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EXPENSE SUPPORT

In the previous article we indicated that there are 4 fundamental requirements for expenses to be considered deductible for the purpose of reducing Net Income, which are:

1.     That the expense is from the fiscal period in which it is intended to be deducted.

2.     That the due Withholding at Source has been made and the same has been reported to the Tax Administration, otherwise, the expense will be deductible in the period in which said withholding is reported.

3.     That it is duly registered in the accounting and supported by documentation.

4.     That contributes to the generation of taxable income of the company.

In this article we will present some criteria to take into account regarding one of the most frequent concerns that we encounter: How do we bear our expenses properly? For this, we must first differentiate the type of expense that we want to support and that is what we will explain below:

I.               PURCHASE OF GOODS AND SERVICES

The ideal tax support for an expense is the formal INVOICE that meets the requirements established by current tax legislation, therefore, the commercial invoice no is admitted as support for an expense.

The invoice will be prepared in the printers authorized by the Tax Administration (the DGI has already published an official list) and must meet the following requirements:

a. Extenderla en duplicado, entregándose el original al comprador o usuario;

b. Emitirla en el mismo orden de la numeración sucesiva que deben tener según talonarios de facturas o documento;

c. That contain the date of the act, the name, company name or denomination and the RUC number of the seller or provider of the service, address, email and conventional or mobile landline telephone, where appropriate;

d. Indicate the quantity and class of alienated goods or service rendered;

and. Reflect the unit price and total value of the sale or VAT-free service, stating the reduction or discount where appropriate. Indicate the tax corresponding to the exemption, if applicable, specifying the reason for the exemption

In addition to the Invoice, you can also support the purchase of goods with machine tapes or computer tickets, provided that they are duly authorized by the DGI, for which it will be necessary for the tapes or tickets issued to contain the date of the act, the name, company name or denomination and the RUC number of the seller or provider of the service, address and telephone number, if applicable.

What happens if the provider of the good or service does not have invoices or authorized tapes?

In the event that it is not possible to have any of the documents of the last two points mentioned or that the transaction must be carried out with certain solemnities, we can bear our expenses with the preparation of a Public Deed or a Private Contract according to the case

Both the Public Deeds and the Private Contracts must include the following information:

a.     Identification of the parties (it is essential to include the identity card, residence or passport number).

b.     The description of the good or service.

c.     Quantity of goods.

d.     The value of goods or services.

e.     The date the transaction is made.

Some of the expenses that can be supported through deeds and/or private contracts are: Leasing contracts, right to use or enjoy trademarks and other intellectual property (royalties), administration service contracts, purchase and sale of movable or immovable property, among others.

II.              EXPENSES FOR WAGES, SALARIES AND/OR REMUNERATIONS TO WORKERS.

In accordance with Technical Provision 07-2007, any natural or legal person authorized to be a withholding officer must duly bear their expenses corresponding to payments of wages, salaries and/or remunerations of their employees with employment relationship with the following documents:

1.     Employment contract that demonstrates the employment relationship, either for a determined or indefinite period.

2.     Invoices from the Nicaraguan Social Security Institute showing the employees reported to that institution.

III.            EXPENSES RELATED TO BENEFITS PAID BY THE COMPANY:

Many companies grant benefits to their workers or managers, such as: travel expenses, representation expenses, depreciation payment for use of the private vehicle, fuel reimbursement payment, insurance payments, allowances, representation expenses or similar.

In these cases it is essential that these expenses/benefits be agreed by the Board of Directors and/or Shareholders and have the corresponding ACTA, in which the agreements reached by the members of the Board are recorded.

The Minutes must describe in detail the transaction that will be carried out or the benefits that will be assigned, the personnel to which it will be assigned, the funds that will be used and the way in which they will be obtained, among other aspects. In other words, it is not only necessary for the approval of these expenses to be recorded in the minutes, but also for their payment to be supported by the corresponding procedures and policies.