12 February 2016 Global Tax Alert News from Americas Tax Center Guatemala’s tax credits for VAT generated in 2012 expire in 2016 EY Global Tax Alert Library The EY Americas Tax Center brings together the experience and perspectives of over 10,000 tax professionals across the region to help clients address administrative, legislative and regulatory opportunities and challenges in the 33 countries that comprise the Americas region of the global EY organization. Copy into your web browser: http://www.ey.com/US/en/Services/ Tax/Americas-Tax-Center---borderlessclient-service Exporters and taxpayers selling goods and services to tax-exempt entities should review their tax credits for value-added tax (VAT) generated in 2012 in Guatemala because, under Decree No. 4-2012, those credits will expire in 2016. Background Exporters and taxpayers selling goods and services to tax-exempt entities may request a reimbursement in cash of the tax credits for VAT directly related to those activities on a monthly, quarterly or semi-annual basis, depending on the elected regime, from the Tax Authorities. On 26 January 2012, Guatemala enacted Decree No. 4-2012, which modified Section 47 of the Tax Code to limit the right to request the reimbursement to four years, beginning on the date on which the taxpayer is entitled to request the reimbursement for the first time. The Decree does not limit the right of taxpayers to offset tax debits generated by local operations with tax credits for VAT that were not requested for the first time in four years and accumulated. Therefore, such credit may be carried over in the monthly VAT reports until it is depleted. 2 Global Tax Alert Americas Tax Center For additional information with respect to this Alert, please contact the following: Ernst & Young, S.A., Guatemala City • Manuel Ramirez • Eduardo Rubin +502 2386 2407 +502 2386 2428 Ernst & Young, S.A., San José, Costa Rica • Rafael Sayagués • Alexandre Barbellion +506 2208 9880 +506 2208 9841 Ernst & Young Limited Corp., Panama City • Luis Eduardo Ocando • María Carolina Sánchez • María José Luna +507 208 0144 +507 208 0190 +507 208 0147 manuel.ramirez@cr.ey.com eduardo.rubin@gt.ey.com rafael.sayagues@cr.ey.com alexandre.barbellion@cr.ey.com luis.ocando@pa.ey.com maria.carolina.sanchez@pa.ey.com maria.luna@pa.ey.com Ernst & Young LLP, Latin American Business Center, New York • Ana Mingramm • Enrique Perez Grovas • Pablo Wejcman +1 212 773 9190 +1 212 773 1594 +1 212 773 5129 Ernst & Young LLP, Latin American Business Center, London • Jose Padilla +44 20 7760 9253 ana.mingramm@ey.com enrique.perezgrovas@ey.com pablo.wejcman@ey.com jpadilla@uk.ey.com EY | Assurance | Tax | Transactions | Advisory About EY EY is a global leader in assurance, tax, transaction and advisory services. The insights and quality services we deliver help build trust and confidence in the capital markets and in economies the world over. We develop outstanding leaders who team to deliver on our promises to all of our stakeholders. In so doing, we play a critical role in building a better working world for our people, for our clients and for our communities. EY refers to the global organization, and may refer to one or more, of the member firms of Ernst & Young Global Limited, each of which is a separate legal entity. Ernst & Young Global Limited, a UK company limited by guarantee, does not provide services to clients. For more information about our organization, please visit ey.com. Americas Tax Center © 2016 EYGM Limited. All Rights Reserved. EYG no. CM6240 1508-1600216 NY ED None This material has been prepared for general informational purposes only and is not intended to be relied upon as accounting, tax, or other professional advice. Please refer to your advisors for specific advice. ey.com