The Costa Rican Tax Administration (Dirección General de Tributación) has issued Resolution MH-DGT-RES-0051-2025, titled “Use of the Capital Gains Withholding Form – Non-Resident – 129 and repeal of Resolution MH-DGT-RES-0039-2025.”
This new regulation establishes the mandatory use of Form 129 through the TRIBU-CR platform for declaring and paying the 2.5% capital gains withholding tax applicable when a non-resident sells real estate in Costa Rica.
It also repeals the previous resolution MH-DGT-RES-0039-2025, simplifying compliance and aligning the process with the country’s new digital tax system, TRIBU-CR
Legal Basis and Context
The resolution is issued under the authority granted by several key provisions of the Costa Rican Tax Code (Código de Normas y Procedimientos Tributarios, Law No. 4755):
- Article 99 authorizes the Tax Administration to issue general rules to ensure the proper application of tax laws.
- Article 103 allows the DGT to require that tax declarations be filed through digital means.
- Article 105 obligates all individuals and legal entities to provide tax-relevant information derived from their economic, financial, and professional relationships.
- Article 23 defines “withholding agents” as those responsible for withholding and paying taxes in specific transactions.
- Article 122 validates electronic filings using secure credentials and digital signatures as equivalent to handwritten signatures.
The new regulation also cites laws and regulations which explicitly requires that when a non-resident transfers real property located in Costa Rica, the buyer must withhold and pay 2.5% of the total agreed sale price as a prepayment of the seller’s capital gains tax.
Key Provisions of Resolution MH-DGT-RES-0051-2025
- Who Must Withhold the Tax
When a non-resident individual sells real estate in Costa Rica, the buyer (acquirer) acts as the withholding agent.
The buyer must withhold, declare, and pay the tax to the DGT.
Failure to comply can trigger post-transaction audits and penalties.
- Withholding Amount
A 2.5% withholding is applied to the total sale price (gross amount) agreed upon between the parties, regardless of the actual gain.
This amount is paid on account of the non-resident seller’s capital gains tax liability.
- Mandatory Form and Platform
The declaration must be filed exclusively through the TRIBU-CR online system using the new form:
Form 129 – “Retenciones de Ganancias de Capital – No Domiciliado” (Capital Gains Withholding – Non-Resident).
The form replaces previous formats and is now the only valid method of reporting and paying this tax.
Submissions made through any other system or format are considered legally invalid.
- Filing and Payment Deadline
The declaration and payment must be completed within the first 15 calendar days of the month following the date of the transaction.
Late filings generate interest charges under Article 57 of the Tax Code and may also result in administrative sanctions.
- Payment Methods
The resolution allows payments through:
- Bank interconnection services authorized by the Ministry of Treasury;
- Real-time debit (DTR) using IBAN-enabled accounts; or
- Other payment mechanisms approved by the DGT.
- Liability for Late Filing
If the declaration is not submitted on time for reasons not attributable to the DGT’s systems, the withholding agent (buyer) remains fully responsible for the delay and any resulting sanctions under Articles 80, 80 bis, and 150 of the Tax Code
7. Repeal of Previous Regulation
Resolution MH-DGT-RES-0039-2025, published in September 2025, is fully repealed.
The earlier rule linked the withholding process to the “Property Transfer Tax Form” and included a 20% reduction incentive under the Law for the Attraction of Investors, Rentiers, and Pensioners (Law No. 9996).
That framework has now been replaced entirely by the new TRIBU-CR-based process
Implementation Timeline
Effective Date: October 6, 2025
- Platform: TRIBU-CR (Sistema Integrado de Gestión Tributaria)
- Valid Form: Retenciones de Ganancias de Capital – No Domiciliado – Form 129
- Deadline for Filing: Within 15 days after the month of sale
Implications for Real Estate Buyers and Professionals
For Buyers:
- If you purchase property from a non-resident seller, you are legally obligated to act as the withholding agent.
- You must withhold 2.5%, file Form 129 via TRIBU-CR, and make the payment within the established deadline.
- Failure to comply may prevent the National Registry from processing the property transfer and could expose you to penalties and interest.
For Attorneys and Notaries:
- It is critical to advise clients—especially buyers—of their obligations under this resolution.
- Closing documentation and escrow instructions should explicitly address the withholding and filing requirements.
