El Instituto de Previsión Social (IPS) ha puesto en marcha un plan de contingencia para empleadores con morosidad de antigua data. La Resolución N° 105-029/2024, que autoriza la Dirección de Aporte Obrero Patronal (AOP) a implementar esta medida, permite la exoneración de los recargos por mora, facilitando la regularización de pagos pendientes.
Este plan ofrece dos modalidades:
Pago al contado: Exoneración del 100% del recargo por mora.
Pagos financiados: Exoneración del 50% del recargo por mora, aplicable sobre las planillas normales, complementarias y cuotas de fraccionamiento de pagos vencidos.
Los empleadores tendrán un plazo de hasta 90 días hábiles para regularizar sus deudas, sin la presión de recargos adicionales. Además, durante la vigencia de la resolución, los recargos por mora estarán suspendidos, lo que representa una oportunidad para los contribuyentes de ponerse al día con sus obligaciones.
Este contenido tiene únicamente fines informativos generales y no debe ser considerado como asesoría legal puntual. Si precisa asesoramiento específico no dude en contactarnos.
La normativa regula aspectos claves para la planificación, comunicación y disfrute de las vacaciones, buscando garantizar un descanso efectivo para los trabajadores y una gestión ordenada por parte de los empleadores.
Los puntos más relevantes de la Resolución son:
Duración del Período de Vacaciones:
Hasta 5 años de antigüedad: 12 días hábiles corridos.
Entre 5 y 10 años: 18 días hábiles corridos.
Entre 5 y 10 años: 18 días hábiles corridos.
El derecho se genera tras un año continuo de trabajo con el mismo empleador.
Pago de Vacaciones:
Antes del inicio del descanso vacacional, con base al salario vigente al momento del goce.
El recibo de pago debe incluir detalles como el período de disfrute, monto abonado y las firmas del empleador y el trabajador.
Comunicación y Planificación:
El empleador debe notificar al trabajador con al menos 15 días hábiles de anticipación sobre las fechas asignadas para sus vacaciones.
Los trabajadores también pueden presentar una solicitud formal para planificar su descanso con igual plazo de antelación.
Acumulación y Fraccionamiento:
Acumulación: A petición del trabajador, es posible acumular hasta dos períodos consecutivos de vacaciones.
Fraccionamiento: Permitido únicamente a solicitud del trabajador, en períodos mínimos de 6 días hábiles corridos. Las modalidades de fraccionamiento varían según el tiempo total de vacaciones:
Hasta 12 días: Máximo 2 fracciones.
Más de 12 días: Hasta 3 fracciones.
Los adolescentes no podrán fraccionar sus vacaciones.
Interrupción de Vacaciones:
Permitida solo por necesidad urgente del empleador, quien deberá cubrir cualquier gasto generado por el reintegro anticipado del trabajador.
Sanciones por Incumplimiento:
Si las vacaciones no son otorgadas dentro de los seis meses posteriores a haber sido causadas, el empleador debe concederlas con el doble de la remuneración correspondiente.
Comunicaciones al MTESS:
El otorgamiento, pago, acumulación, interrupción, reanudación y fraccionamiento de las vacaciones serán comunicados a través del Registro Obrero Patronal (“REOP”) del MTESS.
Este contenido tiene únicamente fines informativos generales y no debe ser considerado como asesoría legal puntual. Si precisa asesoramiento específico no dude en contactarnos.
Through Resolution No. 498 dated September 09, 2024 (the "Resolution"), the Secretariat for the Prevention of Money or Asset Laundering (SEPRELAD) has approved the classification of the "MIPYMES Basic Account" as low risk for financial intermediation entities supervised by the Central Bank of Paraguay (BCP).
Purpose: To facilitate the financial inclusion of micro, small, and medium-sized enterprises (MIPYMES) in the country by simplifying financial procedures and applying specific criteria for customer due diligence.
Key Aspects:
MSMEs’ Basic Account (the “Basic Account”): This account is designed for MIPYMES and aims to simplify financial procedures by assigning it a low-risk classification
Simplified Due Diligence: Financial entities may apply simplified measures for the identification and verification of clients using the valid MIPYMES ID, in accordance with the product's characteristics and available tools.
Transaction Monitoring: This must be conducted based on the risk profile assigned to the client. In the event of changes to the risk level, SEPRELAD's policies and procedures will apply.
Limitations: Simplified criteria cannot be applied if there are suspicions of activities related to money laundering (ML), terrorism financing (TF), or the proliferation of weapons of mass destruction (FP).
Protection and Transparency:
Supervised entities must comply with the current regulations on the prevention of money laundering, terrorism financing, and weapons proliferation, ensuring security and adherence to due diligence.
This classification establishes a framework aimed at balancing financial inclusion with risk prevention measures, contributing to the development and formalization of MIPYMES in Paraguay.
Through Resolution SV.SG. No. 0051/2024, issued on November 15, 2024 (the "Resolution"), the Superintendency of Securities of the Central Bank of Paraguay (BCP) mandated the connection of securities market entities to the Financial Communication Network (RCF).
Purpose: To modernize and enhance the technological processes of securities market entities, fostering improved data analysis capabilities and a more secure environment for financial information transmission.
Key Aspects:
Mandatory Connection: a) Brokerage firms and investment fund management companies must connect to the RCF using exclusive credentials assigned by the BCP. b) Each entity must designate at least two users responsible for operating the system.
Technical Requirements: a) Connections must be established through VPNs with private IPs, adhering to security standards such as ISO 27001, CIS CONTROLS, and NIST. b) The BCP will supervise, audit, and monitor connections to ensure compliance with security regulations.
Configuration Parameters: Connection details, including encryption and authentication algorithms, are outlined in Annex 1 of the Resolution.
Application Form: Annex 2 provides the required application form to manage the connection, which must be digitally signed by the entity's legal representative.
Protection and Transparency: The BCP reserves the right to audit and monitor connections and to disconnect them if regulatory compliance is not maintained. Entities are responsible for ensuring the security of the transmitted information.
This Resolution aims to strengthen the technological infrastructure of the financial system, promoting a secure and efficient framework for the securities market.
Through Resolution No. 26, Acta No. 55 dated November 14, 2024 (the "Resolution"), the Central Bank of Paraguay (BCP) approved the "Regulation on the Issuance of Electronic Deposit Certificates and Warrants", establishing the conditions for implementation by General Warehouses.
Purpose: To regulate the issuance of Deposit Certificates and Warrants in electronic format, fostering a secure and reliable environment for these operations.
Key Aspects:
Electronic Issuance: a) Deposit Certificates and Warrants can now be issued in electronic format, functionally equivalent to paper-based documents as per Law No. 6822/2021. b) The issuance and endorsement must be carried out through Service Providers of Electronic Transferable Documents authorized by the Ministry of Industry and Commerce.
Authorization Requirements: a) Warehouses must have adequate technological infrastructure and internal risk management procedures in place. b) Supporting documentation, including resolutions and procedural manuals, must be submitted.
Mandatory Content: Electronic documents must include specific details such as the order number, description of the goods, insurance value, and qualified electronic signature.
Monitoring and Oversight: The Superintendency of Banks will oversee the issuance, registration, and operation of these documents and may request detailed information as needed.
Sanctions: Non-compliance with this regulation will result in penalties as established under Law No. 489/1995 and its amendments.
Protection and Transparency: The regulation ensures security measures are implemented for the issuance and preservation of electronic documents, promoting transparency and efficiency in financial transactions.
The regulation will take effect upon publication, requiring General Warehouses to adhere to the established guidelines to operate in this digital format.
Through Resolution No. 7, Acta No. 50 dated October 17, 2024 (the "Resolution"), the Central Bank of Paraguay (BCP) has expanded Articles 1, 2, and 3 of Resolution No. 8, Acta No. 20 dated March 21, 2019. This regulation pertains to the publication of sanctions records imposed on entities supervised by the BCP, the Superintendency of Banks, the Superintendency of Insurance, and the Superintendency of Securities.
Purpose: To expand the provisions related to the publication of sanctions imposed on supervised entities, ensuring transparency and access to information.
Key Aspects:
Sanctions Publication: Sanctions imposed on supervised entities will be published on the BCP's official website once the administrative process has been exhausted.
Information Contained in the Records:
Sanctions imposed since 2014.
Full date of the sanction.
Name of the sanctioned individual (natural person) or corporate name (legal entity).
Types of supervised entities, including financial institutions, exchange houses, insurance companies, and securities market entities.
Reasons and violated regulations.
Applicable resolution and imposed sanctions.
Status of the resolution and compliance with the sanction.
Update Responsibility: The Data Support Division of the Department of Legal Affairs will be responsible for updating the sanctions records, in collaboration with the respective superintendencies.
Protection and Transparency:
Monitoring and updating of the records must occur within five business days of the exhaustion of the administrative process or receipt of the necessary information. Collaborating areas are required to provide information within two days.
This regulation strengthens transparency in the management of sanctions and the responsibility of supervised entities to ensure compliance with current regulations.
“Contract for the Design, Financing, Construction, Maintenance, and Operation of Route PY 01 – Section Cuatro Mojones - Quiindy” (“Tender”) | Extension of Bid Submission DeadlineLicitación”) | Modificación de plazo para presentación de ofertas
“Contract for the Design, Financing, Construction, Maintenance, and Operation of Route PY 01 – Section Cuatro Mojones - Quiindy” (“Tender”) | Extension of Bid Submission Deadline Resolution No. 2183, Addendum No. 1 to the Tender Specifications and postponed the bid submission deadline to March 14, 2025; the original date was set for December 18, 2024.
This modification was made in response to extension requests submitted by prequalified consortia, who indicated that, due to the complexity and scale of the project, they require additional time to study and prepare their bids, in order to enhance the competitiveness of the bidding process.
At Vouga Abogados, we proudly close this year with a milestone that fills us with gratitude: being recognized once again by Chambers & Partners as Paraguay Law Firm of the Year 2024. This prestigious honor, awarded to us for the fifth consecutive year, and for the sixth time in the past eight years, reflects our unwavering commitment to excellence and our dedication to delivering high-quality legal services to our clients.
This achievement is made possible thanks to the trust of those who choose us and the hard work of a team that gives its best in every challenge. This recognition inspires us to keep moving forward, innovating, and contributing to the advancement of the legal field in Paraguay.
Thank you to everyone who makes this journey possible.
El Ministerio de Obras Públicas y Comunicaciones (MOPC) ha anunciado la Licitación Pública Nacional N° 139/2024, con ID nro. 456.747, destinada al diseño y construcción de la pavimentación asfáltica de la Ruta Nacional PY10, en el tramo San Cristóbal – Paso Yobai, conocida también tomo «Ruta de la Integración”, (“Project”). El Proyecto representa una inversión estimada de aproximadamente 100 millones de dólares y tiene el objetivo de mejorar la conectividad y fomentar el desarrollo regional.
El Proyecto tiene una longitud aproximada de 80km; y la licitación del mismo se estructurará en dos lotes:
Lot 1: Tramo San Cristóbal – Tavaí.
Lot 2: Tramo Tavaí – Paso Yobai.
La adjudicación del Proyecto se realizará por lotes. Las ofertas podrán presentarse hasta el 12 de marzo de 2025 a las 9:00 horas; la apertura de sobres se llevará a cabo el mismo día a las 9:30 horas.
Más información del Proyecto se encuentra disponible en el siguiente enlace: Licitación 456747
The extension established by the National Directorate of Tax Revenues ("DNIT") for the application of fines for late filing of the electronic voucher registry has ended.
Binding Consultation
July 2024
The DNIT issued its opinion regarding the tax treatment in the Corporate Income Tax ("IRE") ofthe returns generated both by the investment made in mutual funds and by deposits in local banks.
Binding Consultation
July 2024
The DNIT expressed its opinion on the Value Added Tax ("VAT") invoicing of goods produced under the National Automotive Policy ("PAN") that are resold by non-beneficiaries of this regime.
Binding Consultation
November 2023
The DNIT established its position on the taxation and deductibility of services rendered by retired workers.
More information
►General Resolution No. 17/2024 (Reminder)– The extension established by the DNIT for the application of fines for late filing of the electronic registration of vouchers ended.
On last October 31 ended the extension established by the DNIT in General Resolution No. 17/2024 for the application of fines for late filing of electronic vouchers, both for taxpayers with obligation 955-Monthly Voucher Regime ("Obligation 955") and for those with obligation 956-Annual Voucher Regime ("Obligation 956").
It is important to remember that the extension applied until the fiscal year 2023 for Obligation 956, and until August 2024 for Obligation 955. It is also reminded that the filing of the electronic register of vouchers can be made up to the subsequent month –the second month after– of the tax period to be declared.
In this regard, as of November 1, fines for contravention have started to be applied to late filing of the electronic register of vouchers, amounting to Gs. 100,000 for each period reported, in accordance with the provisions of Article 8 of General Resolution No. 90/2021 and Section 4(b) of the Annex to General Resolution No. 13/2019.
Although the accountants' associations have expressed their rejection to this action and have demanded the DNIT another extension to the application of those fines, the DNIT has stated that there will be no further extensions, given that they were being granted for approximately 33 months (from February 2022 to October 2024).
► Response to Binding Query – IRE’s tax treatment of the returns generated both by the investment in mutual funds and by deposits in local banks.
In response to a binding consultation in July of this year, the DNIT ruled on the IRE levy that affects the returns generated by the placement of capital in 2 different alternatives:
Investment in a mutual fund (Brokerage).
Demand deposits or certificates of fixed-term deposit in local banks.
The taxpayer who entered the consultation argued that such income is exempted by article 25, numeral 1, item g) of Law No. 6380/2019 ("Tax Law"), which provides that IRE’s exemption applies to "the income from the valuation of the participation quota or the higher value of the negotiation or the liquidation thereof, of the Equity Investment Funds provided for in Law No. 5452/2015".
In this regard, the DNIT stated that the returns generated by the investment made in mutual funds are exempted from IRE by the transcribed rule since they are a kind of equity investment funds regulated by Law No. 5452/2015. In this way, the DNIT clarifies that all forms of investment returns in equity investment funds are covered by the IRE exemption, which includes not only the negotiation of participation in them or their liquidation, but also the periodic distribution of their net profits, as applicable.
Regarding the return or interest generated by demand savings deposits or fixed-term deposit certificates in local banks, that institution pointed out that they do not benefit from any IRE exemption, since they are not expressly included within the provisions of article 25 of the Tax Law; and, therefore, they are taxed by the IRE, by article 8, numeral 11 of the same law.
In other words, this response from the DNIT indicates that the placement of capital in demand deposits or fixed-term deposit certificates in local banks has a higher tax cost than the investment in mutual funds, thus resulting in the latter being more efficient for companies that pay the IRE, at least from a tax perspective.
► Response to Binding Query – VAT invoicing of goods produced under the PAN that are resold by non-beneficiaries of the PAN.
When analyzing a binding consultation in July of this year, the DNIT addressed the issue of a reseller of goods produced under the PAN that wished to invoice them as if he was a beneficiary of the said regime, even though he was not, as a kind of fiscal stability in the commercialization chain.
In this regard, the consultant stated that he acquires tricycles that are invoiced 80% exempt and 20% taxed by VAT at 10%, but at the time of resale, he invoices them 100% taxed by VAT at 10%. Therefore, he asked if it is possible to obtain VAT parity on his purchases and sales of tricycles, even though he is not registered as a PAN beneficiary, since he currently purchases them with a direct VAT of 2% on the purchase price (10% rate on 20% of the price), while he resells them with a direct VAT of 10% on the sale price.
Regarding this matter, the DNIT pointed out that article 8 of Law No. 4838/2012 only provides for the application of the tax benefits of the PAN to the sales made by the beneficiaries thereof, and that due to the principle of legality of article 179 of the National Constitution, the application of its tax regime is limited to those who comply with the requirements and conditions of said law to be subject to it.
Thus, the DNIT expressed the restrictive interpretation criterion for the application of a differentiated VAT regime in the sale of certain goods. Consequently, said institution indicated that VAT’s reduced tax base applies only to operations carried out by PAN subjects on goods admitted to this regime.
► Response to Binding Query - Taxation and deductibility of services rendered by retired workers.
In response issued to a binding consultation during November 2023, the DNIT set forth its position on the tax status of services rendered to IRE taxpayers by workers who, having availed themselves of the retirement benefit, are rehired to continue rendering their services in an employment relationship, but without contributing to mandatory social security under article 2 of Law No. 1286/1987.
For this purpose, the DNIT had to determine whether or not those are personal services rendered in an employment relationship. To this effect, it mainly contrasted the first paragraph of article 131 with the numeral 4) of article 15 of the Tax Law, between which there would be an apparent contradiction since each of them provides the following (the text is paraphrased and is not an exact transcription):
Thus, from the first paragraph of article 131 of the Tax Law it would appear that, if no contribution is made to mandatory social security for a personal service in an employment relationship, the personal service rendered does not arise from a labor relation, but an independent one. On the other hand, numeral 4 of article 15 of the same Tax Law recognizes the possibility of a service rendered as an employee for which it is not necessary to contribute to the mandatory social security, which will not be deductible if the employee is not a taxpayer of the IRP and will be fully deductible if he/she is.
Given this situation, the DNIT made such understanding of article 131 prevail and ignored the second paragraph of article 15, numeral 4, of the Tax Law, equating it to numeral 7 of the latter article, which regulates the deductibility of services rendered independently, with which, in practical terms, the DNIT ended up deleting that paragraph as redundant, thus eliminating the progress that said text represented concerning the regulation before the Tax Law, which did not provide for the deductibility of dependent services without a contribution to the mandatory social security.
As a result, the DNIT classified as independent personal services the services rendered by retired workers whose relationship with the employer is governed by labor legislation, assigning to the latter all the tax characteristics of personal services rendered independently:
The employee must register as VAT taxpayer.
The employee must invoice his services to the employer with 10% VAT, so the former must pay this tax on his services.
The employer may use the VAT of the retired employee’s invoice as VAT credit in its monthly VAT liquidation.
The salary billed by the retired employee will be a deductible expense for the employer in its IRE’s settlement, according to the following1:
up to the limit of 1% of the annual gross income2 if the employee is not an IRP taxpayer, or
without any limitation if the employee is an IRP taxpayer.
We respectfully disagree with the position of the DNIT, since we understand that the above has a much more elegant and coherent solution by simply giving a somewhat different reading to the first paragraph of article 131 of the Tax Law. This would consist in the fact that this provision does not require the "payment" of the mandatory social security contribution to qualify personal services as “employment”, but rather it requires that such services be of the type that normally generate the obligation to contribute, which can be cancellated by a form other than payment, such as debt relief (this is the case of retired workers).
In synthesis, the solution we propose consists in understanding that the first paragraph of article 131 of the Tax Law equates the personal service rendered in a dependent manner to the type of relationship that would generate the obligation to contribute to mandatory social security, and not to equate it to a specific way to cancel it, such as its payment, as the DNIT does. In this way, the apparent inconsistency between the 2 articles of the Tax Law would be eliminated and the deductibility of the retirees' work as dependent service would remain in force, since this would generate the obligation of the social security contribution, which would not be cancelled with its payment, but with its release/exoneration.
1 See DNIT's criteria on the deductibility of independent personal services paid to IRP’s taxpayers, in the response to a binding consultation in November 2023, available here. 2 Jointly with the other items included in the penultimate paragraph of article 15 of the Tax Law.
