Guatemalan agricultural exporters have questioned the measure taken by the Treasury to seize bank accounts in order to recover unpaid taxes, arguing that it is affecting their operations.
Tuesday, July 19, 2016
Arguing that the measure is attached to the law, the Tax Administration has defended its right to take injunctive measures such as seizing bank accounts in order to recover taxes that companies have stopped paying.
Prensalibre.com reports that "... exporters of coffee and cardamom expressed concern about the demands of the Tax Administration (SAT) as this will affect companies' performance."
Abel Cruz, Mayor of Collection and Management at the SAT, explained that"... Article 93 of the Tax Code authorizes information to be demanded of taxpayers within three days and when the SAT establishes a prima facie case, legal measures are taken."
Mariano Ventura, director of the Association of Coffee Exporters (Adec), said"... There is doubt about how the law is to be interpreted. He added that largest coffee exporters in Guatemala are foreign investment firms and members of large corporations who are seeing that the situation in the country is unstable in the legal terms."
One year after the suspension of taxpayers' access to bank information for tax purposes, the Guatemalan Constitutional Court ruled definitively and revoked the suspension.
Items to be taken into account to carry out an annual transaction study between related companies.
Currently, several countries have existing legislation on transfer prices. The legislation regulates the elements that should be available to carry out an annual survey of transactions between related companies, as well as indicators serving as basis for determining if transfer pricing between related parties are within legal parameters.
The system will allow judges to freeze bank accounts for delinquent taxpayers, in electronic form.
The system, which streamlines the process, will be implemented initially in three courts at the capital and one in Mixco.
"Luis Arturo Archila, tax lawyer, explained that thanks to this technology the accounts of the defendants can be seized from the time the judge orders", published Elperiodico.com.gt.
New measures have been put in place to improve tax collection, among them electronic embargoes of banking accounts and properties.
At customs, the government revenue authority, known as SAT, will develop a program dubbed "Aduana Segura II" (Secure Customs II), a closed circuit of TV cameras overseeing entrance and departure of merchandise.
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