On May 28, the Legislative Assembly approved a reform to the Special Law on Customs Infractions. Among the most important reforms are the following:
1. The administrative infractions will be sanctioned with a fine equivalent to 0.25% on the accounting equity; currently said fine is equivalent to 0.5% on the accounting equity.
2. An omission or inaccuracy in the declaration of goods that is due to an excess or missing merchandise, and does not cause a fiscal loss, will have a tolerance margin of 5% on parameters of quality, volume, weight or value of the goods.
3. For tax infractions, a maximum tolerance of 5% of the total weight of an item of merchandise introduced, when there is an inferior difference than the actual weight that has been declared. The same will apply to inaccuracies and omissions
caused by missing re-export declarations that come from special customs regimes. If the surplus exceeds 5% but the tax that must be paid does not exceed $100, a sanction equivalent to 100% of the tax not paid will be applied.
4. The tax fines that were sanctioned with 300% of the evaded taxes will now be sanctioned with 100%.
5. An abbreviated voluntary procedure is regulated for those offenders who voluntarily submit themselves to the application of sanctioning procedures as long as the fines do not exceed 6 monthly minimum wages in the commerce and services sector.
6. The amount from which a tax loss is considered a crime of customs income fraud was increased. With the reform, they will be sanctioned with four to six years in prison if those damages exceed 333 minimum wages in the commerce and services sector ($101,288.61), and not $25,000, as it is now in force.
7. In the cases in which subjects are in judicial processes before the courts of the litigation, whenever a definitive sentence has not been issued, the recalculation of the sanctions imposed on the basis of the reform must be made upon request of the interested party.