Chang y Compania and Mag Alcoholes, are two companies that during March were audited by local authorities, after the detection of the possible crime of tax and customs fraud.
Representatives of the Superintendencia de Administración Tributaria (SAT) informed that on March 10, the Juzgado Pluripersonal de Primera Instancia Penal en Materia Tributaria y Aduanera ("Pluripersonal Court of First Criminal Instance in Tax and Customs Matters") ordered the intervention of the company Mag Alcoholes, and on March 22, the Juzgado Quinto de Primera Instancia Penal ("Fifth Court of First Criminal Instance") ordered the intervention of the warehouse Chang y Compania.
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.
In this scenario of economic crisis, falling tax revenues and the need to finance recovery programs, in Guatemala and Costa Rica it is already proposed to increase current taxes and create new ones.
Guatemalan authorities are already beginning to discuss the fiscal policy they will apply in 2021, when the economy will have to face the effects of the economic crisis generated by the covid-19 outbreak.
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.
For the Guatemalan business sector, the conditions are in place to facilitate the exoneration of fines and interest despite being an election year, but for the government, a tax amnesty will not be an option this year.
Because of the tax credit repayment problem that has been reported for several years in Guatemala, businessmen believe it is feasible to make a tax amnesty, but the authorities do not consider it, because they argue that it is not the way to improve tax revenues.
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.
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.
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 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".
Since the institutional crisis the tax supervision body has been operating without a head since April, while the fiscal deficit is still growing and legal bills sleep in the Assembly.
In an opinion piece published on Prensalibre.com, Oscar Chile Monroy, refers to the need for the new president Alejandro Maldonado to urgently decide on who are the new authorities for the Tax Administration in order to redirect the state of public finances, after the institutional crisis whose effects are still being felt in the tax collection agency.
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 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.
Tax Memorandum by Tezó and Associates regarding verification of the information presented in the annual declaration of income tax.
Tax Memorandum by Tezó and Associates:
In March 2015 the SAT sent an email containing a reminder to some Special Taxpayers in respect to the maturity of the annual Income Tax affidavit (ISR). This email includes he notice with the following paragraph: "In April 2015, the SAT will verify the information presented in the annual ISR affidavit, for which reason it asks, among other things, for the integration of non-deductible expenses and receivables reported and declared. "
The Tax Authority announced special audits in companies with "related parties abroad", which can be avoided by presenting an Agreement on Advance Pricing.
This year nine audits are being carried out with the objective of corroborating "... suspicions raised when key rights or trade credits have been created." According to a study conducted by risk teams to implement transfer pricing, coffee, bananas, sugar, fuels and metals sectors are reporting increased risk in their transactions.