Modifications and additions to resolution DGT-R-46-2014 in Costa Rica

Mandatory requirement for National Large Taxpayers to submit audited financial statements.

With the publication in the official newspaper La Gaceta of resolution MH-DGT-RES-0002-2024 on February 15, 2024, modifications and additions were made to resolution DGT-R-46-2014, linked to the mandatory requirement for National Large Taxpayers to submit audited financial statements.

Resolution MH-DGT-RES-0002-2024 amends articles 1, 4, 5, and 6 of the previous regulatory frameworks. Regarding the changes, it is important to highlight the following:

    1. Taxpayers classified as National Large Taxpayers, who declare a tax liability equal to zero or a negative taxable base in a specific fiscal period, must, without prior request from the administration, provide reports on audited financial statements by a Certified Public Accountant. Compliance with this requirement must be within three months following the end of the fiscal period, with the possibility of an extension for an equal period upon prior justification.
    2. The transitory provision establishes that for the year 2023, taxpayers mentioned in the preceding paragraph must provide reports on financial statements within three months after the expiration date of the deadline for filing the tax return – March 15, 2024.
    3. The remaining modifications specify requirements for the Financial Statements to meet the requirement.

In practice, those companies that declared a tax liability equal to zero or a negative taxable base (for example: companies under the Free Trade Zone regime) and expected a request from the Tax Administration to submit their financial statements must adjust to the change and submit them – without prior request – within the established deadlines.

For further inquiries or to delve deeper into the topic, please contact Jossué Chacón at jechacon@consortiumlegal.com and/or Anamari Echeverría at aecheverria@consortiumlegal.com.