TAX TO LEGAL PERSONS AND THEIR CORRESPONDING OBLIGATION TO REGISTER IN THE UNIQUE TAX REGISTER (RUT)

On September 1, 2017, the new Law on Tax of Legal Persons, number 9428, came into force, and we say new, because in 2011 a first law had been approved in this regard (number 9024) that was in effect until the year 2015, when by a resolution of the Constitutional Chamber, several of its articles were declared unconstitutional.

The new Law No.9428 establishes the need to cancel a tax for all commercial companies, as well as for any branch of a foreign company or its representative and individual limited liability companies that are registered or that from now on are registered in the Registration of Legal Entities of the National Registry of Costa Rica.

The amount to be paid for each company will depend on the income reported by each legal entity, before the Ministry of Treasury, in the immediate preceding period, as follows:

  1. Those companies that do not have operations in the country, and therefore, have not had the need to register as taxpayers before the tax authorities (Unique Tax Register or RUT of the General Directorate of Taxation), will cancel 15% of a monthly base salary, amount that currently amounts to approximately Ȼ63,000.00; (current exchange rate $ 1 = 563.12);
  2. Those companies with operations in the country, therefore, enrolled in the RUT, and that have had gross income of up to 120 base salaries (approximately Ȼ51,000,000.00), must pay 25% of a monthly base salary (approximately Ȼ106. 000.00);
  3. Those companies with operations in the country, therefore, registered in the RUT, and that have had gross income of between 120 and 280 base salaries (approximately between Ȼ51,000,000.00 and Ȼ119,000,000.00), must pay 30% of a base salary (approximately Ȼ128,000.00); and finally
  4. Those companies with operations in the country, and registered in the RUT, that have had gross income above 280 base salaries (approximately Ȼ119,000,000.00), must pay 50% of a base salary (approximately Ȼ213,000.00 ).

The term to cancel the tax, without surcharges, has expired on September 30, 2017; for which, those who have not canceled it yet, must do so assuming the payment of these surcharges.

NEED TO REGISTER INACTIVE COMPANIES IN THE RUT. The Regulation to the Law 9428, establishes the obligation of every registered company before the Mercantile Registry to enroll before the RUT by submitting a form (Declaration of Modification of Data of the Taxpayers Registry of the form D.140); before the entry into force of the law (September 1, 2017), although they were not obliged to do so before, in virtue of not having commercial activities.

To carry out said registration, a chronogram has been established based on the last digit of the corporate identity cards, as follows:

– Legal certificates ending in 1 and 2: During the month of February 2018;

– Legal certificates ending in 3: During the month of March 2018;

– Legal documents ending in 4: During the month of April 2018;

– Legal certificates ending in 5: During the month of May 2018;

– Legal documents ending in 6: During the month of June 2018;

– Legal documents ending in 7: During the month of July 2018;

– Legal documents ending in 8: During the month of August 2018;

– Legal documents ending in 9: During the month of September 2018

– Legal documents ending in 0: During the month of October 2018.

The information that is to be detailed in the form D.140, refers to the fiscal domicile, as well as means to receive notifications. Failure to submit the form within the established deadlines may be subject to penalties based on article 78 of the Tax Rules and Procedures Code.

Those companies that are already registered as taxpayers, before the Ministry of Treasury as taxpayers of other taxes, as well as the companies that will be registered before the Mercantile Registry, as of the entry into force of the law, will be registered in the RUT. In the case of new companies, these will have a period of one month, from the date of their registration in the National Registry, for the presentation of form D.140, and failure to submit it, may be subject to sanctions based on in article 78 of the Code of Tax Rules and Procedures.

At Lexincorp Abogados, we offer advice on this subject and provide you with the service of preparation and presentation of the D.140 statement.

If you have any questions or comments, please do not hesitate to contact our lawyer in charge of the Corporate Law Department, Mr. Eugenio Vargas Ramírez, at evargas@lexincorp.com or at infocr@lexincorp.com.

 

 

Vargas, Eugenio