Tax on Construction Machinery Annulled

In Costa Rica a ruling has declared that the collection of property tax for motor vehicles used as construction machinery is unconstitutional.

Wednesday, July 25, 2012

The court ruling states that tax should only be applied to vehicles used for transport and transfer of persons or goods (goods, furniture, etc..) and not for machinery used in construction.

The statement from the Constitutional Court adds, "In order to avoid serious damages to the Treasury, the declaration of unconstitutionality has no retroactive effect for those who have paid the tax during the term in which the rules declared unconstitutional were in effect, so that in such cases the rules take effect from the date of judgment", reported Nacion.com

The director of the Chamber of Construction, Randal Murillo said that the ruling was satisfactory for the construction sector.

More on this topic

Costa Rica: Imports of 2018 Car Models Permitted

March 2017

The Directorate General of Taxation has suspended the decree that prevented agencies and distributors from importing latest model vehicles, corresponding to 2018.

The restriction on imports of 2018 models came into effect in October last year, when the Ministry of Finance issued Decree No. 39941-H.

Costa Rica: NO to Tax Collection Without Firm Ruling

September 2016

A declaration of unconstitutionality has been given to the section of the tax code that allowed the Treasury to demand payment of penalties and interest allegedly owed on taxes before the right to a defense can be exercised.

The slowness and inefficiency with which the Taxation department processes tax disputes, sometimes involving decades before there is a resolution, led to the outlandish idea on the part of lawmakers of putting the cart before the horse.  In order to solve the problem of stubborn evasions where people take advantage of the inefficiency of the Taxation department, a decision was made to take away from companies the right to contest the results of tax audits, forcing the taxpayer to pay the amounts ordered by these audits, within in a deadline of one month, in order to be able to initiate formal questioning of those results.  Now, the Supreme Court of Costa Rica has taken away that power from the Taxation department, declaring it unconstitutional.

Costa Rica: Shareholder Register Will Be Mandatory

January 2016

An appeal by the private sector has been rejected and the Treasury will be able to require large taxpayers to be included in the AMPO system which contains information deemed sensitive.

From a statement issued by the Ministry of Finance:

The Ministry of Justice has finally decided in favor of the Tax Administration, in the process that the Chamber of Food Industry and several coadjuvants filed against the Scheduled Analysis Multifunctional and Target tool (AMPO).

Costa Rica: Development Prevented in Protected Areas of GAM

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For the third time the Constitutional Court has prevented an attempt to expand by 200 meters the containment ring in the Greater Metropolitan Area (GAM).

This was achieved by declaring the ruling of the decree of February 2010, which allowed some 5,700 acres to be used for development, unconstitutional.

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