The DGII in the face of the new Law against Money Laundering

May 1, 2018

The institution's director, Magín J. Díaz, points out that the strategy to combat evasion is comprehensive and requires everyone's collaboration.

Magin Diaz sliderSantiago, April 26, 2018.- The Director General of Internal Revenue, Magín J. Díaz, presented to the Santiago business community the progress made by the tax collection agency in facilitating the implementation of the Law against Money Laundering and Terrorism Financing, such as the development of five general regulations, the training of 1,700 obligated subjects, and the performance of 400 on-site inspections.

In his presentation on the topic "Recent Advances in the Fight against Tax Evasion and a New Role within the Framework of the New Anti-Money Laundering Law 155-17," Díaz cited the project to purge the approximately 16,000 taxable entities of the DGII as another important development. The official was the guest speaker at the American Chamber of Commerce (AMCHAMDR) business luncheon in Santiago.

Ramón Ortega, vice president of the AMCHAMDR board of directors, stated that “the level of legal certainty is something that appears in competitiveness studies, and an element that those who wish to invest or do business weigh, along with others, when making their decisions. Hence, the tax system is a relevant element in this area. The processes and those who administer them largely determine whether these guarantees are met not only properly but also in a timely manner.”

Likewise, Ricardo de la Rocha, president of the Santiago provincial committee of AMCHAMDR, stated that "transparency, the legal system, and formality in a country's tax system are gateways to open markets, sure paths to increasing a society's growth and prosperity. In this, the role of the Internal Revenue Service is essential."

The Director General of Internal Revenue added in his presentation that more than 40 meetings/workshops have been held with various unions and obligated entities to provide feedback and share the progress of the Law, its Implementing Regulations, and sectoral regulations.

He highlighted the inter-institutional cooperation agreements between the Attorney General's Office, the Ministry of Economy, Planning and Development, the Ministry of Finance and the General Directorate of Internal Revenue, as well as the cooperation agreement between the Superintendency of Banks and the Superintendency of Securities for the purpose of coordinating the joint supervision of fiduciaries and their trusts.

An analysis of statistics on the matter revealed that more than 410 requests for information were received via email or the Contact Center; 12 financial intelligence reports were analyzed and forwarded to the Fraud Department; 28 binding inquiries were answered by correspondence; 33 certifications of no administrative sanctions were issued; and 24 written warnings were issued.

He said that the new Law 155-17 against Money Laundering and Terrorism Financing brings new features such as an expansion or precise definition of obligated subjects, the inclusion of new competent authorities, new precedent offenses, a significant increase in fines and penalties, new classifications of money laundering and terrorist financing, and new methods for submitting suspicious transaction and cash transaction reports.

Another of the most relevant aspects, he said, is the inclusion of tax crimes as a precedent for money laundering.

On the other hand, he stated that the DGII has taken a series of measures to improve Tax Administration and facilitate taxpayer compliance, citing as an example the administrative reform of the tax receipt system, "which is already underway and will be consolidated in May with the expiration of the current NCFs and the entry into force of the new receipt sequences."

Díaz stated that his administration has decisively confronted many malpractices involving tax evasion, avoidance, tax planning, and fraud. "In recent months, we have obtained convictions for fraud in the courts; and coercive measures with pretrial detention in Najayo and La Victoria; periodic reporting and exit restrictions. We have also secured convictions against individuals posing as DGII inspectors," he stated.

He added that the DGII currently involves not only the advisors but also the taxpayers, beneficiaries of the scheme, with two objectives: to recover evaded tax from those taxpayers who cooperate and rectify their tax returns, and to, along with the advisor, prosecute those who do not rectify their tax returns or file with the Tax Administration.

"The strategy to combat tax evasion is comprehensive and requires everyone's collaboration," concluded the Director of Internal Revenue.

AMCHAMDR Events