4755, of May 3, 1971, and its amendments, is hereby reformed in the following provisions: Article 1, subsection b) of Article 22, Articles 38, 40, 43, 47, 51, 53, 57, 58, 62, 99, subsection c) of Article 103, Articles 126 and 130, subsection b) of Article 137, Articles 144, 146, subsections f) and g) as well as the final paragraph of Article 147, and Articles 150 and the first paragraph of Article 169, which shall henceforth read as follows:
"Article 1.- Scope of Application.
The provisions of this Code are applicable to all taxes (tributos) and the legal relationships derived from them, except as regulated by special legislation.
Notwithstanding the foregoing paragraph, the provisions of this Code shall apply supplementarily, in the absence of an express standard." "Article 22.- Liability for Acquisition [...]
- b)The acquirers of commercial establishments and other successors to the assets, liabilities, or both, of companies or collective entities, with or without legal personality. For these purposes, the partners or shareholders of dissolved companies shall also be considered successors." "Article 38.- Deferrals and Installment Plans (aplazamientos y fraccionamientos) In the cases and in the manner determined by the regulations, the Tax Administration (Administración Tributaria) may defer or arrange for the payment of tax debts in installments, including for trasladable taxes that have not been collected from the final consumer, and provided that the economic-financial situation of the debtor, duly verified before it, temporarily prevents them from making payment on time." "Article 40.- Deadline for Payment Within the deadlines established by the respective laws, the tax (tributo) determined in accordance with the sworn declarations (declaraciones juradas) filed by the taxpayer (contribuyente) or the responsible party, or based on any other form of liquidation carried out by either party or the corresponding liquidation for partial payments or withholdings, must be paid. When the tax law does not establish a deadline for paying the tax, it must be paid within the fifteen business days following the date on which the taxable event (hecho generador) of the tax obligation occurs.
All other payments for taxes resulting from resolutions issued by the Tax Administration, in accordance with Article 146 of this Code, must be made within the fifteen days following the date on which the taxpayer (sujeto pasivo) is legally notified of their obligation.
However, in all cases, interest shall be calculated from the date the taxes should have been paid, according to the respective laws. In those cases where the determinative resolution of the tax obligation, or the resolution deciding appeals against said resolutions, is issued outside the deadlines established in Articles 146 and 163 of this Code, the computation of interest shall be suspended during the time exceeded for the issuance of such acts. When the excess of said deadline is attributable to the conduct of officials, they shall bear the responsibilities set forth in the General Public Administration Law (Ley General de Administración Pública)." "Article 43.- Overpayments (Pagos en exceso) and Statute of Limitations (prescripción) for the Action for Recovery (acción de repetición) Taxpayers (contribuyentes) and third-party responsible parties have the right of action to claim the restitution of amounts paid unduly for taxes, advance payments (pagos a cuenta), penalties, and interest, even if they did not make any reservation at the time of payment. The Tax Administration shall communicate these circumstances within three months following the date of the payments originating the credit, by means of publication in La Gaceta. The creditor shall be entitled to the recognition of interest equal to that established in Article 58 of this Code. Said interest shall run from the calendar day following the date of the payment made by the taxpayer.
Likewise, taxpayers and responsible parties may request the refund of credit balances exceeding the compensation provided for in Article 46 of this Code. Refunds shall accrue interest equal to that established in Article 58 of this Code; this interest shall run from the first calendar day following the date of the payment made by the taxpayer.
This shall also apply in the case of an undue payment that was induced or forced by the Tax Administration. For payments made before the payment date provided by law, the recognition of interest shall not apply during the period between the time of payment and the date on which it should have actually been made.
Likewise, the payment of interest shall not proceed when a voluntary payment is made by the taxpayer (sujeto pasivo), which has not been induced or forced by the administration, for the purpose of receiving an improper financial return.
The action to request a refund shall expire (prescribe) after three years, starting from the day following the date on which each payment was made, or from the filing date of the sworn declaration from which the credit arose.
The Administration must proceed with the respective payment no later than during the budget year following the date of the taxpayer's claim." "Article 47.- Refund (Devolución) For the purposes of the refund referred to in subsection c) of the previous article, the Tax Administration must issue the appropriate resolution.
No refund shall be granted for credit balances corresponding to fiscal periods for which the Treasury's (Fisco) right to determine and liquidate the tax has expired (prescrito).
To guarantee the refund indicated in this article, an allocation must be included annually in the Chapter corresponding to the Tax Administration of the Ordinary Budget Law of the Republic (Ley de Presupuesto Ordinario de la República), the estimate of which shall be the responsibility of the Tax Administration. The amount of said allocation must be deposited in a special account of the National Treasury (Tesorería Nacional), against which it may issue payments in accordance with the resolutions issued for these purposes by the organs of the Tax Administration.
Refunds corresponding to the current economic year shall be made against the respective revenue allocation." "Article 51.- Statute of Limitations (prescripción) Terms The action of the Tax Administration to determine the obligation expires (prescribe) after three years. The same term applies to demand the payment of the tax and its interest.
The aforementioned term is extended to five years for taxpayers or responsible parties not registered with the Tax Administration, or for those who are registered but have filed declarations classified as fraudulent or have not filed the sworn declarations. The provisions contained in this article must be applied to each tax separately." "Article 53.- Interruption or Suspension of the Statute of Limitations (prescripción) The running of the statute of limitations (prescripción) is interrupted by the following causes:
- a)Notification of the commencement of verification actions regarding the material fulfillment of tax obligations. The interruption of the running of the statute of limitations shall be deemed not to have occurred if the actions do not commence within the maximum period of one month, counted from the date of notification, or if, once commenced, they are suspended for more than two months.
- b)The determination of the tax made by the taxpayer (sujeto pasivo).
- c)The express acknowledgment of the obligation by the debtor.
- d)The request for deferrals and installment plans (aplazamientos y fraccionamientos) of payment.
- e)The notification of administrative or jurisdictional acts aimed at executing the collection of the debt.
- f)The filing of any petition or claim, under the terms set forth in Article 102 of this Code.
Once the statute of limitations is interrupted, the time elapsed previously is not considered, and the term begins to run anew from January 1st of the calendar year following that in which the interruption occurred.
The computation of the statute of limitations for determining the tax obligation is suspended by the filing of a complaint for alleged offenses of tax fraud (defraudación) or improper withholding, receipt, or collection of taxes, pursuant to Articles 92 and 93 of this Code, until said process is concluded." "Article 57.- Interest Payable by the Taxpayer (sujeto pasivo) Without the need for any action by the Tax Administration, payment made outside the term generates the obligation to pay interest, together with the tax owed. By resolution, the Tax Administration shall set the interest rate, which must be equivalent to the simple average of the active rates of state banks for commercial sector loans and, in no case, may exceed the basic passive rate set by the Central Bank of Costa Rica (Banco Central de Costa Rica) by more than ten points. Said resolution must be issued at least every six months.
Interest must be calculated taking as reference the rates in force from the moment the tax should have been paid until its effective payment. The payment of this interest shall not be subject to forgiveness (condonar), except when an error by the Administration is demonstrated.