{"id":1979,"date":"2026-04-28T13:29:38","date_gmt":"2026-04-28T13:29:38","guid":{"rendered":"https:\/\/ics.cr\/?p=1979"},"modified":"2026-05-14T13:35:57","modified_gmt":"2026-05-14T13:35:57","slug":"an-inactive-company-does-not-mean-it-has-no-key-obligations-for-form-272-and-its-penalties","status":"publish","type":"post","link":"https:\/\/ics.cr\/en\/sociedad-inactiva-no-significa-sin-obligaciones-claves-del-formulario-272-y-sus-sanciones\/","title":{"rendered":"\u201cInactive\u201d company does not mean \u201cno obligations\u201d: keys to Form 272 and its penalties"},"content":{"rendered":"

A company may not have commercial activity and still own assets, manage accounts, incur expenses, or record liabilities.<\/p>\n

In practice, that reality is known as an inactive society: a legal entity that does not carry out profitable economic activity.<\/p>\n

But it still exists and maintains a legal and patrimonial life that must be reflected before the Tax Administration.<\/p>\n

With the Resolution MH-DGT-RES-0013-2025<\/em>, the Ministry of Finance updates the framework applicable to inactive legal entities and consolidates the use of Form 272, which replaces the declaration known by many taxpayers as D-195.<\/p>\n

Inactivity is not \u201cdisappearance\u201d: why the Tax Agency is putting a magnifying glass on it<\/h2>\n

In Costa Rica, it's common to have companies with no commercial activity for asset management reasons: to maintain registered property, protect assets, centralize ownership, or prepare for a future project.<\/p>\n

However, the fact that a company does not bill or generate revenue does not mean it lacks obligations.<\/p>\n

In fact, the most frequent mistake is assuming that \u201cif there are no earnings, there is nothing to declare.\u201d That idea is risky for two reasons.<\/p>\n

First, because the Tax Administration requires information for control and traceability purposes: a company may not have a profit-making activity, but it may have assets, bank accounts, liabilities, maintenance expenses, and financial transactions.<\/p>\n

Second, because today there is greater capacity for verification through data cross-referencing: patrimonial reality and ownership structure do not operate as a \u201csecret\u201d from the State, particularly when considering registry information and beneficial owner reports.<\/p>\n

What changed: from D-195 to Form 272 and the move to Tribu-CR<\/h2>\n

The most visible change for taxpayers is the transition to Form 272 (\u201cInformation Return of Inactive Legal Entities\u201d).<\/p>\n

It is important to understand that the axis is not just \u201ca new number,\u201d but a more structured approach to data recording and updating, and to how the declaration is presented.<\/p>\n

The resolution places emphasis on two prior duties that are often overlooked:<\/p>\n

    \n
  1. Data registration and updates: Even if the company is not engaged in profit-making activities, it must have updated registration and contact information (email, address, phone number, representation), which allows for formal interaction with the Tax Administration.<\/li>\n
  2. Regularization of pending periods: If the company has outstanding information return omissions from previous years, the current framework allows (and in practice requires) catching up, without waiting for the period to close again.<\/li>\n<\/ol>\n

    In summary: it's not just about presenting \u201cthis year's,\u201d but about reviewing if there are pending items and correcting them in a timely manner.<\/p>\n

    Key Dates: Fiscal Period and Filing Date<\/h2>\n

    The information return is annual. In general terms: The period corresponds to January 1st to December 31st. The submission deadline is April 30th of the following year.<\/p>\n

    Sanctions: The Real Cost of Omission or Misstatement<\/h2>\n

    The punitive aspect is likely the main reason why this matter should be approached with caution.<\/p>\n

    It's not just about \u201cchecking boxes,\u201d but about reducing exposure to sanctions and, above all, to verification processes that can become complex when reported information is inconsistent.<\/p>\n

    The sanctions applicable to these types of breaches are provided for in the Tax Code and Procedures Code (Tax Code).<\/p>\n

    In practical terms, the greatest risk appears in three scenarios: (1) when the legal entity does not register or does not keep its data updated in the Unique Tax Registry (RUT).<\/p>\n

    When the informational return is omitted for one or more periods. And when it is submitted, but with inaccurate or incomplete information.<\/p>\n

    This last case is usually the most delicate because it's not perceived as a simple delay, but rather as a statement that doesn't align with reality.<\/p>\n

    For example, reporting \u201czero\u201d when assets exist, omitting liabilities, not reflecting partner contributions or loans, or stating data that cannot be substantiated upon cross-referencing available information.<\/p>\n

    Filing (or not filing) an information return also has effects on the time limit for review. When a declaration exists, the control system usually operates under ordinary statute of limitations rules; conversely, omission can open the door to broader special deadlines.<\/p>\n

    Because, in tax matters, \u201cinactive\u201d does not mean \u201cwithout obligations\u201d: it means, rather, that the company must account for its financial situation and its formal compliance, especially in an environment of greater traceability and oversight.<\/p>\n

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