Regulatory updates - Guatemala

The SAT released new electronic tax documents to document operations carried out by the taxpayers of the new simplified regimes, "Livestock" and "Primary", as established under Decree 31-2024, containing the Law for the Integration of the Primary and Agricultural Productive Sector.

The Law applies to certain individuals and legal entities that conduct economic activities in the agricultural and handicrafts sectors. It was published in the official gazette on December 9, 2024, and will enter into force on April 9, 2025.

Accordingly, new documents were incorporated into the Online Electronic Billing Regime (FEL), including:

• Specific Invoice (FEPE);
• Invoice of the Primary Regime Taxpayer (FARP);
• Primary Regime Taxpayer Exchange Invoice (FCRP);
• Invoice of the Livestock Regime Taxpayer (FPEC);
• Bill of Exchange for Livestock Regime Taxpayers (FCPC).

Following that, the new XSD schemas were published on the website; however, specific technical updates, e.g., to Book of Rules and Validations, are still underway.

Taxpayers, such as marketers, collection centers or intermediaries of products from the Primary Regime or Livestock Regime, must issue an invoice to buyers in FEL. This means that only taxpayers registered in FEL could opt for the regime. The tax from invoices of both regimes will be paid to SAT within 10 days of the calendar month following each tax period.

Also, the taxpayers who voluntarily chose one of the regimes will be exempted from paying VAT on income obtained under it, as well as from paying and filing the monthly VAT declaration or the monthly, quarterly or annual declarations of the Income Tax and any other applicable tax.

The Guatemalan tax authority, SAT, has released the following documents:

• Delivery Note – Sp.: Nota de Envío: supports the transfer of goods from one place to another. The issuance of this type of document does not replace the obligation of issuing the Electronic Tax Document;
• Advance Receipt – Sp.: Recibo de Anticipos: supports advanced payments in business operations. This type of document does not replace the obligation of issuing the electronic tax document.

Furthermore, the Advance Receipt can be used in operations related to “Events”, where advance payments are a common practice. SAT released a document called “Institutional Tax Criterion 1-2023: Payments received for services to be provided in the future and the issuance of the corresponding invoice”, which further explains how to use the Advance Receipt.

It is not mandatory to use both new documents, but it might become mandatory in the future if SAT estimates as necessary. Stay tuned with Pagero to know the latest developments regarding e-invoicing in Guatemala.

According to SAT-DSI-400-2023, the deadline to adopt FEL (Factura Electronica en Linea) regime has been extended to three additional months from the original deadline (31 March 2023), meaning that small businesses will need to comply with it no later than 1 July 2023.

As of 1 July 2023, small businesses will be obliged to issue tax documents through the FEL regime. Note that tax documents missing the Tax Identification Number (NIT) and the recipient's name will no longer be valid.