details about a new case of alleged tax fraud by the chain of stores "La Barata."
Implementing a rescue plan in which SAT makes tax collections more flexible and IGSS assists employees is part of the proposal of Guatemalan businessmen in the commercial and service sector, given the crisis that has been generated by the health emergency.
The Superintendence of Tax Administration declared the days between March 24 and April 14 as non-working days for the purposes of calculating the periods established in the tax legislation.
On March 24, Resolution of the Superintendence of Tax Administration Number SAT-DSI-280-2020 was published in the Official Journal, in which the days of March 24, 25, 26, 27, 30 and 31, 2020, and April 1, 2, 3, 6, 7, 8, 13 and 14, 2020, inclusive, were declared non-working days for purposes of deferring the computation of the terms established in the tax legislation and the internal administrative procedures of this entity.
Schedule of payment for obligations and Tax Memorandum on the obligation to have available and up to date accounting books.
From a memorandum by Tezó y Asociados:
We must take into account that, after the fiscal closing on December 31, 2017 and when submitting the respective "Annual Tax Return on Income Tax" taxpayers obliged to keep complete accounting records and be enrolled in the Lucrative Profits Regime, are obliged to have at the disposal of the Tax Administration the Balance Sheet, Income Statement, Statement of Cash Flows and Statement of Cost of Production when appropriate.These Financial Statements must be signed by the Taxpayer or his/her Legal Representative and the responsible Accountant registered with the Tax Administration.Obligation established in article 40 of Decree number 10-2012 and its amendments.
Details of the new agreement on the Online Electronic Invoice Regime, taxpayer segments and the deadlines for their incorporation into the regime.
From a tax memorandum by Tezó and Associates:
In September 2007, through the Agreement of Directory Number 24-2007, the SAT implemented the "Optional Electronic Invoice Regime" - FACE 1- and as its name indicates, use of Electronic Invoices was optional for taxpayers.
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. "
Memorandum on the implementation of the rules on transfer pricing 2015 and payment schedule for obligations in January 2016.
From a Memorandum sent by Tezó and Associates:
Taxpayers who pay ISR (income tax) who carried out transactions in 2015 with related foreign companies, including imports, exports, services provided and received such as management services, legal, accounting, financial, technical or any other services; and where these operations had an impact on the determination of the income tax payable, are required to have a Transfer Pricing Study.
Before March 31, 2016 companies with related parties abroad must present a transfer pricing study.
Elperiodico.com.gt reports that "...Angela Paniagua, an auditor from the firm Ixcamparij Mejia y Asociados, explained that a lot of companies have not been notified that they must fulfill this obligation. The SAT only included a box in which they had to 'tick" if the company has operations abroad and asked for details for the tax administration database. There is lack of knowledge on the subject, because of, among other things, lack of disclosure of implications and a guide to the issues that must be reported to the SAT, said the auditor. "
On average in Costa Rica more than one in five companies classified as Large Taxpayers do not pay taxes.
EDITORIAL COMMENT:
When the Tax Department does not fully complete its duties, competition between companies is settled not by the quality of products or services, or for the excellence of its managerial staff and their strategic direction, but for the ability of their tax advisors to reduce the amount of taxes paid.
Memorandum on submissions of tax reports for sales inventories up to June 30 to be handed in by taxpayers to the SAT before July 31, 2015.
Tax Memorandum of Tezó and Associates:
Article 42 of Decree No. 10-2012, and Article 32 of its Regulations regulate taxpayers in the Regime for Nonprofit Activities, must report to the SAT inventories for stocks available for sale as at 30 June December 31 each year.
Payment schedule for the most relevant obligations, corresponding to June 2015.
From a statement issued by Tezó and Associates:
Friday, June 12
ISR monthly Employee Retention
-Retention for income from real estate and assets (interest)
-Declaration of Income tax on income from real estate and assets (when not retained)
-Declaration of Income tax on income from capital gains
"Of the total potential tax collection from VAT, only 50% is charged, with 19% being lost from exemptions and tax schemes, many without justification, while the remaining 30% is lost through evasion charges."
From a statement issued by the ICEFI:
During a forum organized by the Central American Institute for Fiscal Studies (Icefi) and the Friedrich Ebert Foundation, a document was presented by the Icefi diagnosing the current situation of the Superintendency of Tax Administration (SAT) and an alternative roadmap was proposed for the rescue and reconstruction of the SAT.
Payment schedule of liabilities for April 2015 and Tax Memorandum on Fiscal Solvency.
Tax Memorandum by Tezó and Associates:
After several suits claiming the unconstitutionality of Article 57 "A" of the Tax Code which establishes fiscal solvency, this rule is in force, except the paragraph that reads "The Tax Administration will determine the requirements, characteristics and other necessary conditions for obtaining it." , which was declared unconstitutional.