Initially the ordinary period to declare the beneficial owners of the companies was due on April 30, but the authorities decided to extend the deadline to May 31.
This declaration was to be submitted during the month of April; according to resolution N°DGT-ICD-R-06-2020, however, due to the state of emergency facing the country due to the Covid-19 pandemic, these institutions agreed to extend the deadline, in order to guarantee the fulfillment of this obligation and facilitate voluntary compliance, informed the Ministry of Finance.
In Costa Rica, the Constitutional Chamber ruled in favor of the Observatorio Ciudadano de Transparencia Fiscal, an institution that filed an appeal to obtain information on how many individuals appear as owners of shares.
After the Observatory requested to the Ministry of Finance statistical information that can be obtained from the Registry of Shareholders and Beneficial Owners (RABF), the authorities refused.
The National Stock Exchange received a request for authorization of a new stock exchange post, which would be called Iberoamérica Capital, Puesto de Bolsa.
In a press release on 6 March, the National Stock Exchange explained that in the coming "... 10 working days, counting from the working day following this statement, any observation on the managers, shareholders, administrators or legal representatives that could evidence the non-fulfillment of the requirements of honorability established by the regulations can be received."
In Costa Rica, the Legislative Assembly approved in first debate a bill to avoid fines for errors in the declaration of the shareholders' registry for two months.
In its first debate, the file 21,758 Law of Moratorium for the Application of Sanctions corresponding to the ordinary declaration of the 2019 period, related to the transparency and final beneficiaries’ registry, provided for in the Law to Improve the Fight against Tax Fraud, was approved. The initiative gives an extension for shareholders of corporations to submit their lists, before applying sanctions, reported the Legislative Assembly.
Businessmen ask for an immediate extension in the application of any fines, as many representatives of companies have not yet managed their digital signature and at this time, there is no capacity installed in the authorized posts.
The First Chamber has dismissed a motion by the Chamber of Industries, and the Taxation department will be able to require large taxpayers to present information deemed sensitive in the AMPO system.
From a statement issued by the Ministry of Finance:
First Chamber confirms the power of Taxation to request information through the AMPO
Traders, industrialists and entrepreneurs in the agro sector disagree with the position of the main private sector union over the negotiation of new taxes.
Three business unions have ratified their opposition to new taxes in Costa Rica and have made known their total lack of empathy with the way the Uccaep, an organization that unites most of the unions in the private sector, has dealt with the Solis administration over tax issues, the negotiation of a shareholder register proposed by the government and other aspects related to the fiscal problems affecting the country.
The main private sector union in Costa Rica has agreed to form a technical team together with the government to create a database of corporate shareholders.
The Costa Rican Union of Chambers and Associations of Private Enterprise (Uccaep) agreed with the Government of the Republic to form a team (including tax and computer experts) to assess the conditions for creating a database of shareholders, reported Nacion.com.
The organization has once again supported the initiative that the Costa Rican government has control over the register of shareholders of companies classified as large taxpayers.
"The state must have in its hands information on the shareholders of companies and where dividends go to. In a democracy like this it is very difficult to understand how, who and why people can oppose the state having that information, " said the secretary general of the Organisation for Economic Co-operation and Development (OECD) Angel Gurria to Nacion.com.
An appeal by the private sector has been rejected and the Treasury will be able to require large taxpayers to be included in the AMPO system which contains information deemed sensitive.
From a statement issued by the Ministry of Finance:
The Ministry of Justice has finally decided in favor of the Tax Administration, in the process that the Chamber of Food Industry and several coadjuvants filed against the Scheduled Analysis Multifunctional and Target tool (AMPO).
In Costa Rica the private sector claims that the Ministry of Finance is not telling the truth when it there is an essential need to create a register of shareholders under its control in order to comply with the OECD.
From a statement issued by the Costa Rican Union of Chambers and Associations of Private Business Sector (UCCAEP):
A bill being promoted by the government to fight tax evasion involves the creation of a centralized register of shareholders with information on the final beneficiaries of companies.
The business sector does not look kindly on the creation of a centralized register of shareholders, as it would legally oblige companies to disclose sensitive information regarding shareholders when the Directorate General of Taxation requires it.
More than 500 companies categorized as large taxpayers will be able to avoid providing sensitive information on themselves and third parties, such as suppliers and shareholders, to the Directorate General of Taxation.
From a statement issued by the Institute of Chartered Accountants of Costa Rica (CCPCR):
More than 500 large taxpayers could avoid being eligible for AMPO
A bill aims to give more legal guarantees for investors holding less than 20% of shares in companies.
The bill 19,530 also provides that "... Companies classified as large companies, as classified by the Ministry of Economy, Trade and Industry, and companies whose shares are registered in the National Registry of Securities and Intermediaries, and which trade through an authorized stock exchange , must adopt corporate governance policies approved by the board or equivalent body, which must include at least:
Ongoing Emissions Report, Daily Report Movements, Movements and Historical Report, there are three new reports from the Superintendency of Securities.
An article on Crhoy.com reports that "... From Monday, the Superintendent of Financial Institutions (SUGEF) will have online information about the movements of the balances of emissions registered in the National Registry of Securities and Intermediaries, namely debt issues (bonds), equities and securities for participation of closed-end funds. "
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