How to fill out Form D-140 for inactive corporations
Last week’s article about the requirement for inactive corporations to file Form D-140 has generated lots of emails and comments on our social media.
NOTE: When I wrote this blog, I had published Form D-140 from 2011 that was replaced by a new form in 2016. A reader on the social media said there were two forms, the reason we insisted with the tax office to give us the correct information.Unfortunately, the tax office has not been clear about this and it turns out that the 2016 form replaces the other. Learn all about the November 2017 Update Corporation tax and form D140 here.
Here you can download the correct NEW Form in Spanish Formulario D140 Modificacion datos (FEB-2016).
Many expats do not read or write Spanish and do not know how to fill out the form. For this reason, I have made the effort to create the same form in English, which you can download by clicking on the image below. Click on the image, save to your computer and print out.
I suggest you do as follows:
1. Download the Spanish form D-140 and print it out. See a directory where to present the form further down in this article. Then download the translation page 1 and page 2 as an example to fill it out the Spanish form and present to the nearest tax office.
2. Do NOT use the English form to fill it out. Use it only as an example, so you understand the Spanish version. Fill out the information in the correct place on the Spanish form.
In III – Economic activity, you need to fill out what the activity of your corporation is.
- If you use the corporation only as a holding company of the property where you live, you can fill out “Únicamente para uso de un bien inmueble como casa de habitación”
- In case the corporation is a holding company for a car, you can fill out “Únicamente para uso de bien mueble”.
- If the corporation is a holding corporation of raw land, you can fill out “Únicamente para uso de bien inmueble como lote sin construir”.
- When you use the corporation for a regular business, just state the type of business you use the corporation for.
When the corporation holds an income generating investment property such as a rental unit, then you should be filing the corporation as an active corporation. Then you need to file income tax, which is a whole different topic. Contact your accountant to discuss.
Active corporations all file for income tax, so they do not have to file Form D-140.
The filing of the form is personal. Check with your lawyer who has the power of attorney to file for the corporation. If you have not given anybody a power of attorney and you don’t want to either, have the completely filled out D-140 form apostilled by the nearest Costa Rican embassy in your country. Then you can send the form with anyone to the tax office and it is not necessary to go in person.
Make a copy of the form, so the tax office can stamp it as received.
When to file
The Finance Ministry has given a time limit file:
a) Corporate ID ending in 1 and 2: During the month of October 2017.
b) Corporate ID ending in 3 and 4: During the month of November 2017.
c) Corporate ID ending in 5 and 6: During the month of December 2017.
d) Corporate ID ending in 7 and 8: During the month of January 2018.
e) Corporate ID ending in 9 and 0: During the month of February 2018.
Some readers have asked if they can file corporations ending differently all at the same time. We checked with the tax office and their answer is that any form can be filed before the time limit expires.
You can file Form D-140 in any of the Finance Ministry’s offices; download a directory of all locations here.
This free information on Corporation filing is a service from the American European Real Estate Network. We appreciate your business and referrals.
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