The complementarity rule in the sub-motives of misapplication of law and violation of law by omission within the cassation appeal. Part II
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The complementarity rule in the sub-motives of misapplication of law and violation of law by omission within the cassation appeal. Part II

In the previous article, I discussed the reasonableness of the complementarity rule between the cassation sub-motives (substantive motives) of Misapplication of Law and Violation of Law by Omission (non-application) as established by the Supreme Court of Justice, Civil Chamber. In essence, it has been established that for the admissibility of these sub-motives, when alleging the…

Regulation of Advance Pricing Agreements (APA) in Guatemala
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Regulation of Advance Pricing Agreements (APA) in Guatemala

The regulation of transfer pricing in Guatemala is based on the free competition principle. This principle is defined as the price or amount for a given transaction that independent parties would have agreed upon under comparable conditions. Taxpayers engaging in transactions with related parties must demonstrate compliance with the arm’s length principle through transfer pricing…

Consortium Legal appoints new partner in Guatemala
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Consortium Legal appoints new partner in Guatemala

As part of the firm’s growth strategy and to continue providing the highest standard of quality in every legal advisory to its clients, Consortium Legal announces the appointment of Cristina Sandoval Saravia as a partner in the migration, OSH, and environmental practice. With this addition, the number of local partners increased to 17, and 64…

Consortium is recognized for its excellence and innovation at the IFLR Americas Awards
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Consortium is recognized for its excellence and innovation at the IFLR Americas Awards

The legal directory International Financial Law Review (IFLR) recognized Consortium Legal with 4 awards at the annual gala held this Wednesday, May 15 in New York City, United States. The event brought together the continent’s best law firms to highlight their work on the most innovative cross-border transactions of 2023, their teams, and participating lawyers….

The complementarity rule in the subgrounds of Improper Application of Law and Violation of Law by Omission within the appeal for cassation
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The complementarity rule in the subgrounds of Improper Application of Law and Violation of Law by Omission within the appeal for cassation

Part I In Guatemala, the extraordinary appeal of cassation is processed and resolved by the Supreme Court of Justice, Civil Chamber. This appeal aims, among other things, to determine the correct application of the law by the various courts of the Republic. This guarantees security and legal certainty for the governed that a certain judicial…

Legal theft of tax credit in VAT in Guatemala
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Legal theft of tax credit in VAT in Guatemala

Continuing with the line of comments already made regarding the reforms undergone by the VAT in Guatemala, which have led to eliminating the right to claim tax credit, we now address the reforms to art. 16. Let’s start with the original article: ARTICLE 16. Inadmissibility of tax credit. The right to tax credit does not…

Considerations on Capital Reduction in Guatemala
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Considerations on Capital Reduction in Guatemala

Within the social and financial operation of a commercial company, it is common to see an increase or decrease in the capital contributed by its partners or shareholders, depending on the results that the business reflects at certain times in the life of the company. While increasing capital is more familiar within the corporate sphere,…

Fintech Regulatory Report
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Fintech Regulatory Report

Central America is a region experiencing growth and development in the Fintech market. In recent years, some countries have enacted laws, regulations, and rules applicable to various types of financial technology services. However, other services offered by Fintech companies are regulated through general principles of law and the primary laws of each country. Nevertheless, there…

The Legal Theft of Tax Credit in Guatemala
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The Legal Theft of Tax Credit in Guatemala

I know the title sounds strong; however, it is true. Amendments to the law in Guatemala have caused the legislative branch to steal our tax credit, resulting in obvious violations of the principle of neutrality, which we have previously discussed. This is how the law originally stated, in Article 22: Article 22. Tax Credit Refund….

Competition Law in Guatemala: Are the Foundations Correct?
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Competition Law in Guatemala: Are the Foundations Correct?

We have been hearing that, as a country, we “urgently need” competition law and that without it, we will not emerge from poverty. However, the situation is not quite as straightforward. Firstly, we do have a competition authority and we also have competition laws. What is the problem then? From an economic understanding of the…

Bill 5901 Initiative Fair Pricing Medicines Act in Guatemala
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Bill 5901 Initiative Fair Pricing Medicines Act in Guatemala

The initiative of Bill 5901, the Fair Pricing Medicines Act, is being introduced for consideration. This initiative seeks to regulate the pricing of medicines according to the following formula: Article 2. Sale of Medicines to the Public: Individuals or legal entities selling medicines to the public shall determine the retail price and shall place and…

New energy tender for Guatemala
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New energy tender for Guatemala

Since the awarding of Tender PEG-4-2022 last year, there has been discussion about the need to launch a larger one, given that the country’s demand has increased, and the generation park and transmission system have remained stagnant in terms of growth and technological changes that benefit not only prices but also access to energy for…