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Includes updated news on the following issues:
a)
Legislation
Tax Legislation is continuously changing. Therefore, it is essential
to any company to have updated information on the diverse legislative
changes that take place. The Bulletin includes all revisions done
in the field, thus allowing the reader a general vision of what
is going on in the tax legislation.
b) By-Laws
As a necessary complement to tax
law, by-laws are meant to execute, organize or render a service.
Due to the ongoing changes that affect tax legislation, to have
first hand information on tax rulings is a must to any enterprise.
The Bulletin informs about these issues, so the reader has a complete
view of the current tax dynamics.
c) Administrative Decisions
In Costa Rica, according to article
99 of the "Código de Normas y Procedimientos Tributarios"
(Code of Tax Rulings and Procedures), the General Tax Administration
Office (Administración Tributaria) is empowered to rule general
principles that will convey in an adequate application of the law.
The Bulletin includes tax authorities newest resolutions as well
as any variation or implementation of the Tax Administration Office's
opinions.
d) Unconstitutional Rulings
In this country, the Ley de la Jurisdicción
Constitucional (Constitutional Aplication Law) permits the Constitutional
Court to suspend the application of any ruling considered unconstitutional
until the Court has reached a decision. The Bulletin includes information
about the current laws, statutes and rulings affected by the Court's
final judgment and its whereas clauses.
d) Relevant Decisions of
the Constitutional Court
Decisions of the Constitutional
Court are considered of mandatory application erga onmes (to all)
except for the Court itself. Therefore, a good interpretation of
the constitutional legislation, in regards to tax laws, is a plus
for any contributor. The Bulletin provides complete information
concerning tax decisions of the Constitutional Court. In order to
have a clear picture of the decisions and case law references used
by the Court, the reader may look up for more information in this
section.
e) Decisions of the Civil Court
Whereas the Constitutional Court
deals with the correct application and interpretation of the Constitution,
the Civil Court must ensure a correct interpretation of all civil
laws. Therefore, the law of precedent of the Civil Court is essential
in complementing the rulings of the Constitutional Court. The Bulletin
includes complete information concerning tax decisions made by the
Civil Court.
f) Relevant decisions of the Fiscal Administrative Court (Tribunal
Fiscal Administrativo)
This administrative office functions
as a Tribunal in three diferent ways. First, it settles tax issues
between the parties before they go on trial, therefore; a long term
judicial dispute may be avoided. Second, its decisions serve as
guidelines for the parties in order to solve certain future tax
disputes. Finally, the Tribunal can reverse the enforcement of ilegal
by-laws, opinions, agreements and/or decisions. In order to acquaint
the reader with the criterion held by this office, the Bulletin
includes information regarding the most relevant decisions of the
Fiscal Administrative Court.
UPDATED NEWS
Any time new issues concerning taxes
are published in the official newspaper (La Gaceta), Bulletin readers
will have the information posted the same day.
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