Law 254 of November 2021 and its changes of requirements for Accounting Records
In 2016, the Republic of Panama, through Law No. 52, established the requirement that all legal persons (corporations, limited liability companies and private interest foundations) which carry out operations within the Republic of Panama or abroad, as well as those that are dedicated exclusively to being an asset holder inside or outside of Panamanian territory are obliged to keep accounting records and maintain supporting documentation for a minimum period of five (5) years.
The New Law
A new accounting law was passed during late 2021 to introduce adjustments in terms of fiscal transparency and prevention of money laundering. This new law, Law 254 of November 2021, modifies, among other regulations, Law 52 of 2016 in establishing additional requirements regarding the maintaining of accounting records and supporting documentation to be kept by legal persons.
What has changed?
Law 52 stated the obligation for legal persons to hold and maintain their accounting records and supporting documents each year. However, in that law there was no requirement for them to be provided to the entity´s resident agent. For those who are unaware of what the resident agent is, or does in regards to your legal entity, the resident agent is the lawyer or law firm that enacts the obligatory role required of your company or foundation and serves as the liaison between the client and the authorities of Panama to maintain all the legal entity´s requirements by law.
Previously it was only indicated that a legal entity´s accounting records in Panama were held and maintained by an appointed person delegated by a legal entity´s beneficial owner, such as an accountant in Panama. Important to note that if the entity´s accounting records are not registered as being kept at the office of the resident agent in Panama, then an affidavit must be provided in writing by the resident agent with the following details:
- The physical address where the accounting records are held: and
- The name and contact details of the person who keeps them in their custody.
Law 254 now mandates that the resident agent must be provided with, as an annual obligation, copies of the accounting records in Panama and their supporting documentation for the previous financial year ending December 31st. The accounting records should be provided to the resident agent no later than April 30th for the previous financial year.
What are accounting records and supporting documentation?
Accounting records in Panama are defined as being those records that clearly and precisely indicate the operations, assets and income of the legal entity. Additionally, they determine the entity´s financial situation with reasonable accuracy so that its financial statements can be prepared.
Supporting documentation is defined as being all documentation necessary to support all transactions carried out by the legal entity which would include, but not necessarily limited to, contracts, invoices and receipts.
Does the level of information required differ for a corporation or foundation that is just holding assets and has no operations?
Yes. Dependent on the activities of the legal entity, the accounting records in Panama to be provided are indicated as follows:
For a legal entity that does not engage on acts of trade or business
Legal entities that are engaged exclusively in holding assets, such as real estate, shares, participation quotas, bank accounts and/or investment accounts, among others, shall provide as accounting records a document containing the following information:
- The value of the assets held;
- the income generated by those assets; and
- the liabilities relating to those assets.
In the event that an entity has no operations then a declaration of non-operations can be submitted, along with the supporting evidence for the value of the asset held e.g., a property deed indicating the value of the property when purchased.
For a legal entity engaged in commerce.
Legal entities engaged in the purchase and sale of public or private debt and securities, for profit from their resale or by any other means of commercial enterprise, must submit:
- The custodian’s statement of account; or
- The balance sheet of the legal person.
Legal entities that carry out acts of commerce outside the Republic of Panama must submit:
- An accounting journal; and
- a general accounting ledger.
English speaking accountants in Panama
The selection of the right accountant for you is a business-critical decision for the future planning of your enterprise. You would ideally want your accounting service provider in Panama to be well versed in what you need, plenty of experience, can speak your language and help you make your future plans.
Topaz Services offers a wide range of accountancy services in Panama and we have experience of taking full care of your Panamanian entity´s needs whether it be from the start-up of your entity´s operations or from the processing of financial statements and the filing of your existing entity´s local tax returns.
At Topaz Services we provide a value-added solution to meet your needs and we take great care to get to know our clients in order to design the framework that can meet their needs to improve the management of their business affairs. Our unique and bespoke approach can make that crucial difference.