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The Leasing Legislation, tax implications

It’s essential to make clear that on the time of scripting this column, such rules haven’t been revealed within the official gazette and, consequently, it isn’t but regulation, and in addition the feedback that we’re going to contact on this area are these contained within the doc that’s It’s thought of the ultimate model of what the decree shall be, so there’s the likelihood that when it’s revealed, the wording will change and, subsequently, the main focus of what we touch upon right here. Likewise, we additionally make clear that we’re going to contact solely a number of the fiscal points, since there are extra controversial provisions.

The determine of the taxable individual of the tax obligation won’t change with the Leasing Legislation.

Oscar Chile Monroy

The content material of article 35 will give the lessor tax certainty within the remedy of the leased items, since it’s regulated that they have to be registered as a receivable, amortizable throughout the time period of the contract. This similar regulation establishes a special quantity of gross earnings by stating that “Of the entire quantity invoiced for earnings or installments much less the amortizable quantity of the asset, they represent gross earnings affected for earnings tax functions within the tax interval during which it’s accrued. ”. It’s interpreted that for the lessors the gross hire shall be decrease and that discount for some, if not all of the lessors, shall be a tax drawback, since these bills that the Tax Replace Legislation (LAT) limits their deduction to a proportion of the gross earnings, when decided on a decrease foundation clearly the deductible quantity could be lowering. Such type of writing shouldn’t have been carried out that manner, as a result of it’ll trigger dialogue in its interpretation.

Article 6 establishes the duty for the lessors to use the Worldwide Accounting Requirements (IAS), which in our opinion, for the second, can’t be thought of as an obligation and, as well as, the identify of the worldwide rules is wrong, since these had been changed by the Worldwide Monetary Reporting Requirements (IFRS). However the non-obligatory nature just isn’t as a result of error within the identify, however due to the way in which during which the ultimate a part of article 6 was drafted, which decrees: “In any case, the lessors should preserve their accounts in accordance with the Worldwide Accounting Requirements (NIC) in power in Guatemala, in accordance with the regulation ”. As it’s established “in accordance with the regulation,” it’s noteworthy that in Guatemala there is no such thing as a regulation that requires the appliance of worldwide rules. The utility of IFRS is technical compliance. It’s doable that the intention of what would be the Leasing Legislation was to create an obligation for the lessors, however mentioned obligation could be till a regulation is promulgated that requires accounting in accordance with worldwide requirements.

Among the many numerous obligations of the lessee, associated to the tax situation, we spotlight the one contained in subsection g) of article 9, which says: « In leasing contracts, the lessee is accountable for paying all taxes, taxes, charges, fines , sanctions, surcharges, infractions or penalties that document the possession, possession, exploitation or circulation of the leased items. Within the case of actual property, until in any other case agreed, the tenant is accountable for paying the one property tax ”. It must be clarified that this obligation just isn’t changing the determine of the taxpayer contained within the Tax Code, who continues to be accountable to the Tax Administration. It’s interpreted that if such taxes are paid by the lessee, they are going to be thought of deductible as a result of they meet the overall situation of article 21 of the LAT. To keep away from interpretation on the contrary, it ought to have been clarified.

Tax consultancies and extra matters go to:

About the author

Donna Miller

Donna is one of the oldest contributors of Gruntstuff and she has a unique perspective with regards to Science which makes her write news from the Science field. She aims to empower the readers with the delivery of apt factual analysis of various news pieces from Science. Donna has 3.5 years of experience in news-based content creation, and she is now an expert at it. She loves journalism, and that is the reason, she moved from a web content writer to a News writer, and she is loving it. She is a fun-loving woman who has very good connections with every team member. She makes the working environment cheerful which improves the team’s work productivity.

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