Accounting Rules |
Tax Rates |
Intellectual Property |
Legal Framework |
Standards |
Business Practices
Accounting Rules
- Tax Year
-
The fiscal year runs from January 1 of one year to December 31.
- Accounting Standards
-
From January 1st, 2008, Guatemala adopted the IAS - International Accounting Standards and IFRS - International Financial Reporting Standards. To view these standards, see the IASB website: International Accounting Standards Board - IASB.
- Accounting Regulation Bodies
-
Congress of the Republic of Guatemala
- Accounting Reports
-
All companies have to provide an annual report in Spanish and publish their balance sheet and profit and loss statements in the Official Gazette. For more information consult the Fundesa's Business Guidebook ; and see the document on accounting in Guatemala: Hispanic-American Commission (Spanish only).
- Publication Requirements
-
The companies balance sheets have to be published each year. It is advisable to have an accounting system that is clear and wholly translated into Spanish. It has to be noted that it is difficult to get information on Guatemalan companies as there are very few published balance sheets.
- Professional Accountancy Bodies
-
Institute of Public Accountants and Auditors of Guatemala , (Spanish only)
Guatemalan Association of Public Accountants and Auditors , (Spanish only)
List of audit firms , (Spanish only)
- Certification and Auditing
-
Audited financial statements must be filed annually. You can contact an external auditor :Deloitte, KPMG, Ernst & Young, PricewaterhouseCoopers, Diaz Reyes y asociados. See also list of audit firms in the Yellow Pages (Spanish only).
- Accounting News
-
Accounting in Guatemala (Spanish only)
Guatemalan Website
IAS Plus
Tax Rates
Consumption Taxes
- Nature of the Tax
-
IVA, Value added tax
- Tax Rate
-
12%
- Reduced Tax Rate
-
There is no reduced rate.
Basic foodstuffs, certain financial services and the sales of some low-rent housing are exempt of tax. Exports are not subjected to VAT.
- Other Consumption Taxes
-
A special tax is added to products with alcoholic content and on the sale of used cars.
Learn more about Service Providers in Guatemala on Globaltrade.net, the Directory for International Trade Service Providers.
Corporate Taxes
- Company Tax
-
5% on gross income under the general income tax regime and 31% on taxable income under the optional regime.
- Capital Gains Taxation
-
On the long run, capital gains are taxed in Guatemala at a rate of 10%.
- Main Allowable Deductions and Tax Credit
-
Expenses are deductible for depreciation, payments to foreign affiliates, all taxes other than income tax and value added tax, and certain donations.
- Other Corporate Taxes
-
Stamp duty, real property tax, social security contributions, inheritance and gift tax.
Country Comparison For Corporate Taxation
| |
Guatemala |
Latin America & Caribbean |
United States |
Germany |
| Number of Payments of Taxes per Year |
24.0 |
33.2 |
11.0 |
16.0 |
| Time Taken For Administrative Formalities (Hours) |
344.0 |
384.7 |
187.0 |
215.0 |
| Total Share of Taxes (% of Profit) |
40.9 |
48.0 |
46.8 |
48.2 |
Source:
Doing Business
- Last Available Data.
Individual Taxes
Tax Rate
| Income tax |
The rate is progressive and varies from 15 to 31%. |
| up to GTQ 65,000 |
15% |
| GTQ 65,000 to 180,000 |
20% |
| GTQ 180,000 to 295,000 |
25% |
| Over GTQ 295,000 |
31% |
- Allowable Deductions and Tax Credit
-
Individuals can deduct: personal deduction: GTQ 36,000; social security contributions (4.83% of salary); life insurance premiums; medical expenses (excluding medicine); donations.
- Special Expatriate Tax Regime
-
None.The official text on income tax only differentiates between residents and non-residents in the country.
Double Taxation Treaties
- Countries With Whom a Double Taxation Treaty Have Been Signed
-
- Withholding Taxes
-
Dividends: 3%, Interest: 10%, Royalties: 5%
Learn more about Taxes and Accounting in Guatemala on Globaltrade.net, the Directory for International Trade Service Providers.
Intellectual Property
- National Organizations
-
The "Intellectual Property Decree" no 57-2000 was ratified by the whole of Central America. This decree established a uniform legal environment for the whole region as well as a database on brands and logos. One has to register with the Registro de la Propriedad Industrial, an organization responsible for the protection of intellectual property in Guatemala.
Guatemala is a signatory of the Berne convention and of the Treaty of Rome. By virtue of the Central American agreement for the protection of industrial property, preferential registration is guaranteed for a Guatemalan brand in whichever Central American country during the first 6 months following its registration in Guatemala.
- Regional Organizations
-
Guatemala is a member of WIPO (World Intellectual Property Organization) and has ratified the WIPO Copyright Treaty (WCT), as well as the WPPT, Performances and Phonograms Treaty. It is also a member of the WTO. It has signed the Paris convention, the Berne Convention, the Rome Convention and the Nairobi Treaty.
National Regulation and International Agreements
| Type of property and law |
Validity |
International Agreements Signed |
Patent Intellectual property law. |
15 years maximum |
|
Trademark Brand names and Intellectual property legislation |
10 years renewable |
|
Design Law on Design |
3 years |
|
Copyright Copyright law |
75 years |
WIPO Copyright Treaty
|
Industrial Models 1997 law on utility models |
10 years |
|
Legal Framework
- Independence of Justice
-
The judiciary is not independent in Guatemala and corruption is still corroding the system which lacks transparency and puplic accountability. Nevertheless, with regard to doing business, there are agencies that deal with dispute resolution and they work well: The FTAA group has a dispute resolution system and companies often call on the WTO for the resolution of conflicts. The DSB: Dispute Settlement Body is the most frequently used dispute resolution system. See DSB website.
- Equal Treatment of Nationals and Foreigners
-
In the business world, investment laws treat Guatemalan and foreign companies equally. With regard to all other judicial matters that one could be engaged in, it all depends on the circumstances (location, presiding judge). The Guatemalan justice system and police practices are very criticized by the Human Rights League. See link: Freedom House.
- The Language of Justice
-
The judicial language used in the country is Spanish, though there are 23 other officially recognized Amerindian languages.
- Recourse to an Interpreter
-
The Guatemalan State makes provisions for an interpretor to be available for people who do not speak Spanish.
- Sources of the Law and Legal Similarities
-
The main source of the law is the 1985 Constitution as amended in 1993.The legal system is based on a system of civil law and of judicial reviews of various legislative acts. Guatemala has not accepted compulsory ICJ jurisdiction. The Guatemalan legal system has similarities with that of the United States.
- Checking National Laws Online
-
Laws of Guatemala.
Learn more about Lawyers and Legal in Guatemala on Globaltrade.net, the Directory for International Trade Service Providers.
Business Practices
- General Information
-
Ehow, Business Etiquette practice website
- Opening Hours and Days
-
Banks are open Monday to Friday from 9 AM to 3 PM and sometimes until 7 PM. They are open Saturday from 9 AM to 12 PM.
Administrative offices are open Monday to Friday from 8 AM to 12 PM and from 1 PM to 4.30 PM however, Friday afternoon is considered by many as a "pre-weekend", it is therefore adviseable not to wait till Friday afternoon to get in touch with them.
Businesses work Monday to Friday from 9 AM to 1 PM and from 3 PM to 7 PM. Saturdays they are open until 1 PM or 7 PM.
Supermarkets and hypermarkets are open everyday from 9 AM to 8 PM.
Public Holidays
| New Year |
January 1st |
| Holy (Maundy) Thursday |
3rd Thursday in March |
| Labor Day |
May 1st |
| Army Day |
June 30th |
| Bank Holiday |
July 1st |
| Our Lady of the Ascension (for the capital city only) |
August 15th |
| Independance Day |
September 15th |
| Race Day |
October 12th |
| Revolution Day (of 1944) |
October 20th |
| All Saints' Day |
November 1st |
| Christmas |
December 24th and 25th |
| New Year |
December 31st |
Periods When Companies Usually Close
| End of March, the date varies every year |
Holy week |
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Last Updates: May 2012