In Costa Rica, companies engaging in related party transactions must comply with specific Transfer Pricing regulations to ensure that such are at the Arm’s Length Principle. The following are the principal obligations and due dates that companies must be aware of.
New Draft Resolution MH-DGT-RES-000-2025
On February 12 of this year, the General Directorate of Taxation noticed in the Official Gazette La Gaceta to inform regarding the draft general resolution entitled: “Resolution Regarding the Information Transfer Pricing Statement Filing.” This draft, currently under public consultation, states that the obligation to file the Annual Information Transfer Pricing Statement will be exclusively through the TRIBU-CR e-platform, the only authorized means to receive these statements. This new implementation belongs to the “Digital Treasury for the Bicentennial” draft and aims to improve efficiency and tax control through advanced technologies.
Considerations for Filing Through TRIBU-CR:
- Centralized access: Filing is only possible through the platform’s virtual office.
- Updated format: The form will be available in TRIBU-CR and may be updated without prior resolution, only with its publication on the Treasury Ministry’s website.
- Security: The system guarantees the traceability and digital safekeeping of the statements.
- Filing confirmation: Taxpayers will receive acknowledgment of the electronic receipt after filing.
- Support and guidelines: Detailed instructions will be accessible on the platform to facilitate the process.
In the transitional provision of the resolution, the information Transfer Pricing statement filing for the tax period 2024 will be made six months after the entry into force of the resolution. As of the following periods, the term will be three months after the closing of the authorized tax period. Upon the entry into force of the resolution, the previous regulations, DGT-R-44-2016 and DGT-R-28-2017, will be repealed. It should be noted that this draft is still under observation.
Obligations and Due Dates in Costa Rica
The main Transfer Pricing obligations and their respective due dates are displayed below:
| Obligation | Due Date |
| Information Transfer Pricing Statement | The filing deadline is suspended, not the compliance deadline. The deadline for the Transfer Pricing return is the last business day of June of each year. |
| Local Report and Master File | There is no deadline, but it must be filed to the Tax Administration when requested. |
| Country-by-Country Report (CbC) | December 31 of the year following the closing of the corresponding tax period.1 |
Companies with intercompany transactions must consider these dates to avoid tax contingencies.
Information Transfer Pricing Statement
According to Costa Rican regulations, companies performing related party transactions must file an Information Transfer Pricing Statement, including detailed information on transactions carried out during the previous income tax period. Likewise, the date and reporting means will be noticed by the Tax Administration three months in advance through the Treasury Ministry web and a written communication means locally. Therefore, taxpayers must keep this information and be prepared to file it when required by the authority.
Supporting Documentation (Transfer Pricing Study)
In addition to the information statement, companies must have a Transfer Pricing Study supporting the conditions of their related party transactions. It must include:
- Description of the activities and functions of the company.
- List of assets used in related transactions.
- Risk analysis.
- Information of the business group.
- Financial statements adjusted to IFRS.
- Transfer Pricing methods employed.
- Identification of each intercompany transaction.
- Supporting documentation.
This documentation must be kept for a period of four years, according to the Code of Tax Rules and Procedures.
Non-compliance Penalties
Failure to comply with these obligations may result in significant fines. According to Costa Rican regulations, failure to file information requested by the Tax Administration may result in a fine equivalent to 2% of the gross income of the offender in the previous tax period, with a minimum of 10 base salaries and a maximum of 100 base salaries.
Conclusion
Compliance with Transfer Pricing regulations in Costa Rica is a rigorous and complex process but is fundamental to avoid penalties and ensure tax compliance. Companies must focus on the intra-group dynamics that may be subject to registration, ensuring proper documentation and reporting within the requirements demanded. Solid support allows companies to meet eventual requests from the Tax Administration, contributes to mitigating tax risks, and improves transparency in their transactions.
Get Advice from TPC Group!
At TPC Group, we are Transfer Pricing specialists and offer customized advice to assist your company in complying with the regulations in force in Costa Rica. Our experienced team ensures that your related party transactions are under the Arm’s Length Principle and that all the required documentation is in order.
Contact us today to ensure compliance with your tax obligations and avoid unnecessary risks!
Source: Sistema Costarricense de Información Jurídica