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NEWS AND BULLETINS

KEY GUIDELINES FOR SUBMITTING THE MINING ANNEX

By Tobar ZVS en NATURAL RESOURCES, ENERGY AND INFRASTRUCTURE .

On February 20, 2025, the Internal Revenue Service (SRI) issued Resolution No. NAC-DGERCGC25-00000004, establishing the conditions for submitting the “Mining Annex.” Below are the most relevant aspects of its content:

 

  1. Obligated entities:

 

Natural or legal persons who:

 

  • Hold or co-hold mining concessions, commercialization licenses, or beneficiation plants.

  • Have signed operation or mandate contracts in accordance with the Small-Scale Mining and Artisanal Mining Regulations.

  • Engage in activities related to the exploration, exploitation, beneficiation, transportation, commercialization, or exportation of metallic or non-metallic minerals.

 

Holders of artisanal mining permits are exempt.

 

  1. Information to be reported:

Obligated entities must submit the following information, as applicable:

  • Identification of the reporting entity.

  • General information on mining concessions, commercialization licenses, beneficiation plants, and operation or mandate contracts.

  • Information on mineral production, purchases, sales, and exports.

  • Details of investments.

  • Property, plant, and equipment associated or not associated with mineral reserves.

  1. Submission deadlines:

The required information must be submitted through the SRI website on a semiannual basis. Submission deadlines will be determined according to the ninth digit of the Unique Taxpayer Registry (RUC), in September of the current year and March of the following year.

  1. Penalties:

 

Failure to submit the annex or providing incomplete information constitutes an administrative violation, which may result in a fine of up to USD 1,000.

 

  1. Compliance obligations:

 

  • By December 31, 2025, obligated entities must report the Mining Annex for the first and second semesters of the fiscal years 2022, 2023, and 2024.

  • By March 31, 2025, notarized copies of operation, mandate, and mineral sales contracts for the years 2022, 2023, and 2024 must be submitted online.

 

© TobarZVS 

This publication contains information of general interest and does not constitute legal opinion on specific issues. Any analysis will require legal advice from the Firm.

RELATED ARTICLES

UPDATE TO TAX COMPLIANCE REPORT ...

On June 4th, 2024, the INTERNAL REVENUE SERVICE issued the BULLETIN No. NAC-COM-24-029, which enabled the new version of the annex for the report of the Tax Compliance Report (ICT, in Spanish), for the 2023 tax year. The changes are as follows:

 

For the registration of the Tax Compliance Report it is included in Annex 2 the columns regarding the specific annual movements of the taxpayer:

 

A 2.

Opening Balance

Movement of the year (DEBIT)

Movement of the year (CREDIT)

Final Balance

 

Annex 9 also includes the following sections for the registration of the taxpayer:

 

A 9.

Calculation of the maximum deductible value of resources and/or donations for undergraduate and postgraduate studies related to Education Sciences, delivered to Higher Education Institutions

Calculation of the maximum deductible value of donations, investments and/or sponsorships to environmental programs

Cálculo del valor máximo de deducibilidad de gastos operaciones de regalías, servicios técnicos, administrativos y de consultoría con parte relacionadas

Calculation of the maximum deductible value for royalty, technical, administrative and consultancy operations with related parties

 

Companies that have the obligation to have External Audit must submit the Report and its annexes until July 2024 through the web portal www.sri.gob.ec, according to its ninth digit of their tax registration identification.

 

Ninth digit

Maximum due date

1

10 de julio

2

12 de julio

3

14 de julio

4

16 de julio

5

18 de julio

6

20 de julio

7

22 de julio

8

24 de julio

9

26 de julio

0

28 de julio

 

For more information, do not hesitate to contact our Tax Practice Partner, Iván García (igarcia@tzvs.ec).

 

© TobarZVS 

This publication contains information of general interest and does not constitute legal opinion on specific issues. Any analysis will require legal advice from the Firm.

By ZVS Tobar in TAX CONSULTANCY

THE IRS EXTENDED THE DEADLINE FOR THE TRANSMISSION OF ELECTRONI ...

On October 30th, 2024, the Internal Revenue Service through Resolution No. NAC-DGERCGC24-00000035, introduced amendments to the Resolution No. NAC-NDGERCGC18-00000233. This modification extends the deadline for transmitting electronic sales vouchers and temporarily increases the permissible percentage for issuing physical sales vouchers.

 

The primary provisions of the amended resolution are as follows:

 

  • Deadline for the transmission to the IRS: The amended resolution establishes that taxpayers could transmit electronic vouchers to the IRS “at the time of the electronic voucher generation, or within a maximum of four business days following the issuing date.”

 

  • Allowed percentage for issuing physical sales vouchers: In cases where taxpayers face circumstances of force majeure that prevent them from generating electronic sales vouchers, they could issue physical pre-printed. However, the issuance of these physical vouchers is restricted to no more than 5% of the total vouchers generated in the previous fiscal year.

 

© TobarZVS 

This publication contains information of general interest and does not constitute legal opinion on specific issues. Any analysis will require legal advice from the Firm.

By ZVS Tobar in NATURAL RESOURCES, ENERGY AND INFRASTRUCTURE

ADDITIONAL DEDUCTIONS FOR JOB CREATION KEY GUIDELINES ...

On December 13th, 2024, the Internal Revenue Service issued the Resolution No. NAC-DGERCGC24-00000040, which sets out the conditions for applying additional tax deductions related to hiring women and fostering a net increase in employment. Below are the key highlights:

 

  1. Additional Deduction Rates:

 

The resolution establishes the following additional deduction percentages based on the category of workers hired:

 

Additional Deduction Rate

Worker’s Status:

50%

• Young adults aged 18 to 29.

• Individuals obligated to pay child support.

• Individuals detained under precautionary measures without a final conviction.

75%

• Graduates or Alumni aged 18 to 29 from public universities, higher technical or technological institutions, pedagogical centers, arts, conservatories, or public/municipal/charter educational institutions.

• Individuals employed in the construction or agriculture sectors, regardless of age.

• Individuals who have served sentences of over one year or their spouses/common-law partners.

 

  1. Conditions for applying the benefits for creating a net increase in employment:

 

  • Net Job Creation: Employers must demonstrate a net increase in job positions by December 31 of each fiscal year.

  • Eligible Employees: Hired workers must meet all legal, regulatory, and resolution-specific requirements.

  • Employer Compliance: Employers must be current on their tax obligations with the IRS, Ecuadorian Social Security Institute (IESS), and Ministry of Labor.

  • Restrictions: The benefit is not applicable to workers previously employed by the same employer, relatives within the fourth degree of consanguinity or second degree of affinity, or those included in other job creation incentives within the last three fiscal years.

 

  1. Net Job Increase Calculation:

 

  • The net job increase is determined by comparing registered workers in the Ministry of Labor as of December 31 of the current year with the previous year.

  • For youth employment, focuses specifically on young workers hired during the fiscal year versus the previous fiscal year.

  • All contract types established under the Labor Law are considered for this calculation.

 

  1. Calculation of the Benefit Application:

 

  • Applies exclusively to wages subject to Social Security contribution.

  • Other social benefits or payments not taxable for Social Security are excluded from the calculation.

  • In the case of young workers whose Social Security contributions are covered by the State, the additional deduction may still apply.

 

  1. Duration of the benefit application:

 

  • Employers can apply the additional deduction for up to 12 months from the start of the employment relationship, covering the corresponding fiscal year of hiring  and the next, provided the contract remains active.

  • If the employment relationship ends before December 31, the benefit may still apply if the position is promptly filled by a qualified candidate.

 

  1. Application of the Benefit for Hiring Women:

 

  • Employers can claim an additional deduction of up to 140% for hiring women, provided they remain employed for the legally required period.

  • In case of termination, the benefit may still apply if the position is filled by another woman, with the benefit adjusted to the new contractual conditions.

 

© TobarZVS 

This publication contains information of general interest and does not constitute legal opinion on specific issues. Any analysis will require legal advice from the Firm.

By ZVS Tobar in TAX CONSULTANCY

REGULATORY UPDATE: AMENDMENT TO THE SELF-WITHHOLDING REGIME FOR ...

On January 30, 2025, the Internal Revenue Service issued the Resolution NAC-DGERCGC24-00000024, introducing amendments to the regulations governing the self-withholding of Income Tax for enitities classified as Large Taxpayers.

 

Notably, certain taxpayers have been excluded from this provision, while new self-withholding rates have been established for companies newly classified as Large Taxpayers for the 2025 fiscal year.

 

To determine whether your company is affected and to ensure compliance with the updated regulations, we encourage to review the full resolution here: https://www.sri.gob.ec/o/sri-portlet-biblioteca-alfresco-internet/descargar?id=ae710a02-aff1-457b-b30a-403b562ca526&nombre=NAC-DGERCGC25-00000003.pdf.

 

For further guidance, please feel free to contact our Tax Practice Partner, Iván García (igarcia@tzvs.ec).

 

© TobarZVS 

This publication contains information of general interest and does not constitute legal opinion on specific issues. Any analysis will require legal advice from the Firm.

By ZVS Tobar in TAX CONSULTANCY

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