Tax Amnesty

Tax Amnesty

Tax Amnesty

Published on november 16 , 2023

Foto de Alan Stanley Santos Beltrán

Alan Stanley Santos Beltrán - Associate

On November 1st of this year Legislative Decree number 875 was published, which contains the new normative body called ,SPECIAL AND TRANSITORY LAW THAT GRANTS FACILITIES FOR THE VOLUNTARY COMPLIANCE OF TAX AND CUSTOMS OBLIGATIONS, composed by 13 articles and that regulates the extemporaneous compliance of the payment of such obligations.

All taxpayers have the obligation to cancel all their Tax and Customs obligations, as required by the current laws of the Republic of El Salvador; however, not all taxpayers have the economic capacity to make such payments when due, due to various circumstances that have arisen, such as the world inflationary crisis or cash flow deficiencies, among others. As a consequence of this, they fall behind in their tax payments, which may affect them in the long term, in addition to the consequences, even criminal, that this may entail.

In view of the above and with the purpose of providing opportunities to all taxpayers to settle different debts they have with the Treasury and to cancel the payments that are pending, this tax amnesty has been issued, even allowing tax debts to be amortized in installments. It should be mentioned that this situation also benefits the Treasury to the extent that it allows it to increase tax collection.

In the content of said special law, it is mentioned that any taxpayer may avail itself of the benefits established therein, for which it divides them as follows: a) Taxpayers obliged to pay taxes under the jurisdiction of the General Directorate of Internal Taxes; b) Taxpayers obliged to pay taxes under the jurisdiction of the General Directorate of Customs; and, c) Taxpayers obliged to pay taxes whose debts are liquid, firm and enforceable.

On the other hand, said Legislative Decree provides a specific term for all taxpayers to avail themselves of the corresponding benefits; this term begins as from the effective date of the Decree, until December 8 of the current year, during which payment shall be made by any of the following means: any legal tender, cashier's, manager's or certified checks, Public Treasury Credit Notes, credit or debit cards accepted by the General Treasury Directorate and presenting the corresponding tax returns or merchandise declarations, in the situations where it is appropriate to do so. The General Treasury Directorate will grant a term for the taxpayers to make the amortizations of the debts taking into consideration the amount owed. In case of non-compliance with the payment in installments, after the term granted, the benefits conferred therein will be lost.

The purpose of this amnesty is to facilitate taxpayers to voluntarily cancel all outstanding Tax and Customs obligations. For this reason, it offers different means of payment and terms with the purpose of complying with these obligations before the Treasury, also exonerating fines, interests and surcharges with the result that they are solvent before any institution.
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Last June, the new Instructions for the Prevention, Detection and Control of Money Laundering, Financing of Terrorism and Financing of the Proliferation of Weapons of Mass Destruction, issued by the Attorney General's Office (FGR), under the framework of the Anti-Money Laundering Law (LCLDA), came into force. In its Article 2, the LCLDA establishes that every person must submit information to the FGR that allows demonstrating the licit origin of any transaction he/she carries out. This leads us to conclude, then, that every person must prepare the manual and internal policies for the implementation of a money laundering prevention system, and the continuous development of these.

What is the difference between the new Instructions and the prevention systems elaborated before it came into force? Article 4 of the Instructions requires individuals to apply a risk-based approach, which consists of identifying, assessing and understanding the risks of their sector and operation, and applying resources aimed at ensuring that they are effectively mitigated. Therefore, it is necessary to update the manuals and policies that companies had developed in the past, so that they have a risk-based approach and comply with the new provisions.

From the manuals prepared, it is necessary to comply with other obligations, among them, to develop due diligence and KYC policies to identify the final beneficiary of the company's business relationships, to detect and mitigate all unusual or suspicious transactions and report them to the FGR (not only cash transactions), to train employees, to keep a historical record of the files analyzed, and above all, to appoint a compliance officer.

Why is it important to comply? Article 8 of the LCLDA establishes that, if there is any encumbrance due to negligence, impertinence or ignorance of the directors or employees of the companies, there will be a sanction of two to four years in jail.

Therefore, as a Firm we recommend:


We offer you our services, in order to comply with these legal obligations, so that your company has the peace of mind and support of a money laundering prevention system.

For more information about how this may affect your company, please contact our specialized team at bvaldez@bvaldezlaw.com  or  benjamin@bvaldezlaw.com