globaltaxnews.ey.comSign up for tax alert emailsPrintDownload

20 November 2020

Costa Rica’s President and Minister of Finance publish regulation updating criteria for selecting people and items subject to customs control

Costa Rica’s President and the Minister of Finance published in the official gazette, La Gaceta, “Regulation on the Selection Criteria of People, Goods, Sectors, Auxiliaries of the Customs Public Function, Procedures and Customs Operations Subject to Customs Control,” which updates the selection criteria for determining which people and items will be subject to customs control. The regulation went into effect on 16 November 2020.

Background

The Regulations of the General Customs Law establish that it is the responsibility of the Risk Management Directorate to establish the annual inspection plan for approval by the General Directorate of Customs.

In accordance with report DFOE-SAF-IF-00007 - 2018 of 15 June 2018 of the Comptroller General Office of the Republic, Executive Decree 34549-H, “Regulation on the Selection Criteria of Persons, Goods and Customs Operations subject to the Control and Inspection,” was repealed.

Regulation

The new regulation implements and updates the criteria for the selection of people, goods and customs operations in relation to canons and license rights. Under the new regulation, a risk management and customs intelligence model is used to select the people, goods, auxiliaries of the customs public function (e.g., customs carriers fiscal warehouses), procedures and customs operations that will be subject to customs control and inspection. The model will guide the customs control actions of the National Customs Service.

Some of the operations subject to selection include goods or economic sectors with alleged inconsistencies in: (1) customs value, (2) the declaration of the royalty or license fee, or (3) tariff classification. Operations also may be selected when there is a relationship between the buyer and the seller, among other things.

The selection criteria may be modified or eliminated at the discretion of the Customs Administration. If the criteria is modified, the executive decree with the modifications must be published in advance of the effective date of the annual inspection plan for the following year.

_____________________________________________________________________________________________________________

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

Ernst & Young, S.A., San José, Costa Rica
Ernst & Young LLP (United States), Latin American Business Center, New York
Ernst & Young Abogados, Latin American Business Center, Madrid
Ernst & Young LLP (United Kingdom), Latin American Business Center, London
Ernst & Young Tax Co., Latin American Business Center, Japan & Asia Pacific

ATTACHMENT

Document ID: 2020-6486

 
 

The information contained herein is general in nature and is not intended, and should not be construed, as legal, accounting or tax advice or opinion provided by Ernst & Young LLP to the reader. The reader also is cautioned that this material may not be applicable to, or suitable for, the reader's specific circumstances or needs, and may require consideration of non-tax and other tax factors if any action is to be contemplated. The reader should contact his or her Ernst & Young LLP or other tax professional prior to taking any action based upon this information. Ernst & Young LLP assumes no obligation to inform the reader of any changes in tax laws or other factors that could affect the information contained herein.

 

Copyright © 2024, Ernst & Young LLP.

 

All rights reserved. No part of this document may be reproduced, retransmitted or otherwise redistributed in any form or by any means, electronic or mechanical, including by photocopying, facsimile transmission, recording, rekeying, or using any information storage and retrieval system, without written permission from Ernst & Young LLP.

 

Any U.S. tax advice contained herein was not intended or written to be used, and cannot be used, by the recipient for the purpose of avoiding penalties that may be imposed under the Internal Revenue Code or applicable state or local tax law provisions.

 

"EY" refers to the global organisation, and may refer to one or more, of the member firms of Ernst & Young Global Limited, each of which is a separate legal entity. Ernst & Young Global Limited, a UK company limited by guarantee, does not provide services to clients.

 

Privacy  |  Cookies  |  BCR  |  Legal  |  Global Code of Conduct Opt out of all email from EY Global Limited.

 


Cookie Settings

This site uses cookies to provide you with a personalized browsing experience and allows us to understand more about you. More information on the cookies we use can be found here. By clicking 'Yes, I accept' you agree and consent to our use of cookies. More information on what these cookies are and how we use them, including how you can manage them, is outlined in our Privacy Notice. Please note that your decision to decline the use of cookies is limited to this site only, and not in relation to other EY sites or ey.com. Please refer to the privacy notice/policy on these sites for more information.


Yes, I accept         Find out more