Search with AI

Support Leyes.HN

Leyes.HN is free for everyone. Your donation helps keep it that way.

Donate
August 10, 2017In force

Agreement No. 481-2017

Poder Ejecutivo

  • Decree: 51-2003
  • Published: August 10, 2017
  • Issuing body: Poder Ejecutivo
  • Gazette: 34,413
  • Category: Financial & Tax

Summary

AIThis summary was generated by AI and may contain errors. Always verify against the original law text below. Not legal advice. Learn how we use AI

This agreement establishes the regulation that orders how businesses and individuals must issue fiscal documents (invoices, receipts, purchase orders) in Honduras. It regulates who must register, what requirements documents must meet, how they are printed, and authorizes electronic invoicing to simplify tax control.

Considerations

Whereas Article 247 of the Constitution of the Republic establishes that Secretaries of State are collaborators of the President of the Republic in the orientation, coordination, direction and supervision of the organs and entities of the national public administration, in the area of their competence.

Whereas the Constitution of the Republic in Article 351 establishes that the tax system shall be governed by the principles of legality, proportionality, generality and equity, in accordance with the economic capacity of the taxpayer.

Whereas Article 57 of the Law for the Strengthening of Income, Social Equity and Rationalization of Public Spending, amended by Article 211, Numeral 3 of Legislative Decree 170-2016, containing the Tax Code, establishes that the Secretariat of State in the Office of Finance (SEFIN) is empowered to issue the necessary regulations to regulate the issuance, types of fiscal documents and their requirements, the regulation of electronic invoicing, the natural or legal persons who must register, the obligations and prohibitions of these, infractions and administrative sanctions.

Whereas Article 212, numeral 2 of the Tax Code establishes: "The Secretariat of State in the Office of Finance (SEFIN) is ordered to issue, within a period of three (3) months counted from the date of entry into force of this Decree, the pertinent regulatory provisions to Article 57 of Decree No. 17-2010, amended by this Decree, which must include the purchase receipt."

Whereas Article 65 of the Tax Code states: "OBLIGATION TO ISSUE FISCAL DOCUMENTS. Tax Obligated Persons must issue Fiscal Documents for the activities they carry out and do so in a manner that allows identifying who issues them and, where applicable, receives them and, the transaction in question in accordance with what is established for this purpose by tax or customs laws and regulations."

Whereas Articles 28 and 29 of Decree No. 51-2003 containing the Tax Equity Law, published in the Official Gazette "La Gaceta" on April 10, 2003, establish the Fiscal Registry of Printing Houses.

Whereas through Executive Agreement 189-2014 the Regulation of the Invoicing System, Other Fiscal Documents and Fiscal Registry of Printing Houses was approved, published in the Official Gazette "La Gaceta" on April 21, 2014.

Whereas it is necessary to adapt the present Regulation of the Invoicing System into a single instrument that is easy to apply and understand for all taxpayers required to issue Fiscal Documents, which incorporates all economic classes of the country obligated to issue Fiscal Documents, providing them with sufficient mechanisms for better compliance and contribution to the public charges of the State.

Whereas in accordance with Numeral 15 of Article 29 of the Law of Public Administration and its Reforms, the Secretariat of State in the Office of Finance is responsible for everything concerning the formulation, coordination, execution and evaluation of policies related to Public Finances, so it must ensure the correct application of legal norms related to the functioning of Honduras' Tax System.

Whereas in accordance with Article 60 of the Regulation of Organization, Functioning and Competence of the Executive Branch contained in Executive Decree PCM-008-97, amended by Decree PCM-35-2015, published in the Official Gazette La Gaceta on June 26, 2015, it is the responsibility of the Secretariat of State in the Office of Finance through the General Directorate of Tax Policy to define, monitor and evaluate tax policy, in order to achieve a sustainable fiscal policy for the benefit of Honduran society.

Whereas Article 9 of Decree No. 170-2016 published in the Official Gazette La Gaceta on December 28, 2016, containing the Tax Code, establishes that the President of the Republic, through the Secretariat of State in the Office of Finance (SEFIN), is empowered to issue administrative acts of a general nature called Regulations, within the scope of tax and customs policy competence and all those faculties that by disposition of the Constitution of the Republic and by Law correspond to him, directly or through the aforementioned Secretariat of State.

Whereas Article 36, numeral 8 of the General Law of Public Administration establishes that it is an Attribution of Secretariats of State to issue Agreements and Resolutions on matters within their competence and those delegated to them by the President of the Republic and to ensure their execution.

Articles

Article 1.-

PURPOSE. The purpose of this Regulation is to develop the Billing System as an instrument that establishes the regulations to which Tax Obligors are subject and to facilitate the procedure for issuing Fiscal Documents and other activities related to the control of said documents, incorporating all sectors of the country's economy.

Article 2.-

SCOPE OF APPLICATION. This Regulation governs the procedure for authorizing the issuance of types of Fiscal Documents, their requirements, the regulation of electronic invoicing, natural or legal persons who must register in the Billing System, printing modalities, the Fiscal Registry of Print Shops, their certification, their obligations and prohibitions. Compliance is mandatory throughout the territory of the Republic of Honduras. The management for the application of this Regulation shall be developed in an eminently electronic manner, without prejudice to the Tax Administration establishing other means.

Article 3.-

TAX OBLIGORS. The Tax Obligors subject to the provisions contained in this Regulation are the following: Natural and legal persons who carry out taxable or non-taxable economic activities and who are obliged to issue Fiscal Documents. The institutions and dependencies of the public sector in general must comply with the provisions of this Regulation, except for exceptions established in this Regulation or in special laws.

Article 4.-

DEFINITIONS. For the purposes of this Regulation, the following terms are understood to mean: PRINT SHOP ACCREDITATION: It is the procedure by which the Tax Obligor selects and accredits print shops that request on his behalf the authorizations for printing and validity of Fiscal Receipts and/or Complementary Documents in preprinted form. ALIQUOT: It is the rate, fixed or variable and expressed as a coefficient or percentage, which, when applied to the taxable base, results in the tax quota. ELECTRONIC EMISSION AUTHORIZATION: It is the act by which the Tax Administration authorizes the issuance of fiscal receipts and/or complementary electronic documents. PRINTING AND VALIDITY AUTHORIZATION: It is the act by which the Tax Administration authorizes the Tax Obligor to print and validate Fiscal Receipts and/or Complementary Documents. BASE: It is the detachable part of the Prevalued Invoice that the issuer must keep in custody. PURCHASE RECEIPT: It is the Fiscal Receipt issued by the Tax Obligor purchaser and used by the latter to support the costs and expenses incurred for the purchase of goods and/or provision of unskilled labor services obtained from Honduran natural persons, following the regulations established in this Regulation. PRINTING AUTHORIZATION CODE (CAI): It is an alphanumeric series generated electronically by the Tax Administration to authenticate the Printing Authorization Procedure. CLIENT: It is the natural or legal person who purchases a good or service. ELECTRONIC EMISSION AUTHORIZATION CODE (CAEE): It is the unique code generated by an algorithm for each Fiscal Receipt and/or complementary electronic documents. FISCAL RECEIPTS: They are Fiscal Documents authorized by the Tax Administration that support the transfer of goods and/or provision of services, provided that they meet the requirements and conditions established in this Regulation. WITHHOLDING RECEIPT: It is a Complementary Document that certifies the withholding of taxes, performed by Withholding Agents. FINAL CONSUMER: It is the natural or legal person who purchases a good and/or service for their own consumption. DONATION CERTIFICATE: It is the Fiscal Receipt issued by the State, Municipalities, educational institutions or Educational Promotion institutions, charitable, sports or sports promotion institutions, legally recognized. This Fiscal Receipt serves to justify the deductions established in the current legal framework and supports the bequests and donations granted. TAXPAYER: It is the natural or legal person directly subject to compliance with the tax obligation, by being in the situation provided by law with respect to the taxable event. FISCAL DOCUMENTS: They are Documents that the Tax Obligor uses to support activities, operations or transactions that have fiscal effects. These documents must be authorized and/or admitted in accordance with the provisions of this regulation. ELECTRONIC FISCAL DOCUMENTS: They are Documents that the Tax Obligor uses electronically to support activities, operations or transactions that have fiscal effects. These documents must be authorized and/or admitted in accordance with the provisions of this regulation. COMPLEMENTARY DOCUMENTS: It is a category of Fiscal Documents authorized by the Tax Administration that supports an operation of the Tax Obligor provided that they meet the requirements and conditions established in this Regulation. ISSUER: It is the Tax Obligor authorized by the Tax Administration to issue Fiscal Receipts and/or Complementary Documents in any of its modalities. ISSUE: It is the act of issuing and delivering Fiscal Receipts and/or Complementary Documents to the clients or purchasers of goods and/or services, provided that the issuance of said receipts is authorized by the Tax Administration. INVOICE: It is a Fiscal Receipt authorized by the Tax Administration, issued to support the transfer of goods and/or provision of services, whose issuance supports the tax credit of Sales Tax derived from taxable purchases and costs or expenses of Income Tax. PREVALUED INVOICE: It is a Fiscal Receipt that contains in preprinted form the value of the good or service for final consumers and does not require recording the buyer's identification data at the time of its issuance, and must be used by Tax Obligors that generally commercialize mass consumption services or products with fixed prices, such as fairs and eventual public events, with the exception of those regulated by special laws. ELECTRONIC BILLING: It is a means of the self-printing modality, where the computer systems of the Tax Obligor interact with the systems of the Tax Administration to create, transmit, authorize, issue and safeguard Electronic Fiscal Documents. SHIPPING GUIDE: It is a Complementary Document that supports the transfer of goods or merchandise within national territory, and also supports the existence of merchandise located in warehouses and storage facilities. PROFESSIONAL FEES: Remuneration or stipend granted for the performance of work or services to natural persons engaged in the independent practice of a profession when there is no economic dependency relationship between the parties and where the person performing the work or service freely sets their compensation. CERTIFIED PRINT SHOP: It is the Tax Obligor certified by the Tax Administration to provide services in the print shop printing modality to clients who request Fiscal Receipts and/or Complementary Documents. UNSKILLED LABOR: It occurs when workers perform activities whose execution does not require previous studies or experience. CASH REGISTER: It is a means of the self-printing modality, authorized by the Tax Administration that generates, processes, records and issues tickets in original and copy. BARCODE MATRIX: Set of two-dimensional coding points that allows the graphic representation of the information contained in Fiscal Receipts and/or Complementary Documents, which can be read using a two-dimensional code reading device commonly called a scanner. SELF-PRINTING MODALITY: It is the printing modality of Fiscal Receipts and/or Complementary Documents authorized by the Tax Administration, using the issuer's own electronic devices. PRINT SHOP MODALITY: This modality allows the issuance of Fiscal Documents, using preprinted formats by a properly certified print shop in the Fiscal Registry of Print Shops, which for their issuance can be completed manually or by another means that guarantees the legibility and preservation of the information. DEBIT NOTE: It is a Complementary Document that supports accounting operations, linked to a Fiscal Receipt, that supports an adjustment to third parties or own account. CREDIT NOTE: It is a Complementary Document that supports accounting operations, linked to a Fiscal Receipt, that supports an accounting adjustment and allows for the annulment of operations, acceptance of returns and granting of discounts made after the issuance of the corresponding Fiscal Receipt. OTHER RECEIPTS: They are Fiscal Documents whose issuance does not require procedures before the Tax Administration and are regulated in this Regulation to support activities, operations or transactions that have fiscal effects. TAX OBLIGOR: Natural or legal person who must comply with the tax and customs obligations established in the Law, whether these are in the capacity of taxpayer or responsible party. EMISSION POINT: It is the place determined by the Tax Obligor to issue Fiscal Receipts and/or Complementary Documents authorized by the Tax Administration. There may be one or more emission points in each establishment. AUTHORIZED RANGE: The quantity of Fiscal Receipts and/or Complementary Documents authorized by the Tax Administration based on the behavior of the Tax Obligor, which is defined by the system automatically at the time of the request for printing authorization and validity. PROFESSIONAL FEES RECEIPT: It is the Fiscal Receipt that supports income from fees of natural persons for the provision of services in the practice of any profession, art, science or trade. FISCAL REGISTRY OF PRINT SHOPS: It is the Registry of Tax Obligors whose economic activity is the printing of preprinted formats of Fiscal Receipts authorized by the Tax Administration. NATIONAL TAX REGISTRY (RTN): It is the exclusive registry of the Tax Administration in tax matters, which uniquely identifies tax obligors. COMPUTERIZED BILLING SYSTEM (SFC): It is a computer system (hardware and software) authorized by the Tax Administration that allows creation, processing, recording and issuance on paper, original and copy, of Fiscal Receipts and/or Complementary Documents, linked to an accounting system. INDEPENDENT COMPUTERIZED SYSTEM: It is the computer system that is installed in the tax domicile or establishment of the tax obligor. Each Self-Printing Device must use an independent sequential number (emission point) authorized by the Tax Administration. NETWORKED COMPUTERIZED SYSTEM: It is the computer system that allows the issuance of Fiscal Receipts and/or Complementary Documents, originating from different emission points connected in a network and stored in a single server. TICKET: It is the Fiscal Receipt that supports the transfer of goods and/or provision of services, issued exclusively for final consumers through cash registers authorized by the Tax Administration. ITINERANT SALES: They are sales operations carried out by the Tax Obligor in an ambulatory manner. TITLE II FISCAL DOCUMENTS CHAPTER I TYPES OF FISCAL DOCUMENTS

Article 5.-

FISCAL DOCUMENTS. Fiscal Documents must comply with all the provisions established in this Regulation. The following are Fiscal Documents: Fiscal Receipts. Complementary Documents. Other Receipts. Fiscal Receipts and Complementary Documents issued in any modality authorized by the Tax Administration must be generated in original and copy. Physical or electronic copies shall be safeguarded by Tax Obligors according to the statute of limitations periods established by the Tax Code.

Article 6.-

FISCAL RECEIPTS. The following are Fiscal Receipts: Invoice; Prevalued Invoice; Ticket; Receipt for Professional Fees; Purchase Receipt; Donation Certificate; and, Any other Fiscal Receipts that the Tax Administration may authorize.

Article 7.-

COMPLEMENTARY DOCUMENTS. The following are Complementary Documents: Credit Notes; Debit Notes; Shipping Guides; Withholding Receipts; Any other Complementary Documents that the Tax Administration may authorize.

Article 8.-

OTHER RECEIPTS. The following are other receipts: Receipts issued for the provision of public services of electricity, drinking water and sewerage, telephone and internet; excepting the outsourcing and concessions of the State for these services, which must issue the corresponding Fiscal Receipts. Documents issued by Financial Institutions that support transactions carried out in the provision of financial services regulated by the National Commission of Banks and Insurance. The other economic activities carried out by financial institutions and that are not regulated by the National Commission of Banks and Insurance shall be supported with the respective Fiscal Receipts. Documents supporting payments established by the State and Municipalities within their usual operations. Documents authorized by the competent authority that support the importation of merchandise. Fiscal Documents recognized by the State, resulting from international treaties and agreements. Documents issued by State institutions in the provision of administrative acts within their functions, attributions and competence. These documents allow for supporting the tax credit of Sales Tax, cost or expense of Income Tax, in the cases that correspond, provided that they identify the issuer and purchaser, names and surnames, business name or corporate name, discriminate taxes by rates or aliquots and show the date of issuance.

Article 9.-

OBLIGATION TO ISSUE FISCAL RECEIPT. Tax Obligors who transfer goods and/or provide services of any nature are obliged to issue Fiscal Receipts. In operations with final consumers whose total sales amount does not exceed fifty lempiras (L 50.00), it shall not be necessary to issue the Fiscal Receipt at the time of transaction, except if the purchaser of the good or service requires it. At the end of the day, all these sales must be recorded in the authorized Fiscal Receipt or Complementary Document. This exception does not apply to Tax Obligors subscribed in the modalities of cash register self-printers and computerized systems. This obligation applies even when the transfer of goods and/or provision of services is not subject to taxes or is carried out free of charge. CHAPTER II. FISCAL RECEIPTS

Article 10.-

INVOICE. Format requirements: Issuer identification data: National Tax Registry (RTN); Names and Surnames, Business Name or Corporate Denomination, as appropriate. Tax Obligors as individual merchants may substitute their Names and Surnames with the business name registered in the National Tax Registry (RTN); Trade Name; Address of the main office and of the establishment where the emission point is located; Telephone number; and, Email address notified through the corresponding adhesion contract. Denomination of the document: "Invoice"; Printing Authorization Code (CAI), granted by the Tax Administration; Deadline for issuance, in effect; Authorized range, in effect; Destination of the invoice copies: Original: Client; and, Copy: Issuing tax obligor. Sequential number of the Invoice. It shall consist of sixteen (16) digits (NNN-NNN-NN-NNNNNNNN), which are detailed as follows: The first three digits shall identify the establishment of the Tax Obligor, based on the code assigned by the Tax Administration at the time of its registration and for the main office the system shall assign the code 000; The following three digits shall identify the emission point, based on the code assigned by the Tax Administration; The following two digits shall identify the code of the Invoice, according to the following detail: 01 = Invoice; The remaining eight digits shall correspond to the sequential numbering of the Invoice which shall begin with one (00000001). Once the eight digits are completed (99999999), the sequential numbering shall restart. The first three groups of digits are called the document identifier, (items a, b, and c above) as it identifies the establishment, emission point and type of document. Data of the Exempt Purchaser: Sequential number of the Tax-Exempt Purchase Order; Sequential number of the Exempt Registry Certificate; Identifying number of the Registry of the Ministry of State of Agriculture and Livestock. Data of the print shop, for preprinted Invoices: Names and Surnames, Business Name or Corporate Denomination, as appropriate. Natural persons may substitute their Names and Surnames with the business name registered in the National Tax Registry (RTN); National Tax Registry; and, Certificate number of authorization from the Fiscal Registry of Print Shops.

Article 11.-

REQUIREMENTS TO BE COMPLETED AT THE TIME OF INVOICE ISSUANCE. When the sale of goods and/or provision of services is made to Tax Obligors who require supporting tax credit in the case of taxable purchases, costs or expenses, the invoice must include the following requirements: Names and Surnames, Business Name or Corporate Denomination of the client, as appropriate; National Tax Registry of the client; Date of issuance. Detailed description of the good sold or service provided; Quantity of units of goods sold; Unit value of the good sold or service provided; Discrimination of exempt, exonerated and zero-rated values, when applicable; Subtotals subject to taxes discriminated by rate or aliquot; Discrimination of taxes by rate or aliquot; Literal denomination of the National Currency Lempira or symbol (L), manual or printed; Total amount in figures and letters of the transaction carried out; and, When the sale is made to final consumers: Names and Surnames, Identification number or enter the legend "FINAL CONSUMER"; except as established in the last paragraph of this Article; Detailed description of the good sold or service provided; Quantity of units of goods sold; Unit value of the good sold or service provided; Discrimination of exempt, exonerated and zero-rated values, when applicable; Discrimination of taxes by rate or aliquot; Literal denomination of the National Currency Lempira or symbol (L), manual or printed; Total amount of the transaction carried out; and, Date of issuance. In both cases, when the Tax Obligor issues invoices in another currency denomination, the exchange rate in effect on the date of issuance must be indicated. When the sale of goods or provision of services is made to the Final Consumer and exceeds the sum of ten thousand Lempiras (L 10,000.00), the client's data must be recorded, indicating names and surnames, the type and number of identification document in the space designated for the RTN. The amount established in this paragraph may be modified by the Tax Administration through a General Agreement. To support the tax credit in cases where the invoice supports exempt and taxable sales, only taxable sales shall be recognized. When the sale of goods and/or provision of services is made to Tax Obligors Exempted, the Sequential number of the Tax-Exempt Purchase Order, Sequential number of the Exempt Registry Certificate or, the Identifying number of the Unique Registry of Natural Persons of the Agroindustrial Sector must be recorded, as appropriate. For verification and inspection purposes of the sales described above, the Ministry of State of Finance and the Ministry of State of Agriculture and Livestock shall provide the information to the Tax Administration and the Customs Administration to exercise said actions according to the scope of their competencies.

Article 12.-

INVOICE ISSUANCE IN EXPORTS. In case of exports with merchandise subject to Sales Tax, Tax Obligors must issue the Invoice with a zero rate.

Article 13.-

TRANSFER OF MERCHANDISE. When a transfer of merchandise takes place within and between Free Trade Zones that does not constitute transfer of ownership and is carried out using a Customs Declaration, an invoice must be issued describing what is established in Article 11 Numeral 1) items a) b) c) d) j) and k) of this Regulation; without prejudice to the invoice that must be issued by the one providing the merchandise transfer service.

Article 14.-

TIMING OF INVOICE ISSUANCE. In the sale of goods including exports, at the moment of delivery of the good or on the date of cash payment or on which credit is granted (accrual), whichever occurs first, even if there has been agreement on retention of title, repurchase agreement or any other condition; In the provision of services, on the date of cash payment or on which credit is granted (accrual), whichever occurs first; In the use or consumption of merchandise for own use or to form part of the company's fixed assets, on the date of withdrawal; When the sale is made through internet, telephone or other similar means, whose payment is made by Credit Card, Debit Card or Bank Account Deposit, prior to delivery of the good, the invoice must be issued on the date the payment was made and delivered together with the good; When the client is not in the place where the issuance was carried out, it shall be the responsibility of the issuer that the original Invoice reaches the possession and control of the client, using the most convenient and appropriate means of delivery for the fulfillment of such obligation.

Article 15.-

PREVALUED INVOICE. Format requirements. Issuer identification data: Number of National Tax Registry (RTN); Names and Surnames, Business Name, Corporate Denomination or Trade Name, as appropriate; Exact tax domicile; Telephone number; Denomination of the document: "Prevalued Invoice"; Printing Authorization Code (CAI), granted by the Tax Administration. Deadline for issuance, in effect; Total amount of the service provided; Sequential number of the Prevalued Invoice, shall consist of sixteen (16) digits (NNN-NNN-NN-NNNNNNNN), which are detailed as follows: The first three digits shall identify the establishment of the Tax Obligor, based on the code assigned by the Tax Administration at the time of subscription and as main office the system shall assign the code 000; The following three digits shall identify the emission point, based on the code assigned by the Tax Administration. The following two digits shall identify the code of the Prevalued Invoice, according to the following detail: 02 = Prevalued Invoice. The remaining eight digits shall correspond to the sequential numbering of the Prevalued Invoice which shall begin with one (00000001). Once the eight digits are completed (99999999), the sequential numbering shall restart. The first three groups of digits are called the document identifier, (items a, b, and c above) as it identifies the establishment, emission point and type of document. Authorized range, in effect. Destination of the prevalued invoice copies: Original: Final consumer; and, Base: Issuing tax obligor. Data of the print shop: Names and Surnames, Business Name or Corporate Denomination, as appropriate. Natural persons may substitute their Names and Surnames with the business name registered in the National Tax Registry (RTN); National Tax Registry; and, Certificate number of authorization from the Fiscal Registry of Print Shops.

Article 16.-

USES OF THE PRE-VALUED INVOICE. The Pre-Valued Invoice is used exclusively in transactions with end consumers. Pre-Valued Invoices must be printed in certified printing presses, and the printing press must request on behalf of the Taxpayer the authorization for printing and validity from the Tax Administration.

Article 17.-

TICKET. Requirements of the Ticket. Identification data of the issuer: 1. National Tax Registration Number (RTN); a) Names and Surnames, Business Name or Corporate Designation, b) as applicable. Natural persons may substitute their Names and Surnames for the trade name registered in the National Tax Registration (RTN); Trade Name c) Complete or simplified address of the establishment d) where the cash register machine is located. Document designation 2. "Ticket". Printing Authorization Code (CAI), granted by 3. the Tax Administration. Sequential numbering and auto-generated 4. by the cash register machine, which must consist of a minimum of 4 digits, -- once the range is exhausted, it shall restart at 0001. Description or code of the goods sold or type of service 5. provided. Quantity of units sold. 6. Amount of the transaction. 7. Date of issue. 8. The Ticket must be issued in original and the copy on audit 9. tape: Original: Client. a) Copy: Taxpayer issuer. b) The Ticket shall have code 03, which may be recorded within it. When Tickets are issued, audit tapes must be filed for each of the cash register machines. Rectifications, annulments or cancellations of operations performed must be supported by the respective original Tickets.

Article 18.-

RECEIPT FOR PROFESSIONAL FEES. Format requirements. Identification data of the issuer:

  • 1)

    National Tax Registration Number (RTN); a) Names and Surnames; b) Profession; c) Tax Domicile; d) Telephone Number; e) Email Address that notifies through the corresponding f) adhesion contract. Document designation:

  • 2)

    "Receipt for Professional Fees". Printing Authorization Code (CAI), granted by 3. the Tax Administration. Limit date of issue, in effect. 4. Authorized range, in effect. 5. Destination 6. of the copies of the Receipt for Professional Fees: Original: Client; and, a) Copy: Taxpayer issuer. b) Sequential number of the Receipt for Professional 7. Fees. It shall consist of sixteen (16) digits (NNN-NNN-NN-NNNNNNNN), which are detailed as follows: The first three digits shall identify the establishment a) of the Taxpayer, based on the code assigned by the Tax Administration at the time of registration, and for the head office the system shall assign code 000; The next three digits shall identify the point b) of issue, based on the code assigned by the Tax Administration. The next two digits shall identify the code of the c) Receipt for Professional Fees, according to the following detail: 04 = Receipt for Professional Fees. The remaining eight digits shall correspond to the d) sequential numbering of the Receipt for Professional Fees which must begin at one (00000001). Once the eight digits are completed (99999999), the sequential numbering shall restart. The first three groups of digits are called the document identifier, (subsections a, b, and c above) since they identify the establishment, point of issue and document type. Printing press data: 8. Names and Surnames, Business Name or Corporate Designation, a) as applicable. Natural persons may substitute their Names and Surnames for the trade name registered in the National Tax Registration (RTN); National Tax Registration Number; and, b) Certificate number of authorization from the Fiscal c) Registry of Printing Presses.

Article 19.-

REQUIREMENTS TO BE COMPLETED AT THE TIME OF ISSUANCE OF RECEIPTS FOR PROFESSIONAL FEES. National Tax Registration Number (RTN) of the acquirer, when 1. applicable; Names and Surnames, Business Name or Corporate Designation of 2. the acquirer of the service; Detailed description of the service provided; 3. Amount of gross fees received; 4. Amount of the withholding, if any; 5. Net amount received 6. Date of issue. 7.

Article 20.-

PURCHASE RECEIPT. Format requirements. Identification data of the issuer:

  • 1)

    National Tax Registration Number (RTN); a) Names and Surnames, Business Name or Corporate Designation, b) as applicable. Natural persons may substitute their Names and Surnames for the trade name registered in the National Tax Registration (RTN); Trade Name of the legal entity; c) Address of the head office and of the establishment where d) the point of issue is located.; Telephone Number; and, e) Email Address that notifies through the corresponding f) adhesion contract. Document designation:

  • 2)

    "Purchase Receipt" Printing Authorization Code (CAI), granted by 3. the Tax Administration. Limit date of issue, in 4. effect. Sequential number of the Purchase Receipt, which shall consist 5. of sixteen (16) digits (NNN-NNN-NN-NNNNNNNN), which are detailed as follows: The first three digits shall identify the establishment a) of the Taxpayer, based on the code assigned by the Tax Administration at the time of its subscription; The next three digits shall identify the point b) of issue, based on the code assigned by the Tax Administration. The next two digits shall identify the code of c) the Purchase Receipt, according to the following detail: 05 = Purchase receipt. The remaining eight digits shall correspond to the d) sequential numbering of the Purchase Receipt which must begin at one (00000001). Once the eight digits are completed (99999999), the sequential numbering shall restart. The first three groups of digits are called the document identifier, (subsections a, b, and c above) since they identify the establishment, point of sale and document type. Destination of the copies: 6. Original: Acquiring Taxpayer; and, a) Copy: Supplier. Data of the Exempt Acquirer: 7. Sequential number of the Exempt Purchase Order; d) Sequential number of the Certificate of the Registry of e) Exempt Persons; Identification f) number of the Registry of the Secretariat of State in the Office of Agriculture and Livestock. Printing press data, for pre-printed 8. Purchase Receipts: Names and Surnames, Business Name or Corporate Designation, a) as applicable. Natural persons may substitute their Names and Surnames for the trade name registered in the National Tax Registration (RTN); National Tax Registration Number (RTN); and, b) Authorization certificate number from the Fiscal c) Registry of Printing Presses. Authorized range, in effect. 9.

Article 21.-

REQUIREMENTS TO BE COMPLETED AT THE TIME OF ISSUANCE OF THE PURCHASE RECEIPT. Of the Supplier: 1. Names and Surnames of the supplier of goods and/or a) services, as applicable; National Tax Registration Number (RTN) or b) identification number; Supplier's home address; c) Supplier's telephone number; d) Detailed description of the goods purchased or type of service 2. provided; Quantity of units purchased; 3. Symbol or literal denomination of the national currency; 4. Total amount literal and numerical of the transaction carried out; 5. Date of issue; and, 6. Signature and digital fingerprint of the supplier. In the event the 7. supplier cannot sign, only the digital fingerprint must be recorded.

Article 22.-

RECOGNITION OF COST OR EXPENSE BY PURCHASE RECEIPT. The purchase receipt must be used solely and exclusively 1. to support the costs and expenses incurred for purchases of goods and/or provision of unskilled labor services, and may not be used to support Sales Tax credit. The total amount of transactions supported by the 2. purchase receipt may not exceed five percent (5%) of the total deductible operating expenses of Taxable Gross Income, excluding financial expenses. The purchase of goods and/or provision of unskilled labor 3. services to the same Honduran natural person shall be supported by Purchase Receipt when it does not exceed the amount that constitutes the exempt basis of the Income Tax in the same fiscal period. In the event the aforementioned amount is exceeded, the supplier must issue an invoice so that the buyer may support as a deductible expense the purchase of goods and/or provision of services.

Article 23.-

DONATION CERTIFICATE. Requirements of the Donation Certificate. Identification data of the issuer:

  • 1)

    National Tax Registration Number (RTN); a) Name of the Beneficiary; b) Address of the Tax Domicile; c) Telephone Number; and, d) Email Address that notifies through the corresponding e) adhesion contract. Document designation:

  • 2)

    "Donation Certificate"; Printing Authorization Code (CAI), granted by 3. the Tax Administration; Limit date of issue, in effect; 4. Authorized range, in effect; 5. Destination of the copies of the 6. Donation Certificate: Original: Donor; and, a) Copy: Beneficiary. b) Sequential number of the Donation Certificate. 7. It shall consist of six (6) digits (NN-NNNN), which are detailed as follows: The first two digits shall identify the code of the a) Donation Certificate, according to the following detail: 06 = Donation Certificate; The remaining four digits shall correspond to the b) sequential numbering of the Donation Certificate which must begin at one (0001). Once the four digits are completed (9999), the sequential numbering shall restart. 8) Printing press data: Names and Surnames, Business Name or Corporate Designation, a) as applicable. Natural persons may substitute their Names and Surnames for the trade name registered in the National Tax Registration (RTN); National Tax Registration Number; and, b) Certificate number of authorization from the Fiscal c) Registry of Printing Presses.

Article 24.-

REQUIREMENTS TO BE COMPLETED AT THE TIME OF ISSUANCE OF THE DONATION CERTIFICATE. National Tax Registration of the Donor:

  • 1)

    Names and Surnames, Business Name or a) Corporate Designation; National Tax Registration Number (RTN); b) Home address; c) Telephone Number; d) Detailed description of the Donation received;

  • 2)

    Value of the Donation;

  • 3)

    Date of the Donation;

  • 4)

    Signature and seal of the Legal Representative of the Beneficiary;

  • 5)

    Signature and seal of the Donor. In the event it is a Legal 6. Entity, it must be signed by its Legal Representative. CHAPTER III COMPLEMENTARY DOCUMENTS CREDIT NOTE. Requirements of ARTICLE 25. Format. 1. Identification data of the issuer: National Tax Registration Number (RTN); a) Names and Surnames, Business Name or Corporate Designation, b) as applicable. Natural persons may substitute their Names and Surnames for the trade name registered in the National Tax Registration (RTN); Trade Name c) Address of the head office and of the establishment where d) the point of issue is located; Telephone Number; and, e) Email Address that notifies through the corresponding f) adhesion contract. 2. Document designation: "Credit Note". 3. Printing Authorization Code (CAI), granted by the Tax Administration. 4. Limit date of issue, in effect. 5. Sequential number of the Credit Note, shall consist of sixteen (16) digits (NNN-NNN-NN-NNNNNNNN), which are detailed as follows: The first three digits shall identify the establishment a) of the Taxpayer, based on the code assigned by the Tax Administration at the time of its subscription and as head office the system shall assign code 000; The next three digits shall identify the point b) of issue, based on the code assigned by the Tax Administration. The next two digits shall identify the code of the c) Credit Note, according to the following detail: 07 = Credit Note. The remaining eight digits shall correspond to the d) sequential numbering of the Credit Note which must begin at one (00000001). Once the eight digits are completed (99999999), the sequential numbering shall restart. The first three groups of digits are called the document identifier, (subsections a, b, and c above) since they identify the establishment, point of sale and document type. 6. Authorized range, in effect. 7. Destination of the copies: Original: Client; and, a) Copy: Taxpayer. b) 8. Printing press data, for pre-printed Credit Notes:

Article 26.-

REQUIREMENTS TO BE COMPLETED AT THE TIME OF ISSUANCE OF THE CREDIT NOTE. Names and Surnames, Business Name or Corporate Designation of 1. the acquirer. National Tax Registration Number (RTN) of the 2. acquirer. Data of the Tax Voucher that gives rise to the Credit 3. Note: Printing Authorization Code (CAI) a) Sequential number of the Tax Voucher to which the b) Credit Note is being applied. Date of issuance of the Tax Voucher to which the c) Credit Note is being applied. Reason for issuance d) of the document. Total amount literal and numerical of the transaction carried out; 4. 5. Breakdown of taxes by rate, rate or 6. percentage; Surnames, Names, Identity Card or identification 7. document, and signature of the person receiving the Credit Note. Date of issue. 8. Literal denomination of the National Currency Lempira or 9. symbol (L), manual or printed. Units of the good sold or service provided; 10.

Article 27.-

DEBIT NOTE: Format requirements. Identification data of the issuer:

  • 1)

    National Tax Registration Number (RTN); a) Names and Surnames and Surnames, Business b) Name or Corporate Designation, as applicable. Natural persons may substitute their Names and Surnames for the trade name registered in the National Tax Registration (RTN); Trade Name; c) Address of the head office and of the establishment where d) the point of issue is located. Telephone Number; and, e) Email Address that notifies through the corresponding f) adhesion contract. Document designation:

  • 2)

    "Debit Note". Printing Authorization Code (CAI), granted by 3. the Tax Administration. Limit date of issue, in effect. 4. Sequential number of the Debit Note, which shall consist 5. of sixteen (16) digits (NNN-NNN-NN-NNNNNNNN), which are detailed as follows: The first three digits shall identify the establishment a) of the Taxpayer, based on the code assigned by the Tax Administration at the time of its registration and as head office the system shall assign code 000; The next three digits shall identify the point b) of issue, based on the code assigned by the Tax Administration. The next two digits shall identify the code of the c) Debit Note, according to the following detail: 08 = Debit Note. The remaining eight digits shall correspond to the d) sequential numbering of the Debit Note which must begin at one (00000001). Once the eight digits are completed (99999999), the sequential numbering shall restart. The first three groups of digits are called the document identifier, (subsections a, b, and c above) since they identify the establishment, point of sale and document type. Authorized range, in effect. 6. Destination of the copies: 7. Original: Client; and, a) Copy: Taxpayer. b) Printing press data, for pre-printed 8. Debit Notes: Names and Surnames, Business Name or Corporate Designation, a) as applicable. Natural persons may substitute their Names and Surnames for the trade name registered in the National Tax Registration (RTN); National Tax Registration Number; and, b) Certificate number of authorization from the Fiscal c) Registry of Printing Presses. Units of the good sold or service provided. 9.

Article 28.-

REQUIREMENTS TO BE COMPLETED AT THE TIME OF ISSUANCE OF THE DEBIT NOTE. Names and Surnames, Business Name or Corporate Designation of 1. the acquirer. National Tax Registration Number (RTN) of the 2. acquirer. Data of the Tax Voucher that gives rise to the Debit 3. Note: Printing Authorization Code (CAI) a) Sequential number of the Tax Voucher or b) the document to which the Debit Note is being applied. Date of issuance of the Tax Voucher to which the c) Debit Note is being applied. Reason for issuance of the document. 4. Total amount literal and numerical of the transaction carried out; 5. Date of issue. 6. Detailed description of the good sold or service 7. provided; Literal denomination of the National Currency Lempira or 8. symbol (L), manual or printed. Units of the good sold or service provided; 9.

Article 29.-

REMITTANCE GUIDE. Format requirements: Identification data of the issuer:

  • 1)

    National Tax Registration Number (RTN);

    • a)

      Names and Surnames, Business Name or Corporate Designation,

    • b)

      as applicable. Natural persons may substitute their Names and Surnames for the trade name registered in the National Tax Registration (RTN); Trade Name;

    • c)

      Address of the establishment where d) the point of issue is located. Telephone Number; and, e) Email Address that notifies through the corresponding f) adhesion contract. Document designation:

  • 2)

    "Remittance Guide". Printing authorization code (CAI), granted by the 3. Tax Administration. Sequential number of the Remittance Guide, which shall consist 4. of sixteen (16) digits (NNN-NNN-NN-NNNNNNNN), which are detailed as follows: The first three digits shall identify the a) establishment of the Taxpayer, based on the code assigned by the Tax Administration at the time of its registration and as head office the system shall assign code 000; The next three digits shall identify the point b) of issue, based on the code assigned by the Tax Administration. The next two digits shall identify the code of c) the Remittance Guide, according to the following detail: 09 = Remittance Guide. The remaining eight digits shall correspond to the d) sequential numbering of the Remittance Guide which must begin at one (00000001). Once the eight digits are completed (99999999), the sequential numbering shall restart. The first three groups of digits are called the document identifier, (items i, ii, and iii above) since they identify the establishment, point of sale and document type. Limit date of issue, in effect. 5. Authorized Range, in effect. 6. Destination of the copies: 7. Original: Must be delivered to the recipient with the a) legend: "Recipient". Copy 1: For the issuer, with the legend: b) "Issuer". Copy 2: Must be delivered in the inspections c) carried out by the Tax Administration, with the legend: "Tax Administration". Printing press data, for pre-printed Remittance 8. Guides: Names and Surnames, Business Name or Corporate a) Designation, as applicable. Natural persons may substitute their Names and Surnames for the trade name registered in the National Tax Registration (RTN); National Tax Registration Number; b) Certificate number of authorization from the Fiscal c) Registry of Printing Presses.

Article 30.-

REQUIREMENTS TO BE COMPLETED AT THE TIME OF ISSUANCE OF THE REMITTANCE GUIDE. Identification of the shipper: 1. National Tax Registration Number (RTN) a) Names and Surnames and Surnames, Business Name or Corporate b) Designation. Complete address of the point of origin. 2. Identification of the recipient of the merchandise: 3. National Tax Registration Number (RTN). a) Names and Surnames, Business Name or Corporate Designation. b) Complete address of the point of destination. 4. Identification of the merchandise carrier: 5. National Tax Registration Number (RTN). a) Names and Surnames, Business Name or Corporate Designation. b) Identification of the driver: 6. National Tax Registration Number (RTN). a) Names and Surnames. b) Identification data of the transport vehicle: 7. Make and license plate number of the vehicle. If it is a a) combination, the license plate numbers of the truck, trailer and semi-trailer shall be indicated. Detailed description of the merchandise transported, this 8. information may be detailed in an annex to the remittance guide, in which the number of pages of the annex shall be recorded. Quantity of merchandise transported. 9. Reason for transfer: 10. Sale; a) Consignment; b) Export; c) Purchase; d) Return; e) Transfer between establishments of the same Taxpayer; f) Transfer of goods for transformation; g) Transfer of goods for repair; h) Transfer by mobile seller sale; i) Exhibition or demonstration; j) Participation in fairs; k) Other, the reason must be expressly recorded l) different from those mentioned above. Type, number of authorization, numbering and date of 11. issuance of the Complementary Document or import document, when the reason for transfer is for what is indicated in subsections a), c), d), e) and f) of item 10. Start and end date of transfer. 12. The Remittance Guide may be issued by the seller, buyer, carrier or holder of the merchandise at the beginning of the transfer. The Remittance Guide does not replace the documents required by other institutions different from the Tax Administration, for the transfer of products or goods that by their nature require special documentation, being able to be simplified into one only prior to the corresponding institutional agreement, in which the requirements of the case shall be established. The transfer of merchandise within the national territory, intended for export, shall be supported by the corresponding customs document and in the absence thereof by the Remittance Guide that is issued for such purpose. In cases of international transit of merchandise, it shall not be necessary to issue the Remittance Guide, and shall be subject to current customs regulations. The second copy of the Remittance Guide may be withdrawn during the transfer by officers of the Tax Administration; otherwise the recipient of the merchandise must file it together with the original.

Article 31.-

SPECIAL CASES OF THE REMITTANCE GUIDE: In the case of products intended for itinerant sale, the 1. respective Tax Voucher numbers shall be recorded in the Remittance Guide, after each sales transaction. When for any reason it is necessary to change 2. the means of transport, the driver must record this fact and the detail of the route in the remittance guide, with the identification of the respective carriers. When the transfer is carried out jointly with the 3. Tax Voucher, the latter may cover the transport of the merchandise as long as it includes information related to the point of origin, the point of destination, the dates on which the transport transaction is carried out, the identification of the carrier, vehicle and driver. When the transport of merchandise cannot be completed 4. in the manner originally planned, such fact must be recorded in the Remittance Guide, with an indication of the reasons. In the case of transfer of goods by the acquirer who 5. is an end consumer, possession of the respective Tax Voucher shall be sufficient. The respective Remittance Guide shall not be issued in 6. cases of transfer of household effects.

Article 32.-

OBLIGATIONS TO ISSUE AND CARRY REMITTANCE GUIDE. The Remittance Guide evidences the legitimate possession of goods or merchandise, when the information recorded therein is truthful, relates valid Tax Documents and the merchandise in possession matches in quantity and quality with what is described in the aforementioned Remittance Guide. The Remittance Guide must be issued prior to the transfer and shall accompany the merchandise in transit throughout the entire route, unless the Tax Document justifying its ownership provides otherwise. The existence of goods in warehouse or storage must be supported with the Remittance Guide that substantiated its transfer, for any reason or with the corresponding Tax Document.

Article 33.-

WITHHOLDING TAX RECEIPT. Format Requirements. Issuer identification data: 1. National Tax Registry Number (RTN); a) Names and Surnames, Business Name or Corporate Denomination, b) as applicable. Natural persons may substitute their Names and Surnames with the business name registered in the National Tax Registry (RTN); Business Name; c) Address of the main office and of the establishment where d) the issuance point is located. Telephone number; and, e) Email that notifies through the corresponding f) adhesion contract. 2. Document denomination: "Withholding Tax Receipt". 3. Print Authorization Key (CAI), granted by the Tax Administration. 4. Current valid emission deadline. 5. Sequential number of the Withholding Tax Receipt, consisting of sixteen (16) digits (NNN-NNN-NN-NNNNNNNN), which are detailed as follows: The first three digits shall identify the establishment a) of the Obligated Taxpayer, based on the code assigned by the Tax Administration at the time of its registration and as main office the system shall assign code 000; The following three digits shall identify the issuance b) point, based on the code assigned by the Tax Administration at the time of its subscription; The following two digits shall identify the code of the c) Complementary Document, according to the following detail: 10 = Withholding Tax Receipt. The remaining eight digits shall correspond to the d) sequential numbering of the Withholding Tax Receipt which must begin at one (00000001). Once the eight digits are completed (99999999), the sequential numbering shall restart. The first three groups of digits are called the document identifier (items a, b, and c above) since it identifies the establishment, point of sale and type of document. 6. Current authorized range. 7. Destination of copies: Original: Client; and, a) Copy: Issuing Obligated Taxpayer. b) 8. Data of the printing company, for pre-printed Withholding Tax Receipts: Names and Surnames, Business Name, Corporate a) Name or Corporate Denomination, as applicable; National Tax Registry Number (RTN); and, b) Certificate number of authorization from the c) Fiscal Registry of Printing Companies.

Article 34.-

REQUIREMENTS FOR WITHHOLDING TAX RECEIPT ISSUANCE: A Withholding Tax Receipt must be issued for each withholding performed, recording the following information: Names and Surnames, Business Name or Corporate Denomination of the 1. withholding subject. National Tax Registry Number (RTN) of the 2. withholding subject. Data of the Tax Document that substantiates the transaction 3. subject to withholding, when applicable: Print a) Authorization Key (CAI). Sequential number of the Withholding Tax Receipt. b) Issuance date of the Withholding Tax Receipt. c) Taxable Base. 4. Description of the withheld tax. 5. Withholding rate or percentage, when 6. applicable. Total amount withheld. 7. Signature and seal of the withholding agent. 8. Issuance date. 9.

Article 35.-

OBLIGATION TO ISSUE WITHHOLDING TAX RECEIPT. Withholding agents are obligated to provide each Obligated Taxpayer with a Withholding Tax Receipt of the sum withheld as tax. The Withholding Tax Receipt must be extended at the moment the generating fact or the respective commercial transaction originates. At the time of issuance, several withholdings made in different commercial transactions may appear. In the case of Credit Card and Debit Card Service Operators and Concessionaires (OTCD), they must issue the Withholding Tax Receipt at the end of each month and deliver it within the first ten (10) business days of the following month of the withholding. The detail of the information of the Tax Documents that originated the withholding shall be recorded in this document or in an annex that constitutes an integral part thereof and shall be delivered to the subject from whom the withholding was made. Withholding Tax Receipts must be totaled and closed individually. In the case of Withholding Tax Receipts issued by computerized systems authorized by the Tax Administration, which have more than one page, each one must be numbered, specifying the number thereof and the total number of pages that make up the Withholding Tax Receipt. Employers are not obligated to issue Withholding Tax Receipts to their permanent workers, except in cases where the worker requests such receipt. CHAPTER IV OPTIONAL ELEMENTS

Article 36.-

OPTIONAL ELEMENTS. The Obligated Taxpayer may add optional elements to the Tax Documents and Complementary Documents such as: Electronic security system (barcode, QR 1. among others); Logos, slogans, website and others. 2. TITLE III GENERAL OBLIGATIONS UNIQUE CHAPTER GENERAL OBLIGATIONS

Article 37.-

SUSTENANCE OF TAX CREDIT, COSTS OR EXPENSES. To support the tax credit of the Sales Tax, and costs or expenses of the Income Tax, only valid Tax Documents that correspond are considered valid, provided they contain the requirements established in this Regulation.

Article 38.-

PRECAUTIONS FOR PRINTING AND ISSUANCE OF TAX DOCUMENTS AND COMPLEMENTARY DOCUMENTS. The materials and colors used in the preparation of originals and physical copies of Tax Documents and Complementary Documents must allow for recording and preserving in a clear, legible, precise and permanent manner the information established for that purpose; these must not present erasures, strikethroughs or corrections. Tax Documents and Complementary Documents cannot be issued on thermal paper. When documents are issued through computerized systems, the use of carbon, carbonated or chemically self-copying paper shall not be mandatory, provided that the programs allow for the issuance of the copy simultaneously or consecutively to the issuance of the original. In all issuances of Tax Documents and Complementary Documents, the information contained in the copies must be identical to that described in the original. In the case of Pre-valued Invoices, the base must be detachable and must contain the same information as the original.

Article 39.-

OBLIGATION TO VERIFY THE VALIDITY OF TAX DOCUMENTS AND COMPLEMENTARY DOCUMENTS. Obligated Taxpayers shall be responsible for verifying the validity of Tax Documents and Complementary Documents that support tax credit of the Sales Tax, and costs or expenses of the Income Tax as applicable, through the means made available by the Tax Administration for such purpose.

Article 40.-

OBLIGATION TO COMMUNICATE TO THE TAX ADMINISTRATION THE TEMPORARY USE OF TAX DOCUMENTS AND COMPLEMENTARY DOCUMENTS. Obligated Taxpayers must communicate the temporary use of Tax Documents and/or Complementary Documents, whose printing was previously authorized by the Tax Administration, in the following cases: When the address of the issuing 1. establishment, main office is changed, or the business name of the Obligated Taxpayer has been modified, provided that such changes have been declared in the National Tax Registry (RTN). When the documents are used in fairs, events 2. or temporary exhibitions in which case the information on the location of the fair, event or exhibition must be recorded in any form in the documents that are issued. In all cases of temporary use, the new data of the document that were modified must be recorded, in a legible manner and through any mechanism.

Article 41.-

VOIDED TAX DOCUMENTS AND COMPLEMENTARY DOCUMENTS. In the case of issuance of Tax Documents and/or Complementary Documents with errors, these must be voided, recording therein the legend "VOIDED" in handwritten, printed or stamped form. It shall be the responsibility of Obligated Taxpayers to safeguard the original and copy of voided Tax Documents and/or Complementary Documents, in chronological and orderly form, for the term of the statute of limitations established in the Tax Code.

Article 42.-

UNUSED TAX DOCUMENTS AND COMPLEMENTARY DOCUMENTS. Obligated Taxpayers must communicate through the system established by the Tax Administration, the non-utilization of Tax Documents and Complementary Documents within the first ten (10) business days of the following month of the occurrence of the following events: When the expiration of the term of 1. validity of the print authorization and validity expires; Due to modifications in the data of the Obligated 2. Taxpayer recorded in the Tax Documents and/or Complementary Documents; Due to temporary or permanent cessation of operations of one or more 3. establishments where the Tax Documents and/or Complementary Documents are extended; Due to cessation of operations of the obligated taxpayer; 4. Due to cancellation of the issuance point; 5. Due to deterioration of the Tax Documents and/or 6. Complementary Documents that prevent their use; Due to theft or loss of Tax Documents and/or 7. Complementary Documents, supported by the respective report accredited by the competent authority; Due to requirement errors detected after 8. delivery of the Tax Documents and/or Complementary Documents performed by the printing companies that performed their printing; Due to Pre-valued Invoices that have not been 9. utilized; Due to technical problems or failures in the system of 10. Obligated Taxpayers; Due to expired and unused Tax Documents and/or 11. Complementary Documents; Due to act of God or force majeure duly 12. accredited. The Obligated Taxpayer who fails to notify the non-utilization of Tax Documents and/or Complementary Documents, as well as the other obligations established in this Regulation, is subject to the sanctions established in the Tax Code and other applicable rules.

Article 43.-

CUSTODY OF DOCUMENTATION. Obligated Taxpayers have the obligation to maintain Tax Documents in file in an orderly, chronological manner and for the term established in the Tax Code and Special Laws. Such documents must be made available to the Tax Administration when it so requires.

Article 44.-

DAMAGE, DETERIORATION, LOSS, THEFT OR ROBBERY OF OTHER RECEIPTS. Other Receipts subject to damage, deterioration, loss, theft, or robbery must be notified to the Tax Administration by the affected Obligated Taxpayer, accompanying the original report extended by the competent authority. TITLE IV REGISTRATION IN THE BILLING SYSTEM AND PRINTING MODALITIES CHAPTER I REGISTRATION IN THE BILLING SYSTEM

Article 45.-

REQUIREMENTS FOR REGISTRATION IN THE BILLING SYSTEM. Obligated Taxpayers must comply with the following requirements to register in the Billing System: Have their data updated in the National Tax 1. Registry; Be current in the presentation and payment of formal 2. and material obligations before the Tax Administration; Subscribe to the adhesion contract; 3. Complete the form that the Tax Administration 4. provides to register in the Billing System; Obligated Taxpayers must register in the Billing 5. System before the Tax Administration, indicating with precision: Printing Modalities; a) Tax Documents and/or Complementary b) Documents; Establishments; c) Issuance Points. d) For compliance with registration in the Billing System, the Tax Administration shall make available the necessary means for its compliance.

Article 46.-

REGISTRATION IN THE PRINTING COMPANY MODALITY. Obligated Taxpayers who choose to issue pre-printed Tax Document and/or Complementary Document formats must select from the Fiscal Registry of Printing Companies, the printing company that will perform the printing work. In the case of Pre-valued Invoices, Professional Fee Receipts and Donation Certificates, these must be issued exclusively under the printing company modality.

Article 47.-

REGISTRATION IN SELF-PRINTER MODALITY. Tax Obligors that choose to issue Tax Certificates and/or Complementary Documents under this modality, with the exception of Pre-Assessed Invoices, Professional Fees Receipts and Donation Certificates, must register as such to the Invoicing Regime, through the means that the Tax Administration makes available. Self-printers that choose the use of Cash Register Machines must register each device that previously complies with the technical characteristics established in this Regulation and the establishment where each equipment is installed. Self-printers that choose the use of Computerized Systems must register each computerized system that has previously complied with the technical characteristics established in this Regulation, in order to identify the software that will be used to issue Tax Certificates and/or Complementary Documents, the establishment where the server is located and the different points of emission. Computerized Systems may be of two types:

  • 1)

    Independent Computerized System;

  • 2)

    Network Computerized System.

Article 48.-

STRUCTURE OF THE NETWORK COMPUTERIZED SYSTEM. It may present the following variants:

  • a)

    CENTRALIZED SYSTEM: The generation of Tax Certificates and/or Complementary Documents from establishments registered in the National Tax Registry (RTN) originates in a single emission point of its Computerized System at the national level. In this case it shall operate with a single sequential numbering, without prejudice to the parent company or branch offices.

  • b)

    REGIONAL SYSTEM: The generation of Tax Certificates and/or Complementary Documents from establishments or branch offices registered in the National Tax Registry (RTN) that are located in the same region originates in a single emission point of its Computerized System at the regional level. In this case it shall operate with a single sequential numbering for each region.

  • c)

    SYSTEM BY BRANCH OFFICE: The generation of Tax Certificates and/or Complementary Documents from establishments or branch offices registered in the National Tax Registry (RTN) originate in the emission points of its Computerized System of that branch office. In this case it may operate with various sequential numberings for each branch office.

Article 49.-

EMISSION POINTS. Emission points may be: 1. Fixed: These are points located in the establishments of the Tax Obligor. 2. Mobile: These are points used for itinerant sales, and these must be registered in their establishments at the time of their registration. CHAPTER II PRINTING MODALITIES

Article 50.-

PRINTING MODALITIES. The printing modalities are: 1. By Printing House 2. Self-Printer

Article 51.-

MEANS OF PRINTING BY SELF-PRINTER. The means of printing by self-printer are the following: 1. Cash Register Machines 2. Computerized Systems 3. Electronic Emission Authorization Systems

Article 52.-

SCOPE OF THE CASH REGISTER MACHINE. This means permits the printing and emission of Tickets, and must be registered as self-printing devices, and must comply with the following technical specifications: 1. Closed program that does not permit modifications or alterations of factory programs, such as modification of data in the cash register machine number, auto-generated sequential number, sequential number of totals and the total sales since the cash register machine begins to be used. 2. Fiscal Memory unit fixed to the frame in an immovable manner with data storage capacity. 3. Display that facilitates obtaining the Report of Sales recorded in each machine. 4. Tape or copy for audit of tickets issued, voided and correction or return operations. 5. Device for introducing sales operations (keyboard). 6. Other requirements that the Tax Administration may deem necessary for this type of machines.

Article 53.-

SCOPE OF COMPUTERIZED SYSTEMS. This means permits the printing and emission of Tax Documents and/or Complementary Documents by the Tax Obligor itself, using computer systems developed or acquired by it, in accordance with the following technical specifications: 1. The invoicing system must be integrated at least to 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 may permit incorporating the matrix of bidimensional or tridimensional code. 5. The System must have the capacity for generation of text-type files for its storage and transfer to the Tax Administration through web services or protocol exchange. The Tax Obligor must present a Sworn Declaration before the Tax Administration prior to being authorized as a self-printer of Tax Certificates and/or Complementary Documents, stating that its computerized systems comply with the aforementioned requirements, without prejudice to the penalty that corresponds according to law in case of non-compliance.

Article 54.-

SCOPE OF ELECTRONIC EMISSION AUTHORIZATION SYSTEMS. This printing means must interact simultaneously with the computer systems of the Tax Administration in order to obtain the Electronic Emission Authorization Code (CAEE) and the storage of information.

Article 55.-

CONTINGENCIES FOR THE SELF-PRINTER MODALITY. Tax Obligors that issue Tax Certificates and/or Complementary Documents under the self-printer modality, in the event of any contingency, system failures or others, may have Tax Certificates and/or Complementary Documents pre-printed by a certified printing house. In case of contingency, if the Tax Obligor under the self-printer modality does not have authorized pre-printed formats and performs commercial activities without issuing said documents, it shall be sanctioned in accordance with what is established in the Tax Code.

Article 56.-

INVIOLABILITY OF SYSTEMS. The Tax Obligor that violates the security mechanisms of the Electronic Emission System Modality shall be liable in accordance with what is established in the current laws of the country.

Article 57.-

GRADUAL INCORPORATION OF THE TAX OBLIGOR TO THE SELF-PRINTER MODALITY IN THE ELECTRONIC EMISSION MEANS. The Tax Administration shall notify the Tax Obligors that must be obligatorily incorporated to the Electronic Emission System Modality.

Article 58.-

IMPLEMENTATION AND MAINTENANCE. The Tax Administration shall establish the procedures and technical documentation for operation and functioning that are necessary to implement the Electronic Emission means, and shall likewise have the faculty to authorize the changes, modifications and/or updates that are necessary for the efficient functioning of the administrative and computer system. TITLE V PROCEDURE FOR AUTHORIZATION AND CONTROL OF PRINTING AND VALIDITY CHAPTER I AUTHORIZATION OF PRINTING AND VALIDITY

Article 59.-

AUTHORIZATION OF PRINTING AND VALIDITY. The authorization of printing and validity shall be eminently electronic. The management of requests for authorization of printing and validity of Tax Certificates and/or Complementary Documents, communications, as well as responses thereto, shall be handled through the electronic means that the Tax Administration makes available for such purpose. The authorization shall be by emission point and by type of document, establishing the range of sequential numbering. The Tax Obligor may make only one request for authorization of printing and validity per emission point until the authorized documents are exhausted, within two (2) months prior to the deadline for emission or to regularize its tax situation in case of denial.

Article 60.-

AUTHORIZATION OF PRINTING AND VALIDITY UNDER THE PRINTING HOUSE MODALITY. The Tax Obligor shall request from the Tax Administration, through the printing houses certified in the Tax Registry of Printing Houses, accredited by it, the authorization of printing and validity of its Tax Certificates and/or Complementary Documents. Without prejudice to the provisions of the preceding article, requests for authorization of printing and validity under the printing house modality shall be made through the means that the Tax Administration makes available.

Article 61.-

AUTHORIZATION OF PRINTING AND VALIDITY UNDER THE SELF-PRINTER MODALITY. After having registered in the Invoicing Regime, the Tax Obligor shall request from the Tax Administration the authorizations of printing and validity of its Tax Certificates and/or Complementary Documents electronically, without prejudice to other means that the Tax Administration may make available. When Tax Obligors choose the self-printer modality by cash register machine, the authorization shall be for each device, establishing the range of sequential numbering in the manner established in Article 17 numeral 4) of this Regulation. If Tax Obligors choose the self-printer modality by computerized system, the authorization shall be for each System and type of Tax Certificates and/or Complementary Documents, establishing the range of sequential numbering.

Article 62.-

TERM FOR USE OF FISCAL RECEIPTS AND/OR COMPLEMENTARY DOCUMENTS.

The Tax Administration shall authorize the printing and validity of Fiscal Receipts and/or Complementary Documents for a maximum term of one (1) year. Fiscal Receipts and/or Complementary Documents shall lose their validity and may not be used when the authorized time period has expired. CHAPTER II CONTROL OF PRINTING AND VALIDITY

Article 63.-

TAX CONDUCT. Notwithstanding the provisions of the preceding Article, the Tax Administration, in accordance with the tax conduct of the Tax Obligated Party, may limit and/or condition the authorization of printing and validity of Fiscal Receipts and/or Complementary Documents. The determination of tax conduct shall be made considering the following criteria: Updated information of the Tax Obligated Party in the National Tax Registry; 1. 2. Compliance with its formal and material obligations; 3. Firm liquid debts that are due and pending payment; When, due to causes attributable to the Tax Obligated Party, there are procedures pending notification by the Tax Administration, such as Administrative Assessment and Desk Verification, Field Verification of Compliance with Formal Obligations, Official Determination Procedure, Tax Audits, Collection Procedures, or pending execution of Requirements and Summons. 4. Prior to requesting the authorization of printing and validity of Fiscal Receipts and/or Complementary Documents, the Tax Obligated Party must verify its tax conduct so that the request is not rejected, limited, and/or conditioned by the Tax Administration. The Tax Administration may cancel the validity of the authorizations granted when inconsistencies or alterations are verified in the documents issued or in the systems used for their printing, attributable to the obligated party that issued them.

Article 64.-

REQUEST FOR VERIFICATION. The Tax Obligated Party that requests an authorization of printing and validity and this is rejected, must appear before the Tax Administration within a mandatory term of ten (10) business days counted from the day following the communication, in order to regularize its tax situation. Within the same term, in case of disagreement with the rejection of the request, the Tax Obligated Party may request verification of management in physical form or through the electronic mailbox. The Tax Administration, by means of the corresponding administrative act, shall grant or deny the request for verification, which shall be resolved in accordance with the terms established by the Tax Code. TITLE VI FISCAL REGISTRY OF PRINTING PRESSES, REQUIREMENTS FOR REGISTRATION, OBLIGATIONS AND PROHIBITIONS CHAPTER I FISCAL REGISTRY OF PRINTING PRESSES AND THEIR REGISTRATION REQUIREMENTS

Article 65.-

REGISTRATION OF PRINTING PRESSES. Tax Obligated Parties that have the activity of printing and wish to print pre-printed Fiscal Receipts and Complementary Documents to third parties, must register in the Fiscal Registry of Printing Presses, in accordance with the requirements and procedures established in this Regulation. Registration in the Fiscal Registry of Printing Presses and the procedure for requests to print Fiscal Receipts and Complementary Documents shall be carried out through the means that the Tax Administration designates for such purpose.

Article 66.-

REQUIREMENTS FOR REGISTRATION IN THE FISCAL REGISTRY OF PRINTING PRESSES. Tax Obligated Parties may request their registration in the Fiscal Registry of Printing Presses that comply with the following general requirements: Be registered in the National Tax Registry (RTN); 1. Have updated information of the tax domicile, telephone 2. and email address in the National Tax Registry (RTN);

Have as principal or secondary economic activity 3. "Printing Activities", registered in the National Tax Registry (RTN); Execute an adhesion contract with the Tax 4. Administration; 5. Not have formal and material tax obligations pending fulfillment; Have permanent access to internet; 6. 7. Have the printing machinery necessary for the complete preparation of Fiscal Receipts and Complementary Documents in its facilities, whether owned or exclusively leased; Approve the printing authorization tests that the Tax 8. Administration establishes for such purpose.

Article 67.-

CERTIFICATION OF PRINTING PRESSES. Once the requirements indicated in the preceding article are met, a Printing Authorization Certificate shall be issued to the printing press with a validity of two (2) years. If the Tax Obligated Party wishes to renew the Printing Authorization Certificate, it must request it from the Tax Administration six (6) months prior to the expiration of the term indicated in the preceding paragraph, and the Tax Administration must conduct the corresponding verification.

Article 68.-

EXECUTION OF CONTRACT IN THE PRINTING PRESS MODALITY. Printing presses that have passed the necessary tests to be Certified in the Fiscal Registry of Printing Presses must execute the Contract that the Tax Administration designates for such purpose. Without prejudice to the provisions established in the aforementioned contract, printing presses are subject to the civil, criminal and administrative liability that derives from their actions. CHAPTER II OBLIGATIONS AND PROHIBITIONS OF PRINTING PRESSES

Article 69.-

OBLIGATIONS OF PRINTING PRESSES. Printing presses registered in the Fiscal Registry of Printing Presses shall have the following obligations: Verify and request a copy of the Identity Card and/or the National Tax Registry of the Tax Obligated Party or its Legal Representative, at the time it requests the printing of Fiscal Receipts and Complementary Documents, which must be filed attached to such request. 1. Request authorization from the Tax Administration to print Fiscal Receipts and Complementary Documents for each request received from the Tax Obligated Party, complying with the procedures defined by it. 2. Prior to the printing of the requested Fiscal Receipts and/or Complementary Documents, the printing press must require its clients to sign and/or seal the printing authorization request. 3. Conduct all printing work of the Fiscal Receipts and Complementary Documents authorized by the Tax Administration, complying with the requirements established in this Regulation and with the data indicated in the corresponding printing authorization. 4. Inform the Tax Administration, through the request for Activation or Cancellation of Fiscal Receipts and Complementary Documents at the time of delivery of the printing work to the Tax Obligated Parties, and must file the delivery receipt. 5. Inform the Tax Administration, through the request for Activation or Cancellation of Fiscal Receipts and Complementary Documents of the printing work that has not been claimed by the Tax Obligated Party within a period of one month from the date of the request. 6.

Allow the entry of personnel authorized by the Tax Administration to its facilities for the purpose of verifying the correct performance of the printing work of Fiscal Receipts and Complementary Documents, and the requirements and conditions established in this Regulation. 7. Comply with formal and material tax obligations. 8. Issue the corresponding Fiscal Receipt for the services it provides. 9. Keep its tax domicile, the establishments where it operates, and its principal or secondary economic activity updated in the National Tax Registry (RTN). 10. Notify the Tax Administration within a term of ten (10) business days following the theft, robbery, loss, or destruction caused by force majeure or act of God of printed documents not delivered to the client, presenting the corresponding supporting documentation. 11. Preserve for the term established in the Tax Code in an orderly and chronological manner, the printing requests and delivery receipts of Fiscal Receipts and Complementary Documents. Said period shall be counted from the date of delivery thereof. 12.

Article 70.-

PROHIBITIONS OF PRINTING PRESSES. Tax Obligated Parties registered in the Fiscal Registry of Printing Presses have the following prohibitions: Print Fiscal Receipts and Complementary Documents not authorized by the Tax Administration. 1. Repeat for any reason the printing of Fiscal Receipts and Complementary Documents that have been prepared and delivered previously. 2. Print Fiscal Receipts and Complementary Documents that have been reported as not produced by the printing press to the Tax Administration. 3. Replace Fiscal Receipts and Complementary Documents that have been lost, stolen, or damaged prior to their delivery to its clients. 4. Conduct printing work of Fiscal Receipts and Complementary Documents, the printing of which has been authorized by the Tax Administration to another printing press. 5. Subcontract other printing presses to perform the printing work of Fiscal Receipts and Complementary Documents, partially or in its entirety. 6.

Article 71.-

CONTROL OF PRINTING PRESSES. The Tax Administration shall conduct controls of printing presses to verify compliance with the obligations and prohibitions established in this Regulation. TITLE VII GENERAL, TRANSITORY AND FINAL PROVISIONS CHAPTER I GENERAL PROVISIONS

Article 72.-

PROCEDURES AND TECHNICAL CRITERIA. The Tax Administration shall issue the necessary procedures and technical criteria for the application of this Regulation, unless provided otherwise by law.

Article 73.-

MODIFICATION AND UPDATING. The Secretary of State in the Office of Finance in coordination with the Tax Administration shall make the changes, modifications, and/or updates

that are necessary for the efficient application of this Regulation.

Article 74.-

POWER OF CONTROL OF THE TAX ADMINISTRATION. The Tax Administration must exercise the necessary controls to verify compliance with this Regulation.

Article 75.-

OBLIGATIONS. Non-compliance with the obligations contained in this Regulation shall be processed in accordance with current legislation. Tax Obligated Parties must maintain in a visible place the informational posters that the Tax Administration provides to them free of charge, preferably where payment is made or Fiscal Receipts and/or Complementary Documents are issued, in order to encourage compliance with the obligations provided for in this Regulation. CHAPTER II TRANSITORY PROVISIONS

Article 76.-

TRANSITION PERIOD. Tax Obligated Parties that, as of the date of entry into force of this Regulation, are issuing documents authorized in accordance with the provisions of Agreement No. 189-2014 and its amendments, may use them until the Emission Deadline or until the Authorized Range of such documents ends, whichever occurs first. In cases where Tax-Customs Instructions, Regulations, or Administrative Acts indicate the use of the Sales Receipt, it should be understood that the Fiscal Document to be issued is the Invoice.

Article 7.-

SPECIFIC CASE OF PRINTING FACILITY CERTIFICATION. Printing facilities that are currently authorized by the Tax Administration in accordance with Agreement 189-2014 to print Tax Documents must be certified in accordance with the provisions of this Regulation, and must submit the Printing Facility Certification application within four (4) months following the effective date thereof. In cases of non-compliance with this Article, the printing facility shall be removed from the Fiscal Registry of Printing Facilities, without prejudice to submitting a new Printing Facility Certification application. CHAPTER III FINAL PROVISIONS

Article 78.-

REPEAL. The following legal provisions are hereby repealed: Agreements No. 189-2014 containing the Regulation of the Invoicing System, Other Tax Documents and Fiscal Registry of Printing Facilities, and its reform established in Agreement No. 058-2014. Any regulatory provision that conflicts with these provisions.

Article 79.-

EFFECTIVE DATE. This Regulation shall become effective once two (2) months have elapsed counted from the day following the business day of the date of its publication in the Official Gazette "La Gaceta". BE ADVISED AND PUBLISHED JORGE RAMÓN HERNÁNDEZ ALCERRO Secretary of State Coordinator General of Government By delegation of the President of the Republic Executive Agreement No. 031-2015 published in the Official Gazette "La Gaceta" on November 25, 2015 WILFREDO RAFAEL CERRATO RODRÍGUEZ Secretary of State in the Ministry of Finance

Notes

Loading…