Regulation of The VAT Law
Regulation of The VAT Law
Regulation of The VAT Law
CONSIDERING:
THEREFORE:
AGREE:
TITLE I
GENERAL RULES
CHAPTER I
GENERALITIES
Article 1. The purpose of this Regulation is to regulate the application of the
provisions of the Value Added Tax Law and, in accordance with article 239
of the Political Constitution of the Republic of Guatemala, matters relating
to the administrative collection of said tax and the procedures for its
collection. And control.
1. The Law : The Value Added Tax Law and its reforms.
TITLE II
TAX
CHAPTER I
APPLICATION OF THE GENERATING FACT
Any product that has undergone a process that extends its useful life will
not be considered perishable. In the case of destruction of non-
perishable goods, the corresponding invoice must be issued, for which no
tax credit will be recognized. For this purpose, the tax base may not be
less than the acquisition price or manufacturing cost of the goods.
2. For fortuitous cases or force majeure, the event that occurred must be
recorded in a notarial document.
Article 5 . According to article 3, paragraph 10 of the Law, real estate that has
been previously contributed to companies that are dedicated to real estate
development, will be subject to the Value Added Tax, and its tax base will
be the value indicated in the appraisal issued by an appraiser. authorized.
CHAPTER II
OF THE TAX PAYMENT DATE
The tax that is produced due to the provisions of the previous paragraphs
will generate the right to the tax credit for the beneficiaries of such
personal property, in accordance with the provisions of articles 15 and 16 of
the Law. On the contrary, recognition of tax credit will not apply in cases of
self-consumption. In all cases, the corresponding invoice must be issued
and the tax base may not be less than the acquisition price or
manufacturing cost of the goods.
In any sale or service in which all or part of the price is paid in installments,
it must be separately indicated how much corresponds to the price or value
of the contract and how much corresponds to agreed interest on the
balances to be collected.
When the seller does not indicate what installment or installments of the
price or value of the contract will be paid in installments, it must be stated
separately how much corresponds to the price or value of the contract and
how much corresponds to interest agreed on the balances to be collected.
When the seller does not indicate which installment or installments of the
installment price corresponds to adjustments or interest, it will be
presumed that each of the installments comprises part of the price and the
adjustments or interest will be proportional to such installment.
CHAPTER III
OF THE TAXABLE SUBJECT OF THE TAX
Article 8. For the purposes indicated in Article 5 of the Law, persons who buy
or sell goods or provide services, usually on behalf of third parties, are liable
for the tax for the amount of their commission or remuneration.
The persons on whose account the goods are bought or sold or the services
are provided are, for their part, subject to the tax, for the total that
corresponds to each operation.
CHAPTER IV
OF EXEMPTIONS
Article 10. For the purposes of paragraph 5, article 7, of the Law, the tax paid
by cooperatives in the purchase of goods or acquisition of services that are
intended exclusively for operations with their members, cooperatives,
federations, service centers and confederations of cooperatives, will be part
of the cost of acquiring them, as it is an exempt activity.
In operations with third parties, cooperatives must charge the tax on the
sales or provision of services they carry out with them. Consequently, in
accordance with article 16 of the Law, the tax they pay to their suppliers
must be distributed proportionally between the total sales and provision of
taxed services (with third parties) and exempt (with associates or others).
In the monthly declaration they must record, as a tax credit, only the
proportion that corresponds to the sales or provision of taxed services.
Article 11. In accordance with article 7, paragraph 12; and article 16 of the
Law, the tax paid on the acquisition of goods and services that are used in
the construction of homes or in the development of lots, the sale of which is
exempt from the tax, will form part of the cost of their acquisition.
Article 12. The persons referred to in article 8, paragraph 1, of the Law, who
also carry out activities subject to VAT, must register as taxpayers for these
activities and submit the declaration for sales or provision of taxed
services, referred to in the article. 40 of the Law, not including the exempt
operations of the educational center.
Article 14. The Tax Administration will create a document that identifies the
exempt person, which will be provided to the people established in article 8
of the Law, the purpose of this document is that they can identify
themselves to third parties as holders of the right of exemption, with the
purpose to improve and control the use of exemption certificates.
For the purposes of what is regulated in the previous paragraph, the Tax
Administration will establish the characteristics of the identification, as
well as the procedures, means and form for its preparation, delivery, use
and expiration of the same.
Article 15. The Tax Administration will establish the form, the procedures for
the preparation or issuance, registration, control and delivery of the
exemption certificates established in article 9 of the Law, which may be
prepared and issued on paper or by different means.
b) Transaction date;
g) Total price of the good or service. Said price must include the tax
that is the subject of the exemption;
Article 16. For the purposes of registering and controlling the exemption
certificates, the exempt persons established in article 8 of the Law must
submit a report to the Tax Administration, by electronic means or other
means established by the aforementioned institution, which must contain all
exempt operations and transactions for which exemption certificates have
been issued by computerized, electronic or paper means, detailing the
following:
d) In the event that the total amount of the invoice is greater than ten
thousand quetzales (Q. 10,000.00), must also detail the invoice number and
the description of the goods and services purchased.
CHAPTER V
OF THE TAX BASE
Article 17. For the purposes of the provisions of article 11, paragraph 1 and
article 12, paragraph 1, of the Law, the following items that have accrued in
the tax period are part of the tax base:
1. Readjustments of any type, agreed upon, either before, at the time of the
taxable transaction or after it.
3. Interest, including late payment, that accrues due to late payment of all
or part of the price.
For the purposes of the provisions of article 12, paragraph 3, of the Law, any
other sum charged by taxpayers to their purchasers that appears on the
invoices. An exception is made to the municipal tax for public lighting
service that is charged on electricity service bills, on behalf of the
municipalities, because the tax must be charged only on the bill that the
service provider issues to the corresponding municipality.
CHAPTER VI
OF THE FISCAL DEBIT
1. The total of taxed sales or services is divided by one point twelve (1.12)
to determine the tax base. This base is multiplied by zero point twelve
(0.12), thus obtaining the tax.
2. Small taxpayers will determine their tax debt according to the procedure
contained in the previous paragraph, except when they opt for the
quarterly fixed fee regime referred to in article 50 of the Law.
3. The fiscal debit for the period will be increased with the tax included in
the price established by the seller or service provider in the debit notes
referred to in article 29, subsection b) of the Law, issued within the same
period. tax.
Article 19. From the determined monthly tax debit, the tax corresponding to
the credit notes issued by:
1. The sums returned to the purchasers for goods returned by them; as well
as the values of canceled invoices corresponding to operations already
declared.
Article 20. Taxpayers who have improperly invoiced a tax debit greater than
the corresponding amount may correct this situation by issuing the
corresponding credit note, thus recording it in their accounting, within the
period established in the third paragraph of article 17 of the Law.
CHAPTER VII
OF TAX CREDIT
Article 21. For the purposes of article 16 of the Law, taxable acts or affected
operations will be understood as those included as a generating event in
article 3 of the Law.
Article 22. In accordance with the provisions of article 16 of the Law, the
Value Added Tax will not generate a tax credit, for the following:
1. Expenses for acquiring goods or services intended for the private use or
consumption of the owner, partners, directors, administrators, employees
or third parties.
2. Expenses for acquiring goods or services when they are not necessary in
the production process, marketing of the goods or the provision of
services to the taxpayer.
When the taxpayer records these expenses as costs, they will also be
considered inadmissible for the recognition of tax credit.
Article 23. In accordance with article 16 of the Law, taxpayers must show,
separately, the following in the declaration:
CHAPTER VIII
OF THE DETERMINATION OF TAX OBLIGATION
Article 24. The requests for refund of tax credit referred to in articles 23 and
23 "A" of the Law will be submitted in the application form authorized by the
Tax Administration, and the taxpayer must provide at least the information
requested therein.
In accordance with the provisions of literals a and c of the third paragraph
of article 23 “A” of the law, the taxpayer must accompany the refund
request, original and photocopy of the ten highest value invoices of each
monthly period that make up the amount for which you request a refund of
tax credit.
Likewise, and when the Tax Administration requires it, you must present the
following:
CHAPTER IX
FROM EXPORTERS
Article 26. For the purposes of incorporation into the Special Tax Credit
Refund Regime, exporters must submit an application using the
corresponding registration form that the Tax Administration provides. In
said form, to verify the percentage of their total annual sales attributable to
exports, in accordance with the provisions of paragraphs A) and B) of article
25 of the Law, they must enter, per month, the information corresponding to
local sales and export and the total of both, which they declared in the last
period of final annual settlement of the Income Tax.
To the forms indicated above, you must attach the following:
When the Tax Administration establishes that the Public Accountant and
Auditor has not complied with his tax obligations, it will proceed to
inactivate him from the registry of Public Accountants and Auditors of the
SAT.
The sworn statement indicated in literal b) of numeral 1 of article 24 “B” of
the Law must have been signed before a Notary.
Article 28. In accordance with the provisions of article 25, paragraph 2, of the
Law, taxpayers, in order to keep their registry updated, must present to the
Tax Administration the sworn declaration updating said registry.
In this declaration they will record the information on the sales declared
during the previous semester for which they received tax credit refunds
from the Bank of Guatemala, specifying: Local sales, export sales and the
total of both sales; and the amount of refunds received that they declared as
a tax debit in the period in which they received said refund.
When, due to the nature of their export activity, they did not carry out
exports in the immediately preceding semester, they will specify this in
their request, as a justification for not accompanying the detail referred to
in literal a) of the Law.
The payroll of those who maintain their status as registered within the
special refund regime will be transferred by the SAT to the Bank of
Guatemala within the first five (5) business days of the months of February
and August of each year. The omission of a taxpayer from said list will have
the effect of temporarily excluding them from the regime.
Article 29. For not covering the cost of administration and control, both the
Tax Administration and the Bank of Guatemala will refrain from processing
requests for tax credit refunds that are originally for amounts less than two
thousand quetzales (Q.2,000.00), so the Taxpayers must accumulate the tax
credits for subsequent months, until their request is for at least that
amount.
Notwithstanding what is stated in the previous paragraph, the refund of tax
credit by the Bank of Guatemala will proceed for amounts less than two
thousand quetzales (Q.2,000.00), when the original application has been
submitted for values greater than said amount and, therefore verification
reasons, adjustments to the tax credit have been determined that reduce
the requested amount.
TITLE III
FROM THE TAX ADMINISTRATION
CHAPTER I
OF TAXPAYER CONTROL
CHAPTER II
OF DOCUMENTS FOR SALES OR SERVICES
Article 31. The documents referred to in articles 29, 30 and 52 of the Law must
be issued, at least, in original and one copy. The original will be delivered to
the acquirer and the copy will remain in the possession of the issuer; except
in the case of the special invoice, in which the issuer will keep the original
and deliver the copy to the person who sold the good or provided the
service.
Article 32. In accordance with the provisions of article 29 of the Law, invoices,
debit notes and credit notes must contain at least the following
requirements:
4. Full names and surnames and commercial name of the issuing taxpayer,
if it is an individual; reason or company name and commercial name, if it
is a legal entity.
9. NIT of the acquirer. If the latter does not have it or does not provide it,
the words final consumer or the acronym C will be recorded. F.
10. Details of the sale, the service provided or the leases; and their
respective values.
9. NIT of the seller or service provider. If the person does not have a NIT,
the neighborhood ID number will be recorded.
10. Address of the seller or service provider, to whom the special invoice is
issued.
11. Detail of the sale, provision of service or leases and their respective
values.
5. Service description.
2. Full names and surnames and commercial name of the issuing taxpayer,
if it is an individual; reason or company name and commercial name, if it
is a legal entity.
9. Tax Identification Number of the acquirer. If the latter does not have it
or does not inform the issuer, the words final consumer or the initials CF
will be entered. In these cases, both the name of the acquiring person
and the NIT registration must be written manually in the original
document, under the responsibility of the issuer.
10. Detail of the sale or service provided and their respective values.
11. The total price of the transaction including tax, as well as the indication
of discounts applied.
Each operation will be printed on internal audit tapes of the authorized cash
register or machine, constituting a duplicate of the issued document; tapes
that the issuing taxpayer must keep for the limitation period established by
the Tax Code, except when any act has occurred that interrupts the
prescription of the tax obligation, in which case the period will be computed
again, so that the Tax Administration can exercise its supervisory action.
When the Tax Administration has authorized keeping duplicate invoices in
electronic files, the taxpayer must keep them for the period indicated in the
previous paragraph.
The Tax Administration may authorize the use of machines or cash registers
that will be used by the issuing taxpayer in temporary or mobile locations
such as fairs, public events of any kind or in means of transportation, for
which the interested party must expressly indicate in their respective
request. of authorization, the particularities of the taxed operations that will
be carried out.
The taxpayer, based on the resolution that authorizes the use of the
integrated computerized accounting system to issue invoices, debit notes
and credit notes, must request authorization to issue the aforementioned
documents for each business, commercial establishment or in mobile form.
The Tax Administration may previously authorize the Software and the
equipment distributed by their suppliers. The supplier must inform the Tax
Administration about the sale of said systems in the forms authorized by it.
In such case, the acquirers will only require authorization for the issuance
of the respective documents.
CHAPTER III
OF BOOKS AND RECORDS
2. NIT and full name of the seller or service provider, in the case of special
invoices.
3. If the seller does not have a NIT, the neighborhood ID number will be
entered.
4. Net price (not including tax), according to the separation made of the
purchases and imports of goods and the acquisition of services
according to each of the sales activities carried out.
At the end of each monthly period, they must make a summary in the book
of purchases and services received, separating the purchases and imports
of goods and acquisition of services that correspond to local sales
operations, export operations and exempt persons.
Article 39. In the sales and services provided book, the following data must be
recorded, in chronological order and at least:
1. Series, number and date of the invoice, debit note, credit note,
supporting the sales made and the services provided.
4. Net price (not including tax) of sales of goods and services provided.
If the taxpayer consolidates his daily sales, he must use a line for each type
of document, indicating the first number and series, if any, and the last of
the type of issued document in question, in which case it is not necessary to
complete the numeral. 2 above.
Article 40. The information recorded in the books of purchases and services
received and sales and services provided will be the basis for preparing the
corresponding declaration.
CHAPTER IV
OF THE DECLARATION AND PAYMENT OF THE TAX
Article 41. In accordance with articles 40 and 41 of the Law, it will be paid in
cash, by debit or check from the taxpayer's bank account or other means
that, in accordance with its powers, the Tax Administration authorizes,
within the calendar month following each payment period. imposition, using
the form provided.
Article 42. In accordance with article 45 of the Law, the tax determined by
small taxpayers in each monthly period will be paid per calendar quarter in
arrears and within the first ten (10) business days of the months of January,
April, July and October of each year, in the form provided by the Tax
Administration.
Payment can be made in cash, by debit or check from the taxpayer's bank
account.
Article 43. In accordance with article 56 of the law, the Notary will record in
the public deed that contains the sale of real estate the Tax Identification
Number of the contracting parties, and will identify the means of payment
that was used in the contract referred to in the law. writing. For the
provisions of article 57 of the law, the purchaser of the property must pay
the Value Added Tax, in the form provided by the Tax Administration.
CHAPTER V
OF THE CESSATION OF ACTIVITIES
Article 44. For the purposes of article 43 of the Law, taxpayers who are
required to keep accounting in accordance with the Commercial Code, must
present to the Tax Administration a closing balance, whether definitive or
temporary suspension, as the case may be, of the activities of the business
or establishment in question.
Likewise, the taxpayer must present to the Tax Administration all invoices,
special invoices, debit notes, credit notes and exemption certificates, when
applicable, that have not been used and that are authorized by it,
proceeding to destroy the documents at the time of presentation, duly
cancelled.
Once destroyed, the taxpayer will record the fact under signature on the
form that will be delivered to him by the Tax Administration, which will
include the documents, their numbering and series, as well as the amount
that was destroyed, being his responsibility to use some document
indicated to have been destroyed.
CHAPTER VI
OF THE SIMPLIFIED TAXATION REGIME
FOR SMALL TAXPAYERS
2. For the proper control of sales or the provision of services with values of
twenty-five quetzales (Q.25.00) or less, for which no invoice has been
issued, an invoice will be issued daily consolidating the total amount of
such sales, of which they must keep in your possession both the original
and its copies. Such sales or services will be subject to the Value Added
Tax, so they will form part, in any case, of your tax liability, except in
the case of the taxpayers referred to in article 50 of the Law, for whom
the amount of The invoices constitute the basis for the payment of the
tax. When an invoice is issued for the day's transactions, the name will
be entered as “Various Clients”, and as the NIT: the initials C. F.".
3. Keep a book to record your purchases and sales daily. This book must
be previously authorized by the Tax Administration and contain at least:
ii. The NIT and the name of the seller or service provider. In the case
of special invoices, if the seller does not have a NIT, the
neighborhood ID number will be entered.
i. Number and date of the invoice, debit note or credit note issued.
If the taxpayer consolidates his daily sales, he must use a line for each type
of document, recording the first authorized number and series, if available,
and the last number and series of the type of document in question. In these
cases it is not necessary to complete section b), ii), above.
TITLE IV
OF THE TRANSITIONAL, REPEALING AND VALIDITY PROVISIONS
ARTICLE 46. Transient. In the case of taxpayers who are dedicated to the
export referred to in Article 16 of the Law, the compensation of VAT
withholdings made with their tax credit subject to refund will proceed,
starting from the VAT tax period in which the validity of Decree 20-2006 of
the Congress of the Republic.
ARTICLE 47. Government Agreement No. is repealed. 311-97 and its reforms.
ARTICLE 48. This Agreement will come into force on August 1, two thousand
six and must be published in the Diario de Centro América.
COMMUNICATE,
OSCAR BERGER
(E-678-2006)-July 31