With the legislative endorsement of the law against tax fraud the Ministry of Finance will be able to have access to the list of shareholders of corporations, and the people behind other legal entities.
The bill which was approved in second debate by the Legislature stipulates: an obligation to accept as a method of payment, in addition to cash, credit cards and debit cards; an obligation to be up to date with tax payments before making contracts or applying for permits, concessions or authorizations with any state institution; the introduction of penalties for tax advisers engaged in illegal maneuvers to evade or reduce the amount to be paid by taxpayers; and strengthening of the processes of judicial collection.
The legislative opposition in Costa Rica has once again submitted a replacement text for the law against tax fraud, eliminating from the project the seizure of bank accounts of companies suspected of tax evasion.
With the motion filed by the opposition deputies are aiming to prevent the Directorate General of Taxation from having the capacity to seize or ask a judge to seize bank accounts of taxpayers suspected of tax evasion.
Treasury data shows that in respect to income tax on legal persons, there was a 70% shortfall on potential revenue, representing 4.23% of GDP.
"... We are still finding fraud, smuggling, omissions, arrears and taxpayers taking advantage of weaknesses in our laws, they are still looking for ways to default on their obligations, therefore we are trying to improve controls and our tax laws," said Helio Fallas, Minister of Finance in Costa Rica.
In Costa Rica the bill against tax fraud has removed the power of the tax authorities to collect and put in place embargoes through an administrative decision.
Instead, members of the ruling party will support the proposal that tax debts be resolved in the courts, "... as the Ministry of Finance negotiated with representatives of the National Liberation Front party (PLN), Social Unit Cristian Party (PUSC) and the Libertarian Movement Party.
The new draft law on tax fraud prepared by the opposition and which must be reviewed by the Ministry of Finance excludes the concept of collection and seizure by administrative authorities.
After having negotiated for the opposition bloc in Congress to amend the bill originally submitted by the Ministry of Finance, the new bill is ready and among the changes is the elimination of the incorporation of the concept of fines and embargos imposed administratively. It maintains the collection and seizure of tax debts through the courts.
In Costa Rica the majority of MPs are opposed to the bill which would give the Treasury the ability to penalize delinquent taxpayers, a measure considered unique to the judiciary.
The Government will have to amend the draft law to improve the fight against tax fraud if it wants the Legislature to approve it. The opposition is mainly relted to the fact that the project would grant the ability to make charges and put in place embargoes without a court order, and there are also "... objections to tax advisers being made to pay part of the taxpayers debts, if the Administration considers that they gave the wrong advice."
A bill to improve the fight against tax fraud authorizes the tax authorities to seize the assets and bank accounts of delinquent taxpayers, without a warrant from a judge.
An article in Nacion.com reports that the Technical Services Department of the Legislative Assembly has proposed a rule that "... could affect property rights and the privacy of individuals because it would allow Taxation officials to take possession of any money deposited in bank accounts, income from salaries and pensions. " and all this "... without a warrant, the Tax Administration would be able to seize assets and enter business establishments."
Bill aims to make public the names of people and companies that are in arrears in the payment of taxes in Costa Rica.
The bill is being sponsored by the Frente Amplio in the Costa Rican Legislative Assembly and has the support of MPs from different benches and even the Executive.
Under the reform, " information about the names of individuals and legal entities that have tax debts to the Treasury, and the amount of such debt will be publicly accessible," reported Nacion.com.
The Government of Costa Rica will create a new Special Fraud Unit and has issued a directive to restrict settlements in cases of tax evasion.
A statement from the Presidential House reads:
The President of the Republic, Laura Chinchilla Miranda said that "Costa Rica has been taking steps in the right direction to improve tax administration, not only have we implemented leading-edge management models, but we have also proposed major changes to the laws of both taxes and procedures demonstrating a clear conviction and commitment by this Administration to improve public finances with a strong desire to work on the structural failure of our tax system. "
Costa Rica intends to fight tax fraud and evasion, labeling them not only as felonies but also as an ethical and solidarity problem.
The Treasury of Costa Rica presented the National Plan for Preventing and Fighting Tax Fraud. It remarks the need to improve the management of related information, and to ease the required procedures to raid and obtain information.
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