Memorandum on the implementation of the rules on transfer pricing 2015 and payment schedule for obligations in January 2016.
From a Memorandum sent by Tezó and Associates:
Taxpayers who pay ISR (income tax) who carried out transactions in 2015 with related foreign companies, including imports, exports, services provided and received such as management services, legal, accounting, financial, technical or any other services; and where these operations had an impact on the determination of the income tax payable, are required to have a Transfer Pricing Study.
Payment schedule for the most relevant obligations, corresponding to June 2015.
From a statement issued by Tezó and Associates:
Friday, June 12
ISR monthly Employee Retention
-Retention for income from real estate and assets (interest)
-Declaration of Income tax on income from real estate and assets (when not retained)
-Declaration of Income tax on income from capital gains
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. "
Tax Memorandum by Tezó and Associates on Transfer Pricing and schedule for payment obligations in February 2015.
Tax Memorandum by Tezó and Associates:
Under Articles 54 and 55 of Decree No. 10-2012, effective from January 1, 2015, the tax authorities can check whether transactions between related parties (an entity resident in Guatemala with a resident abroad), are rated according to the principle of free competition and make adjustments when the valuation agreed between the parties results in less tax being paid in the country or deferred taxation; if adjustments are made an audience must be conferred within the Process for Determination of Tax Liability by the Administration, established in the Tax Code. It is understood for tax purposes, under the Principle of Free Competition, that the price or amount for a particular operation that independent parties may have agreed in conditions of free competition should be comparable to those performed operations.
Payment schedule for liabilities in January 2015 and Memorandum on Tax Bancarization.
Tax Memorandum
The requirement for Tax Bankarization is regulated by Articles 20 and 21 of Decree No. 20-2006, articles which were amended by Articles 27 and 28 of Decree No. 04-2012, specifically in order to change the amount of bankarization amount from $6,585 to $3,951
Schedule of payment of liabilities for December 2014 and Tax Memorandum on the new control department for exempt taxpayers.
Tax Memorandum
Department of Control for Exempt Taxpayers
The SAT is directly notifying taxpayers of the creation of a Department of Control for Exempt Taxpayers
The core of the notification indicates that:
"The Superintendency of Tax Administration has implemented a Control Department for Exempt Entities to provide in a comprehensive manner, service, control and monitoring of compliance with tax and customs obligations; and verify the proper use of the benefits of those entities that enjoy tax breaks of any kind.
Payment schedule of obligations corresponding to August 2014 and Memorandum on Tax Regulation on Occupational Health and Safety.
Tax Memorandum August 13th to 14th, 2014.
Regulation of Occupational Health and Safety
The Ministry of Labor and Social Welfare published in the official newspaper La Gaceta of August 11, 2014 Governmental Agreement No. 229-2014 through which issues the "Regulation of Occupational Health and Safety" must be observed by all employers. Its validity is from February 11, 2015, ie there are six months to implement the measures for occupational health and safety, required by this Regulation.
Calendar of payment obligations for July 2014 and Memorandum Tax on banking secrecy.
Tax Memorandum August 12nd - 14th 2014
Is bank secrecy is over?
All OECD countries as well as others such as Costa Rica have committed to the automatic exchange of tax information.
Because of the importance of this topic, the following is transcribed from a statement issued by the Organization for Economic Cooperation and Development (OECD):
An announcement by the SAT relating to audits on quarterly income tax payments and payment schedule of obligations corresponding to April 2014.
Tax Memorandum May 7-14 2014
Quarterly income tax payments and supervision of the Superintendency of Tax Administration (SAT):
The SAT has recently announced that it will oversee statements on Quarterly Payments of ISR, especially the deductibility of expenses and is also asking for integration of expenses reported as nondeductible.
2013 declaration of Income Tax and schedule for payments in February 2014.
Tax Memorandum February 4th-14th 2014
Need to integrate the cost of sales
March 31 is the deadline for the declaration of Income Tax - ISR- for the year 2013 and considering that the SAT is exercising control more often and with more resources, such as technology, information provided by the taxpayer such as the case of the report on stocks of inventories kept up to the closing date, classification of taxpayers and other things, it is important to prepare this statement including amounts that are integrated and supported with the appropriate legal documentation. Of course, this is in the case of the taxpayer settling heir tax bill and being registered in the System On Profits From Lucrative Activities.