Category: Taxes

Costa Rica Corporate Tax 2025 (Law 9428): Rates, Deadlines & Penalties

Sep 19, 2025 | Commercial Law, Taxes

Corporate Tax on Legal Entities in Costa Rica (Law No. 9428): 2025 Rates, Deadlines, Penalties & Practical Guide

Quick take: All Costa Rican legal entities—active or inactive—must pay the annual Corporate Tax under Law 9428. The amount depends on income brackets tied to the official base salary (₡462,200 for 2025). Pay by January 31 to avoid interest, registry restrictions, and potential dissolution after three consecutive unpaid years.

This guide explains who must pay, the 2025 rates, the deadline and how to pay, plus penalties and an annual compliance checklist. It’s designed for international investors and companies evaluating Costa Rica’s corporate tax on legal entities under Law 9428.

Table of Contents

Author: AG Legal Costa Rica • Reviewed by: Corporate & Tax Team • Updated: Sep 19, 2025

Who must pay?

  • Commercial corporations (S.A., S.R.L., partnerships, limited companies).
  • Branches of foreign entities or their legal representative in Costa Rica.
  • Individual limited liability enterprises (E.I.R.L.).

Triggering event: The tax accrues on January 1 each year, or on the incorporation date if registered during the fiscal year.

2025 rates and amounts

Rates are percentages of the official base salary (salario base). For 2025, the base salary is ₡462,200.

Entity / condition Calculation base Rate Amount 2025
Not registered with the Tax Administration (inactive entities) Base salary 15% ₡69,330
Registered with gross income ≤ 120 base salaries Base salary 25% ₡115,550
Registered with gross income > 120 and ≤ 280 base salaries Base salary 30% ₡138,660
Registered with gross income > 280 base salaries Base salary 50% ₡231,100

Gross income brackets are measured in base salaries from the prior period; amounts shown are the percentage applied to ₡462,200.

Deadline & how to pay

Final date without surcharges: January 31, 2025.

  1. Confirm company status (active/inactive; gross income bracket).
  2. Log into your online banking and locate “Impuesto a las Personas Jurídicas”.
  3. Enter the corporate ID and confirm period 2025.
  4. Check the correct amount (table above) and pay before January 31.
  5. Save the receipt for your accounting records.

If incorporated in 2025, the first payment is pro-rated from the registration date.

Penalties and registry effects

  • Interest and surcharges from February 1.
  • National Registry restrictions (e.g., certain filings or certifications blocked until payment).
  • Dissolution after three consecutive unpaid years (Law 9428, Art. 7). Re-registration requires payment of all arrears, interests, and penalties.

Annual compliance checklist

  • 📌 Determine prior-year gross income bracket (≤120, 120–280, >280 base salaries).
  • 📌 Verify status with the Tax Administration (RUT & ATV).
  • 📌 Pay before January 31.
  • 📌 Archive receipt and accounting support.
  • 📌 Review other filings (e.g., income tax D-101 when applicable) and corporate representation validity.

Frequently asked questions

What is the “base salary” and why does it matter?
The official legal parameter used for fines and this tax (Office Clerk I). For 2025 it is ₡462,200; rates apply as percentages of this figure.
Do non-profits pay this tax?
The obligation targets commercial companies, branches, and E.I.R.L. entities. Liability depends on legal form and registration.
Can I pay after January 31?
Yes, but interest and penalties apply. After three consecutive unpaid years, the company faces dissolution.
If I incorporated mid-year, do I pay the full amount?
No. The first-year payment is proportional from the National Registry registration date.
How do I determine my bracket?
Use the prior year’s gross income to classify ≤120, 120–280, or >280 base salaries.

Talk to a tax lawyer

Need help paying, classifying your bracket, or regularizing past years? Our team handles payments, arrears, and registry procedures.

REQUEST A CONSULTATION

Tax Crime in Costa Rica

Aug 26, 2025 | Criminal Law, Taxes

Tax Crime in Costa Rica (2025 Guide): Legal Thresholds, Penalties, Procedure, and Risk Mitigation

Quick take: In Costa Rica, tax fraud becomes a criminal offense—not just an administrative infraction—when the amount defrauded reaches at least 500 base salaries.
In 2025, the base salary is ₡462,200, so the criminal threshold is roughly ₡231,100,000. Criminal cases can carry prison terms, while lower amounts are generally handled with administrative fines and surcharges.

This guide explains the legal framework, the elements and thresholds that turn a tax issue into a criminal case,
common risk scenarios, the procedure authorities follow, penalties, and a practical response plan if your company is notified.

Table of Contents

Author: AG Legal Costa Rica • Reviewed by: Tax & White-Collar Team • Updated: Sep 19, 2025

Legal framework

Tax crimes in Costa Rica are primarily regulated by the Tax Code (Código de Normas y Procedimientos Tributarios, Law N.º 4755, as amended, including by Law N.º 9069).
Anti-evasion measures and transparency duties—such as beneficial ownership filing—fall under Law N.º 9416 and its 2024 regulation.
Lower-gravity behaviors are sanctioned as administrative infringements by the Tax Administration.

Elements & criminal threshold

  • Intent (dolo): deliberate conduct to obtain an undue patrimonial benefit by evading taxes, withholding/collecting but not remitting, or obtaining undue refunds/benefits.
  • Monetary threshold: the defrauded amount must reach at least 500 base salaries. For 2025, base salary is ₡462,200 → threshold ≈ ₡231,100,000.
  • Aggravation: fraud above that threshold is treated as a serious criminal offense, with imprisonment as the principal penalty under the Tax Code.

Note: “Base salary” is an official reference set annually and used across penal and tax rules in Costa Rica.

Common criminal-risk scenarios

  • Underreporting income or inflating deductions in a way that reaches the criminal threshold.
  • Withholding VAT or income tax and failing to remit (e.g., payroll withholdings or third-party retentions).
  • False refund claims or improper tax benefits obtained deliberately.
  • Use of sham invoices/entities to generate artificial costs or hide beneficial ownership.
  • Obstructing oversight (destroying or falsifying records) in connection with fraudulent schemes.

Administrative vs. criminal: key differences

  • Administrative infractions: sub-criminal behavior handled by the Tax Administration with fines, surcharges, and interest. Amounts below the criminal threshold—even when serious—are generally resolved administratively.
  • Criminal fraud: requires intent and meeting the 500 base-salary threshold; it is prosecuted by the Public Prosecutor’s Office following a referral.

How investigations progress

  1. Audit & findings: The Tax Administration conducts an audit. If indicators suggest criminal fraud, it prepares a referral.
  2. Referral to prosecutors: Case materials go to the Public Prosecutor’s Office (Ministerio Público).
  3. Criminal investigation: Prosecutors and judicial police gather evidence; precautionary measures may be requested.
  4. Charging & trial: If charges are filed, the case proceeds through the criminal courts. Parallel tax collection and administrative procedures can continue.

Penalties & collateral impacts

  • Imprisonment for serious tax fraud cases meeting the legal threshold (punishment defined by the Tax Code).
  • Fines, surcharges, and interest in administrative pathways; these may also accrue in parallel to the criminal case.
  • Reputational and banking risk: KYC reviews, credit restrictions, and contract complications.
  • Management exposure: directors, accountants, and advisors may face liability where participation is proven.

Compliance program: preventing exposure

  • Governance & UBO: keep beneficial ownership filings current (Law 9416), align bylaws/mandates, and maintain corporate records.
  • Accounting & e-invoicing: complete ledgers, authorized e-invoices, reconciliations, and documented transfer pricing where applicable.
  • Tax positions: written memos for significant deductions/exemptions and consistent treatment across returns.
  • Internal controls: segregation of duties for withholdings, payment calendars, and management certifications.
  • Response playbook: audit-response SOPs, document preservation, and escalation protocols to counsel.

What to do if you’re notified of a potential tax crime (step by step)

  1. Preserve evidence: freeze deletions; secure accounting, bank, and e-invoicing data.
  2. Engage counsel immediately: coordinate communications with the Tax Administration and prosecutors.
  3. Fact check & quantify: compute exposure vs. the 500 base-salary threshold; assess intent indicators.
  4. Prepare your defense file: ledgers, invoices, contracts, expert reports, and governance evidence (UBO filings, board minutes).
  5. Define strategy: administrative remedies, payment arrangements (where appropriate), and litigation roadmap.

Frequently asked questions

What is the 2025 criminal threshold?
500 base salaries. With a base salary of ₡462,200 in 2025, that equals about ₡231.1 million.
Does paying the tax eliminate criminal liability?
Payment can reduce financial exposure and may influence prosecutorial criteria, but it does not automatically erase criminal liability. Get case-specific advice.
Are accountants or directors personally liable?
They can be, if evidence shows participation or facilitation. Strong governance and documentation help mitigate risk.
What if my case is below the threshold?
It is generally handled administratively (fines, surcharges, interest). Robust technical defense still matters.
What is “base salary”?
An official reference amount used to set fines/penalties nationwide. Authorities publish it each year; for 2025 it is ₡462,200.

Talk to a lawyer

Facing an audit or a potential criminal referral? Our team handles strategy, defense files, and representation before the Tax Administration and prosecutors.


REQUEST A CONSULTATION





Inactive Companies Income Statement

Jan 16, 2025 | Commercial Law, Taxes

Inactive Companies Statement for Costa Rica — How to File Form D-101

Inactive Companies Statement for Costa Rica

The Inactive Companies Statement in Costa Rica is submitted using the Simplified Income Tax Return (Form D-101) through the Ministry of Finance’s Virtual Tax Administration (ATV). The simplified form was made available as of January 1, 2022 and covers the applicable fiscal periods designated by the Tax Authority.

Quick step-by-step (copy-paste checklist):

  1. Confirm registration code: verify your company is registered under activity code 960113 (inactive companies).
  2. Update legal data: ensure legal representative and tax address are current at the National Registry and RUT/ATV.
  3. Value assets: list and update market/value of assets (real estate, vehicles, shares, bank positions).
  4. Access ATV: log in to the ATV portal and choose Form D-101 (Simplified Income Tax Return).
  5. Complete & submit: fill the form, attach supporting figures and submit before the applicable deadline.

Professional accounting/legal assistance is recommended to ensure correct valuations and avoid penalties.

Inactive Companies Statement for Costa Rica — Detailed Step-by-Step

1. Who must file?

Companies that are legally constituted in Costa Rica and do not carry out income-generating economic activity — typically registered under activity code 960113 — must file the simplified return.

2. Legal basis (brief)

The obligation to declare is part of the broader tax reforms and rules introduced with the fiscal-strengthening reforms; the Tax Authority and Ministry of Finance issued guidance and the simplified form to collect information from inactive entities.

3. Preparatory checklist (what to gather before you file)

  • Legal representative’s full name, ID and email / contact info.
  • Registered tax address and confirmation it matches the National Registry records.
  • Complete list of assets (real estate, vehicles, shares, bank balances) and updated valuations as of the reporting date.
  • Basic accounting summary or balance sheet for the periods required (the simplified Form D-101 will request summary figures).
  • Access credentials for the ATV system (create or confirm your user if needed).

4. Filing procedure (step-by-step)

  1. Verify registration & status: confirm the company is registered under code 960113 or the proper RUT entry.
  2. Update records: if needed, update the legal representative and tax address in the National Registry and on ATV.
  3. Prepare valuation support: obtain market values, appraisal reports (if available) or accounting records that justify asset values.
  4. Log in to ATV: access https://www.hacienda.go.cr/ATV and select Form D-101 (Simplified Income Tax Return).
  5. Complete the D-101: enter the required summary data for the indicated fiscal periods, attach explanations or supporting docs as applicable.
  6. Submit and save confirmations: submit the return and download/keep XML or PDF confirmation and submission receipt.
  7. If applicable, follow up: if the Tax Authority requests additional information, respond promptly to avoid penalties.

5. Deadlines and special notes

The simplified D-101 form was made available for filing beginning January 1, 2022 and subsequent guidance or extensions have been published by the Ministry of Finance — check ATV or official releases before filing.

6. Distinction vs other returns

Filing the simplified D-101 does not automatically replace other fiscal obligations (e.g., municipal taxes, annual real estate declarations, or other informational forms such as D-195 when required). Check the specific resolution text and guidance to confirm which forms apply to your situation.

7. Recommended support

We recommend working with a Costa Rica-based accountant and/or tax lawyer for valuation methodology, correct coding (960113) and to confirm whether your entity needs only D-101 or also a D-195 for any given fiscal period.

Need assistance? Contact AG LEGAL for full support completing and submitting the Inactive Companies Statement (Form D-101) through ATV.


 

6 New Reasons to be a Resident in Costa Rica

Dec 25, 2022 | Financial Law, Inmigration Law, Taxes

Costa Rica is a small Central American country known for its beautiful beaches, biodiversity, and friendly locals. It is also a popular destination for tourists and expats alike, thanks to its low cost of living and high quality of life. With the approval of Law 9996, new incentives were created, which grant exceptional Costa Rica advantages never seen before. This article gives you an idea of how to get a Costa Rica residency and provides “6 new reasons to be a resident in Costa Rica“.

As general aspects first, the cost of living is much lower compared to many other countries, especially in terms of housing, food, and transportation. This means that you’ll be able to stretch your budget further and enjoy a more affordable lifestyle. Second, it has a strong healthcare system with private and public options. The country also has one of the highest living standards, clean water, reliable electricity, and a robust infrastructure. Third, it is known for its beautiful natural landscapes and eco-tourism opportunities. There is always something new to explore and appreciate, from the stunning beaches to the lush rainforests. Finally, becoming a resident allows you to immerse yourself in the culture and way of life fully. The locals are friendly and welcoming, and many ex-pat communities can help you transition.

Two new laws were recently approved to promote incentives to obtain your residency in Costa Rica, modify the pre-existing immigration law, and get a Costa Rica residency under particular conditions. Because of the interest of many people to come to live in Costa Rica, 6 new tax incentives and reduction of requirements were created for 3 categories of residents and thus promote foreign investment.

It is good to clarify that apart from this new Law and the advantages that we will comment on, a new law called the Law to Attract Remote Workers and Providers of International Services was also enacted, which promotes the entry of digital nomads into Costa Rica, that is, people who work remotely for companies that are located outside the country.

The tax advantages of Law 9996, which was created to ease the requirements to become Costa Rica, was recently approved by the Legislative Assembly and signed by the President of the Republic on July 14, 2021, giving a series of tax advantages for 10 years for those who want to be residents. In this beautiful country. This new Law, called the Law for the Attraction of Investors, Rentiers, and Pensioners, implements changes in 3 immigration categories: 1) Investor Resident, 2) Resident Rentier or Rentista 3) Resident Retired or Pensionado.

The advantages of new law 9996 are:

  1. For the Resident Investor category, the investment in the country is reduced to US $150,000 US dollars
  2. Exoneration of all import taxes one time on household items.
  3. Exemption of all import taxes for a single time of two vehicles, land, sea, or air. The residents in these categories can import vehicles of any brand, yachts, boats, helicopters, airplanes, or any other means of transport, totally exempt from taxes.
  4. Exemption from income tax on revenues in any of these migratory categories.
  5. Exoneration of 20% of the property transfer tax you acquire while the Law is in force and under any of the above immigration categories.
  6. Exemption from import taxes for instruments or materials for professional or scientific practice carried out by the person with the migratory category of investor, retired resident, or rentier resident.

On the other hand, it is good to clarify that these new benefits also extend to people who are dependents of the person applying for residency. Another important aspect is that the person who is residents a and wants to upgrade to an investor, rentier, or pensioner can do so without any problem and apply for the benefits of this Law.

To apply for the benefits of this new Law or get this special status for foreigners, you must apply within the first 5 years of the Law. The benefits of this unique opportunity will be up to 10 years from the moment the tax benefits are granted.

If you want to know the Law in detail, click on this link so that you can read it comprehensively.

Residency Requirements.

For any category, the Costa Rica residency requirements are:

  1. Passport-size photograph.
  2. Birth Certificate.
  3. Criminal History or Lack thereof.
  4. Fingerprints obtained at the police department in Costa Rica.
  5. Register with the Embassy or Consular department of your country in Costa Rica.
  6. Photocopy of your passport that shows the last entry.
  7. Payment of government fees.
  8. If you and your couple are applying for residency, you must provide the marriage certificate and proof of income.
  9. If you are applying for the Costa Rica residency by investment, you must provide proof of your investment of USD$150,000.
  10. If you are applying as a Rentista or Rentier on a fixed income, you will need to prove your monthly revenue of USD$2,500 per month or make a deposit of USD$60,000 in a Costa Rican Bank that will cover two years of revenue. This new category of rentista has recently been improved by the new Law 9996.
  11. If you are applying as a retired or pensionado resident, you must prove an income of USD$1,000 per month.
  12. To apply for any Costa Rican residency, all the documents shall be apostilled or duly authenticated by your country’s consulate.

All applications should take place once the foreigner becomes legal in the country; in other words, that visa has not expired.

Temporary Residency and Permanent Residency

Several types of residency status for foreigners are available in Costa Rica, including temporary and permanent residency. Temporary residency allows individuals to live in the country for a specific period, while permanent residence will enable individuals to live in Costa Rica indefinitely.

Visa Requisites

  1. Nationals from the United States, UK, or Canada citizens, among many others countries, do not require an entry visa to Costa Rica. However, you must have a valid passport and a return ticket to exit Costa Rica within 90 days. The passport must be valid for one day before you enter Costa Rica.
  2. To verify all entry requirements according to your nationality, please click on this link.
  3. If your nationality is not enlisted and you cannot enter without a visa, you will need to hire immigration lawyers to help you.
  4. In some cases, the visa must be applied before the Costa Rican consulate of the country where you live.

The Pura Vida Life

Are you considering a move to a tropical paradise? Look no further than Costa Rica, a small country in Central America known for its lush forests, stunning beaches, and laid-back way of life. Here, you’ll find a culture centered around the phrase “Pura Vida,” which means “pure life” in Spanish and expresses appreciation for the simple things in life.

But the Pura Vida lifestyle isn’t just about the great outdoors. Locals or Ticos are known for their laid-back attitude and appreciation for the simple things in life. Here, you’ll find a strong sense of community and a focus on family and friends. This country is also safe and stable, with a strong democracy and a low crime rate.

Becoming a resident is an excellent opportunity to enjoy a high quality of life at an affordable price; you’ll find a range of options for housing, from apartments in the city to sprawling mansions on the beach. As was said before, the cost of living is relatively low compared to other countries in the region, and the country’s healthcare system is top-notch. Living in paradise means embracing the Pura Vida way of life. It’s about enjoying the simple things in life, spending time with loved ones, and immersing yourself in the beauty of nature. Costa Rica is the perfect place to call home with its stunning natural beauty, warm climate, and laid-back culture.

If you’re considering moving, don’t hesitate to contact AG LEGAL, as reputable immigration lawyers compound many other specialties.

At AG LEGAL, we are more than eager for you to ask us for any details you want.

Reinstaling of dissolved companies

Aug 1, 2022 | Commercial Law, Taxes

🧾 Reinstating Dissolved Corporations in Costa Rica (Law 10255): Complete Legal Guide

On May 31, 2022, Costa Rica enacted Law No. 10255, published in the Official Gazette (La Gaceta No. 100), introducing a legal process for the reinstatement of dissolved corporations. The purpose is to reactivate commercial entities and stimulate the national economy by allowing previously dissolved companies to recover their legal status.

✅ Who Can Reapply for Reinstatement?

According to Law 10255, corporations that were dissolved under the following conditions are eligible to apply for reinstatement:

  • Dissolution due to non-payment of the Legal Entities Tax
  • Expiration of the company’s legal term as per Law No. 9428
  • Expiration defined in the company’s articles of incorporation (Article 201, Commercial Code)

The request must be submitted within three years from the official date of dissolution through the National Registry’s Department of Legal Entities.

📋 What Are the Requirements?

  • All outstanding taxes, penalties, interests, and legal obligations must be paid in full.
  • The request must be submitted by the corporation’s legal representative.
  • Corporations must also comply with Law No. 9416 (Anti-Tax Fraud Law), by submitting the Ultimate Beneficial Ownership Declaration within 2 months of reinstatement.

⚠️ How Does This Differ from the 2017 Reinstatement Law?

Unlike the 2017 reinstatement window, which required all tax arrears to be settled by December 15, 2017, Law 10255 does not impose a specific deadline for repayment. This makes reinstatement more flexible and accessible to a broader range of dissolved companies in Costa Rica.

Need Legal Assistance to Reinstate Your Corporation in Costa Rica?

Our legal experts at AG Legal can guide you through the reinstatement process, handle filings, settle outstanding taxes, and restore your legal status in full compliance with Costa Rican law.

Contact AG Legal Today

Law for the Attraction of Investors, Rentiers, and Retirees

Aug 8, 2021 | Inmigration Law, Taxes

ARTICLE 1- Object of the law

The purpose of this law is to create the regulatory framework to encourage the attraction of investors, rentiers, and retirees, thus protected by Law 8764, General Law of Migration and Foreigners, of August 19, 2009, to contribute to the Costa Rican economic reactivation in a post-Covid-19 pandemic period.

ARTICLE 2- Scope

This law will apply to all those people who are authorized to enter our country under the immigration categories of investors, retired residents, or rentier residents.

ARTICLE 3- Declaration of public interest

This law is of public interest for the development of the attraction of investors, rentiers, and retierres to the national territory. For its fulfillment, the institutions of the Public Administration may include economic contributions to support the fulfillment of its purposes through the ordinary and extraordinary budgets of the Republic.

ARTICLE 4- Rectory

The governing body of what is protected in this law in the matter of migration will be the General Directorate of Migration and Foreigners, a body attached to the Ministry of the Interior and Police. Concerning tax matters will be the Ministry of Finance.

ARTICLE 5- Incentives

The people covered by this law will enjoy the following incentives:

  1. a) Duty-free and all import taxes present only once, for the importation of household items. In the applications, they will be able to protect their dependents for immigration purposes. Household goods shall be understood as all new or used items of a reasonable nature and quantity and proportionally sufficient for the needs of the beneficiary of this law and the members of their immediate family nucleus, including, among others, home furnishings and electrical appliances. , home decor items, kitchen and bathroom utensils, bedding.

Suppose the beneficiary person transfers these assets within the validity period of the benefits granted by the provisions of the second paragraph of Article 12 of this law. In that case, they must pay the taxes from which they were exempted.

In highly qualified situations, where there is destruction or loss due to theft of household items, the beneficiary may acquire other assets for their replacement, also exempt from taxes. The regulation will develop the accreditation mechanisms of the circumstances in which these qualified exceptions proceed.

  1. b) Beneficiaries may import up to two land, air, and/or sea transportation vehicles for personal or family use, free of all import, tariff, and value-added taxes. In case of loss of the vehicle due to theft, destruction by fire, flood, collision, or accident occurring during the term of validity of the benefits granted following the provisions of the second paragraph of article 12 of this law, the owner may import another vehicle free of the indicated taxes.

The beneficiary of this law, who has imported a vehicle under the conditions indicated in the previous paragraph, may sell or transfer it to third parties, in which case the provisions of article 10 of Law 7088, Tax Adjustment and Resolution, will be applied. 18th CA Tariff and Customs Council, of November 30, 1987.

  1. c) The amounts declared as income to qualify for the benefits of this law will be exempt from income tax.

However, the income obtained in the national territory, resulting from the investments made in the country, will be taxed by income tax, according to what is provided in Law 7092, Income Tax Law, of April 21 1988.

  1. d) Twenty percent (20%) of the total transfer tax will be exonerated on real estate that they acquire within the term of this law, provided that the beneficiary is the registered owner of the asset.

If the beneficiary person transfers these assets within the term of this law, they must pay the taxes from which they were exempted.

  1. e) Exemption from import taxes for instruments or materials for professional or scientific practice, carried out by the person with the migratory category of investor, retired resident, or rentier resident. The person must demonstrate to the Ministry of Finance that what is imported corresponds to his economic activity and has criteria of proportionality and reasonableness.

ARTICLE 6- Tax residence

Foreign persons classified as investors, retired residents, or rentier residents, according to this law and who invest in Costa Rica, will not be automatically considered tax residents under Law 7092, Income Tax Law, of April 21, 1988, and its regulations, being subject to due diligence processes for the exchange of information with other jurisdictions under an international agreement, following article 106 quarter of the Code of Tax Standards and Procedures. The status of tax resident will be obtained only when the requirements of the final paragraph of Article 2 of Article 7092, Income Tax Law, of April 21, 1988, and Article 5 of the Income Tax Regulations are met.

ARTICLE 7- On the resignation or cancellation of the condition of investor, rentier resident, or retired resident

If the beneficiary person renounces his condition of “investor,” “pensioner resident,” or “rentier resident,” or if the General Directorate of Migration and Foreigners cancels his immigration status for having incurred In any of the cases contemplated in article 129 of Law 8764, General Law of Migration and Foreigners, of August 19, 2009, within the term of this law, you must pay the taxes from which it was exempted.

ARTICLE 8 Investors

For the category of investors, for the term established by this law, a new investment range is established, with a capital of not less than one hundred and fifty thousand US dollars (US $ 150,000.00), according to the official sale exchange rate. determined by the Central Bank of Costa Rica, whether in real estate, registrable assets, shares, securities, and productive projects or projects of national interest. In those cases where special laws regulate the investment, it will be analyzed individually.

In addition, beneficiary investors for this law may be considered those who invest in venture capital funds or sustainable tourism infrastructure projects.

ARTICLE 9- Processing

The Ministry of the Interior and Police, through the General Directorate of Migration and Immigration, in attention to the criteria for simplifying procedures, will have a specialized service window for the categories provided in the second article of this law, regulated in Law 8220, Protection of Citizens from Excess Requirements and Administrative Procedures, of March 4, 2002.

In addition to the requests dealt with directly at the window in question, the Ministry of Appointment may open a window under the same conditions of service at its different locations or dependencies.

ARTICLE 10- Falsification of documents

Whoever alters or falsifies documents to obtain any of the benefits provided in this law will be sanctioned with a fine equivalent to ten percent (10%) of the taxes that were exonerated. Additionally, you must proceed with the immediate payment of the full amount of the taxes that were exonerated. The foregoing is without prejudice to other administrative and criminal penalties that may apply.

The respective sanctioning procedure will be carried out by the General Directorate of Migration and Immigration, by the provisions of article 189 of Law 8764, General Law of Immigration and Immigration, of August 19, 2009. For its part, according to the provisions of this law, the Ministry of Finance will supervise and sanction following the corresponding legal framework.

ARTICLE 11- Regulations

The Executive Power will regulate this law within the sixty days following the date of its entry into force.

ARTICLE 12- Validity of the law

Investors, rentiers, or pensioners who opt for the benefits granted in Article 5 of this law may do so only during the first five years from its entry into force.

Investors, rentiers, or beneficiary pensioners who opted for said benefits during the first five years of the law’s validity will keep them for ten years from the date they were granted.

Governs from its publication.

Legal and Tax Implications for Inactive Companies In Costa Rica

Jan 19, 2021 | Commercial Law, Taxes

In past years it was very common to use inactive companies as a legal structure to protect assets. The foregoing, because it was a corporate figure that was exempt from certain tax requirements, unlike those that develop a commercial activity.

Because of the entry into force of the Law on Strengthening Public Finances (Ley de Fortalecimiento de las Finanzas Públicas) in 2018, the benefits of using an inactive company as a corporate vehicle for the protection of assets, undergoes a significant shift. The above, because it converts this type of companies into taxpayers and it forces them to comply with 5 tax requirements, which are the detailed as follows:

FILING OF D-140 FORM: Once an inactive company is dully incorporated before the Costa Rican National Registry, it must file before the Tax Authority an update of the information regarding its legal representative or representatives and its tax address. Additionally, the company must be registered under the economic activity of “Legal persons incorporated in the country that does not carry out economic activity of a Costa Rican source”, which is governed by code 960113. It is important to consider that in the event of non-compliance with this first post-incorporation requirement, the company is exposed to a sanction. Lastly, this requirement must be complied within the period of 10 business days from the incorporation of the company.

 

CORPORATE TAX: This is a tax must be paid annually, during the month of January of each year. The amount to be paid varies from year to year and can be paid from any digital platform of the banks registered in the national financial system. The amount to be paid varies depending on whether it is an inactive company or an active company.

EDUCATION AND CULTURE STAMP: This tax It is included with the legal expenses at the incorporation of the company. Subsequently, this tax must be paid annually between the months of February and March of each year. The net capital reported in the Income Tax return of the immediate prior fiscal year, is used as the basis for calculating such tax.

ULTIMATE BENEFICIARY OWNERSHIP DECLARATION (UBO): This declaration is filed annually during the month of April before the Central Bank of Costa Rica. The purpose of this declaration is to indicate who is the final beneficiary (physical person) who is owns company. The omission this requirement carries out several sanctions to the company, such as a pecuniary fine, the non-issuance of good standing certifications and the non-registration at the Costa Rican National Registry of documents in relation to the company.

INCOME TAX RETURN (FORM D-101): One of the most important modifications that are introduced with the aforementioned law, is the filing of the Income Tax Return, in which the capital stock, assets and liabilities of the inactive company must be stated. This declaration will be taken as the basis for the calculation of the Corporate Tax, Education and Culture Stamp and other future tax liabilities. The failure to submit this declaration form entails financial penalties and in the face of an audit by the Tax Authority, the company would be exposed to an additional penalty for the increase of the corporate assets without justification. This requirement must be submitted annually and expires on March 15.

In conclusion, with the introduction of these new tax requirements that all inactive companies must fulfill, this promotes to maintain the corporate information updated. The above, because these companies stopped being simple holders of assets and from now on, they are subjected to a meticulous tax inspection. Therefore, the only way to avoid this type of sanctions is to keep everything in order and in compliance as if the said company, would be developing a commercial activity like any company called “active”.

TAX OBLIGATIONS

INACTIVE COMPANIES

               DUE DATE

FILING OF D-140 FORM

10 business days from the incorporation of the company before the CR National Registry,

CORPORATE TAX

January 31st

EDUCATION AND CULTURE STAMP

From February to March
UBO

April 30th

INCOME TAX RETURN (FORM D-101)

March 15th

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Double Taxation

May 9, 2020 | Taxes

Today, commercial activity has become increasingly globalized, with many companies expanding their operations across international borders. When a company operates in multiple countries, a dilemma suddenly arises: where should its income be reported? Where should taxes be paid?

Every country has its own tax regulations, and, as per its sovereignty, a company may be required to pay taxes in the countries where it conducts its business.

It was in search of tax justice that the principle of double taxation was conceived and developed. This principle prohibits governments from taxing the same individual for the same concept or activity.

This predicament has led nations to establish various measures to avoid double taxation. Internal legislation has been enacted to regulate this issue, but faced with the impossibility of completely solving the problem, countries have resorted to international treaties in order to reach a more integral solution.

Costa Rica has joined this initiative and currently has signed treaties with Spain, United States and with some Central American countries.

The existence of these agreements in order to avoid double taxation is essential to promote foreign investment, as they provide legal security to investors and reduce taxation to such investments, and ultimately avoid for investors, disadvantageous scenarios for competitiveness.

Currently, the potential admission of Costa Rica to the Organization for Economic Cooperation and Development (OECD), will further impulse this initiative, since one of the objectives of the entry of Costa Rica to this organization is to improve the business climate within the country and ensure the security of the investments made in national territory.