According to resolution 201-0702 of January 26, 2023, whereby resolution 201-2422 of April 27, 2020 and resolution 01-0374 of January 21, 2021 are annulled and the procedure for the request for the issuance of endorsed peace and salvos is unified, in its operative part it states the following:
First: APPROVE the electronic procedure for requesting the issuance of endorsed peace and salvos issued by the General Directorate of Revenues of the Ministry of Economy and Finance.
Second: TO INFORM that the requests for the endorsed clearance of accounts, together with the supporting documentation, must be sent to the following e-mail address: [email protected]
Third: The documents to be submitted for the endorsement requests are the following:
Explanatory memo, addressed to the General Director of Revenues , detailing a contact e-mail and telephone number ( landline/cellular), of the applicant and the reasons why the certificate of good standing cannot be generated electronically in the tax computer system e-Tax 2. 0, signed by the attorney-in-fact, legal representative or applicant and justify that they are requesting the approval based on Executive Decree No. 251 of March 24, 2020, which adopts tax measures to alleviate the economic impact resulting from the National State of Emergency, if this is the case or if there is any other, they may justify the reason for the request.
2. Copy of the Notice of Operation
3. Copy of the document that evidences the identity of the taxpayer both for natural and juridical person, in this last one of the legal representative.
4. Copy of the application for the rejected peace of mind.
5. In case the taxpayer maintains a pending process by the General Directorate of Revenues, submit a copy of the request of the pending process.
6. Elements that support the inconsistency of the current account, if applicable.
7. If the taxpayer has pending collection proceedings with the State, submit the details of the pending accounts in different entities.
8. Any other document or evidence that the applicant considers to support the request.
9. The General Revenue Directorate may request additional documents in order to validate and approve the formalized application.
Once the documentation has been received, the General Directorate of Revenue may validate the same or request additional information or documents that in its opinion are necessary to support the request.
Fourth: The General Director of Revenues in use of his legal powers will analyze the requests, evaluating the elements that motivate the request and the evidence presented by the taxpayers so that he may consider his approval or rejection of the requests for certificates of good standing for debts generated as a result of the covid-19 pandemic.
Elements that will motivate its decision:
1. Debts generated prior to the declaration of the State of National Emergency.
2. History of compliance with the tax obligations of the taxpayer.
3. Applicant’s current account
4. That does not comply with some of the requirements for natural and/or legal person
detailed in the third article of this resolution.
5. If the taxpayer maintains unfulfilled payment arrangements.
Fifth: In the event that the taxpayer has non-compliance with formal obligations, such as the presentation of reports or declarations, he/she will be notified in the same act that gives response to his/her request.
Sixth: In the event that the taxpayer has debts, he/she shall make a payment arrangement that guarantees compliance with his/her obligation in which he/she may assign even in whole or in part the account to be collected with the State. For this purpose, the necessary agreements and documents will be issued for the validation of this assignment.
The minimum percentages of payment for the conclusion of the payment arrangement will depend on the financial situation of the taxpayer and the history of compliance, so as to guarantee compliance with its obligation before the General Directorate of Revenues.
Seventh: In the case of payment of real estate or farms, if the taxpayer maintains a request for exoneration, equalization of values or payment arrangements, the payment is generated with the observation that it is not valid for transfers, segregations, farm sales, or any other procedure that implies the transfer of the property. However, in the event that there is a duly notarized letter of promise to pay, through which a bank or financial entity duly recognized in the Republic of Panama commits to pay the tax obligations that the taxpayer has at the time of the request for the payment, the taxpayer shall not be liable for the payment of the tax.
Once the sale, segregation or transfer procedure is concluded for which the peace and bond is required, after verification of the documentation before the corresponding banking or financial entity, the Director may authorize the use of the same for these purposes.
In these cases, the certificate of good standing must be accompanied by a note addressed to the Public Registry of Panama, and signed by the General Director of Revenue, indicating the details of the good standing generated, and the procedure for which it has been approved. Additionally, an authenticated copy of the Bank’s letter of promise to pay must be attached.
Eighth: In the case of assets administered by the State through all its agencies, and which are acquired by taxpayers through public auctions, the General Directorate of Revenues, may issue an endorsed payment, provided that the new owner of the real estate, The new owner of the property undertakes to pay in full the debt owed at the time of its transfer or that there is a payment arrangement or agreement for the amounts owed, complying with the initial payment and the cancellation of what is owed in a period not exceeding 60 calendar days, without prejudice that the buyer may be referred to Coactive Jurisdiction, in case of noncompliance with the payment arrangement subscribed. In the event that there is a payment arrangement or agreement with this Directorate, the certificate of good standing must be accompanied by a note addressed to the Public Registry of Panama and signed by the General Director of Revenues, indicating the details of the good standing generated,
and the procedure for which it has been approved.
Requirements that must be presented in person at the General Directorate of Revenues, for these cases:
l. Memorial of the awardee in which he/she requests to formalize a payment agreement with this Directorate.
2. Copy of proof of the total payment of the delinquency or proof of the payment arrangement or agreement approved by this Directorate.
3. Copy of the Act of Provisional Delivery, issued by the Department of Administration of Apprehended Assets.
4. Request issued by the Directorate of Administration of Seized Assets of the Ministry of Economy and Finance, in which the NIT of the property is requested so that the successful bidder, by authorization of the Ministry of Economy and Finance, may generate the certificate of good standing electronically in the e-Tax 2.0 computerized tax system.
5. Affidavit rendered by the buyer before a Notary Public in which he/she acknowledges and accepts the debt that the property maintains at the time it is acquired and that he/she commits to pay the amounts that the property maintains pending at the date of its acquisition.
Ninth: Those taxpayers who are in proceedings for administrative tax evasion or criminal tax fraud shall not be able to apply for the endorsed peace of mind.
Tenth. This resolution shall be effective as from its publication in the Official Gazette and no administrative appeal may be filed against it.
For further information, we are at your disposal.