If the employer determined that he was retained more than due, he is obliged to reimburse the excess and notify the Superintendence of Tax Administration (SAT) within the first two months of the year.
The employer determines the value to be reimbursed on the basis of the FEL VAT form that the employees presented to the SAT and that they had to notify the employer.
The deadline for the employer to make the return is February 28, 2025.
According to an expert in salary contribution and deduction, in most cases, ISR refund It is done through same means in which salary is paideither by bank deposit, check or electronic transfer.
How to calculate the value of ISR retention refund
To determine the amount of the income tax (ISR) to recover, the following must be applied Formula: VAT Credit x 0.05 = Refund by ISR.
The steps are:
- Enter the Virtual Agency of the SAT and log in.
- Select the menu “Tax services”
- Choose the option “VAT-FEL Form”
- Click on the button “Consult payments presented”
- Filter for him year 2024.
- Check the column “Total VAT”whose amount will serve to calculate the value of the reimbursement.
For example, if a form Fel VAT presented for the year 2024 shows a value of VAT Credit of Q5 thousand 523.64the operation to determine the ISR to reimburse would be: Q5 thousand 523.64 x 0.05 = Q276.18.
It may also be interested in reading the following article: Work in Guatemala: which sectors have more job offer and what regions could hire more.
Who can present the VAT-FEL form?
All individual people that provide low services dependency relationship They can prove the net income the value added tax (VAT) paid by the acquisition of goods and services in Personal expenses.
With the detail of invoices that allow them to opt for the deduction of net income and prove until q12 thousand for the VAT paid in personal expenses, either for purchases of goods or acquisition of services during the annual definitive liquidation period.
The requirements to present the VAT-FEL form include:
- Have a Annual salary above Q60 a thousand (approximately Q4 thousand per month).
- Have presented the VAT Fel Forming Faith and delivered a copy to the employer.
- Present the form within the first ten business days of January of each year.
This process is based on the online electronic invoice (FEL) and is available in the virtual agency. The legal basis is found in article 72 of Decree number 10-2012 of the Congress of the Republic of Guatemala, Tax Update Law.
Where to file a complaint
Complaints can be made of Virtual way Through the official platform of the Ministry of Labor and Social Welfare on the website of the Labor inspection.
This complaint reaches the General Labor Inspection (IGT), where A case is assigned to an inspectorwho will go to the company to verify the situation.
It is also possible present the complaint in person at the headquarters located on the 7th Avenue 3-33, Zone 9, Guatemala City, in the IGT windowswhere the corresponding process will begin.
Are all invoices received in the VAT-FEL form?
According to the Value Tax Law, They do not generate right to credit Prosecutor the invoices issued under the following regimes:
- Small Taxpayer Electronic Invoice
- Special Agricultural Taxpayer Invoice
- Invoice electronic regime of small taxpayer
- Invoice special electronic regime of agricultural taxpayer