Tuesday 22 June 2021

Costa Rica’s State Banks Want To Void Law Requiring Them To Give Part of Their Profits To The CCSS

COSTA RICA NEWS – Costa Rica’s bankers have had it, they are fighting back, appealing to the Constitutional Court to eliminate the requirement for them to hand over up to 15% of their annual earnings to the Caja Costarricense de Seguro Social (CCSS).

The petition is by the managers of the country’s public banks, arguing that the “charge” is a competition disadvantage for them compared to the private banks.

The public banks filed an action of uncostitutionality against Article 78 of the Ley de Protección al Trabajador (Worker Protection Act), enacted in 2000.

- Advertisement -

According to the regulations, public companies and institutions must hand over part of their profits to fund the Régimen de Invalidez, Vejez y Muerte (IVM) – Disability, Aging and Death fund, of the CCSS or Caja, as it is commonly referred to.

The three state (public) banks, the Banco Nacional (BN), the Banco de Costa Rica (BCR) and Bancredito, argued January last that the obligation of handing over a portion of their earnings affects their ability to lend money and places them at a disadvantage with the private financial institutions.

The appeal is still in the “admissibility” stage at the Constitutional Court.

While the law provided for a contribution up to 15%, it was up to the Executive Branch (government) to establish the percentage based on actuarial studies of the CCSS costs.

- Advertisement -

This was not done until 2012, when the administration of Laura Chinchilla decided that public institutions would pay 5% of earnings starting in 2013, 7% after 2015 and 15% starting in 2017. Thus the CCSS began the process of collections.

In the cases of the BCR and BN, the amount came to ¢2.425 billion colones based on the net earnings of the previous year. But the CCSS is claminig ¢3.525 billion, saying the payment by the public banks was calculated on net income (allowing for a 30% income tax), when it should be on gross earnings.

The banks protested, the CCSS is threatening legal action.

Other public companies required to make contributions include: the Correos de Costa Rica (Post Office), Refinadora Costarricense de Petróleo (Recope), Instituto Nacional de Seguros (INS) and Instituto Costarricense de Electricidad (ICE). None has so far paid the CCSS.

The banks argue that they already bear a load of 23% on net profits, reaching 33% when they payment to the CCSS is at maximum.

Marietta Herrera, legal director of the Banco Nacional, told La Nacion, “it’s a contradiction impose such obligations on banks, at a time when the government wants to emphasize the development credit.”

- Advertisement -

The three public banks have also filed an administrative case against the government decree that set the rates it must pay, arguing that the (Chinchilla) Administration di not base the numbers on actuarial studies.

Source: La Nacion

- Advertisement -

We strive for accuracy in its reports. But if you see something that doesn’t look right, send us an email. The Q reviews and updates its content regularly to ensure it’s accuracy.

"Rico" is the crazy mind behind the Q media websites, a series of online magazines where everything is Q! In these times of new normal, stay at home. Stay safe. Stay healthy.

Related Articles

Today’s Covid News: Less than 800 new cases for the first time in two months

QCOSTARICA - For the first time in two months, less than...

First five months of the year reflect recovery of Costa Rican exports

QCOSTARICA - The value of Costa Rica exports increased by 23%...


New trends in coffee consumption challenge sector

QCOSTARICA - Changes in consumption habits in terms of times, types of preparation and specialties challenge the coffee sector. Most of the consumers in Costa...

Construction companies that paid alleged bribes would be disqualified for ten years

QCOSTARICA - If it is proven in a final judgment that they did pay bribes to Conavi officials, several companies could be disqualified from...

Nathalie Álvarez Mesén’s feature debut, Clara Sola, ready for the Cannes Directors’ Fortnight

Q ENTERTAINMENT (CINEUROPA) Nathalie Álvarez Mesén’s debut feature, Clara Sola, is ready to take part in this year’s Directors’ Fortnight at the Cannes Film...

“Caso Cochinilla”: Name arose when comparing parasite with hidden corruption

QCOSTARICA - On Monday, the Organismo de Investigacion Judicial (OIJ) moved to the raid, seize and arrest of their investigation into corruption of public...

Today’s Vehicle Restriction June 20: only “EVENS” can circulate

Today, Sunday, June 20, only vehicles with "EVEN" ending plates CAN circulate The measure is countrywide and applied between 5:00 am and 9:00 pm, save...

Today’s Vehicle Restriction June 22: plates ending in 3 & 4 CANNOT circulate

Today, Tuesday, June 22, plates ending in 3 & 4 CANNOT circulate. The measure is countrywide and applied between 5:00 am and 9:00 pm, save...

Carlos Alvarado: “Don Rodolfo has my confidence”

QCOSTARICA - President Carlos Alvarado said he has all the confidence in his Minister of Public Works and Transport (MOPT, Rodolfo Méndez Mata, and...

Today’s Vehicle Restriction June 21: plates ending in 1 & 2 CANNOT circulate

Today, Monday, June 21, we are back to the two plates that cannot circulate, in today's case plates ending in 1 & 2 CANNOT...

Today’s Vehicle Restriction June 18: 9 & 0 CANNOT circulate

Today, Friday, June 18, vehicles with plates ending 9 & 0 CANNOT circulate The measure is countrywide and applied between 5:00 am and 9:00 pm,...


Get our daily newsletter with the latest posts directly in your mailbox. Click on the subscribe and fill out the form. It's that simple!

Log In

Forgot password?

Forgot password?

Enter your account data and we will send you a link to reset your password.

Your password reset link appears to be invalid or expired.

Log in

Privacy Policy

Add to Collection

No Collections

Here you'll find all collections you've created before.