In Official Gazette Second Supplement No. 413 of October 10^th, 2023, was published the Resolution No. NAC-DGERCGC23-00000026, amended the Resolution No. DGERCGC20-00000061 through which the percentages of Value Added Tax (VAT) withholding are regulated.

Here is what you should know about the Resolution: 

• Entities and organizations of the Central and Decentralized Government, their decentralized units, public enterprises, universities, and polytechnic schools of the country will be considered VAT withholding agents.
  
  
• No VAT withholding shall be made to:

1. 1. Companies incorporated for the development of public projects under the public-private partnership modality, under certain conditions.
      
      
   2. Individuals and companies categorized as entrepreneurs within the Simplified Regime for Entrepreneurs and Popular Businesses (RIMPE) if the payment is made through credit cards, debit cards, electronic transfers, or any other electronic payment method, even when the payment is processed by a national financial institution, a credit or debit card issuing company, and/or a payment aggregator.

• Taxpayers considered habitual exporters of goods and/or services, who are classified by the IRS as withholding agents or special taxpayers, will retain 100% of VAT, even for those classified as special taxpayers or withholding agents, on all their acquisitions, except in the cases provided in the Resolution.

On January 10, 2023 the President of the Republic issued Executive Decree No. 644 through which the Value Added Tax (VAT) rate was reduced from 12% to 8% for the rendering of services associated with tourism activities in favor of individuals or corporations; the following is a detail of the services related to such activities:

• Lodging;
• Food and beverage services;
• Transportation, related to tourism activities;
• Intermediation, tourist services agency and congress and convention event organizers; and,
• Casinos, gaming halls (bingo-mechanical), racetracks and stable amusement parks.

The reduction will apply for the November holiday:

• From Thursday 02 to Sunday 05.

In the month of December, taxpayers must fulfill the following:

Tax Obligations:

• Declaration of Value Added Tax (VAT). (*)
• Declaration of Income Tax Withholding. (*)
• Declaration of Outflow Tax (ISD). (*)
• Declaration and Annex of Special Consumption Tax (ICE). (*)
• Annex International Currency Movement (MID). (*)
• Simplified Transactional Annex (ATS). (**)
• Annex to the Report on Operations and Financial Economic Transactions (ROTEF).
• Foreign Assets Tax Declaration.
• Commercial Registrar Annex (REM).
• Notary Annex (NOT).
• Property Registrar Annex (REP).

Notes:

(*) Special taxpayers must submit and pay their declarations by the 11th day of each month, while other taxpayers will follow the ninth digit of their Taxpayer Identification Number (RUC). If the submission date falls on mandatory rest days or holidays, it will be moved to the next working day.

(**) The maximum submission date will be the following month based on the ninth digit of the RUC as follows:

Corporate Obligations:

• Payment of the second installment of the annual contribution to the Superintendency of Companies, Securities, and Insurance.
• Submission of information to the administration by foreign companies, partners, or shareholders.

Laboral Obligations:

• Payment of the thirteenth salary.