With the Nicaraguan authorities confirming that they will review the Tax Agreement Law again in 2020, the business sector is calling for the correction of several measures that have decapitalized companies operating in the country.
On February 27, 2019, the reform to the Tax Harmonization Law was approved, which consisted in raising income tax from 1% to 2% for medium sized companies with higher income, and from 1% to 3% for large taxpayers.
Although Costa Rica and Nicaragua approved fiscal reforms this year, it is predicted that the expected results in terms of tax collection will not be achieved.
The document "Centroamérica: análisis sintético, por país, del desempeño de la recaudación tributaria en 2019", prepared by the Instituto Centroamericano de Estudios Fiscales (Icefi), explains that, in the case of Costa Rica and Nicaragua, the expected results in terms of improved collection are still in doubt.
In Nicaragua, there is uncertainty because the government is reviewing the tax reform without the participation of businessmen, and because adjustments to the minimum wage could be made in September.
Weeks ago, it was reported that when the government's review of the tax reform in force in the country since February is completed, businessmen consider that no tax cuts will be made, despite the fact that production costs in the country have risen considerably.
With the approval of the tax reform, in Nicaragua the period for exporting companies to transfer the tax credit to the producer or manufacturer was reduced from three to two months.
At the end of February, the National Assembly approved the amendment to the Tax Concertation Law, which increases from 1% to 3% the income tax of large taxpayers and also shortens the deadline for exporters to transfer the tax credit to producers, which is 1.5% on the value of FOB exports.
In the midst of Nicaragua's political and economic crisis, the National Assembly approved a tax reform that increases the income tax of large taxpayers from 1% to 3%.
On the morning of February 27th, the reform of the Tax Concentration Law was approved, which also contemplates raising from 1% to 2% the income tax for medium sized companies with higher incomes.
In Nicaragua, the government plans to increase employer, labor, and state Social Security contributions, and to approve a tax reform that would increase taxes for medium and large companies.
Although the country has been in a serious economic and political crisis since April 2018, when the government tried to implement reforms to the Nicaraguan Institute of Social Security (INSS), the Ortega administration is once again trying to make changes to the institution, this time through an administrative resolution.
The Government and the private sector have started negotiations to create a proposal for fiscal reform, which could include, among other things, changes aimed at achieving the financial sustainability of the Social Security scheme.
Without revealing details of the first sessions, the Higher Council of Private Enterprise (Cosep) reported that the reform negotiated with the authorities is focused on preventing insolvency of the Nicaraguan Social Security Institute and guaranteeing the country's economic growth.
The good functioning of the institution in charge of collecting taxes is vital for ensuring economic development, as it means that honest companies who comply with their fiscal obligations are not at a disadvantage to those who don't.
EDITORIAL
In Costa Rica, better administrative management has made possible better income tax collection figures than those foreseen with simple tax increases.
With the reform to the law on Tax Concentration non-resident investors in the country will have to pay 15% instead of 10% on income earned from capital.
According to Juan Sebastian Chamorro, executive director of the Nicaraguan Foundation for Economic and Social Development, the new reform "... is a positive thing for the country because it will generate an increase in the collection of such taxes but is a negative blow to natural and legal non residents because the Revenue Department will no longer deduct 10% on capital transfers, but rather 15 %. "
Exemption from VAT and income tax for SMEs operating under the fixed quota regime will be retained in the Tax Act Coalition whose reform is being proposed by the Executive.
There are about 200,000 small and medium enterprises (SMEs) operating under the so-called fixed quota regime, contributing 40% to gross domestic product (GDP).
Bayardo Arce, advisor to the President for Economic Affairs, told Elnuevodiario.com.ni that "...
The Government has abolished the regulations of the Tax Coalition Law which created new taxes and fiscal measures.
Jose Adam Aguerri, head of the Superior Council of Private Enterprise announced that the regulations on the Tax Coalition Law will be canceled by the Government of the country.
"President Daniel Ortega signed an order repealing the controversial decree 06-2014 containing the regulations.
The union of private enterprises in Nicaragua is opposing the amendment to the Law on Tax Coalition.
The Superior Council of Private Enterprise showed its opposition to the reform of the Law on Tax Coalition. The head of the union, José Adán Aguerri said "we will file a constitutional appeal against decree 06-2014, and amendments and additions to this Law, published last week."
The technical redefinitions that make up a successful tax reform should be based on a reformulation of the social contract which establishes national goals.
Nacion.com reports that "According to Augusto de la Torre, Chief Economist at the World Bank, the fiscal debate is more than just an economic debate, it is almost a philosophical debate about the kind of state we want to have."
The enactment of the tax reform offers exporters a grace period to enjoy a preferential amount on the payment of taxes.
Laprensa.com.ni reports that "the Law called ‘Concertación Tributaria’ (LCT), which took effect on January 1st, brings a number of benefits to the country's export sector, but also a number of obligations. It gives a grace period to enjoy a preferential amount for the payment of taxes, both for new exporters and entrepreneurs who already have trade links with other countries. "
Nicaraguan companies affected by duties paid on imports of several products for family use may request a return of VAT already charged.
The president of the Superior Council of Private Enterprise (COSEP), Jose Adán Aguerri, stated that President Daniel Ortega will sign an erratum revoking the charges built in to the tax reform passed last year.
"In the case of imports that were made and on which taxes were paid, a request will have to be made for a refund or credit of such taxes, that's a situation we have agreed with the Government and in that sense it has been negotiated and agreed", added Aguerri.