Costa Rica’s tax authority, Ministerio de Hacienda, has once again extended the due date for the first filing of the Informative Declaration of Inactive Companies in Costa Rica. The revised due date of April 30, 2023 was published on November 9, 2022 in La Gaceta number 214, the resolution DGT-R-033-2022.

This is the third extension of the filing deadline. We informed Howler readers in a previous article when it was extended to March 15, 2022. Then it was rescheduled to November 15, 2022, and now it will be April 2023.

Taxpayers will not incur any penalty or sanction as long as they comply with the submission of the declaration for inactive corporations on or before April 30, 2023. This can be done using the tax form D-101, Sworn Income Tax Declaration, or the specific tax form to be released for the informative report of these taxpayers.

The tax forms will be available for companies and corporations registered in the Single Tax Registry (RUT) with the activity code “960113,“ which stands for “inactive company.”

To update the “RUT,” you must file form D-140 “Declaración de Inscripción en el Registro Único Tributario” via the Virtual Tax Administration (ATV), available on the website www.hacienda.go.cr or https://atv.hacienda.go.cr/ATV/login.aspx. This form covers information such as legal representative’s name, legal domicile, contact information, etc.

An inactive corporation, with code “960113,” is “… those companies – legal entities – incorporated in the country that do not have lucrative nor income-producing activity of a Costa Rican source.” That is incorporated to register assets in its names, such as vehicles or properties, and does not carry out any economic activity nor generate income. 

Also, please consider that you must hire a CR accountant to submit the filing, as the balance sheet and corporate accounting records are mandatory. Your accountant or authorized person will access the ATV tax site for online tax submission — to file the forms on behalf of your corporation.

The corporate books shall be updated with the same information declared on the tax forms to reflect all agreements related to the corporation balance, assets, liabilities, and equity value.

Non-compliance with this legal requirement will carry heavy fines and penalties.

We at GM Attorneys will be pleased to help you with your legal matters in Costa Rica! Please feel free to contact us at info@gmattorneyscr.com or visit our blog section at https://www.gmattorneyscr.com/gm_website/html/blog.php