A new tax regulation has been published by national tax authorities on last December 20th, 2019 and contains two important things for you to know.
1.REGISTERING THE COMPANY AS INACTIVE
As from January the 6th 2020, all non-active corporations – S.A. LLC – must report and register as an inactive taxpayer at Treasury Tax Portal System. (ATV) and must file this D140 FORM in monthly groups determined by the last digit of the corporation identification number as follows:
TERMINATION OF CORPORATION ID & TO BE REGISTER BY
- 1 & 2 – January 2020
- 3 & 4 – February 2020
- 5 & 6 – March 2020
- 7 & 8 – April 2020
- 9 & 10 – May 2020
HOW TO DO THIS PROCESS BY YOURSELF?
You can fill out this declaration (D140 FORM) in the ATV (Administración Virtual Tributaria) in the following website: www.hacienda.go.cr
2. DECLARING GLOBAL VALUE OF THE COMPANY
Additionally, the regulation states that as of January 2021 and until March 15th, 2021, another declaration (D135 FORM) must be completed by all INACTIVE CORPORATIONS. In this declaration, corporations have to declare their assets (passives and actives), capital stock, patrimony and the global value the company. It’s important that the information that is going to be declared its inserted properly and accordingly in the Company Books.
HOW TO DO THIS PROCESS BY YOURSELF?
By next year, Tax Authorities will have available on their website the form to comply with the declaration. You can fill out this declaration (D135 FORM) in the ATV (Administración Virtual Tributaria) in the following website: www.hacienda.go.cr.
FAQS
WHAT IS AN INACTIVE CORPORATION?
An inactive corporation can be described as a corporation that does not perform commercial activity in the country. Typically they are created ONLY to hold assets such as properties/vehicles, etc. If you have an inactive company please get in touch with us.
DO YOU HAVE TO PAY A TAX?
No. This is not a new tax, it’s just a new regulation issued by the TAX AUTHORITIES, which purpose is that all corporations register as INACTIVE companies before Tax Authorities and eventually declare the company’s assets.
WHERE DO YOU SUBMIT THESE DECLARATIONS?
Before the Tax Authorities on their ATV online platform. To be able to use their online platform you have to have a NITE number (its a TAX number) and a password to enter the system. If you are a foreigner living in CR and don’t have residency yet, you will have to go personally to Tax Authorities to get your NITE number and password first and comply with certain documentation to obtain it.
DO YOU HAVE TO SUBMIT THESE DECLARATIONS YEARLY?
The D140 FORM (which is the registration of the company as inactive) JUST ONE TIME.
The D135 (which is the declaration of the global value of the company) has to be submitted yearly, within the 2 months and 15 natural days at the end of the fiscal period.
IS THIS THE SAME REGULATION AS THE DECLARATION OF SHAREHOLDERS?
No, this is a completely different declaration than the Declaration for the Registry of Shareholders that has to be submitted yearly in April before the CENTRAL BANK, which purpose its solely to declare who are the shareholders and/or final beneficiaries of the company.
Please feel free to contact us to be able to assist you with all your corporate matters and avoid high fines.
