If your company imports, exports, provides services, receives services, or receives funding grants, among other things, with related companies located abroad, Special Valuation Rules Between Related Parties apply, as set out in Articles 54 to 67 of Decree No. 10-2012. Decree No. 19-2013 with effect from December 21, 2013, states that these rules are suspended in their application and effect! and that these rules will come into effect again and will be implemented on January 1, 2015. However there is doubt whether the suspension of the operation of the rules applied in 2013, given that the same Decree No. 19-2013 refers us to Article 7 of the Tax Code, however, this is not enough to give us an answer.
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
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):
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.
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