- This obligation applies to those large national taxpayers that file "at zero" or report losses in the determination of their income tax.
- Compliance with this formality is required starting with the income tax return for the 2023 tax period.
Today, February 15, 2024, Resolution No. MHDGT-RES-002-2024 of 13:00 hours of February 7, 2024, entitled "Modifications and Additions to Resolution DGT-R-046-2014 of 08:00 hours of October 31, 2014, regarding the obligation of Large National Taxpayers to submit Financial Statements audited by a Certified Public Accountant" was published in the official gazette La Gaceta N°29.
The purpose of the resolution is to establish a new tax duty for those companies classified as large national taxpayers to submit their financial statements audited by a Certified Public Accountant without prior requirement of the Tax Administration, when they file their income tax return with a quota of
taxable income equal to zero, or when they declare a negative taxable income.
Taxpayers who meet the requirements to be considered obliged to comply with this formality must do so within 3 months following the end of the corresponding tax period. This term may be extended with the prior authorization of the Tax Administration, and only in cases of unforeseen circumstances or force majeure.
In accordance with the transitory rule of the resolution, compliance with the formal obligation without prior request from the Tax Administration is effective as of the declaration of the tax on profits for the fiscal period 2023. On this occasion, large national taxpayers that meet the requirements to be considered obligated must comply with this formality within the 3 months following the expiration of the deadline for submitting its D-101 for fiscal year 2023.
It is important to note that the resolution maintains the obligation to submit audited financial statements at the prior request of the Tax Administration during its tax control actions in companies classified as large national taxpayers or subjects exempt from income tax.
Failure to comply with the duty to provide information could lead to the initiation of sanctioning procedures in accordance with Article 83 of the Code of Standards and Codes of Conduct.