ch) Insurance premiums against fire, robbery, theft, earthquake, or other risks, contracted with the National Insurance Institute (Instituto Nacional de Seguros) or with other authorized insurance institutions.
- d)Interest and other financial expenses, paid or incurred by the taxpayer during the fiscal year, directly related to the management of its business and the generation of income taxable under this income tax on profits, except those that must be capitalized for accounting purposes.
Deductions for this concept shall be subject to the limitations established in the following paragraphs:
Interest and other financial expenses paid in favor of partners of limited liability companies shall not be deductible, as they are considered assimilable to dividends or partnership participations.
Interest shall not be deductible when the corresponding tax has not been withheld.
In any case, the taxpayer must demonstrate to the Tax Administration the use of the loans whose interest it intends to deduct, in order to establish the link with the generation of taxable income, which must be evidenced in the documents that must accompany the return.
Without prejudice to the cases provided for in the preceding paragraphs, interest shall not be deductible when there are circumstances that reveal a disconnection between the interest paid and the taxable income in the respective period.
(Thus amended the preceding subsection d) by Title II, paragraph 8) of the Law for Strengthening Public Finances, No. 9635 of December 3, 2018) e) Debts manifestly uncollectible, provided they originate from operations in the ordinary line of business and that legal steps for their recovery have been exhausted, at the discretion of the Tax Administration and in accordance with the standards established in the Regulation of this Law.
- f)Depreciation to compensate for the wear and tear, deterioration, or economic, functional, or technological obsolescence of tangible assets producing taxable income, owned by the taxpayer, as well as the depreciation of permanent improvements. The Tax Administration, at the request of the taxpayer, may accept technically acceptable special depreciation methods, for cases duly justified by the taxpayer. Likewise, the Tax Administration may authorize, by general resolution, accelerated depreciation methods for new assets acquired by companies engaged in economic activities that require constant technological modernization, greater installed production capacity, and processes of productive reconversion, in order to maintain and strengthen their competitive advantages.
(Thus amended its first paragraph by subsection b) of Article 19 of Law No. 8114, Law of Tax Simplification and Efficiency of July 4, 2001).
The Regulation shall determine the maximum percentages that may prudentially be fixed for depreciation or the years of useful life of the assets; the nature of the assets and the economic activity in which they are used shall be taken into consideration.
In all cases, when the taxpayer disposes of tangible assets subject to depreciation, by any title, and for a value different from that which corresponds to them on the date of the transaction, in accordance with the authorized amortization, such difference shall be included as taxable income or deductible loss, as applicable, in the period in which the operation is carried out.
The value of an invention patent owned by the taxpayer may be amortized based on the time of its validity.
When dealing with livestock (semovientes)—specifically livestock dedicated to milk and breeding—as well as certain crops, depreciation or amortization may be granted, as established in the Regulation of this Law. Crops that, due to their productive efficiency cycle, cannot be classified as permanent at the discretion of the Tax Administration, may be amortized over a number of years that is directly related to their productive cycle.
- g)When a company incurs losses in a fiscal period, these shall be accepted as a deduction in the following three periods. In the case of agricultural companies, this deduction may be made in the following five periods. Companies in the cinematographic and audiovisual sector whose activity is limited to those defined by the Ministry of Finance and the Costa Rican Center for Film and Audiovisual (Centro Costarricense de Cine y Audiovisual) in the regulation to this law may also make said deduction in the following five periods.
(Thus amended the preceding paragraph by Article 32, subsection 2) of the Law on Cinematography and Audiovisual, No. 10657 of March 10, 2025) Industrial companies that commence activities after the effective date of this Law may also deduct said losses in the following five periods, but after these have elapsed, they shall be governed by the rule contained in the first paragraph of this subsection.
The determination of the losses shall be at the discretion of the Tax Administration, and it shall accept them provided they are duly recorded as deferred losses. Those companies that, by their nature, carry out agricultural or industrial activities combined with commercial activities must keep separate accounts for each activity in order to make this deduction.
The balance not offset within the indicated terms shall not entitle the taxpayer to claim refunds or credits on the tax.
(Note: According to Article 19(*) of Law No. 7200 of September 28, 1990, private companies and rural electrification cooperatives that supply electricity to ICE may similarly deduct losses from gross income).
(*) (Partially and tacitly repealed by subsection g) of Article 22 of Law No. 8114, Law of Tax Simplification and Efficiency of July 4, 2001).
- h)The proportional amount for the depletion of exploitable non-renewable natural resources, including the expenses incurred to obtain the concession, when applicable. This deduction must be related to the cost of the asset and the estimated useful life, according to the nature of the operations and the activity, and in accordance with the standards contemplated on this matter in the Regulation of this Law.
In no case may the total deductions for non-renewable natural resource depletion exceed the acquisition value of the asset.
This subsection includes the operation of mines and quarries, and deposits of petroleum, gas, and any other non-renewable natural resources.
- i)Employer contributions established by law.
- j)The remuneration, salaries, commissions, professional fees, or attendance fees paid or credited to members of boards of directors, councils, or other governing bodies acting abroad.
- k)Payments or credits granted to persons not domiciled in the country for technical, financial, or other types of consulting, as well as for the use of patents, supply of formulas, trademarks, privileges, franchises, royalties, and similar items.
When the indicated payments or credits are in favor of parent companies of subsidiaries, branches, agencies, or permanent establishments located in the country, the total deduction for the indicated concepts may not exceed ten percent (10%) of the gross sales obtained during the corresponding fiscal period. To this end, the tax withholdings established in this Law must have been made.
- l)Payments or credits granted to persons not domiciled in the country for the supply of news, for the production, distribution, intermediation, or any other form of negotiation in the country, of cinematographic and television films, videotapes, radio soap operas, phonographic records, comic strips, photo novels, and any other similar means of projection, transmission, or dissemination of images or sounds.
- m)Representation expenses and similar expenses incurred within or outside the country, travel allowances assigned or paid to owners, partners, members of boards of directors or other governing bodies, or to officials or employees of the taxpayer,(*)
(*) (By resolution of the Constitutional Chamber (Sala Constitucional) No. 2003-02349 of 14:42 hrs of March 19, 2003, the phrase in this subsection that stated: "provided that the deductions for these concepts do not represent more than one percent (1%) of the declared gross income" was declared unconstitutional)
Likewise, expenses incurred for bringing technicians to the country or for sending the taxpayer's employees to specialize abroad shall be deductible.
- n)Organization expenses of companies, which may be deducted in the fiscal period in which they are paid or credited, or, if accumulated, in five consecutive fiscal periods, starting from the date of commencement of their productive activity, until the balance is exhausted.
All costs and expenses necessary to begin the production of taxable income that, in accordance with this Law, are deducted from gross income shall be considered organization expenses.
- ñ)Indemnities, benefits, and pensions, limited in amount to triple the minimum established in the Labor Code.
- o)Advertising and promotion expenses, incurred within or outside the country, necessary for the production of taxable income.
- p)Transportation and communication expenses, salaries, professional fees, and any other remuneration paid to persons not domiciled in the country.
- q)Duly substantiated donations that have been given, during the respective tax period, to the State, its autonomous and semi-autonomous institutions, municipal corporations, state universities, social protection boards (juntas de protección social), education boards (juntas de educación), state educational institutions, the Costa Rican Red Cross (Cruz Roja Costarricense), and other institutions such as associations or foundations for works of social good, scientific, or cultural nature, as well as monetary donations made in favor of cinematographic and audiovisual projects of Costa Rican production or co-production approved by the Costa Rican Center for Film and Audiovisual. Donations made in favor of the Board of Directors of the Manuel Antonio National Recreational Park (Junta Directiva del Parque Recreativo Nacional Playas de Manuel Antonio), civil and sports associations declared of public utility by the Executive Branch under Article 32 of Law 218, Law of Associations, of August 8, 1939, or committees officially appointed by the General Directorate of Sports (Dirección General de Deportes), in areas defined as rural, according to the regulation of this law, during the respective tax period.
(Thus amended the preceding paragraph by Article 32, subsection 2) of the Law on Cinematography and Audiovisual, No. 10657 of March 10, 2025) The deduction may not exceed ten percent (10%) of the net income calculated for the donating taxpayer, without taking the donation into account. Donations in kind shall be valued at their market value for the purposes of this deduction.
The General Directorate of Taxation (Dirección General de Tributación) shall have broad authority regarding the assessment and qualification of the veracity of the donations referred to in this subsection and may qualify and assess donations only when dealing with those directed to works of social good, scientific, or cultural nature, and to sports committees officially appointed by the Costa Rican Institute of Sport and Recreation (Instituto Costarricense del Deporte y la Recreación, Icoder) in areas defined as rural, according to the regulation of this law. This regulation shall contemplate the conditions and controls that must be established in the case of these donations, both for the donor and for the recipient.
(Thus amended the preceding subsection q) by Article 8 of Law No. 9800 of December 20, 2019, "Creates the Clean Energy Museum") r) Losses due to destruction of goods, by fire, by crimes to the detriment of the company, duly substantiated and to the extent not covered by insurance.
- s)Individuals who provide their services, both professionals and technicians, and any other taxable person who provides personal services without an employment relationship with their clients, as well as sales agents, commission agents, and insurance agents, may deduct the expenses necessary to produce their taxable income in accordance with the general rules; or, they may opt for a single deduction, without any need for proof, of twenty-five percent (25%) of the gross income from the activity or of the commissions earned, as applicable.
(Thus amended the preceding subsection by the sole article of Law No. 10818 of November 13, 2025)
- t)All deductions contemplated in the Law for the Promotion of Agricultural Production, No. 7064 of April 29, 1987.
- u)TACITLY REPEALED by Law No. 8114, Law of Tax Simplification and Efficiency of July 4, 2001, which in Article 22, subsection k) repeals Article 22 of Law 7555, which had added subsection u) to this article).
- v)In the case of financial entities supervised by the superintendencies attached to the National Council for the Supervision of the Financial System (Consejo Nacional de Supervisión del Sistema Financiero, Conassif), the sums to constitute estimates, reserves, or provisions authorized by the supervisory bodies or that such entities must mandatory maintain in compliance with the provisions issued and in accordance with the technical limits established, in both cases, by the supervisory bodies. Said reserves shall be duly itemized in the entities' books and balance sheets. The superintendencies and the National Council for the Supervision of the Financial System (Conassif) must consult with the Ministry of Finance on any regulation issued that has tax implications.
(Thus added the preceding subsection by Title II, paragraph 8) of the Law for Strengthening Public Finances, No. 9635 of December 3, 2018) w) Expenses related to the pre-production, production, and post-production of cinematographic and audiovisual works, including the acquisition and contracting of goods and services, leasing of goods, and contracting of technical, artistic, and administrative personnel, for those taxpayers who do not have the status of producer or co-producer in the cinematographic and audiovisual projects in which the investment is made. Under no circumstances shall expenses and donations in kind be deductible. The Ministry of Finance and the Costa Rican Center for Film and Audiovisual shall regulate the maximum amounts to be deducted per project and during the fiscal year.
(Thus added the preceding subsection by Article 32, subsection 1) of the Law on Cinematography and Audiovisual, No. 10657 of March 10, 2025) x) Expenses for research, study, and development, related to the for-profit activity and innovation of its services, carried out by micro, small, and medium-sized enterprises duly registered with the Ministry of Economy, Industry, and Commerce (Ministerio de Economía, Industria y Comercio) or by small and medium-sized agricultural producers registered with the Ministry of Agriculture and Livestock (Ministerio de Agricultura y Ganadería) and all its dependencies.
(Thus added the preceding subsection by Article 2 of the Law Incentives for the Formalization and Development of MSMEs in Costa Rica, No. 10512 of September 4, 2024)
(Thus modified the numbering of the preceding subsection by Article 32, subsection 1) of the Law on Cinematography and Audiovisual, No. 10657 of March 10, 2025, which transferred it from subsection w) to subsection x)) y) Training expenses related to the for-profit activity carried out by the micro, small, or medium-sized enterprise for the improvement of its human resources, duly registered with the Ministry of Economy, Industry, and Commerce or by small and medium-sized agricultural producers registered with the Ministry of Agriculture and Livestock and all its dependencies.
(Thus added the preceding subsection by Article 2 of the Law Incentives for the Formalization and Development of MSMEs in Costa Rica, No. 10512 of September 4, 2024)
(Thus modified the numbering of the preceding subsection by Article 32, subsection 1) of the Law on Cinematography and Audiovisual, No. 10657 of March 10, 2025, which transferred it from subsection x) to subsection y)) z) Contributions made by large companies or those under special regimes for the transfer of technology, development of product/service innovations, or processes in quality management and environmental management for micro, small, and medium-sized enterprises that form part of their value chain and are duly registered and in active status with the Ministry of Economy, Industry, and Commerce, or by small and medium-sized agricultural producers registered with the Ministry of Agriculture and Livestock and all its dependencies. Large companies are understood to be those according to the classification made with the criteria established by the General Directorate of Taxation, DGT-R-22-2021: Criteria for the Classification of Large National Taxpayers, published in La Gaceta No. 123, of June 28, 2021.
(Thus added the preceding subsection by Article 2 of the Law Incentives for the Formalization and Development of MSMEs in Costa Rica, No. 10512 of September 4, 2024)
(Thus modified the numbering of the preceding subsection by Article 32, subsection 1) of the Law on Cinematography and Audiovisual, No. 10657 of March 10, 2025, which transferred it from subsection y) to subsection z)) The Tax Administration shall accept all deductions considered in this article, except for subsection q), provided that, collectively, the following requirements are met: