The Law on Economic Efficiency and Employment, which has been in effect since December 20, brings with it several changes, one of which is that companies that do not submit invoices will be sanctioned with fines of up to $13,800.

The regulations state that fines will amount to a minimum of one basic salary (SBU) and a maximum of 30 benefits. Currently the SBU is $450, but by 2024 it will be $460. The economic penalty was determined by the reforms of the Law on the Internal Tax Regime (LRTI), which resulted from the proposal of President Daniel Nobo and was approved in the National Assembly on December 19, 19 with 107 votes in favor.

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According to tax attorney Napoleón Santamaría, before this new regulation, the maximum fine for failure to issue a proof of sale was $500.

Article 26 of the tax reform foresees that the following text is added after Article 103 of the Tax Code: “Physical or legal persons, residents of the country, who do not submit sales invoices or do not submit electronic sales invoices to the Tax Administration, shall be fined from 1 to 30 unique basic incomes of workers in general.”

Likewise, it is indicated that the application of this sanction will be regulated by a general decision made by the Tax Administration (SRI).

The law also explains that in the event that the said violation occurs flagrantly, for the application of the sanction, the verification of the non-delivery of sales invoices or the lack of transfer, by an official appointed for the effect by the SRI, who will prepare, under his responsibility, evidentiary reports that will provide the public evidence of the detected violation.

With this reform, the tax lawyer indicates that a monetary sanction, or a fine, is imposed, but he clarifies that the tax law has not changed with regard to closure and what this means is that apart from the monetary sanction, the issue of closure remains in force and this is found in the seventh general provision of the Public Finance Reform Act and “it has not been changed”.

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In addition, it is said that the General Criminal Code, when it talks about fraud, also indicates that it can be the cause of tax fraud and therefore a criminal offense, if they systematically and deliberately do not issue invoices for the commercial business they conduct.

In this context, it succinctly indicates that there are three sanctions, the minimum is economic, but if it is repeated in economic without fraud, the closure comes, and if it is repeated in non-issuance of invoices with fraud, criminal proceedings come. “With the reform, they are tightening fines, but imprisonment and criminal activities do not stop,” he repeats.