On October 27th, 2017, day of effective circulation of the Official Journal, Legislative Decree number 804 dated October 10th, 2017, came into effect, which was formally published in the Official Journal number 196 volume number 417 corresponding to October 20th, 2017, containing the Transitory Law to Facilitate the Fulfillment of Tax and Customs Obligations, known as Tax Amnesty.
1. TERM. The referred law concedes a term of three (3) months, which began on October 27th, 2017 and ends on January 27th, 2018, granting taxpayers the benefits contained in such Transitory Law related to their tax and customs obligations, benefits which are only applicable to tax and customs obligations prior to October 27th, 2017, whose term to settle or present the declaration has expired before that date.
2. APPLICABLE TAXES. The aforementioned law is applicable to the obligations and taxes administered by the General Directorate of Internal Taxes (Dirección General de Impuestos Internos) and the General Directorate of Customs (Dirección General de Aduanas), such as: payment on account, withholdings, income tax, VAT, real estate transfer tax, specific and ad-valorem taxes, special contributions, import customs duties and import VAT.
3. BENEFITS. The taxpayer who pays any applicable tax will be exempt from interests, surcharges and penalties, or only interests as appropriate for each case.
The benefits will not apply for cases in which the Attorney General's Office (Fiscalía General de la República) had already begun the respective criminal process.
4. PAYMENT METHODS. Payment can be made in cash, check, cashier´s check or certified check, credit notes from the public treasury, credit or debit cards accepted by the Treasury Service (Dirección General de Tesorería) and presenting the corresponding tax declarations or merchandise declarations, as applicable for each case.
Payment may be made promptly or during a maximum period of six (6) months that may be requested and authorized by the Treasury Service.
5. APPLICATION. The Amnesty Decree considers a series of cases in which amnesty may be granted.