3 December, 2019
As part of our commitment to keep you informed and updated on legal issues and national interest, we inform you that on November 25, through the publication in the Diario de Centroamérica of the respective ruling, the Constitutional Court decided to revoke the provisional suspension decreed of Article 30 “C” of the Tax Code, nullifying an action of unconstitutionality of a partial general law filed timely.
This contained the release of banking secrecy, a rule that was added through Decree 37-2016 called “Law for the Strengthening of Fiscal Transparency and the Governance of the Superintendency of Tax Administration –SAT-”, coming into force on the same day of your publication.
For practical purposes, taxpayers must understand that this tax provision is a verification and inspection tool, used exclusively by the SAT, within the scope of its powers, in order to be able to make accounting-financial information requirements, in power of third parties, and thus be able to determine, in those cases in which the Tax Administration exists “reasonable doubt” about the activities or operations of the taxpayers.
This tool also allows that, in the opinion of the tax administration, a more in-depth investigation process is warranted, and provided that said information is requested for tax purposes, including control and inspection actions, under the guarantee of confidentiality established in the Political Constitution. of the Republic. Which means that through this rule collection bases cannot be created, nor can the rights or legal positions of taxpayers be modified or affected.
Although it is important to mention that nowhere in the cited text is what should be understood as a reasonable doubt defined, which generates suspicion among some taxpayers about the type of transactions that could generate an inspection by SAT, and especially if it is taken Keep in mind that there is no obligation to inform the taxpayer about the ongoing investigation by the tax entity.
If any query arises or you want the information to be expanded, we remain at your service by email alopez@latinalliance.co.