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The Tax Authority has issued a resolution establishing fines to be assessed against employers that fail to timely submit withholding tax returns by filing the Form 03.
The penalty will apply to noncompliance that has occurred since 28 April 2022.
The Panamanian Tax Authority issued Resolution No. 201-3486 on 17 April 2023, instructing the Tax Information Systems Department to make the necessary adjustments to the informatic systems to establish a fine for failing to submit a withholding tax return, known as Form 03 (in Spanish, "Planilla 03").
The penalty for not timely filing Form 03 is as follows:
Employer's annual income (in Panamanian Balboa)
Penalty
From B/. 0.01 and up to B/. 150,000.00
B/. 100.00
From B/. 150,000.01 and up to B/. 500,000.00
B/. 500.00
From B/. 500,000.01 onwards
B/. 1,000.00
The penalty for not timely filing Form 03 will be applied to noncompliance committed since Decree 20 of 28 April 2022 entered into force (i.e., 28 April 2022) and established a monthly filing requirement for the form.
For additional information with respect to this Alert, please contact the following:
Ernst & Young Limited Corp., Panama City
Rafael Sayagues
Luis Ocando
Carlos Márquez
Meitner Gonzalez
Published by NTD’s Tax Technical Knowledge Services group; Carolyn Wright, legal editor
For a full listing of contacts and email addresses, please click on the Tax News Update: Global Edition (GTNU) version of this Alert.