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Published: 04 Nov 2008 05:30:59 PST

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Guatemala

Business Environment

Business practices

Closed hours and days
Banks open Monday to Friday, from 9.00 to 15.00 and sometimes until 19.00, on Saturday from 9.00 to 12.00.

Public holidays

Compensation day
 

Periods when companies usually close


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Standards

National standards organizations
Integration in the international standards network
The competent organisation aimed at legally dictating the current standards is the Guatemalan Committee of Standards (COGUANOR). Until now, 670 standards were published, of which 625 are compulsory.
The compulsory standards especially concern food products and often refer to international standards. Furthermore, the import of any food product requires obtaining a sanitary certificate to be asked at the Ministry of health (Recordings and food control Department). It further requires that the labelling of the products be written in Spanish.
Classification of standards
Online consultation of standards
Certification organizations

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Legal framework

Independence of justice
The judiciary is not independent in Guatemala. It lacks transparency and accountability.
Equal treatment of nationals and foreigners
Foreign nationals cannot expect a fair trial from country's judicial system.
The language of justice
The judicial language used in the country is Spanish, though there are 23 other officially recognized Amerindian languages.
Sources of the law and legal similarities
Guatemala is a Republic state based on parliamentary democracy with presidential form of government. The country (official name: Republic of Guatemala) has a pluriform multi-party political system, but the tradition of military dominance still continues.
President is both the chief of the state and head of the government. President holds the executive powers which include implementation of the law in the country and running the day-to-day affairs. Both President and Vice-President are elected by popular vote for a four-year term. Council of Ministers (the cabinet) is appointed by the President.
The legislature in Guatemala is unicameral. The parliament called Congress of the Republic has 158 members which are elected by popular vote to serve four-year terms. The country's constitution provides for a separation of powers among the executive, legislative, and judiciary. President cannot dissolve the parliament; however the President has the power to veto acts of the parliament which in turn can be overridden by supermajority of legislators. The people of Guatemala have limited political rights.
The judiciary is not independent in Guatemala. It lacks transparency and accountability. The main source of the law is the constitution of 1985 which was amended in 1993. The legal system is based on civil law system and judicial review of various legislative acts. Guatemala has not accepted compulsory ICJ jurisdiction. The judicial language used in the country is Spanish, though there are 23 other officially recognized Amerindian languages.
Guatemala is not ruled by law. Guatemala remains one of the most violent countries in Latin America. Foreign nationals cannot expect a fair trial from country's judicial system. A high degree of corruption exists in the country; especially administration, judiciary and corporate sector are plagued with corruption. E fforts to promote transparency have made little progress.
Consulting national laws online

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Intellectual Property

National organizations
The organisation in charge of the protection of the intellectual property in Guatemala is the Registro de la Propiedad Industrial.
Guatemala signed the Agreement of Bern and the Treaty of Rome.
According to the agreement of Central America for the protection of industrial property, the preferential registration of a Guatemalan trademark is guaranteed in any country of Central America, during the first 6 months of the recording in Guatemala.

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National regulation and international agreements

Type of property Law Validity International agreements signed
Patent
Trademark Trademark law treaty
Nice agreement concerning the International classification of goods and Services for the Purposes of the registration of Marks
Protocol relating to the Madrid Agreement concerning the International Registration of Marks
Design Law on Design 5 years renewable  
Copyright
Industrial Models  

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Tax rates

Consumption taxes

Tax rate
12%
Reduced tax rate
There is no reduced rate.
Are exempted exports, basic foodstuffs, certain financial services and sales of some low-cost housing.

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Corporate taxes

Tax rate
Capital gains taxation
Capital gains are taxed at a rate of 10% under the Withholding Tax Regime or 31% under the Optional Tax Regime.
Other corporate taxes

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Sources of fiscal information

Tax Authorities
http://portal.sat.gob.gt/portal/">Tax Administration in Guatemala
Other domestic resources

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Accounting rules

Tax year
The fiscal year begins on July 1st and ends on June 30 of the next year.
In some cases, a fiscal exercise corresponding to the calendar year can be allowed.
Accounting regulation bodies
Publication
Each company has to publish a balance sheet each year.
Professional accountancy bodies
Accounting news

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Source: FITA

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