No menu items!

COSTA RICA'S LEADING ENGLISH LANGUAGE NEWSPAPER

HomeArchiveWho has to pay the new corporate tax?

Who has to pay the new corporate tax?

On April 1, Law No. 9024, “Tax on Corporations,” will enter into force. Although the law levies a new tax on Costa Rican corporations, it allows U.S. citizens (as well as any other individual) to resign their current positions in Costa Rican companies that could be affected by the Foreign Account Tax Compliance Act (FATCA) and other related provisions. 

Law No. 9024 establishes a tax on all commercial corporations, branches or representatives of foreign corporations and sole proprietorships that are registered or will be registered with the National Registry. 

The corporate tax year runs from Jan. 1 to Dec. 31 of each year, and the new tax must be paid within the first 30 calendar days after Jan. 1 of each year; however, for 2012, the deadline is April 30.

The tax rate varies depending on whether taxpayers are active entities or not. Accordingly, taxpayers that do not conduct commercial activities and are inactive will pay a sum equivalent to 25 percent of a monthly base salary, while all those that are active should pay an equivalent of 50 percent of a monthly base salary. 

For the 2012 fiscal period, the tax will be paid proportionally (over a nine-month period); therefore, the amounts payable will be 135,225 ($264) for active corporations and 67,613 ($132) for inactive corporations (the “inactive” status is under analysis by the Tax Administration and new regulations are expected).

On the other hand, corporations, branches, representatives or sole proprietorships that will be registered in the future must pay the tax at the time of filing the articles of incorporation at the National Registry.

Corporations, subsidiaries, representatives of foreign corporations, and sole proprietorships that dissolve before July 1 do not have to pay the tax. 

Also, legal representatives of corporations will be jointly liable for non-payment, but have one year to resign their positions at the National Registry.

How is Law No. 9024 related to FATCA and other provisions? Readers may recall that on March 18, 2010, U.S. President Barack Obama signed FATCA into law, requiring foreign financial institutions (FFIs) and non-financial foreign entities (NFFE, or any non-U.S. entity that is not a financial institution) to report information to the Internal Revenue Service regarding ownership or participation by U.S. citizens of bank accounts and corporations. That regulation will apply regardless of whether U.S. persons hold assets in U.S. or non-U.S. securities, or via entities in which they have a direct or indirect holding.

FFIs or NFFEs that fail to disclose this information will be subject to a 30 percent withholding tax imposed on payments (including interest, dividends, rents, salaries, wages or other periodic gains and income, as well as gross proceeds) derived from sources within the U.S., to uncooperative institutions and customers. 

Other related regulations require the reporting of entities in which U.S. taxpayers are directors, representatives, or hold similar positions.

As mentioned above, U.S. taxpayers may take advantage of regulations contained in Law No. 9024 in order to resign their positions as representatives of Costa Rican companies. Moreover, in order to avoid tax contingencies derived from the obligations imposed by FATCA and related laws in the U.S., as well as Law No. 9024, it is strongly advisable for U.S. citizens to revise their participation and ownership in such entities and bank accounts.

–Alonso Arroyo & Sophia Murillo

 Alonso Arroyo is a partner at BLP Abogados and leads the firm’s tax practice division. Sophia Murillo is an associate of tax practice at BLP Abogados.

See more at www.blpabogados.com.

Trending Now

Costa Rica Bill Could Make Some Small Loans More Expensive

A government-backed bill moving through Costa Rica’s Legislative Assembly could make some small consumer loans more expensive by shifting them into a category that...

Rodrigo Chaves to Coordinate Next Phase of Limón Marina Project

Former President Rodrigo Chaves will coordinate the government team assigned to push forward the planned Marina and Cruise Terminal of Limón, moving the nearly...

Costa Rica Study Finds Rare Red Spiny Lobster Population Hidden for 40 Years

Divers and fishermen have long called spiny lobsters "bugs," a nod to their long antennae and armored, insect like build. For more than four...

Spain Knocks Out Portugal With Late World Cup Winner

Spain waited until stoppage time to break Portugal, then walked out of Dallas with a 1-0 win, a place in the World Cup quarterfinals,...

Colombia Moves Into World Cup Last 16 With Tight Win Over Ghana

Colombia kept South America’s World Cup charge moving late Friday night, beating Ghana 1-0 to claim the final place in the Round of 16...

Venezuelan Police Officers Arrested for Stealing After Deadly Earthquakes

Four Venezuelan investigative police officers have been arrested and removed from their posts after allegedly stealing money found among the rubble in La Guaira,...

Costa Rica Airport Now Selling Fast Track Access

International travelers using Juan Santamaría International Airport now have a paid option to move through some of the terminal’s busiest checkpoints more quickly. Airport...

Costa Rican Rescue Teams Return Home After Venezuela Earthquake Mission

Costa Rican firefighters returned home Sunday after completing a humanitarian rescue mission in Venezuela, where they helped emergency crews respond to damage caused by...

Migrant Dollars Still Flowing Into Central America Despite New Fee

Remittances to Central America are still climbing in 2026, led by Guatemala, Honduras and El Salvador, even as a new U.S. tax on some...
Avatar
🌴 The Weekly Pura Vida

Costa Rica, Once a Week

The week's top stories, weather & insider tips — delivered every Sunday. One email, zero clutter.

🔒 Free. No spam. Unsubscribe anytime.

Loading…

Latest News from Costa Rica

Costa Rica Coffee Maker Chorreador
Costa Rica Car Rentals
Costa Rica Travel Insurance
Costa Rica Travel