Newsletter Num. 1 - 2022

Newsletter Num. 1 - 2022

The objective of this Bulletin is to share with each of the companies the most relevant information on legal and tax matters on a fortnightly basis.

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Contacto local

Sergio García

Socio de Impuestos & Servicios Legales

KPMG in Costa Rica

Correo electrónico
Boletín informativo

Minimum wage fot the year 2022

Decree No. 43356-MTSS "Minimum Wages for the private sector" of the Ministry of Labor and Social Security, was published on December 23rd, 2021 in the Official Gazette No. 247, which became effective as of January 1st, 2022.

The National Salary Council agreed that the increase as of January 1st, 2022 will be 2.09%.

The calculations that will be updated with the new minimum wages will be:

  • Wage bill,
  • List of minimum wages by activity,
  • Independent worker quota,
  • Employer worker quota,
  • Real cost per employee,
  • Employee net income.

The Superior Council of the Judiciary Branch established the base salary in the sum of ₡462,200 for the year 2022, this base salary will serve as a parameter during 2022 for the determination of penalties established in the Penal Code, as well as other fines and taxes.

Expiration of the term for the payment of taxes on luxury homes

The corresponding deadline for the cancellation of the Solidarity Tax, popularly known as the Tax on Luxury Homes, expires on January 17th, 2022. This tax is levied on the value of real estate for residential use, used on a regular, occasional, or recreational basis, including fixed and permanent installations.

For the 2022 period, the amounts on which this tax applies are the following:

Amount

Applicable Porcentage

Over the excess of ¢ 137,000,000.00 and up to ¢ 335,000,000.00 0.25%

      0.25%

Over the excess of ¢335.000.000,00 and up to¢672.000.000,00

0.30%

Over the excess of ¢672.000.000,00 and up to ¢1.008.000.000,00

0.35%

Over the excess of¢1.008.000.000,00 and up to ¢1.345.000.000,00

0.40%

Over the excess ¢1.345.000.000,00 and up to ¢1.679.000.000,00

0.45%

Over the excess of ¢1.679.000.000,00 and up to ¢2.017.000.000,00

0.50%

Over the excess of ¢2.017.000.000,00

0.55%

Income tax Brackets Update

Through Executive Decree Number 43375-H published in the Official Gazette on December 22nd, 2021, the income tax sections referring to salary, profits and tax credits are updated; which began to apply from January 1st, 2022.

According to this information, the income rates established in Article 33 of Law number 7092 by means of an adjustment of two-point fifty percent, observing this update as follows:

Income Rates

Income of up to ¢ 863,000.00 per month.

     Exempt

On the excess of ¢ 863,000.00 per month; up to ¢ 1,267,000.00 per month.

10%

On the excess of ¢ 1,267,000.00 per month; up to ¢ 2,223,000.00  per month.

15%

On the excess of ¢ 2,223,000.00 per month; up to ¢ 4,445,000.00 per month.

20%

On the excess of ¢ 4,445,000.00 per month.

25%

 

Legal entities, whose gross income does not exceed the sum of ¢ 112,070,000.00 during the fiscal period:

Legal entities

On the first five million ¢ 5,286,000.00 of annual net income.

5%

Over the excess of ¢ 5,286,000.00 and up to ¢ 7,930,000.00 of annual net income.

10%

Over the excess of ¢ 7,930,000.00 and up to ¢ 10,573,000.00 of annual net income.

15%

Over the excess of ¢ 10,573,000.00 of annual net income.

20%

 

Finally, tax credits for individuals with profit-making activities will be applied in the manner set forth below:

Tax credits for individuals with profit-making activities

For each child

Nineteen thousand three hundred twenty  Costa Rican colones (¢ 19,320.00) annually.

Result of multiplying by twelve (12) the monthly amount contemplated in subsection i) of Article 34 of this Law.

For the spouse

Twenty-nine thousand one hundred sixty  Costa Rican colones (¢ 29,160.00) annually.

Result of multiplying by twelve (12) the monthly amount contemplated in subsection ii) of Article 34 of this Law.

 

Collection of tax from legal entities

The tax on legal persons is already in the collection period, which must be done until January 31st, 2022.

For the 2022 period, the amounts on which this tax applies are the following:

 

Percentage

Amount

Companies not taxpayers of income tax.

15% of the base salary

¢69.330,00

Companies registered in the Simplified Tax Regime (if they declared gross income less than 120 base salaries).

25% of the base salary

¢115.550,00

Companies with gross income greater than 120 base salaries but less than 280 base salaries.

30% of the base salary

¢138.660,00

Companies with gross income greater than 280 base salaries.

50% of the base salary

¢231.100,00

Update on Local Purchases Free Trade Zone Regime

On January 7th of the current year, through scope number 2 of the Official Gazette number 3, Executive Decree Number 43300-H-COMEX called “Modification to article 81 of the Regulation to the FTZSR was published.

According to this, the aforementioned article is amended, allowing both the exit procedures and the nationalization of the merchandise belonging to the Regime to be processed by the buyer of merchandise in the local market and the beneficiary of the free trade zone system.

In relation to the foregoing, it is established that the provisions in this decree do not modify the tax regime applicable to free zone companies that carry out local sales.

Additionally, the decree mentions that the computer system "Information Technology for Customs Control" ("TICA" by its initials in Spanish) must be parameterized taking into account its provisions.

These provisions take effect from the day of their publication.

Update of the Audit Manual of the Foreign Trade Promoter

Through the Official Gazette number 3, scope number 2, the update made to the "PROCOMER Audit Manual for companies benefiting from the Free Zones System" was published, which takes into account the reform approved in Session 391-2021 of the November 8th, 2021 from the Foreign Trade Ministry.

This manual defines the goal, legal basis and procedure to be developed through this procedure in order to verify compliance with those legal provisions that PROCOMER is responsible for controlling as an institution.

Additionally, it is mentioned that this manual presents some articles that will be applicable according to the classification granted to each one of the beneficiary companies of this regime, which must be duly attended by them.

© 2022 KPMG S.A., sociedad anónima costarricense y firma miembro de la organización mundial de KPMG de firmas miembros independientes afiliadas a KPMG International Limited, una compañía privada inglesa limitada por garantía. Todos los derechos reservados.
Para más detalles sobre la estructura de la organización global de KPMG, por favor visite https://home.kpmg/governance.

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