Press Room

EL SALVADOR: EXTENSION OF THE DEADLINE FOR THE FILING OF THE INCOME TAX STATEMENT AND THE PAYMENT OF THE INCOME TAX AND OTHER TAX OBLIGATIONS

May, 2020

On May 14, 2020, through the Legislative Decree No. 643 the Congress approved the Temporary Law to Facilitate Voluntary Compliance with Tax Obligations due to the National Emergency caused by the Pandemic by COVID-19. Such legislative decree was published in the Official Gazette No. 98, Volume No. 427 of May 15, 2020, and therefore is already in force from such date of publication in the Official Gazette.

The abovementioned Legislative Decree allows the filing of the income tax statement and the payment of the income tax corresponding to the tax year 2019 to be made no later than June 30, 2020, without the payment of interest, fines and any surcharge.

This extension applies for Small (Others), Medium and Large Taxpayers, as well as for individuals not registered as VAT taxpayers, that:

  • Have not filed the aforementioned statement yet, or if they have filed it they have not paid the income tax yet.
  • Those who submitted the income tax statement on or before April 30, but did not make the payment of the tax, whether or not they requested payment in installments.
  • Those who submitted the income tax statement after April 30 and requested payment in installments
  • Those who must modify their original statement for containing error and the modification reflects an original or complimentary tax to be paid or a decrease in the balance in favor.


The abovementioned extension is also applicable for the filing and payment of the Special Contribution of Large Taxpayers for the Citizen Security Plan, no later than June 30, 2020.

The Legislative Decree mentioned above grants to the Small, Medium and Large Taxpayers the flexibility to make the payment of the Income Tax in installments without generating any payment of fines, interests, or surcharges. The installments granted to make the installment are as follows depending on the type of taxpayer:

The abovementioned Legislative Decree No. 643 also extends other tax obligations, such as:

  • The filing of the opinion and fiscal report for the year 2019 until July 31, 2020.
  • The appointment of the fiscal auditor for the year 2020 until July 31, 2020. Pursuant to this decree, the General Shareholders' Meetings may be held via video conference.
  • The filing of form F-971 Balance Sheet and Income Statement Report until June 30, 2020.
  • In addition, only Medium and Small taxpayers are exempt from the obligation of the monthly payment or monthly advance payment of the Income Tax for the tax periods of April, May and June of two thousand twenty and although they should not make such payments, they must fulfill their formal obligation to file within the respective legal ordinary terms the payment statement or the advance on account and report the withholdings they have made.

It is important to bear in mind that the aforementioned Legislative Decree is already in force from Friday, May 15 2020, date on which it was published in the Official Gazette.

You can access the approved legislative decree by clicking here.

We are at your disposal for any legal assistance or advice that you require on this matter.


Luis Barahona
Partner

luis.barahona@ariaslaw.com


César López
Associate
cesar.lopez@ariaslaw.com

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