The notifications of not having declared the income tax for 2021 arrived a few days before the end of 2022 and took those who had done so by surprise through form 107 used by workers in a dependency relationship.
Patricia did not present expenses and it is the company where she works that makes the declaration in those cases. Confident that every year she does not have to carry out any paperwork, it caught her attention that this time she received a notification by email in which the Internal Revenue Service (SRI) informed her “that, after reviewing the information contained in the database, institutional data, has verified that you have not submitted the Income Tax return for the 2021 fiscal period, an obligation that should have been satisfied until March of this year, according to the ninth digit of your RUC… ” .
What happened? Although his income obtained in the year for his salary was recorded on form 107, the return generated by his savings account was not declared. And that information is recorded in the SRI and the taxpayer must declare it. It is not a new provision, but only now is it known by taxpayers who have received the notification.
Who could pay less income tax in 2023?
The same happened to Guillermo, who was also requested by the SRI to immediately comply with the obligation to declare and pay through Online Services, on the institutional website: www.sri.gob.ec, section: “Declarations / Tax declaration / Preparation and sending of declarations / Individual Income Tax Form”. This is stated in the notification that he received by email from him on December 21.
In both cases, the interest earned does not even reach a dollar, the declaration is made on form 102 and should not entail an additional tax payment, although the delay in the declaration generates a fine. Patricia already completed this procedure and the system calculated a tax of zero and a fine of one cent on the dollar.
Form 107 is the proof of income tax withholdings for income from work in a dependency relationship, while form 102 is for the declaration of income tax for natural persons and it reports the income from free professional practice, rental of real estate, agricultural income, royalties, financial returns, other local or foreign income.
For tax purposes, financial income is interest, and includes credit income of any nature, with or without a clause for participation in the debtor’s benefits, such as: income from bonds and obligations, income from deposit operations and investment in fixed income, including capital gains originated by discounts or premiums in this type of operation. It also includes any cost or expense that is economically equivalent to interest in connection with obtaining financing from third parties, such as returns generated on convertible bonds or zero coupon bonds, among others. This is explained by the regulations for the application of the Internal Tax Regime Law.
Spending less on telephony, clothing and education, and paying a thirteenth monthly salary is intended to cover the increase in income tax
This regulation also indicates that workers who receive income only as a dependency relationship with a single employer, who do not use the reduction for personal expenses, or who, if they use said reduction, do not have values to settle for the withholdings made by your employer when there was a valuation of those personal expenses. For these workers, the withholding vouchers delivered by the employer will be included in the tax return, cite article 82.
“If I work in a dependency relationship and my employer retains me and I do not have another type of income, then it is appropriate that I be exempted from the obligation to present the declaration because the form 107 that the employer gives me stating how much he deducted from me income tax is enough, it is equivalent to the declaration, but if apart from that income I have any other income, I have interest, dividends, commercial activities, I am a university professor, I issue an invoice because I am a professional in free practice, already at the moment I have another type of income and I am obliged to declare it”, explains Pablo Guevara, Master in Taxation and Senior Partner of Anderson in Ecuador.
And add additional data for married people. For example, if a worker works under a dependency relationship, but the money is managed by the wife and she puts money in a short-term policy in her name, the law says that the income that is not from work belongs to the conjugal partnership and therefore both these interests must be settled half by half. Although it is not in the name of the worker, he has to present the income tax declaration consolidating the income under a dependency relationship plus 50% of the interest. The other 50% has to be declared by his spouse. (YO)
Source: Eluniverso
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