15 January 2014
Global Tax Alert
News from Americas Tax Center
Guatemalan Congress approves
amendments to tax laws
EY Americas Tax Center
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On 20 December 2013, through a publication in the Official Gazette, Guatemala
approved Decree No. 19-2013 (the Decree), which contains a series of amendments
to the tax laws.
The Decree amends the provisions on infractions sanctioned with temporary closure
and recovery of net and collectable debt receivables under Chapter I – Amendments
to Tax Code, Decree No. 6-91. The Decree also modifies the following provisions of
Chapter II – Amendments to Tax Law Update, Decree No. 10-2012:
• Capital income and capital gains
• Presumption of profit
• Capital incomes excluded from tax base
• Presumed income for professionals
• Gross income
• Deductible and non-deductible costs and expenses
• Construction and similar activities, buy/sell real estate, land special treatment for
common areas and services in real estate projects
• Quarterly payments
• Simplified regime over income, form of payment, obligation to withhold, monthly
sworn statement
• Capital income, capital gains and losses
Additionally, the decree modified the exempt acts and contracts provisions contained
in Chapter III - Stamp Tax and Stamp Paper for Protocols Law, Decree No. 37-92.
The decree made changes to Chapter IV - Final, transitional and repeal provisions.
According to Section 30 of the decree, its provisions are effective as of the day
following its publication (i.e., 21 December 2013).
The Executive Branch shall amend the regulations to adjust them to the Decree´s
provisions within 90 days following its effective date.
For additional information with respect to this Alert, please contact the following:
Ernst & Young, S.A., Guatemala City
• Francisco Mejía
+502 2386 2409
francisco.mejia@gt.ey.com
Ernst & Young, S.A., San José, Costa Rica
• Alexandre Barbellion
+506 2208 9800
• Rafael Sayagues
+506 2208 9880
alexandre.barbellion@cr.ey.com
rafael.sayagues@cr.ey.com
Co-Directors of EY Americas Tax Center
•
•
Global Tax, Eric Solomon, Washington, DC
Global Tax, Michael Mundaca, Washington, DC
EY Americas Tax Center
2
•
America’s Tax Center Chief Operating Officer
Declan Gavin, Washington, DC
•
ATC - Tax Effective Supply Chain Management (TESCM)
Lisa Lim, New York
•
ATC - Customs
William Methenitis, Dallas
•
ATC - Tax Performance Advisory (TPA)
Gary Paice, Chicago
•
ATC - Global Compliance and Reporting (GCR)
Ken Brown, Dallas
•
ATC - Tax Policy
Michael Mundaca (interim), Washington, DC
•
ATC - Global Tax Desks
Gerrit Groen, New York
•
ATC - Value Added Tax (VAT)
Jean-Hugues Chabot, Montreal, Canada
•
ATC - Tax Controversy
Rob Hanson (interim), Washington, DC
•
ATC - Insurance
Terry Jacobs, Washington, DC
Global Tax Alert Americas Tax Center
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