Thursday, 4 June 2020

Sala IV Orders Treasury To Reveal List of Tax Debtors

Costa Rica’s Sala IV (Constitutional Court) ordered the Ministry of Finance (Treasury) to reveal the list of tax debtors, including the names and amounts of the individuals and legal entities that owe money to the Treasury.

The Court considers the information public access, as stated in its decision of February 8, 2018, supporting the ‘recurso de amparo’  (writ of appeal) filed by the Frente Amplio legislator, José María Villalta, to whom the Treasury denied the list of debtors who could benefit from the tax amnesty introduced by the tax reform.

The amnesty is a period of three months, between December 4, 2018, and March 5, 2019, in which tax debtors can pay their outstanding taxes exempt from paying interest and fines that can be as high as 80%.

The Treasury reports collecting more than ¢152 billion from 8,800 taxpayers in the first 30 days of the amnesty.

- paying the bills -

The Treasury alleged that the list of debtors was “confidential information”, but now have ten days for Finance Minister, Rocio Aguilar, to deliver the requested list.

The Constitutional Court considered that the Treasury’s denial violates the principle of administrative transparency, as well as the right of access to administrative information.

“Collective organizations of Derecho Público- public entities – are called to be true glass houses, within which they can be scrutinized and monitored, in broad daylight,” explained the constitutional body in its pronouncement.

“Public administrations must create and promote permanent and fluid channels of communication or exchange of information with the administrated and the collective communication media in order to encourage greater direct and active participation in public management and to act on the principles of evaluation of results and accountability,” Sala IV added in the resolution.

What was Villalta looking for?

- paying the bills -

The legislator explained that in addition to the names of the potential beneficiaries of the amnesty, he asked for the amount that the Treasury would stop receiving by forgiving penalties and interest in the amnesty

In addition, the legislator asked the Treasury to explain which methodology it used to assume that, with the tax amnesty, the entity would collect 1% of the Gross Domestic Product (GDP), according to a publication of the newspaper La República, of September 20, 2018, entitled “Perdonando intereses a deudores Hacienda espera recaudar el 1% del PIB”.

What ticked off the legislator, in addition to claiming the list of debtors was ‘confidential’, the Treasury said it would not answer the other two questions.

Recurso de Amparo

Amparo is one of the main powers conferred by the Constitution to the Constitutional Court. The object of this process is the protection against breaches of the rights and freedoms, violated or threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity.

In Costa Rica, any person or legal entity is entitled to file a ‘recurso’. Appeals can be handwritten and submitted without a lawyer, such as the ‘recurso’ filed last October by an 11-year-old student to request teachers return to classes after six weeks of teachers’ strike against the tax reform.

What is the difference between a writ of habeas corpus and writ of Amparo?  The difference between these two writs is that habeas corpus is designed to enforce the right to freedom of the person, whereas Amparo is designed to protect those other fundamental human rights enshrined in the Constitution but not covered by the writ of habeas corpus.

- paying the bills --

 

 

Rico
Ricohttp://www.theqmedia.com
"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

‘I Declare You Wife and Wife’: Costa Rica Celebrates Its First Equality Marriage

At 0:08 on May 26, 2020, Alexandra Quirós Castillo, 29, and...

Two women will be the first to marry in Costa Rica on May 26

(QCOSTARICA) Same-sex couples in Costa Rica will be able to marry...

MOST READ

Eruptions in Rincón de la Vieja volcano rose up to 2,000 meters above the height of the crater

The Rincón de la Vieja volcano, located between the cantons of Liberia and Upala, made two eruptions Monday, June 1, that reached 2,000 meters...

Johnny Araya wants to connect the GAM electric train with a tram for San José

(QCOSTARICA) One day, possibly in the very near future, Costa Rica, at least in the Greater Metropolitan Area (GAM), could have a modern public...

President Alvarado announces cabinet shakeup

(QCOSTARICA) President Carlos Alvaradothis Thursday announced changes in the ministers of Finance, Communication, and Science and Technology: Rodrigo Chaves, Luis Adrián Salazar and Nancy...

Abandoning ship: 30 Cabinet Minsters Gone in 2 Years

With the latest resignation of three ministers at the same time, the total abandoning the Carlos Alvarado playground is now 30 in his first...

Bus drivers denounce abuse by employer companies

The National Union of specialized and related drivers (SINACOESA) reported that many bus drivers are being abused by their employer companies. According to the...

Reduction in 2021 Marchamo proposed

This week, two bills were presented in the Legislative Assembly this week with the aim of modifying the 2021 Marchamo (vehicle circulation permit), the...

Let's Keep This Going!

To be updated with all the latest news and information about Costa Rica and Latin America.