ABC of Income Taxes

Businesses that operate in Costa Rica as well as those who provide professional services have to pay an income tax, which varies whether it is a corporation or a physical person. They are commonly called “taxpayers”, and such tax is calculated over the income produced during the fiscal year, starting from October 1st to September 30th of the next year.

In the case of a physical person, the tax is applied over salaries, pensions, and other personal remunerations.

In the case of Corporations, the tax is applied over the profits gained in the accounting period. According to the Costa Rican Income Tax Law, the following should be registered as taxpayers:

* Legally registered and unregistered Costa Rican Corporations
* Branch offices, agencies and other permanent establishments of corporations without legal address in Costa Rica.
* Trusts created according to Costa Rican laws.
* Successions
* Corporations with legal address in Costa Rica, even if they were not created in the country.

In both cases, legal and physical person, the country of origin or jurisdiction is not relevant, as long as they are active in Costa Rica, and incomes are perceived in our territory.

In order to pay the corresponding amounts, both cases need to complete and present Form D-101 before the Tax Authorities, form also called “Affidavit for Income Tax”.

GLC provides legal services in Tax Law, contact us if you require assistance.

Applying for a K-1 Fiancé Visa

As a consequence of a globalized world, multicultural relationships have taken place in any country, creating the need in different legal systems to open possibilities for traveling, recognizing such bonds. One of our north neighbors, as well as a jurisdiction that has worked hand in hand with Costa Rica for a long time, the United States offer different options for those that seek to enter to the U.S. If the case is to immigrate to the U.S. with your partner, with the intention to get married in such country, your choice is to apply for a K-1 Fiancé Visa.

The K-1 Fiancé Visa is given for American citizens’ fiancé, in order to marry in the U.S. and to live there, becoming a Lawful Permanent Resident. If the fiancé has any children, an extensive visa called K-2 will be given to them, if her mother’s/ father’s visa is granted.

U.S. Institutions such as the USCIS (U.S. Citizen Services) and the NVC (National Visa Center) will be supervising all documentation needed, turning it into a six month procedure.

As part of the Immigration Services that GLC can offer you, we can provide guidance and advice if you are interested in this Visa to enter the U.S. Contact us for more information, and we will be glad to assist you when filing the required documents with this purpose.

Immigration Online system will become an Electronic Procedure Catalog

A few days ago, a Costa Rican website was enabled, considered at first for companies that need to complete the formalization procedures, and later to apply online for desired technicians and executives, basically for migratory aims.
So far, such mechanism has being useful only to download the necessary forms that need to be taken to the corresponding office, as well as to know the requirements when complaining before the Consumer Office and the Promotion of Competition Direction.
Members of the Ministry of Competitiveness assure that this possibility has saved the expenses and costs of obtaining the different documents required for several issues, avoiding a waste of time in lines, and presenting incomplete paperwork.

This mean is intended to become a “Costa Rican Catalog” that will include around 3.000 online procedures usually fulfilled in state institutions. The purpose is that each user will be able to complete every step involved: submission of forms, payment and inquiries.

It is binding for all state institution to place all the necessary information in the URL: www.competitividad.go.cr, site where the Catalog will be operating, in regard of the laws that protect citizens from excessive requirements and procedures. There was a $5.000 investment in order to make this project work, starting from next year.

Regulation for casinos and sports books currently in discussion

Last week, a bill was submitted to the Congress in order to regulate the activity of casinos and sports books in Costa Rica, consisting on a plan promoted by the Finance Ministry as a mechanism to defeat the fiscal deficit.

Some of the proposals included in the bill are:
* 2% tax applied to the monthly gross incomes of the operating centers. This sum will represent approximately one hundred million dollars for the State.
* 0,5% operating canon applied to gross incomes per year
* The creation of Gaming and Betting National Regulatory Commission, which will be in charge of gaming licenses, as well as the corresponding sanctions.
* Every Casino and Betting Center, whether physical or virtual, should keep accounting records, shown to the Financial Intelligence Unit of the Costa Rican Drug Institute, in order to control suspicious transactions and avoid drug trafficking and money laundering.

In the last two decades, at least six more bills of this kind were proposed, but none of them have been approved. Members of the Government consider the present bill will have success, since it seeks to attend taxation priorities.

However, representatives of the Casino Association consider the fact of imposing more taxes to the activity as excessive. They fear that applying two more taxes to gaming activities such as the aforementioned, Costa Rican casinos and sports books might not be able to bear such economic burden.

Mr. Augusto Arce, attorney at law and expert in Gaming Law believes regulating a complex field as the Costa Rica offshore gaming industry is a wiser decision rather than forbidding gaming activities, which bring economic opportunities to Costa Rica as well as a competitive position within other countries. It is important to visualize regulation as the opening for certain benefits, not as an obstacle.

New electronic Immigration Processing system available in Costa Rica

This past September 1st an innovative online registration system started operating mainly for transnational companies that require foreign executives or technicians here in Costa Rica.

This idea was promoted by the Ministry of Competitiveness and Immigration Authorities, and the first companies interested were Intel, Temenos Costa Rica, Ericsson and Surf Factory, however a long list of approximately fifty other companies are awaiting for this chance.

Basically, this mechanism intends to facilitate the procedure when applying for a work permit, this way companies have to be registered online (www.competitividad.go.cr/migracion/web/index.html). Later they file the information of each employee required in Costa Rica. Applications will be solved in ten days. If they are approved, the identity documents will be delivered through a mail system.

In the same web site other company formalization procedures can be done, they consist on basic previous paperwork such as:

• Operating Health Permit from the Health Ministry
• Work Risk Insurance
• Comercial License
• Registration as taxpayer
• Real Estate registry
• Construction procedures
• Environmental Impact Assessment
• Operation Veterinarian Certificates

GLC can assist you before, during and after the process, including all the requirements necessary for your company to be registered or recognized, as well as preparing the corresponding applications for the desired workers. We suggest you to contact our specialized Immigration Attorneys in order to obtain the proper guidance according to your specific case.

Recently approved plan to eliminate convenience marriages

Yesterday, a Bill to eliminate convenience marriages in Costa Rica was approved unanimously by the Congressmen on the first debate.Leaded by the representatives Evita Arguedas and Francisco Antonio Pacheco, this initiative is supported by Migration Authorities.

If the Bill is ratified on the second discussion in the Congress next week, witnesses, contracting parties and the public notaries involved shall be penalized from two to five years when it’s not for migratory effects. In the case of a migratory aim, convictions will range from three to six years. As well, notaries participating in such circumstances, next to the criminal sanction shall be unfitted to practice his/her profession from months to years.

This potential regulation is intended to control migratory processes, as well as the rights obtained when the union of a Costa Rican citizen and foreigner is declared. To avoid convenience couples from obtaining a migratory status, migration authorities should determine whether there’s a real relationship or not, allowing both Migratory Authorities and the Civil Registry to declare void marriages.

Members of the Congress consider necessary actions such as these have to be taken to control migratory status, since statistics show that in the past year approximately ten thousand unions of this kind were celebrated.

Moving to Costa Rica: The process…….

Step 1
Find a reliable international moving company, in order to help you plan every detail in advance regarding the relocation, since the moving and logistics requires special attention to detail.

Step 2
Decide on which belongings you will take with you the moment you will move to Costa Rica, in order to coordinate with the Costa Rican movers and to establish if these will be moved via air, sea or land freights, providing safe transportation. Costa Rican movers handles both household goods and office moving.

For more security, prepare an inventory to make sure all your belongings are specified, and to avoid things getting lost without your knowledge. This way, you can guarantee yourself an efficient service, and a successful moving process.

Step 3
Carefully, with the help of a moving company of your choice, pack and prepare the necessary goods you are moving to Costa Rica with you. Usually, Costa Rican movers will provide useful material for this purpose, such as custom-made packages and other protective stuff to wrap and pack every possession desired.

For an organized moving process, packed belongings must be labeled, to identify them when they arrive to the country of destination.

Step 4
Once the load has reached its destination, Costa Rican movers also offers unpacking and unwrapping services, as well as reassembling complex furniture that was moved to Costa Rica.

If there were any belongings that will not be transported immediately, Costa Rican movers facilitate warehouse conveniences, so that people planning to move to Costa Rica can count on these conveniences, until the supplies can be shipped.

If you are considering the possibility of moving to our country, GLC has an associated professional moving company that can coordinate and take care of the entire logistics of the process, regarding planning, implementing, and controlling the correct management and storage of goods, services, and related information from the start to the end of this process. Contact us for a free quote to info@glccr.com

Costa Rican government intends to charge 2% tax to Casinos and Sportsbooks

The government is proposing a bill to the Congress, a proposal that will be analyzed starting on August 3rd, 2009. The plan is oriented towards regulating and controlling the operation of Costa Rica casinos and Costa Rica online betting centers by the creation of a National Commission, that will regulate the Costa Rica gaming companies activity. Such Commission would be formed by the Ministers of the Presidency, Security and Finance, the Executive President of the Costa Rican Tourism Institute (ICT), the General Attorney, the Director of Judicial Investigations (OIJ) and the General Superintendent of Financial Institutions.

The bill wants to charge a 2% tax on the gross income of Costa Rica casinos, sports books and Costa Rica gambling companies in general, in order to become an important source to reduce the fiscal deficit, since this increase would generate at least eighty million United States dollars per year.

The Vice president of the Costa Rican Casino Association, Jorge Hidalgo, considers this increase is excessive as casinos have been affected by the world financial crisis, and it is not the correct timing.

The Minister of Finances of Costa Rica affirms that all of these ideas respond to a need of finding new resources of income based on a loss in the fiscal revenues due to a decline in the expected production of the country.

In the opinion of attorney at law and expert in Gaming Law Mr. Augusto Arce, this measure is almost identical to a previous gaming license that was granted by the Costa Rican government in a similar fiscal crisis in the year 2003. In that year the entire Costa Rica offshore gaming industry was shocked by the government with an emergency gaming license that raised a significant amount for Costa Rica and attempted to regulate this gray area in Costa Rican Law. It is also his belief that the new law can be positive towards regulating and not prohibiting and industry that is legal in many jurisdictions around the world, he also mentioned that there are many aspects to discuss and that it will be very interesting to see how the complicated legal structures that these companies use can be approached from a payment point of view.

Moving to Costa Rica: Main Reasons to do so…

Costa Rica is a country recently classified as the Happiest Place in the World for living, according to the Happy Planet Index of the 2009. What puts Costa Rica on top of this rank?

 Natural beauties and its comfortable climate both contribute to a peaceful environment, which makes it an attractive location to move to.
 Stable government, the fact of abolishing the army makes our country a non hostile environment, providing peace among its people.
 Low incidence of violent crime. The fear that moves people to carry a gun or any other weapon to defend themselves on the streets compared to aggressive countries seems, is not part of the lifestyle in Costa Rica.
 Strong national health care system, with highly trained doctors from national institutions and abroad. The World Health Organization describes Costa Rica as one of the countries in the world with one of the highest life expectancies.
 Well-structured educational system, which increases our literacy rate and strengthens our workforce. A good level of education such as the one in Costa Rica also includes the learning of different languages, that facilitate the communication with foreign cultures and makes it easier for newcomers to move and get used to the place.
 Business Opportunities in a developing economy, that have been a focus of attraction in the past years
 Affordable real estate


All of these reasons provide a good lifestyle, and some of the expats living in Costa Rica refer to it as “fantastic, at a very reasonable cost”. These reasons have given Costa Rica the place within some of the highest life satisfaction scores. Advantages such as these have motivated people around the world to move to our country, creating a multicultural atmosphere, pleasant for anyone looking for a comfortable and interesting way of living.

Contact GLC to guide through the moving process and aftereffects.

Visas to Costa Rica for Indians

Citizens of India are included in what Costa Rica Immigration calls the Third Group, which means that they require a Consular Costa Rica Visa to enter Costa Rica.

1. Application directed to CR Consul. GLC will prepare this document, in
order to prepare it we require the following information from each
applicant:
Complete name:
Nationality:
Passport number:
Exact Address:
Purpose of the trip:
Estimated stay in CR:
Place of entry to CR:
Estimated dates of arrival and departure:
Occupation:
Exact Address in CR:
Place and date of birth:
Fax to receive notifications in CR: GLC will provide that.
Date and Signature:

2. Copy of the first page of the passport, the document must be valid for
at least 6 months.

3. Ticket
4. Proof of economic means while in CR.
5. Payment of the established government fees.
6. Other requirements established by the Consul.

Procedure: We receive all your personal details, prepare the application
and in 2-3 business days send it via email to so that you can print it and
take it to the CR Consulate, GLC coordinates with the CR Consul to fix an
appointment for you.

Please provide the necessary details and we will gladly assist you.

Costa Rica Visa: Restricted Visas to enter Costa Rica Procedure

Below you will find the Procedure for Costa Rica Restricted Visas:

Chinese are on the restricted Costa Rica visa list, however there are exceptions to this rule, specifically in cases in which chinese already have residence or visa to enter countries like: EU, Canada and the USA among others.

If they are not in that situation they will need the following:
1. Application:

A written application in Spanish in the CR Consulate in Beijing, with the following info:
a) Full name
b) Nationality
c) Profession or occupation
d) number of passport
e) Full name and nationality of parents
f) Place of residence
g) Date and place of birth
h) Reason for travel (i.e., tourism, business, study)
i) Estimated time of stay
j) Location and approximate date of arrival and departure
k) Exact address of where you reside or stay
l) Fax of in CR
m) Date of request
n) Signature

2. Documents:

All documents are original and derived from the PRC or any other country must be certified and legalized by the Consular Dept. of the Ministry of Foreign Affairs of China before being submitted to the Consulate of CR.

Also document in a language other than Spanish must be accompanied by the official translation.

The documents are:

a) Passport, must be at least 6 months of validity.

b) Copy of the biographic page of passport,with its official translation.

c) Confirmation of the air ticket reservation.
The reservation must include a definite date of departure from the
territory or to continue the journey. Since not all the visas are
approved, it is not necessary to present the physical ticket itself.

d) Proof of economic means with which the applicant will have to survive
in the country during his tenure, duly legalized and translated if
appropriate.
Checking is done by means of the following documents:
- Letter or labor certification, indicating the position held, salary and
time worked
- Bank Statement of last 3 months
It is important that the documents submitted demonstrate not only the
applicant's financial solvency. Also be used to verify that it has ties
rooted in their country of origin.
To this end, the consulate may also request the concerned to present:
- Certification issued by a cpa, issued in the 6 months
prior to their presentation, legalized and translated into Spanish.
- travelers checks
- Credit cards or debit International

e) Legalized Criminal Record, issued by the authorities of their country or where they had their habitual residence during the 3 years preceding
the date of application.

In exceptional cases where it is totally impossible to obtain the certification of criminal record, the applicant may request in
writing that you are exempt from submitting such a requirement.

f) 2 color photos passport size.

3. Pay the cost of the visa:
Once approved you must cancel the amount applicable customs cost of the costa rica visa.

Let us know when you are ready and GLC will coordinate all details.

Costa Rica Immigration: Residency Regimes and Work Permits

Costa Rica Residencies and Work Permits:

Investor: Requires a minimum investment in a CR business of US$200,000 in a company that will contribute with the growth of the economy.
Duration: 6 months-1 year approx.

Rentist: Requires a minimum deposit of US$60,000 per applicant in a recognized international bank, which will reimburse the applicant a minimum monthly amount of US$1000.
Duration: 4 -6 months.

Pensioner: Requires a minimum certified lifetime income from a national institution of US$600.
Duration: 4 -6 months.

Work Permit: The employee has to find a CR company that will sponsor the specialized worker, only qualified applicants with a desired combination of academic qualifications, skills and experience will qualify for this regime. If the sponsoring company is an Immigration Recognized company, the process is faster and improves the opportunity of an approval.
Duration: 6-12 months. (for an employee of a non recognized company)

Duration: 1-2 months. (for an employee of a recognized company)

Company Recognition: A CR Corporation that can demonstrate that it requires a steady influx of foreign labor and that the business activity will contribute with added value processes to the CR economy.

Contact GLC to determine if you are eligible and for speedy processing.

Costa Rica Visas: Different Visa Groups

GLC has more than 10 years of experience with Costa Rica attorneys specialized in Costa Rica Immigration Law. Because of the strategic geographic location, political and economical stability and attractive business environment we firmly believe that Costa Rica is one of the best options available.

Visas to enter Costa Rica:

Costa Rica Visas has 4 Groups:

First: DO NOT REQUIRE COSTA RICA VISA, CAN STAY FOR UP TO 90 DAYS.
MAINLY CITIZENS OF NORTH AND SOUTH AMERICA AND THE EU.

Second: DO NOT REQUIRE COSTA RICA VISA, CAN STAY FOR UP TO 30 DAYS.
MAINLY CITIZENS OF CENTRAL AMERICA, CARIBBEAN AND SOME ASIAN COUNTRIES.

Third: REQUIRE A CONSULAR COSTA RICA VISA, CAN STAY FOR UP TO 30 DAYS.
MAINLY CITIZENS OF EAST EUROPE, AFRICA AND THE MIDDLE EAST.

Fourth: REQUIRE A RESTRICTED COSTA RICA VISA, CAN STAY FOR UP TO 90 DAYS. CITIZENS OF: AFGHANISTAN, BANGLADESH, CUBA, HAITI, IRAN, IRAK,
MYANMAR ORBIRMANIA, PALESTINAN TERRITORY, SYRIAN ARAB REPUBLIC, PEOPLE'S REPUBLIC OF CHINA, DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA, SOMALIA, SRI LANKA

GLC will coordinate every aspect of the Costa Rica entry Visa in the respective CR Consulate and prepare all the applications to secure the Visa.

Duration: 10 days-30 days

Contact us to find out with our expert Costa Rica attorneys if you are eligible.

Costa Rican Incorporation: Details of the Incorporation Process

GLC is the main Costa Rican Incorporator for clients located around the world.

Costa Rican Corporations are used to conduct business as they are cost effective and have advantages for specific activities like Costa Rica gaming, and ecommerce in general.

GLC offers two types of Costa Rica limited liability Corporations:

1.Costa Rica Corporations: for business in general and contain:

Articles of Incorporation
Legal Books
Share Certificates
Corporate Certification
Official translation to English

2.Costa Rica Gaming Corporations: legal gaming and online entertainment activities.

Articles of Incorporation
Legal Books
Share Certificates
Corporate Certification
Official translation to English

Both include in the fees: the first year of resident agent and the registered address.

You can visit and select our stock of ready made companies at:
http://www.glccr.com/Shelf_Corporations.html

Please determine if you want to incorporate a new or ready made Costa Rica corporation and we will send you our Incorporation Application Form, let us know if you have any doubts.

Costa Rica Immigration: Costa Rica entry Visas, Costa Rica Residency for Rentist and as Executive

As you possibly know, Costa Rica is among the favorite destinations for retirement or investment in the world. Because of that our firm devotes its efforts towards facilitating legal & business procedures that are essential to safely obtain this goals.

The following are the most important regimes that exist to get a Residency in Costa Rica:

1. Costa Rica Visas are based on the country of origin, in that sense countries are distributed in 4 groups, and depending on that clasification the requirements vary. For example India used to be in the list as requiring restricted but it was recently changed to consular visa. Our firm has processed succesfully visas for citizens of Nepal, India, Pakistan and other countries in that region with success.
Legal Fees: US$500.00 per individual
Duration:1 month

2. Residency as Rentist: Possibly the most effective way to obtain legal status, however requires a deposit of US$60,000.00 in a recognized world bank in a Certificate of Deposit for at least 5 years that will guarantee a minimum monthly payment to the applicant of US$1000.00.
Legal Fees:US$1000.00
Duration:4-6months.

3. Temporary Residency as an Executive of a Recognized Company: This procedure started only in May19th, 2008 as an effort of the government to facilitate Costa Rica immigration matters. It requires first to register a CR Corporation as a Recognized company that will start operations in the country that are considered important for the economic growth of the country. Once the company has been recognized it is authorized to hire foreign employees that qualify based on education and/or experience.
Legal Fees: US$1500.00 For Company Recognition
Legal Fees:US$1000.00 Per Executive
Duration:2 months for entire process, once the company is recognized the residence for executives could be obtained in 1 month.


Common Requirements for all applications:
-Birth Certificate
-Police Record
-Certified Copy of Passport
-Fingerprints
-4 passport size pictures
-deposits to the CR Government
-Application

Note: All foreign documents have to be authenticated in the CR Consulate for the specific region and then translated to Spanish.Our office coordinates all the necessary details so that the client can have the best possible result.

Contact our team for further details.

Costa Rica Relocation: Main Aspects to Consider

The concept of relocation to Costa Rica means moving from your country of origin or residence to Costa Rica, to establish in a new location and in most of the cases, implicates the change of residency. All this involves a sometimes complicated process. Due to this, relocation services in Costa Rica have been growing in the past years, with the purpose of making the move as easy as possible.

Each person has particular interests when settling in a new life. The idea is to fulfill their particular needs, attending the following considerations when relocating to Costa Rica:

Arrival Assistance
Traveling and transporting every belonging can turn into a stressful situation. To guarantee a trouble-free arrival, Costa Rican movers offer an international service, to provide safe transportation in every step of the moving process:
 Customized packing and unpacking services: which involve wrapping, labeling and packing of every belonging, as well as unpacking and reassembling everything that was disarmed. This attention applies for both household belongings and office equipment.
 Storage services: for documents, furniture and any other stuff, all taken care in warehouse facilities.
 Coordinating the shipment of belongings, whether on air, sea, or land means.
Home Search and removals

Our Moving service is done directly through our in house Costa Rican moving company Mudanzas Economicas Arpo, a recognized moving company with more than 30 years of experience.

According to the clients requirements and the budget available, residential areas and properties are identified and suggested to the client, until one of them fits their purposes, whether if he wants to buy or lease.

As part of the accommodation, guidance is also provided in matter of education (schools), supermarkets, sport facilities, medical centers, religious centers, leisure, entertainment, work, and transport.
Advice is also provided in the case of market prices.

Costa Rican Legal Advice
After the client has made his mind on the options available, paperwork comes next:
 Drafting, checking and closing rental or purchase contracts, as well as their translation.

 Application of Costa Rican residencies, Costa Rican visas, Costa Rican work permits, car registration.
 Dealing with insurance policies (house, car, medical...), opening Costa Rican bank accounts.

Departure assistance
Whenever the client decides to leave definitely Costa Rica, advice is also facilitated for terminating contracts, registrations and coordinating the shipment of personal belongings (with the help of international moving companies).

GLC is the first mover in Costa Rica Relocation since 1999 and is the only company that has all the different Relocation Services under one roof.

Costa Rica Business Start Up, is it really that complicated?

Because Costa Rica is still a developing economy, we believe that small and medium enterprises are fundamental for the short and long term growth of our economy. Having that in mind we express in a few lines the simple version of how to start up a Costa Rican business.

In order to conduct business in Costa Rica, foreigners can do it through the incorporation of Costa Rican Companies, according to our Commerce Code. The procedure for establishing an enterprise in Costa Rica is the following:

STEP 1
To determine what type of corporation will be used. There are two options:
 Sociedad Anónima (S.A.) operates with four members called the Board of Directors, which are the President, Secretary, Treasurer and Auditor. Commonly used in complex business, requires more formalities than an S.R.L.
 Sociedad de Responsabilidad Limitada (S.R.L.): applies for smaller business, requiring a minimum of two members when incorporating, afterwards, it can be managed by only one person.

STEP 2
Once the decision is made, the company has to be registered before the Mercantile Section at the National Registry, and to acquire the corporate identification number. In order for this, the notary public has to elaborate the corporation charter after verifying the proposed name isn´t already registered for another company. He also has to publish an edict in the official daily newspaper, "The Gazette", consisting on a brief mention of the creation of the company, to let the public now. However, there´s no need to wait for the publication, presenting the paid receipt is enough. The corresponding stamps have to be cancelled too.
Moreover, after the registration in the Mercantile Registry, the company has to be registered also as contributor in the General Income Tax Office, since the entity will perform an economic activity.
In some cases, when the entrepreneur is eager to start his business, or for any urgent purposes, there are already made corporations, which have already completed this registration process.

STEP 3
To get a Work Risk Insurance for the company´s employees before the local insurance agency, as well as registering the company before the social security institution.

Step 4
Once the previous requirements are fulfilled and the company is duly registered, the ideal is to have an open office, or a place where the business will be located. Before choosing the place, the person has to respect of the zoning regulation, since not all areas allow commercial activity. In the case of those areas where it is allowed, a Zoning Permit is issued.

STEP 4
The company has to apply for a Health Permit, an operation certificate issued by the Ministry of Public Health.

Step 5
After the Health Permit is granted, the company has to apply for a Municipal Business License, issued by the corresponding city hall.

Step 6
Finally, an account processing and the registration of trademarks under the company´s name before the Industrial Property Registry proceeds.

As you can see the procedure is fairly simple, however it requires experience with the local bureaucracy.

Is it realistic to obtain a Work Permit in Costa Rica?

In the current Costa Rica Immigration Law, Work Permits are not established as such. This does not mean foreigners are not able to work in Costa Rica, because the category of temporary residencies does contain the possibility of bringing foreigners to work in certain activities. These temporary residencies apply for: scientists, professionals, technical specialists, correspondents, athletes, executives, representatives, managers, technical employees, and dependants of registered companies.

The basic requirements are the following:

STEP 1

To address a letter to the General Director of Costa Rica Immigration, signed by the legal representative of the company requiring the services of the foreigner. It has to be legalized by a consul, notary public or a respective Costa Rica immigration functionary. In the case of religious applications, they are allowed to apply directly without the assistance of a Costa Rica attorney. Either way, the letter has to explain the reasons of the application of the residency, the activities the person will carry on in Costa Rica, the personal information of both the applicant and his legal representative when required, a place for receiving notifications, the possible direction of the applicant, a document that certifies the type of work that he or she will be making and the proposed salary.

STEP 2

Present the corporate certification of the company or entity that is requiring the services here in Costa Rica, in the case of athletes, the sports organization or National Sports Council, as well as a labor contracts with the organizations, it is also needed in the case of executives, representatives, managers, technical employees, and dependants, authenticated by a Costa Rica lawyer.
To present a certification from a chartered public accountant that certifies the economic capacity of the company, as well as the certification of the Social Security Institution/ Insurance Institution to confirm goodstanding.

STEP 3

ID copies and the original document of the foreigner that intends to work here in Costa Rica. The applicants must be fingerprinted at the Ministry of Public Security.

STEP 4

To present a report from the Ministry of Social Security and Labor, previously requested, that demonstrates that the national work force won´t be affected or displaced, as the Immigration policies intend to avoid.

STEP 5

Present his/ her Birth certificate where the name of the applicants parents appear, it must be legalized by the respective Consul, and once in Costa Rica, sealed in the Ministry of Foreign Affairs. Also a certified copy of the applicant’s passport is necessary.

STEP 6

To present the certification of criminal record, this confirms there were no crimes or felonies committed by the applicant in the past three years. It must be legalized first by the consul, then by the Ministry of Foreign Affairs here en Costa Rica.

STEP 7

Attach photographs, stamps, and translation to Spanish if the documents where written in any other language.

As you can see it is not impossible to obtain a Costa Rica Work Permit, however just like similar laws around the world, the applicant has to demonstrate considerable qualifications that can contribute with the development of a specific Costa Rican Corporation which will have to sponsor the petition.

Costa Rica New Immigration Law: Second Part

As our previous post mentioned, Costa Rica is currently one of the preferred international destinations for citizens of the developed nations to invest or retire. It is the obligation of the Costa Rican Immigration Law to control all the related aspects about significant migratory trends and to offer advantages for those who are willing to relocate to Costa Rica. In this post, we will discuss specifically about two of the main types of residencies offered by the Costa Rican Immigration authorities and the possible changes that could affect them in the near future, those residencies are: Rentist or Pensioner.

To become a Rentist, according to Costa Rican Law, the basic requirement is to receive a monthly income of no less than US $1.000 in a recognized local or foreign bank. To become a Pensioner, the requirement is to receive a monthly life pension of no less than US $600, both types of residencies are allowed to get involved in business activities; however they can’t be hired as employees of Costa Rican Companies.

Regarding the aforementioned categories, there is a mayor concern derived from a bill currently in discussion in the Congress, named General Immigration Law. It promotes several changes to the current Immigration regulations, among these, the possibility of increasing the established amounts required by the applicants of such regimes. This precise topic is causing great controversy among Costa Rica lawyers, expats and the general public.

According to the proposed content, the minimum amount required to qualify as a Rentist would increase to up to US $5000 (for a single applicant, with the possibility to include the spouse and dependants under 18), concerning the residency for Pensioner, US $2000 (also for a single applicant or a family unit). Some of the Congressmen disagree in increasing the amount in such a drastic way, which is why some of them presented motions to consider amounts such as US $ 1000 related to Pensioner, and between US$2500 and US$3000 for the Rentists however a definite decision has not yet been taken.

Either way, this issue is causing anxiety within the local and foreign communities. Even the members of the Congress have mentioned the fact of receiving hundreds of e-mails about the fear regarding the dramatic increase in the amounts, and the negative effects these might cause to their resident condition already granted. Real Estate agents affirm that upon the approval of these highly increased amounts it is foreseen a new economic damage for Costa Rica’s economy, and it’s not convenient to apply this figures specially considering the economic crisis presently experienced in the entire world.

The government assures that the main reason for increasing the amounts is to respond to the needs of national security, and that the amounts are not as excessive as they seem, instead, necessary for better benefits. Even so, citizens, residents, people from abroad are worried and still consider the amounts potentially required as outrageous, as an obstacle for entering in Costa Rica.

Costa Rica New Immigration Law: An Introduction

Costa Rica is without a doubt one of the most attractive destinations for expats, retirees and even companies to relocate. The stability, the beauty of its nature, its people, the business opportunities, its strategic location, the qualified labor and many other reasons make Costa Rica one of the safest bets to get away from the developed world without sacrificing convenience, however, the dynamic phenomenon created by thousands citizens of many different cultures has altered Costa Rican society dramatically, the newcomers and the Costa Ricans created a new society which is in need to be better regulated, which is why our government is moved by this situation and as a response is currently considering making changes to the actual Costa Rica Immigration Law. Members of the Congress are considering the following changes:

 There might be a conflict between some Costa Rica Immigration rules and Constitutional rights such as transit freedom, identification documents, the right to work and intimacy, which is why, a bill is now been promoted, a law based on the principle of equality in article 33 of our National Constitution (foreigners and nationals have the same rights except those specifically excluded by the Costa Rican Constitution.

 Immigrants deserve a right to a due process which guarantees them access to justice, the right to defend themselves, especially in matters of deportation, expulsion or cancellation of their Costa Rica migratory status. Currently foreigners are protected by law and receive a due process, but the new Costa Rica Immigration Law would clarify certain details.

 If changing the actual Costa Rica Immigration system, Costa Rican Immigration would become a real national development factor.

 Internal regulations have to be adapted within commitments made in international treaties and conventions signed and ratified by Costa Rica, especially those related to human rights.


Due to the motives previously exposed, the bill called “General Law on Immigration”, intends the following:

 To be an instrument to fight corruption, with simpler procedures and functional management, in order to facilitate the control, flexibility and agility of procedures.

 To establish a new model of Costa Rica Immigration to legalize the process of integration of Immigrants into the social security contribution system and participation in social work in the communities.

 To define the crime of human trafficking and the special protection of victims.

 The strengthening of the Costa Rican Immigration Police who will be a support unit.

 To create the Visa Committee, based on a collegial decision.

 To protect the guarantees and rights of the Immigrant population in labor issues, as well as creating a working immigration status. Create an Immigration tax to generate resources for social services that are affected by foreigners.

GLC believes that the changes mentioned above are necessary, however we do not believe that increasing the required amounts to qualify as a costa rica resident are the solution, Costa Rica is still a developing country, there are many areas of the country that require significant investment and enhancement of opportunities, if the new Immigration Law can focus on making sure that the newcomer has a clean police record, that has a guaranteed income and/or specialized qualifications that will not affect Costa Rican workers, that should be enough to enter the Costa Rica.

Why would someone need a Costa Rica Shelf Company (basic explanation)?

A Costa Rica shelf company is an already made Costa Rican corporation, this means already incorporated and registered in Costa Rica, with all the requirements for legal registration complied, however they do not operate or conduct any business at all, their documents are usually kept motionless in the office of the Costa Rican attorney at law serving as the resident agent of the Costa Rican company, awaiting to be purchased by any client.

They are also known as Costa Rica off-shelf companies or Costa Rica aged corporations, since they are created but not for a specific deal or purpose, they are metaphorically put on the "shelf" to "age".
Costa Rica Shelf corporations are usually sold by Costa Rican law firms or consortiums, whose members generally hold the relevant positions in the Costa Rica legal structure, until a customer is interested in buying, this would later on imply the transference or the establishment of the Costa Rica corporation's board of directors and shareholder profile.
Costa Rica Shelf companies become handy when an individual or an enterprise is interested in operating in Costa Rica but does not have the time to incorporate a Costa Rica new company (To incorporate a Costa Rican Corporation from scratch normally takes 2-4 weeks). A Costa Rica shelf company can facilitate the needs of a customer that wants to pursue business inmediately, as well as avoiding administrative hassle and expense in the creation of a new Costa Rica company.

A Costa Rica shelf corporation is also ideals in matters of providing history to the company (related to the registration date), cause in certain circumstances, in making business, a lenght of time of the company operating will be considered.

The main purpose of Costa Rica shelf companies is to save the waiting time to benefit from immediate business advantages.

GLC is a recognized provider of Costa Rican shelf companies for e commerce in general our corporate kit includes at least the following:
 Articles of Incorporation with an official English Translation
 Share Certificates
 Legal Books
 Corporate Certificate

Contact Team GLC for further doubts.

I want to Incorporate in Costa Rica, should I go for an S.A. or an S.R.L. or does it really matter?

If you are considering conducting business in offshore jurisdictions such as Costa Rica, there are two main legal Costa Rican entities available for these purposes:


1. The Costa Rica Limited Liability Corporation (Sociedad de Responsabilidad Limitada, S.R.L.)
Costa Rican companies that are relatively simple to operate that require less formal acts to function and are usually recommended for small business enterprises. Main

Main Characteristics:
• Liability of the shareholders limited to the amount of their capital contribution
• Capital is divided into individual registered shares, which can´t be sold to the public
• There´s a minimum of two shareholders to constitute this type of entity
• Can operate with only one manager

Note: The GLC Group has gradually move from using S.A.s towards S.R.L.s based on our experience with certain offshore clients and their difficulties in sometimes operating with the 4 mandatory signators required for certain procedures, however it is strongly adviced to receive qualified advice from one of our Costa Rica Business Attorneys at law.

2.Costa Rican Corporation (Sociedad Anónima, S.A.)Most used form of business organization in Costa Rica, but applies for relatively more sophisticated purposes.
Main Characteristics:
• Requires slightly more elaborate formalities
• Stock ownership can be transferred to third parties
• Requires at least four members in the board of directors (president, secretary, treasurer and auditor) to manage and control affairs. Also, a Costa Rica resident agent has to be designated and should be a duly incorporated Costa Rica lawyer. and Costa Rica Notary Public. Generally the members of the board match with the shareholders


Conclusion:Both Costa Rican S.A.s and Costa Rican S.R.L.s offer tax advantages if operated as offshore corporations conducting their business outside of Costa Rican jurisdiction. Annual maintenance is inexpensive for both and annual tax filing is mandatory. These companies, must be registered before the Mercantile Registry of the Public Registry
Contact our Costa Rican legal firm in order to benefit from our expertise in Costa Rican Incorporation Procedures and GLC will be glad to process the Costa Rican Corporation that specifically serves your purpose.

Buying Costa Rican Properties For Dummies (and for anybody that wants to do it the right way)

Buying Real Estate in Costa Rica
What you need to know when buying real estate in Costa Rica

Step 1

It’s suitable to contact a reputable Costa Rica real estate agent, in order to identify a Costa Rican property of your interest from a listing that the broker has to offer. Once you have chosen the land, verify every fact related to the property you intend to buy, with the guidance of your Costa Rican attorney at law.IMPORTANT: There’s no mandatory regulation about Costa Rican real estate agents, so there are no legal requirements to be a broker, however, as a buyer, you should pay attention to recommendations. Also, Costa Rica real estate agents usually work closely with sellers.

Step 2

Conduct an initial title search in the Costa Rica Public Registry, to make sure who is the legally registered owner of the Costa Rica property, and to find out if there are any liens or encumbrances affecting the Costa Rica real estate title. For this purposes, the seller should provide the full name of the registered owner as well as the Costa Rica property title number.

Step 3

The seller should also provide a copy of the survey map for the Costa Rica property. A survey map is prepared by a surveyor, and certifies that the property has complied with the standards of form and accuracy, and should contain the stamp of the Costa Rica Catastro Nacional, including also the registration number. This way, the person interested in buying Costa Rica real estate can verify and recognize the boundaries of the property. Likewise, a reference of the survey map is a requirement in the transfer deed, in order for the Costa Rica Public Registry to allow it.

Step 4

After the Costa Rica title search and the inspections requested, the buyer or their Costa Rica real estate agent will provide a purchase offer and an earnest money deposit to the seller, which will set forth the terms of the offer. Once it is accepted, the transfer of the title comes next.
There may be cases when the buyer and the seller need a longer period of time before closing with your Costa Rican attorney at law or more specifically in this case Costa Rica Public Notary. In these situations, there are two solutions:
• An Option (Opcion de Compra)
• Reciprocal Promise to Buy and Sell (Promesa Reciproca de Compra-Venta)
Step 5
Real Estate in Costa Rica is transferred from seller to buyer by a transfer deed called Escritura de Traspaso, before a Costa Rican Notary Public (in Costa Rica in order to be invested as a Notary Public it is required to be a lawyer and specialize in Notarial Law as the Costa Rican Government appoints them as Public officers who take care of this matters exclusively) , who drafts, authenticates and certifies the documents.
At closing, the seller must assure the buyer that he is current with the property tax payments and municipal assessments.

Step 6

Generally both parties share the closing costs, which include: Real Estate transfer tax (1.5% of the registered value of the property), Documentary Stamps (affixed to the deed), Notary Fees.

Step 7

The Costa Rican Notary presents the deed in the Costa Rica Public Registry, in order to be registered. In this aspect we strongly encourage investors to receive legal professional advice to determine if in a case by case basis if the regulatory advantages of acquiring Costa Rican properties through a Costa Rican corporation is desired.

Do I need a Gaming License or just a Gaming Company?

GLC has more than 13 years of experience in offshore gaming law, directed by attorney Augusto Arce Marin, our firm provides legal advice to entrepreneurs that want to explore the possibilities available in the online gaming industry. Mr. Arce is the main expert in Costa Rican Gaming Lawand author of the graduation thesis presented in 1999 titled "The Legality of International Sports Bets according to Costa Rican Law" has written for all the major Costa Rican newspapers including La Nación, The Tico Times, El Financiero and Al Día about the legalities involved in online legal gaming.

Costa Rican corporations are the best option for business groups interested in operating an offshore gaming company, having said that, it is vital to carefully review the implications involved in using a CR Corporation to conduct gaming activities.GLC requires a client/attorney relationship prior to disclosing the key aspects of the gaming industry.

The most common question that entrepreneurs have is, what do I need to legally operate a gambling company? GLC has simplified the requirements to launch such enterprise, using customized CR Corporations our firm offers a structure of limited liability gaming corporations that are incorporated based on the following guidelines:

Step 1 (optional but highly reccomended as it gives the client a comprehensive understanding of all the aspects involved)

Conduct Online Legal Gaming Report:
-Nationality of Beneficiaries
-Location of Servers
-Target Market
-Need of Data Processing License
-Type of games offered

Duration: 3 business days

Step 2
Incorporation of Legal Gaming Entities
-1 or more companies will be registered in one or more jurisdictions based on the specific studied client profile.

Duration: ranges from 1 day to 3 weeks

Step 3
Bank Accounts
-Processing of bank accounts in one or more offshore jurisdictions.

Duration: 8 business days after all requirements are properly reviewed.

With our assistance we will determine if your specific gaming idea can function legally with just a gaming corporation or if a gambling or gaming license will be required.

Contact us at:info@glccr.com

Sources:
http://www.glccr.com/Gaming_Corporations.html

An introduction to offshore corporations

What are Offshore corporations?

An offshore corporation is defined as a strategic company for investing, since it is created in a different jurisdiction or country from the one of the investor’s country of origin, North American in most of the cases. Lately, Costa Rica has emerged as a perfect place for investing, due to several regulatory advantages.

Offshore corporations are a possibility for conducting business in the global market, with advantages such as these:
 Tax reduction, there are business structures abroad that are ideal to set up and maintain the company operating without exceeding the corporation’s tax liability. By developing an offshore corporation, prosecution by tax evasion and other economic issues are avoided.
 Fees are not equal in every jurisdiction for creating companies, so there are several options for the investor, to adjust his needs to the requirements of the chosen country.
 Asset protection, the offshore center is able to transfer its capital, keeping the anonymity and confidentiality desired. This wealth is also protected from lawsuits or any other economic issue.
However, every individual situation is different, which is why legal assistance is the first consideration if investing offshore. GLC has a qualified team in matters of investing here in Costa Rica. We offer guidance, legal advice in order to keep our client’s needs safe and satisfied.

GLC provides three different forms of limited liability corporations: New, Shelf and Gaming Corporations. We can help you create your own new company here in Costa Rica. In urgent cases, we offer ready-made companies or Shelf companies. Finally but not least, Gaming corporations are part of our services, as we have helped several gaming groups into forming the ideal corporate structures to operate globally respecting international regulations.

Feel free to contact Team GLC for further clarifications via e-mail to info@glccr.com


Resources
http://www.investopedia.com/articles/02/020602.asp
http://www.consultwebs.com/legal_glossaries/business_law/business_law_glossaryo.html
http://en.wikipedia.org/wiki/Offshore_corporation