In order to force companies to comply with the payment of taxes on sales made through electronic channels, as of June 2021 SAT will begin to use a digital platform that will analyze the information that appears on social networks.
The restrictions on mobility decreed during 2020 due to the outbreak of covid-19 and the change in consumption habits, boosted the growth of online sales in the Guatemalan market.
Since November 26, the Guatemalan authorities have the power to access taxpayers' bank information for tax purposes, so they can now corroborate that the bank income of companies coincide with the payment of their taxes.
After the resolution of the Constitutional Court was published in the Diario de Centroamérica on November 25, in which the appeal of unconstitutionality filed by Escalas Mercantiles S.A., which was intended to prevent the authorities from having access to the banking information of companies and individuals, the law that empowers the Superintendence of Tax Administration (SAT) to investigate taxpayers has come into effect.
As a result of the elimination of banking secrecy in Guatemala, the business sector announces that it will be alert to "respect due process and the confidentiality of taxpayers.
One year after having suspended access to taxpayers' bank information for fiscal purposes, at the beginning of August the Constitutional Court ruled definitively and revoked the suspension, so that in the coming weeks the changes will begin to apply.
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.
One year after the suspension of taxpayers' access to bank information for tax purposes, the Guatemalan Constitutional Court ruled definitively and revoked the suspension.
Arguing that it does not comply with the standards on transparency and exchange of information for tax purposes, the OECD evaluated Guatemala negatively and recommended working on direct access to taxpayers' banking information.
As planned, following the temporary suspension by the Constitutional Court (CC) of the article of law facilitating access to taxpayers' bank information, the Organization for Economic Cooperation and Development (OECD) decided to include Guatemala in the list of countries that do not comply with their fiscal information commitments.
From May 2019, foreign customers will have to declare to local system banks that their funds meet their country's tax requirements.
The Superintendence of Banks of Panama (SBP) approved Agreement 02-2019, which implements the recommendations of the Financial Action Task Force, which consists of expanding the required due diligence measures of banks with their customers.
Calendar of payment of obligations corresponding to March 2018 and Tax Memorandum on how and when to use credit notes.
From a tax memorandum by Tezó y Asociados:
The VAT Law establishes that in specific cases, duly justified and in order toprovide taxpayers with timely compliance with their tax obligations, the Tax Administration is able to authorize, at the request of theTaxpayer, the issuance of other documents, additional to the Credit Notes that document returns, cancellations or discounts on operations already paid for.
Calendar of payments for obligations corresponding to February 2018 and Tax Memorandum on the regulations on factoring.
From a memorandum by Tezó y Asociados :
In the Diario de Centro América dated February 22, 2018, Decree number 1-2018 was publishedwhich contains the Law on Factoring and Discount Contracts, whichwill be in force from August 22, 2018.
The tax burden grew from 13.4% in 2013 to 14% in 2016, both due to the delayed effect of the tax reforms in Honduras and Nicaragua, as well as better management on the part of tax entities in Guatemala and Panama.
From the Regional Economic Report (IER) 2016-2017: Opportunities and challenges for Central America, by the SIECA:
With legislative approval of an Agreement on Mutual Administrative Assistance in Tax Matters, the country has avoided the risk of being included in the list of non-cooperating countries.
From a statement issued by the Ministry of Finance:
May 23, 2017.The ratification of the Convention on Mutual Administrative Assistance in Tax Matters (Law Initiative 5200), ratified by the Congress of the Republic, constitutes an important step for the country as a step toward transparency in the exchange of fiscal information with other countries as a important aspect of the global agenda for development.
The government is warning that if the agreement on Mutual Administrative Assistance in Tax Matters is not ratified, the country is at risk of being included in the lists of non-cooperating countries.
The Guatemalan Ministry of Finance describes as "indispensable" the ratification by legislative of the Convention on Mutual Administrative Assistance in Tax Matters adopted by the Council of Europe and member countries of the Organization for Economic Co-operation and Development (OECD)
The exemption of fines, interest and surcharges will will be in effect from May 20 and will last for three months for all taxpayers, whether natural or legal.
Diario de Centroamérica reports that "...The Agreement establishes terms to obtain between 100% and 90% exemptions.From that account, taxpayers who pay all their debts within the first month will receive a 100% reduction in fines, interest or surcharges; 95% for those paying in the second month, and 90% for the third month."