Companies on alert over decree modifying the Profit Tax | Empresas en alerta por decreto que modifica el Impuesto a Utilidades

By Unitel, El Diario:

Provision creates uncertainty

  • The CNI rejected the second additional provision of Supreme Decree No. 5327 of February 5, 2025, calling it an attack on taxpayers’ legal tax security. The government insists that it does not violate or eliminate the IUE compensation.
Government tax provisions create uncertainty among the population.

President Luis Arce approved Supreme Decree 5327, which, according to tax expert Jasmine Daza, “puts all Bolivian companies on red alert” due to a provision included in the regulation that allegedly modifies the Profit Tax (IU).

The specific point Daza refers to is the second additional provision, which states verbatim: “In the sixth paragraph of Article 7 of Supreme Decree No. 21532 (Consolidated Text), the phrase ‘…have effectively paid said tax…’ is modified to ‘…have effectively paid said tax by its due date.’”

According to Daza, this provision “modifies the article concerning the Profit Tax.”
“Previously, this article stated that the amount effectively paid could be offset against the Transaction Tax (IT) on an ongoing basis. Now, they have modified it by adding this small part: ‘by its due date,’” the expert explained.

What does this mean? “That everyone will have to pay the Profit Tax (IUE) by its due date. Otherwise, they will not be able to offset it against their IT if they pay it after that date,” she clarified.

“Contrary to what the government claims—that this regulation will improve the national tax system for construction companies, airlines, and sole proprietorships—with this provision, they are essentially demanding full payment by the IUE due date. Otherwise, we lose the ability to offset our IT payments,” she warned.

Despite the government’s assurances that the decree merely adjusts tax regulations to facilitate compliance for the construction sector and international airline ticket sales, the National Chamber of Industries (CNI) has strongly rejected the Second Additional Provision of Supreme Decree No. 5327 of February 5, 2025, which modifies the Regulatory Decree of the Transaction Tax (IT) No. 21532 of February 27, 1987.

Meanwhile, the Ministry of Economy and Public Finance has stated that the second additional provision of Decree No. 5327 does not violate or eliminate the offsetting of the Corporate Profit Tax (IUE) with the Transaction Tax (IT).

Taxpayers who pay the IUE by its due date will still be able to offset it with the IT on a monthly basis as an incentive for timely tax compliance. (El Diario-Unitel)

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