Every public or private company, whether or not subject to one or more of the taxes contained in the Law, as well as non-subject entities and the other institutions and subjects referred to in Articles 3, 23, 28 ter, and 31 quater of the same law, are obliged to act as withholding or collection agents of the tax that arises when incomes received from dependent personal work, or from retirement or pension or other remunerations for personal services, incomes subject to taxes on capital income and capital gains and losses, incomes remitted abroad, are paid or credited, as applicable, or when any of the other cases enumerated in this article occurs.
The incomes referred to in the preceding paragraph shall be understood as paid at the moment the beneficiary of these effectively receives the monetary sums, and shall be considered credited when the beneficiary of such incomes has the right to demand them.
As the case may be, the following provisions must be observed:
i. Employers or payers shall make the withholdings corresponding to the incomes received from dependent personal work or from retirement or pension or other remunerations for personal services, depending on whether they are persons domiciled or not in the country, a condition that must be determined in accordance with subsection a) of Article 10 of this Reglamento. These withholdings must be made according to the provisions of Titles II and IV of the Ley del Impuesto sobre la Renta. This withholding shall be considered a single and final tax on those incomes.
(The second paragraph of the preceding subsection is repealed by Article 2 of Decreto Ejecutivo No. 44369 of November 15, 204) ii. Income from real estate capital. Through a general resolution issued by the Tax Administration and based on Article 23 of the Law, the withholding of income from real estate capital shall be established, for which purpose notification shall be given at least three months before the entry into force of the withholding to be implemented.
iii. Income from movable capital. Depending on the type of income in question, the following rules shall apply to effect the respective withholding:
- i)Income from the transfer of own funds to third parties. The following are obliged to withhold:
1. Issuers, paying agents, custody entities, corporations (sociedades anónimas), and any other entity or public or private body that, in the course of raising resources in the financial market, pay or credit interest, grant discounts on promissory notes, bills of exchange, bankers' acceptances, or trade all kinds of securities, to persons domiciled in the country. In these cases, the withholding shall be fifteen percent (15%) on the gross amount of the income paid or credited to the taxpayer.
2. The Bolsa Nacional de Valores, brokerage houses (Puestos de Bolsa), and similar entities, that act as intermediaries or intervene in securities repurchase or repurchase agreement (reporto) operations, in their different modalities, for the returns earned by the investor (buyer in the 'today' leg in the case of repurchase and reporter in the case of repurchase agreement (reporto)). In these cases, the withholding shall be fifteen percent (15%) on the positive difference between the forward transaction and the "today" transaction, regardless of the nature of the securities subject to the transaction.
In the event that it is not possible to apply the withholding regulated in this subsection, these incomes must be the subject of an independent declaration by the taxpayer.
3. Banks and financial entities, duly regulated by the Superintendencia General de Entidades Financieras, that endorse bills of exchange or bankers' acceptances. In these cases, the withholding shall also be fifteen percent (15%), but it shall be applied to the discount value, which in all cases shall be the result of applying to the amount of the bill the passive base rate determined by the Banco Central de Costa Rica for the corresponding term, plus three percentage points. The withholding applicable in these cases shall become effective at the time the bill is endorsed, with the endorsing entity being obliged to carry it out at that moment.
4. The Banco Popular y de Desarrollo Comunal, as well as savings and credit cooperatives, for the returns generated by securities issued in national currency. In these cases, the withholding shall be fifteen percent (15%) on the gross amount of the returns paid or credited to the taxpayer.
5. The payers of the returns generated by securities in national currency issued by the Sistema Financiero Nacional para la Vivienda. In these cases, the withholding shall be seven percent (7%) on the gross amount of the returns paid or credited to the taxpayer.
6. Savings and credit cooperatives, as well as solidarity associations, for the returns from all types of savings made by their associates, excepting the interest generated by balances in demand savings accounts and current accounts. The withholding shall be eight percent (8%) on the excess of the amount of returns paid or credited to the taxpayer that exceeds the exempt limit, equivalent to fifty percent (50%) of a base salary. This withholding must be made starting from the month that exceeds said exempt limit.
To determine the excess, the returns paid or credited during the fiscal period established in Article 4 of the Law must be accumulated, from all types of savings made.
The referenced withholdings shall be considered a single and final tax on those incomes, except when the beneficiary is also a taxpayer of the income tax (impuesto sobre las utilidades) and such incomes come from assets affected to their lucrative activity, in the terms of Article 1 bis of the Law and Article 4 of this Reglamento, in which case the withholding shall be considered an advance payment towards the Impuesto sobre las Utilidades, in accordance with Article 1 of the Law and Article 4 of this Reglamento.
- ii)Income from the leasing, subleasing, constitution, or transfer of rights of use or enjoyment of movable goods and other rights associated with intangible assets. Through a general resolution issued by the Tax Administration and based on Article 23 of the Law, the withholding of the aforementioned movable capital income shall be established, for which purpose notification shall be given at least three months before the entry into force of the withholding to be implemented.
- iii)The referenced withholdings shall be considered a single and final tax on those incomes, except when the beneficiary is a taxpayer of the income tax (impuesto sobre las utilidades) and such incomes come from assets affected to their activity, in accordance with Article 1 bis of the Law and Article 4 of this Reglamento. Returns from distributions of disposable income. The following are obliged to withhold:
1. Capital companies (sociedades de capital), when they pay or credit to their natural person partners, in cash or in kind, dividends of all types or any class of benefits comparable to these, coming from their disposable income, defined in Article 27 ter, numeral 2), subsection a), sub-subsection iv) of the Law. In these cases, the withholding shall be fifteen percent (15%) on the gross amount of the benefits that have been obtained by the taxpayer.
This tax withholding shall not apply when the partner obtaining them is another capital company (sociedad de capital) domiciled in Costa Rica, insofar as it carries on a lucrative activity and is subject to the income tax (impuesto sobre las utilidades), with the provisions of Article 10, section 2) of this Reglamento having to be observed regarding the fulfillment of these conditions.
In the event that withholding is applied to a company that does not carry on a lucrative activity and is not subject to the Impuesto sobre las Utilidades, the withholding shall not be applied to subsequent distributions of that same disposable income. For the purposes of the provisions of the cited Article 10, section 2), it shall be understood that the term "lucrative activity" does not include companies dedicated exclusively to holding shares in other companies.
Withholding shall also not be applied when the distribution of dividends or benefits occurs in the form of registered shares or quotas of the very company paying them.
The withholdings referred to shall be considered a single and final tax on those incomes, except when the beneficiary is a taxpayer of the income tax (impuesto sobre las utilidades) and such incomes derive from assets assigned to its activity, pursuant to articles 1 bis of the Law and 4 of this regulation.
2. Partnerships (sociedades de personas), whether de facto or de jure, trusts (fideicomisos) and fiduciary assignments (encargos de confianza), joint ventures (cuentas en participación), professional activity partnerships (sociedades de actividades profesionales), and undivided estates (sucesiones indivisas), provided that these are taxpayers under article 2 of the Law, shall withhold the incomes obtained by their partners, associates, or beneficiaries as a result of the distribution of available income (renta disponible). For these purposes, it shall be understood that one hundred percent (100%) of the available income of the aforementioned entities belongs to their partners, associates, or beneficiaries who are individuals domiciled in the country. In these cases, the withholding shall be fifteen percent (15%) on the total amount paid or credited according to the taxpayer's participation in that available income.
The withholding shall not be made when the available income is capitalized, in which case said act must be recorded in the accounting records, which must be carried out within three months following the end of the tax period. In addition, the capitalization must be recorded in the corresponding legal books.
When taxable incomes, gains, or profits are obtained, or those exempted by this law or by others, received or accrued in the fiscal period, they must be added to the result obtained, in accordance with the rule in the second paragraph of numeral iv) subparagraph a) numeral 2) of article 27 ter of the Law, in order to obtain the available income or revenue.
3. Cooperatives or other similar entities, for one hundred percent (100%) of the surpluses (excedentes) paid to their associates. In these cases, the withholding shall be ten percent (10%) on the gross amount of the surpluses paid or credited to the associate during the tax period. This withholding shall be considered a single and final tax on those incomes.
4. Solidarity associations (asociaciones solidaristas), for the surpluses or profits to their associates.
In these cases, the withholding shall depend on the amount of the surpluses or profits paid or credited to the associate during the fiscal period and shall be:
a. Five percent (5%) on the surpluses or profits that do not exceed one base salary.
b. Seven percent (7%) on the surpluses or profits that exceed one base salary but do not exceed two base salaries.
c. Ten percent (10%) on the surpluses or profits that exceed two base salaries.
This withholding shall be considered a single and final tax on those incomes.
iv. Capital gains obtained by non-domiciled persons. In the case of transfers of real property located in the national territory by non-domiciled persons, the acquirer must withhold and pay the amount corresponding to two point five percent (2.5%) of the total value agreed upon for the disposal of the real property.
In the case of the full transfer of ownership of other assets or rights other than real property by non-domiciled persons, the acquirer must make the same withholding described above only if the acquirer holds the status of taxpayer of the income tax (impuesto sobre las utilidades), in accordance with article 2 of the Income Tax Law.
This withholding shall have the status of an advance payment (pago a cuenta).
This withholding shall not apply in cases of contribution of real property, in the constitution or increase of capital of companies domiciled in the national territory.
v. Remittances abroad (Remesas al exterior). Individuals or legal entities domiciled in the national territory that pay, credit, transfer, or make available to a person not domiciled in the country Costa Rican-source incomes are obligated to withhold the tax on remittances abroad, as provided in articles 54 and 55 of the Law. In these cases, the withholding shall be the result of multiplying the rate established in article 59 of the same Law by the relevant Costa Rican-source income.
In particular, the representatives of branches, agencies, and other permanent establishments of persons not domiciled in the country, which operate in the national territory, shall be obligated to withhold on the available income (renta disponible) that is credited or paid to the parent company domiciled abroad. For these purposes, it shall be understood that one hundred percent (100%) of the available income of the aforementioned entities belongs to the parent company. In these cases, the withholding shall be fifteen percent (15%).
This withholding shall be considered a single and final tax on those incomes.
vi. Presumptive incomes of non-domiciled companies. Payments or credits made to branches, agencies, or permanent establishments of persons not domiciled in the country, for the provision of the services mentioned in subparagraphs a), b), c), and ch) of article 11 of the Income Tax Law, shall be subject to tax withholdings, in accordance with the following provisions:
i. In the event that the companies providing the aforementioned services have a permanent representative in Costa Rica, the user companies contracting with them must withhold three percent (3%) on the amounts paid or credited. The withholding made shall be considered an advance payment (pago a cuenta) of the Income Tax (Impuesto sobre las Utilidades).
ii. In the event that the companies providing such services do not have a permanent representative in the country, the user companies must withhold the amounts resulting from applying the rates established in article 23 subparagraph e) sub-subparagraphs i), ii), and iii) of the Income Tax Law. This withholding shall be considered a single and final tax.
vii. Incomes originating from bids, contracts, businesses, or operations carried out by the State, autonomous or semi-autonomous institutions, municipalities, public enterprises, and other public entities established in subparagraph g) of article 23 of the Law. The State, autonomous or semi-autonomous institutions, municipalities, public enterprises, and other public entities are obligated to withhold on the incomes originating from public or private bids, contracts, businesses, or operations carried out by them and that are paid or credited in favor of individuals or legal entities domiciled in the country. In these cases, the withholding shall be two percent (2%) on the total amount of such incomes made available to the taxpayer, except when it involves:
- i)Transactions carried out between public entities that are exempt or not subject to the income tax (impuesto sobre las utilidades).
- ii)Payments made to persons not domiciled in the country, when these are taxed with the tax on remittances abroad (impuesto sobre remesas al exterior).
- iii)Credits or payments made to persons or entities exempt from the Income Tax.
- iv)Payments on which the three percent (3%) withholding referred to in subparagraph e) of article 23 of the Income Tax Law has been made.
- v)Operations that do not exceed one base salary as established in article 2 of Law No. 7337.
The Tax Administration is empowered to modify, by resolution, the established amount.
The withholding referred to in this section shall be considered an advance payment (pago a cuenta) of the income tax payable by the taxpayer. Likewise, at the taxpayer's request, the Tax Administration may authorize the application of the withheld amounts to the partial payments of the income tax for the corresponding period.
The tax withholdings described in all the previous subparagraphs must be made by the withholding agent at the moment the respective payment is made or credited, whichever occurs first. The withholding agent must file a monthly self-assessment return (declaración autoliquidativa mensual) that includes the totality of the withholdings made and pay the corresponding amount, following the model established by the Tax Administration. The amount of the withholdings made must be deposited in the banks of the National Banking System or their agencies or branches authorized by the Central Bank of Costa Rica, or in the collection entities authorized by the Ministry of Finance, within the first fifteen calendar days of the month following the one in which the withholding was made.
When it is not possible to apply the withholding regulated in subparagraphs ii., iii., and iv. of this article, these incomes must be subject to a self-assessment return by the taxpayer of the Income Tax or in the self-assessment return for real estate capital gains, personal property capital gains, and capital gains, as applicable.
(The final paragraph of this article was repealed by article 2 of Decreto Ejecutivo N° 44369 of November 15, 204)
SPECIAL REGIMES