11 December 2018

Costa Rica's Customs General Directorate publishes draft Resolution regulating the inclusion of royalty payments in an import’s customs value

On 4 December 2018, Costa Rica’s Customs General Directorate published in the Official Gazette a draft Resolution that regulates the incorporation of royalty payments and license fees in the customs value of an import when the royalty and license fee amount is not known by the importer.

Currently, the law does not provide a procedure for importers to follow when they do not know the royalty and license fee amount to include in the import’s customs value. The lack of a procedure has created uncertainty for importers about how to include the royalty payments and license fees in the customs value. The Resolution would establish a regulation for when the importer or buyer, at the time of the importation of goods, does not know the amount or percentage of royalties or license fees that must be added to the price actually paid or payable for the goods, since it depends on circumstances or events that occur after the importation. The regulation would require the importer to file a provisional customs return with an estimated royalty and license fee amount.

Businesses that import goods into Costa Rican territory should provide comments on the draft Resolution, as many of them are subject to the payment of these royalties and licenses fees.

For additional information with respect to this Alert, please contact the following:

Ernst & Young, S.A., San José, Costa Rica
  • Rafael Sayagués | rafael.sayagues@cr.ey.com
  • Carolina Palma | carolina.palma@cr.ey.com
  • Juan Carlos Chavarria | juan-carlos.chavarria@cr.ey.com
  • Randall Oquendo | randall.oquendo@cr.ey.com
Ernst & Young, LLP, Latin American Business Center, New York
  • Ana Mingramm | ana.mingramm@ey.com
  • Enrique Perez Grovas | enrique.perezgrovas@ey.com
  • Pablo Wejcman | pablo.wejcman@ey.com
Ernst & Young LLP (United Kingdom), Latin American Business Center, London
  • Jose Padilla | jpadilla@uk.ey.com
Ernst & Young Tax Co., Latin American Business Center, Japan & Asia Pacific
  • Raul Moreno, Tokyo | raul.moreno@jp.ey.com
  • Luis Coronado, Singapore | luis.coronado@sg.ey.com

ATTACHMENTS:

Document ID: 2018-6483