Agreement 189-2014 Invoicing System

PURPOSE. The purpose of this Regulation is to develop the provisions contained in Article 57 of Decree No. 17-2010 containing the Law for Strengthening Income, Social Equity and Rationalization of Public Spending, published in the Official Gazette "La Gaceta" on April 22, 2010; as well as what is established in Articles 28, 29 and 30 of Decree No. 51-2003, Tax Equity Law.

SCOPE OF APPLICATION. This Regulation regulates the following:

• 1)

  Fiscal Documents and the Printing Modalities that must be used in the generation and issuance of these documents.

• 2)

  The aspects inherent to the registration, operation and control of printing establishments and self-printers in the Fiscal Registry of Printing Establishments to perform the generation, printing and issuance of fiscal documents, duly authorized by the Executive Revenue Directorate.

• 3)

  The requirements that fiscal documents must meet so that they can be used as accounting support for tax credit, expense or cost and as sustenance for the internal transfer of merchandise.

• 4)

  The control records that must be prepared by taxpayers, as well as the requirements and formalities that these must meet to be valid before the Executive Revenue Directorate.

• 5)

  The special tax treatment for cases that by their nature or particular conditions it is not possible to apply the general treatment.

• 6)

  The formal obligations related to this Regulation and their sanctions in case of non-compliance.

PASSIVE SUBJECTS. The following are Passive Subjects: 1) Natural and juridical persons that carry out taxable or non-taxable economic activities and that are obligated to issue fiscal documents. 2) The institutions and dependencies of the public sector in general, must comply with the provisions of this Regulation, whenever they sell movable property or provide services, except for exceptions established in Special Laws.

DEFINITIONS. For purposes of this Regulation, the following definitions are adopted:

• a)

  Accreditation of Printing Establishment: It is the procedure by which the taxpayer selects and accredits the printing establishments that will request on their behalf the authorizations for printing fiscal documents in pre-printed formats.

• b)

  Self-Printer: It is the taxpayer that has its own devices for printing fiscal documents. This definition includes users of cash register machines, fiscal equipment, computerized and electronic systems.

• c)

  Printing Authorization: It is the act by which the Executive Revenue Directorate authorizes the printing of fiscal documents, granting the printing authorization code and the deadline for issuance.

• d)

  Printing Authorization Code (CAI): It is a code that emerges from the Printing Authorization Procedure, by means of which the Executive Revenue Directorate authorizes printing fiscal documents for a determined period and is granted for each request.

• e)

  Electronic Issuance Authorization Code (CAEE): It is the unique alphanumeric code generated by an algorithm for each fiscal document, from a computerized or electronic system. Said algorithm is administered by the Executive Revenue Directorate (DEI), based on a special number that serves as a key. The information of each fiscal document issued from a computerized or electronic system must be protected by this code.

• f)

  Taxpayer: Natural or juridical persons obligated to issue fiscal documents.

• g)

  Fiscal Equipment: These are self-printing devices authorized by the Executive Revenue Directorate that will allow processing, recording, issuing and electronically storing the fiscal documents generated as a consequence of the sale of goods and the provision of services.

• h)

  Issue Sales Receipts: It is understood as issuing or expediting, the act of emitting and delivering Sales Receipts to buyers.

• i)

  Electronic Invoicing: It is the modality that uses the taxpayer's computer systems, which interacting online with the systems of the Executive Revenue Directorate, allow the generation, issuance, transmission, conservation and control of electronic fiscal documents.

• j)

  Printing Establishment: It is the natural or juridical person that has the activity of printing and that operates as a provider of printing services for fiscal documents.

• k)

  Cash Register Machine: It is a self-printing device that allows calculating and recording commercial transactions, has a closed and isolated program, fiscal memory unit and report screen, also allows entering sales operations and printing a receipt for the buyer.

• l)

  Barcode Matrix: Set of dots that stores the information contained in the fiscal document.

• m)

  Fiscal Registry of Printing Establishments: Registry of natural and juridical persons that have as their economic activity that of printing, authorized by the Executive Revenue Directorate to prepare pre-printed formats of fiscal documents.

• n)

  Simplified Regime of Tax on Sales: It is a Regime that applies to natural or juridical persons that have a single commercial establishment and whose taxable sales do not exceed the amount established in Article 11 of the Sales Tax Law and its reforms, and that does not require the presentation of the Sworn Declaration of the Sales Tax. o) National Tax Registry (RTN): It is the unique identifier of taxpayers subject to the Tax Regime, whose registration is mandatory. p) Point of Issuance: It is the place located within an establishment of the taxpayer declared in the RTN, where the fiscal documents authorized by the Executive Revenue Directorate are issued. There may be one or more points of issuance in each establishment. q) Electronic System: System that uses existing technology for the issuance of electronic invoices, the coverage of services related to the issuance, backup and storage of electronic invoices provided via Internet. Electronic systems provide security in the authentication mechanisms and the quality of electronic invoicing programs and allow exploiting implementation alternatives for electronic solutions aimed at promoting the mass use of electronic invoices. r) Computerized System: It is an information system (hardware and software) developed or acquired by the taxpayer that allows the generation and issuance of fiscal documents in accordance with the specifications contained in this Regulation and that integrates other company functions such as accounting, inventory, personnel, administration, among others. s) Subscription: It is the procedure by which the taxpayer registers, in the Invoicing Regime System of the Executive Revenue Directorate, information of the types of fiscal documents, the printing modalities and the issuance points that it will use. t) Itinerant Sales: These are sales operations carried out by the taxpayer in an ambulatory manner in non-established places, outside their establishments, such as door-to-door sales.

PRINTING AUTHORIZATION BY PRINTING ESTABLISHMENT. The taxpayer will request from the Executive Revenue Directorate, through printing establishments registered in the Fiscal Registry of Printing Establishments, previously accredited by the same, the authorization for printing its fiscal documents. The authorization will be by point of issuance and by type of document. Requests for printing authorization will be made through the DEI Online Tax Portal.

PRINTING AUTHORIZATION BY SELF-PRINTERS. The taxpayer will request directly from the Executive Revenue Directorate, the authorization for printing its fiscal documents through the DEI Online Tax Portal. When taxpayers opt for the self-printer modality in cash register machines, the authorization will be for each device; and those that opt for the self-printer modality by computerized system, the authorization will be for each system and type of fiscal document.

PERIOD OF USE OF AUTHORIZED FISCAL DOCUMENTS. The Executive Revenue Directorate will authorize the printing of fiscal documents, to be used within a maximum period of two (2) years. Fiscal documents will lose their validity when the period has expired and may not be used, requiring a new authorization to be requested. Starting from the second printing authorization, the taxpayer must provide the number of the last fiscal document issued, prior to the request, as referential data.

TAX CONDUCT. Notwithstanding what is provided in the preceding Article, the Executive Revenue Directorate in accordance with the tax conduct of taxpayers, may limit said period or condition the authorization to compliance with the tax obligations of the applicant. The determination of tax conduct will be made considering the following criteria: a) Updated information of the taxpayer in the National Tax Registry b) Compliance with its formal and material obligations c) Exigible debts pending payment d) Administrative processes pending notification by the Executive Revenue Directorate, attributable to the taxpayer. The Executive Revenue Directorate will condition the printing authorization when the taxpayer repeatedly fails to comply with its legally established tax obligations in accordance with the Procedure that it issues. The Executive Revenue Directorate may cancel the validity of the authorizations granted when inconsistencies or alterations are found in the issued documents or in the systems used for their printing, attributable to the taxpayer that issued them.

FISCAL DOCUMENTS. These are the documents that must be used by taxpayers to support activities, operations or transactions that have fiscal effects. Fiscal documents must comply with all provisions established in this Regulation, which are: 1) Sales Receipts 2) Documents Complementary to Sales Receipts.

SALES RECEIPTS. These are documents authorized by the Executive Revenue Directorate, that support the transfer of goods or the provision of services, provided that they meet the requirements and conditions established in this Regulation. The following are considered as such: a. Invoice b. Ticket c. Sales Slip d. Rental Receipt e. Receipt for Fees f. Other sales receipts, authorized by the Executive Revenue Directorate.

DOCUMENTS COMPLEMENTARY TO SALES RECEIPTS. These are documents authorized by the Executive Revenue Directorate, provided that they meet the requirements and conditions established in this Regulation. The following are considered as such: a. Credit Notes b. Debit Notes c. Remission Guides d. Retention Receipts

INVOICE. It is the document that supports the transfer of goods or the provision of services, carried out by taxpayers subject to the Sales Tax, except those of the Simplified Regime of Sales Tax, even when the products transferred are exempt. It will support the tax credit of the Sales Tax and costs or expenses of the Income Tax, provided that they identify the buyer of the goods or user of the service and comply with all requirements established by this Regulation. In the case of exports, as they are taxed with zero rate for the Sales Tax, taxpayers are obligated to issue Invoices.

TICKET. It is the document that supports the transfer of goods and provision of services, carried out by taxpayers of the Sales Tax and subjects of the Simplified Regime of Sales Tax, issued exclusively for final consumers through authorized cash register machines by the Executive Revenue Directorate. The ticket may not support tax credit of the Sales Tax, nor costs and expenses for the Income Tax. In cases where the buyer requires supporting tax credit of the Sales Tax, or costs or expenses of the Income Tax, the seller must issue an invoice.

SALES SLIP. It is the document that supports the transfer of goods and provision of services carried out by taxpayers that belong to the Simplified Regime of Sales Tax or by those taxpayers not subject to the Sales Tax. It will support costs or expenses of the Income Tax, provided that they identify the buyer of the goods or user of the service and comply with all requirements established by this Regulation. In no case may Sales Slips be used to support tax credit of the Sales Tax.

RENTAL RECEIPT. It is the document used by natural persons to support the leasing of real estate intended for housing or for commercial premises whose rental does not exceed the amount established in Article 15) subsection f) of the Sales Tax Law. The Rental Receipt may be used solely to support costs or expenses of the Income Tax, provided that they identify the tenant and comply with all requirements established by this Regulation. Taxpayers subject to the Sales Tax that lease real estate must issue the corresponding invoice.

RECEIPT FOR PROFESSIONAL FEES. It is the document that supports income from professional fees of natural persons for the provision of services rendered in the exercise of any profession, art, science or trade, which are not subject to Sales Tax. The Receipt for Professional Fees may be used solely to support costs or expenses of Income Tax, provided that they identify the purchaser and comply with all requirements established by this Regulation.

CREDIT NOTE. It is an accounting document linked to a sales voucher that allows the cancellation of operations, acceptance of returns and the granting of discounts effected after the issuance of the corresponding sales voucher.

DEBIT NOTE. It is an accounting document linked to a transaction contained in a sales voucher that allows the recovery of costs or expenses related to such transaction, incurred by the seller after the issuance of the corresponding sales voucher.

SHIPPING GUIDE. It is the document that supports the transfer of merchandise within national territory, for any reason and merchandise located in warehouses or storage facilities, provided that they comply with all requirements established in this Regulation. The Shipping Guide does not replace the documents required by institutions other than the Executive Directorate of Revenue for the transfer of products or goods that by their nature require special documentation. For the transport of imported goods, once all customs formalities have been completed that allow the nationalization of such goods, or entry into the country under the special regimes provided for in the customs regulations, the transfer within national territory shall be effected with the corresponding Shipping Guide. The transfer of merchandise intended for export, within national territory and to customs areas, shall be effected with the corresponding Shipping Guide. The Executive Directorate of Revenue shall establish the requirements and conditions to which the transfer of merchandise that has not yet been nationalized shall be adjusted, from one customs territory to another, for any reason; as well as merchandise in international transit. The Shipping Guide may be issued by the seller, the buyer, the carrier, the possessor of the merchandise at the beginning of transfer and in the case of imports, also by the Customs Agent.

WITHHOLDING VOUCHER. It is the tax document that certifies tax withholdings carried out by Withholding Agents, in compliance with the provisions of the current regulations.

OTHER SALES VOUCHERS. They are documents whose printing does not require authorization by the Executive Directorate of Revenue, except as it may otherwise provide through General Agreement:

• 1)

  Receipts issued by public utility companies under control and regulation of the State and the Municipalities.

• 2)

  Documents issued by companies in the financial system and insurance companies that are under the regulation of the National Banking and Insurance Commission.

• 3)

  Documents supporting payments of Rates established by the State and the Municipalities.

• 4)

  Documents authorized by the Executive Directorate of Revenue that support the importation of merchandise.

• 5)

  Tickets issued by companies for air passenger transportation service.

• 6)

  Documents issued by State institutions in the provision of administrative services.

• 7)

  Others that the Executive Directorate of Revenue expressly authorizes through General Agreement. Other sales vouchers shall allow the exercise of the right to the Sales Tax credit, cost or expense of Income Tax, in cases that correspond, provided that they identify the issuer and purchaser with their National Tax Registration, surnames and names or business name, itemize taxes by rates or tariffs and contain the issuance date.

BASIS FOR TAX CREDIT, COSTS OR EXPENSES. To exercise the right to the Sales Tax credit and costs or expenses of Income Tax, only sales vouchers that identify the purchaser or user with their National Tax Registration, surnames and names or business name and comply with the other requirements established in this Regulation shall be considered valid.

PRINTING BY PRINTING SHOP. This method allows the issuance of tax documents using Pre-printed formats by a printing shop duly registered and authorized in the Fiscal Registry of Printing Shops, which for their issuance may be completed manually or by other means.

PRINTING BY SELF-PRINTERS. This method allows the printing and issuance of documents by the taxpayer itself using cash registers, fiscal equipment, computerized systems and electronic systems, referred to in Articles 25, 26, 27 and 28 of this Regulation.

CASH REGISTERS. It allows the printing and issuance of tickets. Cash Registers must be registered as Self-Printing Devices, complying with the following technical specifications: 1. Closed program that does not allow modifications or alterations of factory programs, such as modification of data in the cash register number, self-generated consecutive number, consecutive number of Z totals (total daily sales) and grand total (total sales since the cash register was first used). 2. Fiscal Memory Unit affixed to the cash register body in a fixed manner with data storage capacity. 3. Screen that facilitates the obtaining of the Fiscal Memory Report. 4. Tape or copy for audit of the tickets issued, cancelled and correction or return operations. 5. Device for entering sales operations.

FISCAL EQUIPMENT. This printing method shall be carried out through fiscal equipment expressly authorized by the Executive Directorate of Revenue that will allow processing, recording, issuing and electronically storing the tax documents generated as a result of the sale of goods and the provision of services. Fiscal Equipment includes: a) Fiscal Cash Register: An autonomous electronic device that contains from the factory a permanent, fixed and unalterable memory that permanently registers various identification data, the total value of the acts or activities performed and the total amount of taxes and that meets the requirements demanded of Fiscal Equipment. b) Fiscal Printer: It is a printer compatible with personal computers or similar equipment that contains from the factory a permanent, fixed and unalterable memory that permanently registers various identification data, the total value of the acts or activities performed and the total amount of taxes and that meets the requirements demanded of Fiscal Equipment. The Fiscal Printer shall be capable of recognizing and executing only a series of declared commands, limited to the printing of tax documents, according to the requirements established by the corresponding Regulation. The Executive Directorate of Revenue shall establish through Agreement the date of implementation, procedures, requirements, conditions and obligations associated with this method, the requirements that Fiscal Equipment and their suppliers must meet.

BY COMPUTERIZED SYSTEM. This printing method shall be performed using the information system developed or acquired by the taxpayer itself, allowing the printing and issuance of tax documents, in accordance with the following minimum specifications: 1. The billing system must be integrated to at least an accounting or inventory system. 2. The software used must have security mechanisms and audit controls. 3. The software must guarantee the persistence and immediate availability of current and historical information of transactions performed. 4. The system must allow the incorporation of the Electronic Emission Authorization Code Generator (CAEE) and the Bar Code Matrix. The taxpayer must provide information on the characteristics of the software used and must assume the commitments and conditions that the Executive Directorate of Revenue establishes through the respective Procedure. For this method, taxpayers must register as self-printers, register the computerized system and have it been adapted and certified by the Executive Directorate of Revenue to generate the Electronic Emission Authorization Code (CAEE) and the Bar Code Matrix for each tax document issued. The Executive Directorate of Revenue may develop a computerized system for the printing and issuance of tax documents for those taxpayers who do not have their own system.

BY ELECTRONIC SYSTEMS. In this method the information systems of the taxpayers shall interact online with the information systems of the Executive Directorate of Revenue, or of third parties that it defines, for the purpose of requesting the generation and issuance of authorized tax documents. The Executive Directorate of Revenue shall establish through Agreement the date of implementation, procedures, requirements, conditions and obligations associated with this method.

MEASURES FOR CONTINGENCIES. Taxpayers who opt for the methods of printing tax documents supported by cash registers, fiscal equipment, computerized or electronic systems, in case of any contingency, system failure or other, must have pre-printed sales vouchers by an authorized printing shop.

GRADUAL INCORPORATION OF TAXPAYERS. The Executive Directorate of Revenue shall notify taxpayers that they must incorporate into the printing methods by Fiscal Equipment and by electronic system in a mandatory manner, from the date that it establishes.

REGISTRATION OF PRINTING ESTABLISHMENTS. Natural and legal persons engaged in the printing activity and operating as suppliers of printing of tax documents shall register in the Tax Registry of Printing Establishments, in accordance with the requirements and procedures established in this Regulation. Registration in the Tax Registry of Printing Establishments and the processing of requests for printing of tax documents shall be conducted through the Tax Portal "DEI on Line".

REQUIREMENTS FOR REGISTRATION OF PRINTING ESTABLISHMENTS. Natural or legal persons may request registration in the Tax Registry of Printing Establishments if they meet the following general requirements:

• 1)

  Be registered in the National Tax Registry.

• 2)

  Have as principal or secondary economic activity "Printing Activities", registered in the National Tax Registry.

• 3)

  Have updated information of the tax domicile address, telephone number and email address in the National Tax Registry.

• 4)

  Have no outstanding tax obligations pending fulfillment.

• 5)

  Have permanent access to the internet.

• 6)

  Have the necessary printing machinery for the complete preparation of tax documents in their facilities, whether owned or exclusively leased.

• 7)

  Adhere to the Tax Portal "DEI on line" to register as an authorized printing establishment and request authorizations for printing tax documents from the Executive Tax Revenue Directorate.

• 8)

  Pass the printing authorization tests established for such purpose by the Executive Tax Revenue Directorate.

OBLIGATIONS OF PRINTING ESTABLISHMENTS. The printing establishments registered in the Tax Registry of Printing Establishments shall have the following obligations:

• 1)

  Verify the identity of the taxpayer or his legal representative requesting the printing of tax documents, requesting the Identity Card, from which a copy shall be filed attached to the request.

• 2)

  Request authorization from the Executive Tax Revenue Directorate for printing of tax documents for each request received from the taxpayer, complying with the procedures it defines.

• 3)

  Require the taxpayer's compliance with respect to the information contained in the printing authorization generated by the Executive Tax Revenue Directorate, prior to printing.

• 4)

  Perform the printing work for the total number of tax documents authorized by the Executive Tax Revenue Directorate, complying with the requirements and characteristics established in this Regulation and with the information indicated in the corresponding printing authorization.

• 5)

  Inform the Executive Tax Revenue Directorate at the time of delivery of the printing work to the taxpayers, and must file the delivery receipt.

• 6)

  Inform the Executive Tax Revenue Directorate of printing work that has not been claimed by the taxpayers.

• 7)

  Allow access by personnel authorized by the Executive Tax Revenue Directorate to their facilities for the purpose of verifying the correct execution of printing work of tax documents and the requirements and conditions established in this Regulation.

• 8)

  Comply with their formal and material tax obligations.

• 9)

  Issue sales vouchers for the services they provide.

• 10)

  Keep updated their tax domicile, the establishments where they operate, and the principal or secondary economic activity in the National Tax Registry.

• 11)

  Preserve for a period of five (5) years in organized and chronological form the printing requests and delivery receipts of the printed tax documents. Said period shall be counted from the date of delivery of the printed tax documents.

PROHIBITIONS OF PRINTING ESTABLISHMENTS. The printing establishments registered in the Tax Registry of Printing Establishments shall have the following prohibitions:

• 1)

  Print documents with the denominations of tax documents defined in this Regulation that require authorization from the Executive Tax Revenue Directorate, without having the printing authorization.

• 2)

  Reprint for any reason tax documents already prepared and previously delivered.

• 3)

  Print tax documents that have been reported as not completed by the printing establishment to the Executive Tax Revenue Directorate.

• 4)

  Replace tax documents that have been lost, stolen, or damaged before their delivery to taxpayers.

• 5)

  Perform printing work of tax documents whose printing has been authorized by the Executive Tax Revenue Directorate to another printing establishment.

• 6)

  Subcontract other persons to perform printing work of tax documents, partially or in full.

CONTROL OF PRINTING ESTABLISHMENTS. The Executive Tax Revenue Directorate shall perform controls on printing establishments to verify compliance with the obligations and prohibitions established in this Regulation.

SUSPENSION OF AUTHORIZATION FOR PRINTING OF TAX DOCUMENTS. The Executive Tax Revenue Directorate may suspend authorizations to print tax documents to those printing establishments that fail to comply with the obligations described in Article 33 of this Regulation. Suspension implies the inability to perform new printing work of tax documents for a period of three (3) months, except for work in process authorized by the Executive Tax Revenue Directorate prior to the suspension, which may be printed or canceled. The suspension of authorizations for printing of tax documents may be lifted before the established period, once the Executive Tax Revenue Directorate verifies that the printing establishment has corrected its inconsistencies.

CANCELLATION OF AUTHORIZATION FOR PRINTING OF TAX DOCUMENTS. The Executive Tax Revenue Directorate shall definitively cancel the authorizations to print tax documents to printing establishments when any of the following grounds are verified: 1) The authorized printing establishment has accumulated three (3) suspensions in one (1) year. 2) The authorized printing establishment has a Report issued by the Executive Tax Revenue Directorate that reveals it obtained its registration in the Tax Registry of Printing Establishments by providing false information or that has incurred in any of the prohibitions established in Article 34 of this Regulation. Cancellation implies the removal of the printing establishment from the Tax Registry of Printing Establishments for a period of five (5) years. In case there are works in process authorized by the Executive Tax Revenue Directorate prior to the moment of cancellation, the printing or cancellation of the same shall be permitted. In case the National Tax Registry of the authorized printing establishment changes status from active to inactive, whether at its request or ex officio by the Executive Tax Revenue Directorate, it shall be removed from the Tax Registry of Printing Establishments.

MODALITIES FOR PRINTING OF TAX DOCUMENTS. Taxpayers shall request before the Executive Tax Revenue Directorate the subscription to the printing modalities they will use for the tax documents they will issue, as well as for the establishments and the points of issue where they will issue tax documents.

PRINTING MODALITY BY PRINTING ESTABLISHMENT. Taxpayers who choose to issue tax documents through the printing establishment printing modality shall select from the Tax Registry of Printing Establishments those that will perform the printing work of their tax documents.

MODALITY OF SELF-PRINTERS. Taxpayers who choose to print and issue tax documents as self-printers shall subscribe as such in the Tax Billing Regime System through the Tax Portal DEI on Line. Self-printers who opt for the use of Cash Registers shall register each device that has previously complied with the technical characteristics established in Article 25 of this Regulation and the establishment where each piece of equipment is installed. Self-printers who opt for the use of Computerized Systems shall register each computerized system that has previously complied with the technical characteristics established in Article 27 of this Regulation, in order to identify the type of system, the establishment where the server is located, and the different points of issue. For such purpose, Computerized Systems may be of two types: 1) Independent Computerized System: A computerized system is understood to be independent when it is installed in a device located at the taxpayer's tax domicile and each Self-printing Device uses a billing system independently. In this case, each piece of equipment shall operate with a different printing authorization for each Self-printing Device. 2) Networked Computerized System: It is understood as a Networked Computerized System when the issuance of tax documents at different points of sale originates from a single server. It may present the following variants:

• a)

  Centralized System: The generation of tax documents from all its points of issue originates from a single Computerized System at the national level. In this case it shall operate with the same printing authorization, without prejudice to the main office or branches.

• b)

  Regional System: The generation of tax documents from the points of issue of various branches that are located in the same region originates from a single Computerized System at the regional level. In this case it shall operate with a printing authorization for each region.

• c)

  System by Branch: The generation of tax documents from the points of issue of a branch originates from a Computerized System of that branch. In this case it shall operate with a printing authorization per branch, independently of the number of points of issue it has.

REQUIREMENTS FOR THE FORMAT OF THE INVOICE, SALES RECEIPT, RENTAL RECEIPT, PROFESSIONAL FEES RECEIPT, WITHHOLDING VOUCHER, CREDIT NOTE AND DEBIT NOTE. 1. Identification and location data of the Taxpayer, registered in the RTN:

• a)

  National Tax Registry;

• b)

  Surnames and names, Business Name or Trade Name, as applicable. Natural persons may substitute their surnames and names for the commercial name registered in the National Tax Registry (RTN);

• c)

  Commercial Name (if applicable);

• d)

  Address of the main office and of the establishment where the point of issue is located. Optionally, the total of the taxpayer's various registered establishments may be indicated; and, e) Telephone number. 2. Denomination of the document: Invoice, Sales Receipt, Rental Receipt, Professional Fees Receipt, Withholding Voucher, Credit Note or Debit Note, as applicable. 3. Printing Authorization Code (CAI) issued by the Executive Tax Revenue Directorate. 4. Deadline for issuance, corresponding to the current printing authorization in accordance with Article 7 of this Regulation. 5. Sequential number of the Tax Document, shall consist of fourteen (14) digits (NNNN-NN-NNNNNNNN), which are detailed as follows: a) The first four digits shall identify the point of issue, based on the code assigned by the Executive Tax Revenue Directorate at the time of subscription; b) The following two digits shall identify the code of the tax document according to the following detail: 01 = Invoice, 02 = Sales Receipt, 03 = Rental Receipt, 04 = Professional Fees Receipt, 05 = Withholding Voucher, 06 = Credit Note, 07 = Debit Note; and, c) The remaining eight digits shall correspond to the sequential numbering that must begin at one (00000001) and once the eight digits (99999999) are completed, the sequential numbering must restart. 6. Destination of copies: a) Original: Buyer, user, purchaser, or person withholding; and, b) Copy: Issuing taxpayer. 7. Data of the printing establishment, for the printing establishment printing modality:

  • a)

    Surnames and names, Commercial Name, Business Name or Trade Name, as applicable;

  • b)

    National Tax Registry; and,

  • c)

    Number of Authorization Certificate from the Tax Registry of Printing Establishments. 8. Electronic Issuance Authorization Code (CAEE) and barcode matrix, for the self-printer modality by Computerized System. 9. In addition to the minimum requirements, the taxpayer may include additional information of business interest, such as: logo, slogan, email, website, and others. Taxpayers who subscribe to the self-printer modality by computerized system may print the information indicated in the preceding numerals at the time of issuance of the tax document.

REQUIREMENTS TO BE COMPLETED AT THE TIME OF ISSUANCE OF THE INVOICE, SALES RECEIPT, RENTAL RECEIPT, PROFESSIONAL FEES RECEIPT, WITHHOLDING VOUCHER, CREDIT NOTE AND DEBIT NOTE. 1) Invoice: When the sale is made to taxpayers who require supporting credit, costs or expenses:

• a)

  Surnames and names, Business Name or Trade Name of the buyer or user, as applicable;

• b)

  National Tax Registry of the buyer or user;

• c)

  Detailed description of the goods sold or type of service provided;

• d)

  Quantity of units sold;

• e)

  Unit value of the goods sold or type of service provided;

• f)

  Discrimination of exempt values and those subject to zero rate, when applicable;

• g)

  Subtotals subject to taxes discriminated by rate, percentage or fee;

• h)

  Discrimination of taxes by rate, percentage or fee;

• i)

  Sign or literal denomination of the National Currency Lempira;

• j)

  Total amount in literal and numerical form of the transaction performed; and, k) Date of issuance. When the sale is made to final consumers: a) In the space designated to indicate the surnames and names, Business Name or Trade Name of the buyer or user, it shall be mandatory to enter "FINAL CONSUMER"; b) Detailed description of the goods sold or type of service provided; c) Quantity of units sold; d) Unit value of the goods sold or type of service provided; e) Sign or literal denomination of the National Currency Lempira; f) Total amount of the transaction performed; and, g) Date of issuance. When the sale of goods or provision of services is made to Final Consumer and exceeds the sum of ten thousand Lempiras (L. 10,000.00), the buyer's data must be mandatorily indicated, showing the buyer's names and surnames, the type and number of identification document in the space designated for the RTN. 2) Sales Receipt: a) Surnames and names, Business Name or Trade Name of the buyer or user, as applicable; b) National Tax Registry of the buyer or user; c) Detailed description of the goods sold or type of service provided; d) Quantity of units sold; e) Unit value of the goods sold or type of service provided; f) Sign or literal denomination of the National Currency Lempira; g) Total amount in literal and numerical form of the transaction performed; and, h) Date of issuance. When the sale of goods or services is made to Final Consumer, in the space designated to indicate the surnames and names or the business name of the buyer, it shall be mandatory to enter "FINAL CONSUMER". If it exceeds the sum of ten thousand Lempiras (L. 10,000.00), the buyer's data must be mandatorily indicated, showing the buyer's names and surnames, the type and number of identification document in the space designated for the RTN. 3) Rental Receipt: a) Surnames and names, Business Name or Trade Name of the lessee; b) National Tax Registry of the lessee; c) Detailed description of the rental concept; d) Address of the house or leased establishment; e) Amount of the rental; and, f) Date of issuance. When the lessee does not have a National Tax Registry, the type and number of identification must be indicated in the space designated to indicate the RTN number. 4) Professional Fees Receipt: a) Surnames and names, Business Name or Trade Name of the service acquirer; b) National Tax Registry of the acquirer, when applicable; c) Detailed description of the Service Provided; d) Amount of fees received; and, e) Date of issuance. When natural persons do not have a National Tax Registry, the type and number of identification must be indicated in the space designated to indicate the RTN number. 5) Withholding Voucher: A Withholding Voucher shall be issued for each tax withheld with the following information:

  • a)

    Surnames and names, Business Name or Trade Name of the subject to withholding.

  • b)

    National Tax Registry of the subject to withholding.

  • c)

    Concept of the Withholding.

  • d)

    Data of the Sales Voucher that supports the transaction subject to withholding, when applicable: - Printing Authorization Code (CAI). - Sequential number of the voucher. - Electronic Issuance Authorization Code, when applicable. - Date of issuance of the Sales Voucher.

  • e)

    Taxable Base.

  • f)

    Description of the withheld tax.

  • g)

    Rate, percentage or fee of the withholding, when applicable.

  • h)

    Total amount withheld.

  • i)

    Signature of the authorized responsible person and seal of the withholding agent.

  • j)

    Date of issuance. 6) Credit Note a) Surnames and names, Business Name or Trade Name of the acquirer. b) National Tax Registry of the acquirer. c) Data of the Sales Voucher that gives rise to the Credit Note: - Printing Authorization Code (CAI). - Sequential number of the voucher. - Electronic Issuance Authorization Code, when applicable. - Date of issuance of the Sales Voucher. d) Reason for issuance of the document. e) Total amount of the modification of the voucher. f) Tax associated with the modification of the voucher. g) Surnames, names, number of identification and signature of the person receiving the Credit Note. h) Date of issuance. 7) Debit Note a) Surnames and names, Business Name or Trade Name of the acquirer. b) National Tax Registry of the acquirer. c) Data of the Sales Voucher that gives rise to the Debit Note: - Printing Authorization Code (CAI). - Sequential number of the voucher. - Electronic Issuance Authorization Code, when applicable. - Date of issuance of the Sales Voucher. d) Reason for issuance of the document. e) Total amount. f) Date of issuance.

REQUIREMENTS FOR TICKETS ISSUED BY CASH REGISTER.

• a)

  Identification and location data of the Issuing Taxpayer, registered in the RTN: i. National Tax Registry. ii. Surnames and names, Business Name or Trade Name, as applicable. Natural persons may substitute their surnames and names for the commercial name registered in the RTN. iii. Commercial Name (if applicable). iv. Complete or simplified address of the establishment where the cash register is located.

• b)

  Denomination "Ticket".

• c)

  Printing Authorization Code (CAI) issued by the Executive Tax Revenue Directorate.

• d)

  Sequential numbering auto-generated by the cash register, which must consist of at least four digits, and must use up to the last number before returning to zero.

• e)

  Description or code of the goods sold or type of service provided.

• f)

  Quantity of units sold.

• g)

  Amount of the transaction.

• h)

  Date of issuance.

• i)

  The ticket must be issued in original and the copy on the audit tape: i. Original: Buyer, user or acquirer. ii. Copy: Issuing taxpayer.

REQUIREMENTS FOR DISPATCH GUIDES. 1) Requirements for the Format of the Dispatch Guide: a) National Tax Registry of the issuer. b) Surnames and names, Business Name or Trade Name, Commercial Name of the issuer. Natural persons may substitute their surnames and names for the commercial name registered in the RTN. c) Denomination of the document: "Dispatch Guide". d) Printing authorization code (CAI) issued by the Executive Tax Revenue Directorate. e) Sequential number of the document. It shall consist of fourteen (14) digits (NNNN-NN-NNNNNNNN), which are detailed as follows: i. The first four digits shall identify the point of issue based on the code assigned by the Executive Tax Revenue Directorate at the time of subscription. ii. The following two digits shall identify the code of the tax document according to the following detail: 08 = Dispatch Guide. iii. The remaining eight digits shall correspond to the sequential numbering that must begin at one (00000001) and once the eight digits (99999999) are completed, the sequential numbering must restart. f) Tax domicile and issuing establishment address. g) Deadline for issuance. h) Destination of copies: i. Original: Must be delivered to the recipient with the legend: "Recipient". ii. Copy 1: For the issuer, with the legend: "Issuer". iii. Copy 2: Must be delivered in the controls performed by the Executive Tax Revenue Directorate, with the legend: "Executive Tax Revenue Directorate" or "DEI". i) Data of the printing establishment, for the printing establishment printing modality: i. Surnames and names, Commercial Name, Business Name or Trade Name, as applicable. ii. National Tax Registry. iii. Number of Authorization Certificate from the Tax Registry of Printing Establishments. j) Electronic Issuance Authorization Code (CAEE) and barcode matrix for the self-printer modality by Computerized System. 2) Requirements to be completed at the time of issuance of the Dispatch Guide. In the dispatch guides, the following information shall be included at the time of issuance: a) Identification of the shipper, when the dispatch guide has been issued by the carrier: i. National Tax Registry or identification number. ii. Surnames and names, Business Name or Trade Name. b) Complete address of the departure point. c) Identification of the recipient of the merchandise: i. National Tax Registry or identification number. ii. Surnames and names, Business Name or Trade Name. d) Complete address of the destination point. e) Identification of the carrier of the merchandise: i. National Tax Registry or identification number. ii. Surnames and names, Business Name or Trade Name. f) Identification of the driver: i. Identification number. ii. Surnames and names. g) Identification data of the transport vehicle: i. Brand and license plate number of the vehicle. If it is a combination, the license plate numbers of the truck, trailer and the cargo trailer shall be indicated. h) Detailed description of the merchandise transported; this information may be detailed in an annex to the dispatch guide, in which the number of pages of the annex shall be indicated. i) Quantity of merchandise transported. j) Reason for transfer: i. Sale; ii. Consignment; iii. Export; iv. Purchase; v. Import; vi. Return; vii. Transfer between establishments of the same taxpayer; viii. Transfer of goods for processing; ix. Transfer of goods for repair; x. Transfer by mobile issuer sale; xi. Display or demonstration; xii. Participation in fairs; xiii. Other, the reason different from those mentioned above shall be expressly indicated. xiv. The reasons for transfer that are not used by the taxpayer may be omitted from the format. k) Type, authorization number, numbering and date of issuance of the sales voucher or import document, when the reason for the transfer is as indicated in numerals i), iii), iv), v), vi), x) of the preceding subsection. l) Start and completion date of transfer. 3) Special Cases of the Dispatch Guide:

• a)

  In the case of products intended for itinerant sale, the numbers of the respective sales vouchers shall be recorded in the dispatch guide following each sales operation.

• b)

  When more than one means of transport is used, this fact and the detail of the route shall be recorded in the dispatch guide, with the identification of the respective carriers.

• c)

  When the transfer is made together with the sales voucher, the latter may cover the transport of the merchandise provided it includes the information related to the departure point, the destination point, the dates on which the transport operation is carried out, the identification of the carrier and driver.

• d)

  When the transport of merchandise cannot be completed in the originally planned manner, this fact must be recorded in the dispatch guide, with an indication of the reasons.

• e)

  The Executive Tax Revenue Directorate shall opportunely establish the mandatory use of electronic dispatch guides.

PRINTING AND ISSUANCE OF THE TAX DOCUMENT. As a general rule, the materials and colors used for the preparation of originals and physical copies of tax documents shall allow the information established for such purpose to be recorded in a clear, legible, precise and permanent manner. They shall not present erasures, strikeouts or amendments. Tax documents may not be issued on thermal paper except in the self-printer modality by cash register. The documents shall be completed simultaneously in original and copies through the use of carbon paper, carbonated or chemical self-copying paper. When documents are issued through computerized systems, the use of carbon paper, carbonated or chemical self-copying paper shall not be mandatory, provided that the programs allow the issuance of the copy simultaneously or consecutively to the issuance of the original. In all issuances, the copies must be identical to the original. In the case of pre-valued formats, the copy of the formats intended for the issuer may be removable, and must contain the same information as the original format.

POINTS OF ISSUANCE. These are the places where the fiscal documents referred to in this Regulation are issued. Taxpayers may establish one or more points of issuance in each establishment registered in the RTN, in accordance with their operational needs. Points of issuance may be: a) Fixed: those points of issuance located within the taxpayer's establishments. b) Mobile: those points of issuance used for itinerant sales, such as door-to-door or through vehicles, among others. The points of issuance shall be declared for each of the establishments. TITLE VIII SPECIAL CASES OF SALES VOUCHERS

PREPRICED FORMATS. These are sales vouchers, prepared by authorized printing companies, that contain the value of the good or service in preprinted form and do not require the entry of the buyer's identification data at the time of issuance insofar as they are goods and services for final consumers, provided that they comply with all the requirements established in Article 40 of this Regulation. These formats may be used by taxpayers that generally market services or mass consumption products with fixed prices, such as: permanent or temporary public events with a predetermined date, permanent public events with continuous performance, or similar.

PRINTING ABROAD. This characteristic shall apply only to prepriced formats in invoices and sales receipts, when due to their technical peculiarities they must be printed abroad, prior to authorization from the Executive Revenue Office.

OBLIGATION TO ISSUE SALES VOUCHERS. To extend or issue is understood as the act of issuing and delivering Sales Vouchers to the purchasers. Natural and legal persons who transfer goods or render services of any nature are obligated to extend the sales vouchers referred to in this Regulation. This obligation applies even when the transfer of goods or rendering of services is not subject to taxes or is carried out gratuitously. In operations with final consumers whose total sale amount does not exceed fifty Lempiras (L. 50.00), it shall not be necessary to extend the sales voucher at the time, except when the purchaser of the good or service requests it. At the end of the day, all these sales shall be recorded in a single invoice or sales receipt, as applicable. This exception does not apply to taxpayers subscribed to the modalities of cash register machine self-printers and computerized systems. Taxpayers whose sales of goods or services are subject to the Sales Tax may only extend Invoices and Tickets. Taxpayers that belong to the Simplified Regime of the Sales Tax may only extend Sales Receipts and Tickets. Taxpayers whose sales of goods and services are not subject to the Sales Tax may only extend: Sales Receipts, Tickets, Rental Receipts, and Professional Fees Receipts.

TIMING FOR ISSUING SALES VOUCHERS.

• 1)

  In the sale of goods, at the time of delivery of the good or when full or partial payment is made, whichever occurs first.

• 2)

  In the case that the sale is made through the internet, telephone, fax or other similar means, in which payment is made through Credit Card, Debit Card or Deposit in the seller's Bank Account, prior to delivery of the good, the sales voucher shall be issued on the date the payment was made, and delivered together with the good.

• 3)

  At the time the good or service is allocated for use or personal consumption of the taxpayer or company personnel by the total amount of the good.

• 4)

  In the rendering of services, at the moment the rendering of services is completed; when full or partial payment of the service is received; at the expiration of the term fixed or agreed for its payment, whichever occurs first.

• 5)

  When one or both contracting parties are not located in the place where the issuance took place, it shall be the responsibility of the issuer that the original of the sales voucher reaches the possession and control of the buyer, using the most convenient and appropriate means of sending for the fulfillment of said task.

OBLIGATION TO EXTEND RETENTION VOUCHERS. Natural and legal persons who have been appointed as Withholding and Collection Agents in accordance with the Law are obligated to extend retention vouchers. The Retention Voucher shall be extended at the time of making the payment, or the corresponding collection. In the case of credit and debit card administrators and issuers, they shall issue the retention voucher at the end of each month and deliver it within five (5) days of the following month after the withholding has been made. Employers shall not be obligated to extend Retention Vouchers for withholdings from their permanent workers. In these cases the withholding shall appear in the corresponding payment receipt. ARTICLE 52: OBLIGATIONS TO ISSUE AND CARRY REMITTANCE GUIDE. The remittance guide shall accredit the lawful origin of the merchandise, when the information recorded in it is truthful, refers to legitimate, valid documents, and the data expressed in the Remittance Guide agrees with the merchandise that is actually transported. Remittance Guides shall be issued prior to the transfer and shall accompany the merchandise in transit throughout the entire journey. Goods in warehouse or storage shall be supported by the Remittance Guide that supported their transfer, for any reason or with the corresponding sales voucher.

OBLIGATIONS TO ISSUE AND CARRY REMITTANCE GUIDE. The remittance guide shall accredit the lawful origin of the merchandise, when the information recorded in it is truthful, refers to legitimate, valid documents, and the data expressed in the Remittance Guide agrees with the merchandise that is actually transported. Remittance Guides shall be issued prior to the transfer and shall accompany the merchandise in transit throughout the entire journey. Goods in warehouse or storage shall be supported by the Remittance Guide that supported their transfer, for any reason or with the corresponding sales voucher.

OBLIGATION TO VERIFY THE VALIDITY OF SALES VOUCHERS. Taxpayers shall be responsible for verifying the validity of the fiscal documents that support sales tax credit and costs or expenses of the Income Tax, through the means made available by the Executive Revenue Office.

OBLIGATION TO COMMUNICATE TO THE EXECUTIVE REVENUE OFFICE THE TEMPORARY USE OF FISCAL DOCUMENTS. Taxpayers shall communicate the temporary use of fiscal documents, whose printing was previously authorized by the Executive Revenue Office, in the following cases:

• 1)

  When the address of the issuing establishment, the head office, is changed, or the commercial name of the taxpayer has been modified, provided that such changes have been declared in the National Tax Registry (RTN).

• 2)

  When the documents are used in fairs, events or temporary exhibitions in which case the information of the location of the fair, event or exhibition shall be recorded in any manner in the documents that are issued.

• 3)

  In all cases of temporary use, the new data of the document that were modified shall be recorded in a legible manner and by any mechanism.

ANNULLED FISCAL DOCUMENTS. In case of issuance of fiscal documents with errors, these may be annulled, recording in them the legend "ANNULLED" in handwritten or printed form. It shall be the entire responsibility of the taxpayers to safeguard in chronological form for the term of the statute of limitations the original and copy of the annulled fiscal documents.

UNUSED FISCAL DOCUMENTS. Taxpayers shall communicate to the Executive Revenue Office, through the Tax Portal "DEI Online", the non-use of fiscal documents, within the first ten (10) calendar days of the month following the occurrence of the events mentioned below:

• 1)

  When the expiration of the term of validity of the printing authorization occurs;

• 2)

  Due to modifications in the taxpayer's data recorded in the fiscal documents;

• 3)

  Due to closure of the establishment where the fiscal document is extended;

• 4)

  Due to closure of the point of issuance;

• 5)

  Due to deterioration of the fiscal documents that prevents their use;

• 6)

  Due to theft or loss of fiscal documents;

• 7)

  Due to cessation of operations of the taxpayer;

• 8)

  Due to errors in requirements detected after the delivery of documents by the printing companies that made their printing;

• 9)

  Due to prepriced formats that have not been used in public events;

• 10)

  Due to printed documents that were not withdrawn from the printing companies that prepared them. In this case the communication shall be presented by the printing company through the tax portal "DEI Online", if the documents they prepared were not withdrawn within a period of three (3) months; and,

• 11)

  In cases of theft or loss of documents, the taxpayer within forty-eight (48) hours of the occurrence of the event shall file the corresponding police report. The report shall include the type of document, printing authorization code, and its numbering. After having communicated the non-use of fiscal documents to the Executive Revenue Office, it shall be the responsibility of the taxpayer to destroy the documents. Fiscal documents that have not been reported as unused shall be considered as issued and therefore subject to what is established in the Tax Code and other applicable regulations.

CUSTODY OF DOCUMENTATION. Taxpayers have the obligation to keep fiscal documents on file for the term of the statute of limitations established in the Tax Code. These shall be available to the Executive Revenue Office, when it requests them. In the Sales Vouchers, the first copy shall be allocated to the file. In the case of sales vouchers issued at the end of the day for transactions under fifty Lempiras (L. 50.00), the original of the document shall be filed together with the copy. The original of the Remittance Guides shall remain in the possession of the recipient. The issuer of the Remittance Guide, shipper of the merchandise or carrier, shall file the first copy in sequential order. In the case of the carrier, it shall attach to the copy of the Remittance Guide a copy of the Sales Voucher issued for the service rendered. The copy for the Executive Revenue Office shall accompany the original Remittance Guide and the merchandise. This copy may be withdrawn during the transfer by officials of the Executive Revenue Office; otherwise the recipient of the merchandise shall file it together with the original, for the term of the statute of limitations. In the case of Tickets, the audit tapes shall be filed for each of the cash registers. Corrections, annulments or cancellations of operations performed shall be supported by the respective original Tickets of the annulled operations and the annulment Tickets issued by the cash register in the modified operations, which shall be filed. The filing of the documents indicated in the foregoing paragraphs and of those supporting the acquisitions of the taxpayer, shall be done in an orderly, chronological manner. At the convenience of the taxpayer, the tax file may coincide with the file intended for accounting purposes; otherwise, it may issue the additional copies that are necessary.

OTHER OBLIGATIONS. Taxpayers shall maintain in a visible location, the dissemination posters that are provided free of charge by the Executive Revenue Office, preferably where payment is made or the sales voucher is issued, for the purpose of encouraging compliance with the obligations provided for in this Regulation. TITLE X FISCAL RECORDS

RECORD OF OPERATIONS. Taxpayers have the obligation to prepare the records chronologically, in order to prepare the accounting entries that support the determination of their taxes. They are not obligated to keep the previously referred records (except where the obligation is established by specific regulation), natural persons whose only activity is the rental of real property subject to the Sales Tax. The sales and purchases records shall be maintained with the support of computer tools, and may be generated by the taxpayer's own systems or any computerized system that fulfills such purpose. Such records shall be maintained in electronic form and in printed form complying with the formats established for the corresponding record, using any type of printing technology (except printing on thermal paper). The records shall be printed monthly containing the information of operations, within the first ten (10) calendar days of the following month. Once printed, they shall be bound and folioed. The sales record shall consolidate the information of sales made by the head office and branches, dividing into sections by each type of fiscal document and in each section the name thereof shall be recorded as a heading. The purchases record shall consolidate the information of purchases made by the head office and branches, without considering sections, in chronological order. The totals of the records prepared in accordance with what was previously provided shall allow for the determination and periodic declaration of the tax. The printed auxiliary records shall not present blank spaces, interlines, amendments, cross-outs, erasures, tears, torn out or replaced pages. All amounts to be recorded in the records shall be in national currency with two decimal places. The obligation to prepare the records established in this Title is independent of the obligation to submit the details thereof. It is clarified that the records defined in this Title do not require authorization or registration before the Executive Revenue Office. The records established in this Title shall be filed and preserved by taxpayers for the term of the statute of limitations, as provided in the Tax Code. The information or documentation shall be available to the Executive Revenue Office upon its request.

SALES RECORD. A record called "Sales Record" is established, in which shall be recorded chronologically and consecutively the sales vouchers, issued in the period to be declared and that support the Sales Tax Debit, likewise for information purposes, the amounts of exempt sales or others charged at zero rate shall also be recorded. This record shall be made daily, applying at minimum the following format: 1) Header Data: a) Title "SALES RECORD"; b) Fiscal Period MM/YYYY; c) Surnames and Names or Business Name or Corporate Denomination; and, d) National Tax Registry of the taxpayer. 2) Sales Vouchers that identify the buyer with their National Tax Registry. In these cases each of the Sales Vouchers shall be detailed:

• a)

  Day, month and year (DD/MM/YYYY);

• b)

  National Tax Registry of the buyer;

• c)

  Surnames and Names or Business Name or Corporate Denomination of the buyer;

• d)

  Printing Authorization Code, granted by the Executive Revenue Office;

• e)

  Number of Sales Voucher;

• f)

  Electronic Issuance Authorization Code (CAEE), when applicable;

• g)

  Total amount of the Sales Voucher;

• h)

  Amount of exempt values or subject to zero rate;

• i)

  Amount subject to Sales Tax discriminated by rate (taxable base); and, j) Debit Fiscal discriminated by tariff. 3) Sales Vouchers issued to final consumers: In these cases a grouped record shall be made by range of Sales Vouchers: a) Day, month and year (DD/MM/YYYY); b) Printing Authorization Code, granted by the Executive Revenue Office; c) Range of numbers of Sales Vouchers (initial and final number); d) Sum of total amounts of Sales Vouchers; e) Sum of amounts of exempt values; f) Sum of amounts subject to Sales Tax discriminated by tariff, rate or percentage; and, g) Sum of Debit Fiscal discriminated by tariff, rate or percentage. 4) Data of Export Transactions: a) Day, month and year (DD/MM/YYYY), of the export made; b) Single Customs Declaration (DUA) number; c) FOB value amount in dollars; d) Exchange rate; and, e) FOB value amount in Lempiras. 5) Final Data: a) Partial and General Totals. Taxpayers who use cash registers shall maintain a daily record of operations for each machine, which shall contain:

  • a)

    Day, month and year (DD/MM/YYYY);

  • b)

    Range of Ticket numbers (initial and final number);

  • c)

    Sum of total amounts of the date;

  • d)

    Sum of amounts of exempt values;

  • e)

    Sum of amounts subject to Sales Tax discriminated by tariff, rate or percentage (taxable base);

  • f)

    Sum of Debit Fiscal discriminated by tariff, rate or percentage;

  • g)

    The total of corrections, annulments, cancellations; and,

  • h)

    Grand total of the day. The amounts recorded in the respective columns shall be totalized monthly, for the purpose of determining the Debit Fiscal of the Sales Tax.

PURCHASES REGISTER. A register called "Purchases Register" is established, in which sales invoices corresponding to purchases made in the period to be declared and that support the Sales Tax Credit shall be recorded in chronological order, and for information purposes, exempt operations must also be registered. This register shall be completed daily, recording minimally the following information:

• 1)

  Header Data:

  • a)

    Title "PURCHASES REGISTER";

  • b)

    Fiscal Period MM/YYYY;

  • c)

    Surnames and Names or Business Name or Corporate Designation; and, d) National Tax Registration of the taxpayer.

• 2)

  Data of Domestic Market Transactions:

  • a)

    Day, month and year (DD/MM/YYYY);

  • b)

    National Tax Registration of the supplier;

  • c)

    Surnames and Names or Business Name or Corporate Designation of the supplier;

  • d)

    Printing Authorization Code;

  • e)

    Sales Invoice Number;

  • f)

    Electronic Emission Authorization Code (CAEE), when applicable;

  • g)

    Total amount of the Sales Invoice;

  • h)

    Amount of exempt values;

  • i)

    Amount subject to Sales Tax itemized by rate, rate or percentage; and, j) Sales Tax Credit itemized by rate.

• 3)

  Data of Import Transactions:

  • a)

    Day, month and year (DD/MM/YYYY), of registration of the Single Customs Declaration (DUA);

  • b)

    Number of Single Customs Declaration (DUA);

  • c)

    CIF Value amount in Lempiras;

  • d)

    Amount of Import Tariff Rights (DAI);

  • e)

    Amount of Selective Consumption Tax;

  • f)

    Amount of the taxable base for the calculation of Sales Tax; and, g) Amount Sales Tax.

• 4)

  Final Data: a) Partial and General Totals. The amounts recorded in the respective columns shall be totaled monthly, for the purpose of determining the Sales Tax Credit. Grouped records of purchase operations shall not be made.

MINOR SALES REGISTER. An auxiliary register called "Minor Sales Register of the Day" is established, in which individual and chronological transactions for amounts less than fifty Lempiras (L. 50.00) for which a Sales Invoice was not issued on the day shall be recorded. The register shall be prepared in order to support the amount recorded in the Sales Invoice that consolidates daily the amount of these operations. Said register may be prepared manually. The registration of these operations shall be completed at the moment the sale or provision of services is produced, in the respective establishment, recording minimally the following information:

• a)

  Date (DD/MM/YYYY);

• b)

  Quantity of the good or service;

• c)

  Detail of the good or service;

• d)

  Amount of the good or service;

• e)

  Partial Totals; and,

• f)

  Daily Total. At the end of the day the amounts recorded in the respective columns shall be totaled, for the issuance of the summary Sales Invoice. The total amount recorded in the Sales Invoice issued, consolidating these operations, shall be recorded in the Sales Register of the Sales Tax on the last record of the day, specifying its condition as a summary of minor sales of the day in the Name or Business Name field and recording the value zero (0) in the RTN field.

WITHHOLDINGS REGISTER. A Withholdings Register shall be established that must record daily the following information, by type of withheld tax:

• a)

  Surnames and names, Business Name or Corporate Designation of the withheld party;

• b)

  National Tax Registration of the withheld party;

• c)

  Printing Authorization Code;

• d)

  Sequential number of the Withholding Invoice;

• e)

  Electronic Emission Authorization Code (CAEE), when applicable;

• f)

  Data of the Sales Invoice that supports the transaction subject to withholding, when applicable: - Printing Authorization Code (CAI). - Sequential number of the invoice. - Electronic Emission Authorization Code, when applicable. - Date of issuance of the Sales Invoice.

• g)

  Taxable Base;

• h)

  Description of the withheld tax;

• i)

  Rate, rate or percentage of the withholding;

• j)

  Total amount withheld; and,

• k)

  Date of issuance of the withholding invoice.

OBLIGATIONS ASSOCIATED WITH REGISTERS. The registers indicated in this Title shall be completed within the first ten (10) calendar days of the month following the fiscal period to which the register corresponds.

OBLIGATION TO PRESENT SALES, PURCHASES AND WITHHOLDINGS REGISTERS TO THE EXECUTIVE REVENUE DIRECTORATE. The Executive Revenue Directorate through Agreements may establish the taxpayers obligated to electronically present the registers of all sales, purchases and withholdings made through the procedures and periodicity that it defines.

TEMPORARY CLOSURE OF ESTABLISHMENT. In accordance with Article 35, numeral 1 of Decree No. 194-2002 and Article 74, numeral 14 of Decree No. 17-2010, the Executive Revenue Directorate shall proceed to temporarily close any establishment of the taxpayer, when it fails to comply with:

• a)

  Issue sales invoices for the transactions it conducts,

• b)

  Issue sales invoices with the requirements established in this Regulation,

• c)

  Present the sales, purchases and withholdings registers required by the Executive Revenue Directorate.

SEIZURE. In accordance with Article 171 of the Tax Code and its Reforms; Article 20 of Decree No. 113-2011 and its reforms, containing the Law on Efficiency of Revenue and Public Expenditure, published in the Official Gazette "La Gaceta" on June 24, 2011 and Article 74, numeral 14 of Decree No. 17-2010 containing the Law for Strengthening Revenue, Social Equity and Rationalization of Public Expenditure, published in the Official Gazette "La Gaceta" on April 22, 2010, the Executive Revenue Directorate shall effect the seizure of goods, products and merchandise that circulate within the national territory or are found in warehouses or storage facilities without the documentary support established in this Regulation. Seized goods may be returned to their owners when they comply with proving their ownership with valid sales invoices; prove payment of the corresponding fine and the expenses incurred by the Executive Revenue Directorate by reason of the seizure, if applicable.

FINE. Without prejudice to what is established in the preceding Articles, other contraventions to the provisions of this Regulation are considered infractions for non-compliance with formal duties, which shall be sanctioned by applying the corresponding fines in accordance with what is established in the Tax Code.

PROCEDURES. The Executive Revenue Directorate shall issue the necessary procedures to implement this Regulation. It may also authorize the changes, modifications and/or updates that are necessary for the efficient functioning of the corresponding administrative and computer system.

TRANSITION PERIOD. Printing establishments that wish to have authorization to perform printing work of fiscal documents shall register in the Fiscal Printing Register as of the effective date of this Regulation. Taxpayers must subscribe to the printing modalities that they will use, as of three months after the effective date of this Regulation. As of the third month following the effective date of this Regulation, printing establishments may not print documents with the designation of fiscal documents indicated in this Regulation, without authorization from the Executive Revenue Directorate. Formats of Fiscal Documents printed, which are in stock, on the date of entry into force of this Regulation, shall be valid for their issuance until:

• a)

  For Large Taxpayers: Six months after the effective date of this Regulation,

• b)

  For Medium Taxpayers: Seven months after the effective date of this Regulation,

• c)

  For Small Taxpayers the expiration dates shall apply according to the last digit of the National Tax Registration: - Ending in zero and one, eight months after the effective date of this Regulation, - Ending in two and three, nine months after the effective date of this Regulation, - Ending in four and five, ten months after the effective date of this Regulation, - Ending in six and seven, eleven months after the effective date of this Regulation, - Ending in eight and nine, twelve months after the effective date of this Regulation. Users of cash registers and computerized systems shall adapt their systems and issue fiscal documents, with the characteristics, requirements and conditions established in this Regulation, within the same periods established in subsection c) above.

REPEAL. The following legal provisions are repealed:

• a)

  Agreement No. 1314-2003 dated August 4, 2003, containing the Regulation of the Fiscal Printing Register, Authorization and Use of Invoices or Documents of a Fiscal Nature;

• b)

  Article 23 of Agreement No. 0948-2003 dated May 27, 2003, containing the Regulation of the Tax Equity Law;

• c)

  Articles 8 and 46 of Agreement No. 1375-2002 dated July 2, 2002, containing the Regulation of the Law on Financial Balance and Social Protection; and,

• d)

  Any regulation that is contrary to this Regulation.

EFFECTIVE DATE. This Regulation shall enter into force as of the first day of the month following the date of its publication in the Official Gazette "La Gaceta".