The Ministry of Finance in Costa Rica has questioned the legality of the triangulated invoicing of goods imported under free trade agreements.
A threat to the legal security of the country is how the business sector describes the questioning on the part of the Ministry of Finance on the procedure used by many companies to invoice in a triangulated manner goods imported under existing trade agreements.The Treasury's concern is that companies can "inflate" the value when triangulating and leave a portion of revenues outside of the country.
The Ministry of Finance and the state run power company ESPH have been denounced for anti competitive practices in the tender for an electronic invoicing system.
After the Ministry of Finance convened an ultra fast tenderand received only two bids for $27 million and $8 million to develop an electronic invoicing system, the union of technology companies has filed a complaint alleging anti-competitive practices.
In the tender to design and implement an electronic billing system for the Treasury, interested companies only have five working days in which to submit bids.
In a tender which requires, among other things, five years of experience in systems development, experience in project management and even a certificate from the Project Management Institute, Empresa de Servicios Público (ESPH) is only allowing five business days for interested companies to submit their proposals.
Starting July 25 all tax returns must be made through the new digital system, e-Tax 2.0.
The resolution published in the official newspaper La Gaceta states that"... all taxpayers and users of the computer system e-Tax Tax 2.0 are given notice, that the only way to submit declarations is through the internet."
There is a striking difference between the offers received by the Ministry of Finance in Costa Rica, in a competition which was held exclusively between state entities in order to avoid mandatory controls on public procurements.
EDITORIAL
In Costa Rica, there is a new phenomenon not seen before: the illogical is no longer surprising, and, what is worse, the unexplainable is accepted as normal.
Business people are complaining that the recurrent failures in the new online system known as the Revenue Management Service is causing losses because of delays in billing.
The new system requires all registered entities to use the documentation demanded by the Revenue Management Service (SAR by its initials in Spanish), for which printing houses certified in fiscal registry have to connect to the system for authorization from the SAR, and it is precisely this part of the process that is failing.
Two years behind schedule, an announcement has been made that in January 2017 the electronic billing system will be implemented by Empresa de Servicios Públicos de Heredia.
From a statement issued by the Ministry of Finance in Costa Rica:
Empresa de Servicios Públicos de Heredia (ESPH), was selected by the Ministry of Finance for the development, implementation and operation of an electronic invoicing system, which will start in January 2017.ESPH together with another company which is a specialist in the subject, will be responsible for developing the software and putting into use the technology platform (networks, servers, connectivity, among other things, as well as the reception, validation and storage of electronic receipts or invoices.
A contract has been awarded for the design and implementation of an electronic billing system that automates the process of reporting taxes and tax collection.
Through adirect recruitmentprocessthe Directorate General of Revenue (DGI by its initials in Spanish) has selected Centro Interamericano de Administraciones Tributarias (CIAT) to design and implement an electronic billing system for the country.
Prensa.com reports that "...The contract, published in PanamáCompra, is valued at 2.2 million dollars and seeks to "strengthen controls and fiscal intelligence aimed at reducing levels of non-compliance, tax evasion and fraud," according to a document signed by Publio Cortés, Director General of Revenue. "
Regarding the future of fiscal printers implemented during the Martinelli administration, Cortes told Prensa.com that"...'In other countries where the experiences of implementing electronic invoicing have been successful, fiscal equipment coexists with electronic invoicing, especially in those segments where controls on billing are more efficient through use of this equipment, such as sales to end consumers.Other countries have implemented a process of progressive replacement of equipment with electronic tax invoices.In the case of Panama, this decision must be evaluated in due course in order to determine what would be best according to the characteristics of the Panamanian market. ' "
Electronic invoices not only reduce operational and administrative costs but also produce better competitiveness among businesses by increasing fiscal transparency in the market.
The slow pace with which the process for establishing the mandatory use of electronic invoices in Costa Rica has been carried out has prevented companies and the treasury itself, from being more efficient, in the first case in terms of controls and in the second of the collection of taxes.
Preparations are being made for a billing system which will allow companies to file reports digitally and in real time, replacing the tax printers implemented by the Martinelli administration.
The DGI has announced to the private sector that the new system is intended to streamline sales reports to the Treasury by large enterprises, in addition to ending the "... complications caused by use of fiscal printers".
A new billing system is in effect and all registered companies are required to provide receipts using the new documentation required by the Executive Directorate of Revenue.
Despite widespread opposition from the private sector, who assert that the payments of sales tax by companies who turnover at least $16,000 a year will have serious negative effects, the new billing system implemented by the Executive Directorate of Revenue (DEI) has come into effect.
The Institute of Aqueducts and Sewers in Panama is putting out to tender meter reading services and distribution of bills in several provinces.
Panama Government Purchase 2015-2-66-0-99-LV-009 871:
"Recruitment for Meter Reading Service and Distribution of Bills, in Bocas del Toro, Chiriqui, Cocle, Herrera, Los Santos, Veraguas, Panama Metro, West Panama, Arraiján, East Panama and Darien and Colon, for thirty-six ( 36) months. "
Although the government had announced that electronic invoicing would be mandatory in 2014, the same Ministry of Finance has now announced that the process will be delayed at least another year.
Commercial documents for tax purposes, generated and transmitted in electronic form, will have to wait until the first half of 2016. The slowness and lack of definition in the process of selecting the company that will provide the support is the main reason behind the delay, according to deputy finance minister, Fernando Rodriguez.
From January to April 2015 2,785 new companies were registered in the Registry of Honduras , 47% more than recorded in the previous year.
The increase has been attributed to the new electronic billing system implemented by the Executive Department of Revenue (DEI), according to representatives from the Chamber of Commerce and Industry of Tegucigalpa (CCIT).
The Honduran Congress has urged the tax authorities to postpone the implementation of the new billing system until January 1, 2016.
In response to pressure from the private sector, Congress passed a motion that the Executive Revenue postpone to January 2016 implementation of the new billing system.
The new system has been opposed by the business community in particular with regard to the obligations incurred by small and micro enterprises.