Apr 3, 2025
Inactive companies in Costa Rica are legally constituted legal entities that do not carry out economic activities but maintain assets registered in the National Registry or other institutions, especially financial ones. According to data from the Ministry of Finance, approximately 250,000 companies in the country are in this inactive status, many of which maintain assets such as property, vehicles, or financial investments without conducting regular business transactions. These entities, despite their operational inactivity, have formal obligations to comply with the General Directorate of Taxation (DGT). Failure to comply with these obligations can result in significant financial penalties and even legal consequences for their representatives.
The main requirement for these companies is the submission of the D-195 Informative Declaration, a form that must be completed and submitted through the Virtual Tax Administration (VTA) platform before April 30 of each year. This document requires details of all assets registered in the company's name, including real estate, vehicles, bank accounts, and any other significant assets, as well as information on outstanding debts or obligations. Furthermore, the source of the funds used to acquire these assets must be justified, making this declaration a tool for the DGT in its fight against tax evasion.
The Treasury has intensified its monitoring of these companies to combat tax evasion. By cross-referencing information with databases such as the National Registry and the national financial system, authorities can identify discrepancies between declared assets and actual assets. This digital audit system has made it possible to detect cases where supposedly inactive companies held significant undeclared assets or with unjustified increases in equity. The challenge stems from the fact that many of these legal structures have historically been used to conceal assets, evade transfer taxes, or even launder money.
The consequences of failing to comply with their obligations lead to fines and sanctions, as well as triggering an asset audit, where the DGT investigates not only the company's assets but also the personal assets of its legal representatives, seeking to identify possible irregularities.
Beyond the punitive aspect, the risk for these companies lies in the possibility that the DGT (General Directorate of Taxes) may question the origin of their assets, which could lead to the imposition of retroactive taxes, additional fines for omissions in previous years, or even the opening of investigations into possible illicit activities. For this reason, we recommend not only meeting the established deadlines but also maintaining supporting documentation of the origin of all registered assets, including invoices, sales contracts, or documents evidencing capital contributions.