On October 25 of this year, the General Directorate of Internal Taxes (DGII) issued a notice stating that, in accordance with Law 25-24, all legal entities must designate an individual to act as the person responsible for fulfilling the entity’s tax obligations.
For this designation, the tax compliance officer must be declared in all applications for registration and update of companies in the National Taxpayers Registry (RNC).
For commercial companies already registered in the RNC, they have until their next ordinary assembly meeting to decide, designate, and notify the DGII of the individual who will assume such responsibility by submitting an update request to the RNC. We remember that it is of vital importance to hold the annual assembly within the statutory and legal term determined for the same, considering the date of the closing of the fiscal year of the commercial company.
If the taxpayer fails to make this update, the DGII will assign this responsibility ex officio to the individual designated as the manager, administrator, or to the person with the highest ownership stake in the company.
The director responsible for complying with tax obligations must not be unrelated to the administration, control, and transactions of the business and must hold one or more of the qualifications listed in section j of Article 3 of Law No. 25-24: President, Vice President, administrators, managers, or representatives (designated) of the legal entity.
Each registration or update application must include a copy of the assembly minutes or applicable document that designates and demonstrates the express acceptance of the responsibility, which must be duly registered with the Chamber of Commerce and Production or the appropriate regulatory body.
This provision is now in force for all taxpayers, is generally applicable, and is mandatory to avoid penalties from the tax authority.
For more information and support in the proper compliance of this provision, contact Ulises Cabrera – [email protected]
