All Inactive Corporations Must File a D-140 Form by the Specified Date
The Tax Office (Dirección General de Tributación Directa) of the Costa Rican Revenue Service (Ministerio de Hacienda) requires that all inactive corporations registered in Costa Rica file a form called a D-140 to report their inactive status. An inactive corporation is one that is not currently conducting business or a corporation that previously registered with the revenue service and was voluntarily removed from the list.
The Tax Office issued a schedule in which corporations must file the D-140 form. Corporations must file this form during a specific month, according to the last digit of the corporation’s ID number, known as the cédula jurídica.
Corporations that do not comply with this may be fined an amount starting at $400.00 USD.
This schedule came into effect in October of 2017, however it was suspended shortly after. The Revenue Service (Hacienda/Tributación) since issued a new schedule for corporations to file this form.
The corporations with ID numbers ending in 1 and 2 were previously required to file by October 31, 2017. Those were the only corporations that came due before the suspension that the Hacienda issued in November. If those corporations did not file, then they will be fined.
Only the corporations with ID numbers ending in 1 and 2 that were created in Registro Nacional after October 31, 2017 or that were ‘revived’ based on the ‘Lazarus’ Law, are allowed to file the D-140 form and are not subject to the fine. The Hacienda since released a new schedule. These corporations are to file during February of 2018.
Below is the new schedule. If a corporation files before their corresponding month, their request will not be processed until that month comes.
Filing Schedule
As always, feel free to reach out to us with any questions. We, at Outlier Legal Services, are here to help!
I have owned an inactive corporation here in Costa Rica for 12 years and have never heard of this form.. Is this something new and where can I obtain this form and with whom do I file it.
Thomas,
This requirement to file the form was the result of the new corporate tax. When the Costa Rican Congress passed the law creating the corporate tax, the Revenue Service created the requirement for all inactive corporations to file this form in order to remain inactive.
The form is to be filed with the revenue service, and the form can be obtained at the website of the revenue service.
We can complete this process for you. Let us know if you would like us to help you with this step.
Last July I obtained a Documento De Deinscripción En El Registro Único Tributario from the Ministerio de Hacienda for a corporation that had been inactive for many years. The Fecha Fin Actividad on the document is shown as 18072017 and the Motivo Desinscripción is shown as Fin De Actividad. Do I still have to file the Form D-140 for this corporation? Thanks.
Steve,
Since the revenue service has not been very organized with this process, our suggestion is to check the website of the revenue service to determine if you are still inactive. You can check here https://www.hacienda.go.cr/ATV/frmConsultaSituTributaria.aspx
rafavalverde,
Thanks for the timely response. The page at hacienda.go.cr indicates Inscrito de Oficio with the Fecha de Inscripción shown as 01/09/17 while the Fecha de Desinscripción is blank. I guess that means I’ll have to submit the form. Should I bring the Documento de Desinscripción with me?
Steve,
Per your comments, you should then file the D-140 according to the schedule. You can indeed bring the form with you.
I have 2 corporations. Neither has ever done any business for profit. One owns my home and property and the other owns 2 vehicles. Are those classified as “inactive corporations”? I paid taxes for both last October, but I never heard of the form that is discussed in this post. Does it apply to me?
William,
What determines whether the company should be listed as active or inactive, is whether you are running a business. If you only have corporations for the purpose to hold assets such as a house or a car, then you should get them registered as inactive.
I have 2 corporations. One is a S.A. that was created on March 10, 2017. The last number of the Cedula Juridica is “0”. This corporation has never had any assets, nor has it been used for business.
The other corporation is a S.R.L. that was created on Sept. 11, 2014. The last number of the Cedula Juridica is “7”. This corporation has vacant property in it. It also has a house on other property that is about to be sold although it has not been use for any other business. How does the D-140 form apply to these 2 corporations? I assume that the form has to be filed as per the date on the filing schedule. What will this cost?
Johnny,
Thank you for your comments. Indeed, the forms must be filed according to the schedule. According to the numbers of your corporations, the filing dates will be in July and October. The cost is $150 USD per corporation.
First, thank you for the concise information. Next, as I understand it, that form is only required to maintain status as an INACTIVE corporation. If you do not file on time, you will be charged the $150 to file AND a fine of at least $400 (first question is how is that fine determined?) Next questions – If you fail to file completely, will your corporation be turned into an ACTIVE corporation? And if so, are the taxes less than the $550+ it would cost to claim it inactive after the deadline? And if the costs are less to let it slide into ACTIVE status, what can they do to turn it back into an inactive corporation? Do we need to file this every year now? It seems as if it would be cheaper still, to just cancel the corporation and create a new one all together for $400 with a local attorney. NO? yes? Thanks for your insight into options for my clients who have misunderstood and missed the deadline!
Esto es ¡increíble! No he leído algo como esto desde hace mucho . Gratificante hallar a alguien con algunas ideas nuevas sobre este tema. Este sitio web es algo que se necesita en Internet , alguien con un poco de sinceridad. Un trabajo útil para traer algo nuevo a Internet. Gracias de todos lo que te leemos.
Hi thank you for the great information. I live in the states, born in Costa Rica. My dad is there now, We’ve had a corporation for 20 years. It was once cabinas + bed, breakfast, now inactive. Where can this form be found? Does he go to Banco de Costa Rica and pay what he owes, Does la Hacienda have a physical location where he can fill out the paperwork?
Thanks in advance
Our inactive corporation is due to be registered this month (last digit is 0). I hope they will have the D140 available to complete as they did for my friend when she went to the office in Limon. My question is, besides the D140, what other documents need to be presented? My husband’s passport number has changed since we took possession of the corporation 10 years ago. He has obtained a notarized document from a lawyer in CR that states that the passport number on the corporation and the current passport number belong to the same person. Is there anything else we should bring with us?
Lynn,
Our apologies for the late reply. You should update your husband’s passport number with the Registry. Once that is done, then you will be able to file the D-140 to keep your company up to date.
Hi, I was supposed to file by d 140 by August, 2018 for my S.A. that only holds property that I live in.
I am going to file before the end of the year. QUESTION: Can I still file even though I am filing AFTER my “month” to file? Stupid question I hope.
Thanks so much
Danielle,
You should file as soon as you can. Otherwise, you run the risk for the government to dissolve the company. While it takes a while for this to happen, it is advisable to be compliant as soon as you can.
Thank you. Your newsletter is the best I have seen with regard to understanding law changes during my 12 years in CR. Do we have to file the D140 each year?
Angelina,
Indeed, it is required to file the D-140 once a year.
We think this was done last year but the accountant that did it has since disappeared. Is there a way to check if we are compliant?
Angelina,
It is possible to check online with Hacienda.
https://www.hacienda.go.cr/ATV/frmConsultaSituTributaria.aspx