New DGI sanctioning process.
Uncategorized

WE ATTACH THE NEW RESOLUTION RELEASED BY THE MINISTRY OF ECONOMY AND FINANCE OF THE GENERAL DIRECTORATE OF REVENUE.

RESOLUTION N°201-4983.

From June 2, 2023

“By which the procedure is established for the application of sanctions for formal infractions or contraventions related to the obligation to issue and demand or retain receipts for non-compliance the first time and for recidivism, stipulated in paragraph 3 of the Article 11 of Law No. 76 of 1976.”

THE GENERAL DIRECTOR OF REVENUES

CONSIDERING:

That Cabinet Decree No. 109 of May 7, 1970, establishes in its articles 5 and 6, that the general director of Revenue is responsible for the permanent adaptation and improvement of administrative procedures and empowers him to regulate relations formal contacts of taxpayers with the Treasury, in order to improve the service and make it easier for taxpayers to comply with their tax obligations.

That in Law No. 76 of December 22, 1976, modified by Law No. 256 of November 26, 2021, it establishes that the issuance of an invoice or equivalent document is mandatory to prove any operation related to the transfer, sale of goods and provision of services by persons residing in territory, regardless of the way in which the transfer, the sale of goods or provision of services, the form of payment, as well as the nationality of the parties, are perfected. perfected. It is also mandatory to document returns, discounts and, in general, all types of operations related to these people;

That, in paragraph 3, establishes the infractions or formal contraventions related to the obligation to issue and demand or retain receipts for non-compliance the first time and for recidivism will be classified as minor and serious, according to the provisions of this article.

Which constitute minor formal infractions related to the obligation to issue and demand receipts, for the first time:

a. Issuing tax invoices or receipts, vouchers or substitute documents without meeting the requirements and characteristics required by tax regulations, including the issuance of vouchers by mechanical means that are partially or totally illegible or by means of cash registers, electronic invoices or tax printers that do not meet the requirements. requirements demanded by the General Directorate of Revenue.

b. Failure to keep the tax invoices or receipts, vouchers or substitute documents issued by the taxpayer during the period required by the Law.

The sanction will consist of a fine of five hundred balboas (B/.500.00) to one thousand balboas (B/.1,000.00).

That constitute serious formal infractions or contraventions related to the obligation to issue and demand receipts, due to recidivism:

a. Do not issue or issue tax invoices or receipts, vouchers or substitute documents without meeting the requirements and characteristics required by tax regulations, including the issuance of vouchers by partially or totally illegible mechanical means or by means of cash registers, electronic invoices or tax printers that do not meet the requirements demanded by the General Directorate of Revenue.

b. Do not keep tax invoices or receipts, vouchers or substitute documents issued by the taxpayer during the period required by law.

The sanction will consist of a fine of five thousand balboas (B/.5,000.00) to ten thousand balboas.

(B/.10,000.00) and the temporary closure of the establishment in accordance with this paragraph, the first recidivism.

In case of second recidivism, the fine of ten thousand balboas (B/.10,000.00) to twenty-five thousand balboas (B/.25,000.00) and the temporary closure of the establishment in accordance with this paragraph.

In both cases, recidivism will be determined by the repetition of the behavior in a period of twenty-four months, counting from the first sanction.

That through Executive Decree No. 25 of June 27, 2022, which regulates articles 11 and 12 of Law No. 76 of 1976, in its article 9 establishes that the General Directorate of Revenue will apply the rules related to the process general administrative and those provided by the Seventh Book of the Tax Code in relation to the collection of credits arising from sanctioning processes. Furthermore, serious sanctions related to the temporary closure under no circumstances apply to establishments that correspond to the taxpayer’s place of domicile.

That, based on the aforementioned and with the purpose of generating greater transparency in the processes of monitoring tax compliance, it will be necessary to establish the procedure for the application of sanctions that entail the temporary closure of commercial establishments that fail to comply with the billing regulations of the aforementioned entities.

For the above reasons, the General Director of Revenue, using the powers conferred upon him by law;

RESOLVES:

FIRST. That in cases where the taxpayer repeats infractions or formal contraventions related to the obligation to issue and demand or keep receipts and other provisions, established in paragraph 3 of article 11 of Law No. 76 of December 22, 1976 and its modifications, the General Directorate of Revenue will issue a Resolution financially sanctioning the taxpayer based on the provisions of the Law and will order the immediate temporary closure of the commercial establishment(s) where the taxpayer incurred the formal infractions or contraventions.

SECOND. That for the purposes of the temporary closure of the commercial establishment(s), the officials of the General Directorate of Revenue will personally notify the taxpayer or the person in charge of the commercial establishment where services and/or products are provided, will proceed to close the establishment and the placement of a seal and/or tape at the entrances of said establishment, to ensure its inviolability.

THIRD. That without prejudice to the provisions of article 1238 and 1238 A of the Tax Code, the lifting of the temporary closure of the commercial establishment will occur once the taxpayer corrects the irregularities established in the Resolution where he is sanctioned and, in addition, makes the payment of the corresponding fines resulting from the infraction or formal contraventions found in the commercial establishment.

FORTH. That, in those cases where the General Directorate of Revenue orders the temporary closure of the commercial establishment(s) and the taxpayer continues to operate without prior lifting thereof, it will be understood as a second recidivism, established in paragraph 3 of article 11 of Law No. 76 of December 22, 1976 and its modifications, and will entail the respective sanction established in the Law.

FIFTH. This Resolution will come into force from the day following its promulgation in the Official Gazette.

LEGAL BASIS: Articles 1238 and 1238-A of the Tax Code; Law No. 76 of December 22, 1976; Law No. 256 of November 26, 2021; Executive Decree No. 25 of June 27, 2022; Cabinet Decree No. 109 of May 7, 1970.

PUBLISH AND COMPLY

Share:

Recent Articles

Blog
Autor:Diego Lacayo
The Importance of a Shareholders' Agreement It is vital for the success and stability of your company. Protect and manage your business effectively.
Blog
Autor:Rodrigo Vieto
Explore the benefits and requirements of the Panama Qualified Investor Visa, designed for foreign investors seeking opportunities in a growing country.