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Income tax

Non-deductible expenses in Costa Rica: the closed list of article 9

It is not a list of examples: it is exhaustive. And it contains things almost every company has in its books, which have to be added back when filing.

7 min readTicuenta
In one sentence: article 9 of the Income Tax Act lists what does not deduct, and those expenses — however correctly recorded in your books — have to be added back in the reconciliation used to fill in the return.

The list

WhatDetail
Permanent improvements and investmentsWhat is capitalisable goes to assets and depreciates; it is not an expense of the period
Expenses unrelated to the businessThose not arising from the taxable activity, unsupported ones, and those of another period
Income tax, VAT and excise tax themselvesWhen you are a taxpayer for them
Fines, surcharges and tax interestOn any tax, including payment arrangements
Dividends and profit sharesWhat is paid to members, shareholders or owners
Expenses abroadExcept those expressly authorised
Luxury and personal recreationInvestments of that nature
Purchased intangiblesGoodwill, trademarks, formulas, processes and similar
Withholdings and advance instalments of the tax itselfThey are credit, not expense
Pay not subject to social securityWhat is paid to someone without registering them
Gifts to members or relativesPresents, royalties and donations to them
Subsistence expensesThose of the taxpayer and their family
Interest the owner pays themselvesOr to their spouse, children or relatives to the third degree
Capital lossesOn transfers of movable or immovable property, with the exception the law provides
Expenses in non-cooperative jurisdictionsUnless you prove the transaction was real
Gifts and bribesTo public officials or in the private sector

The three that appear in almost every set of books

  • Tax authority fines and interest

    They are recorded as an expense, because they are one, and they do not deduct. One of the first adjustments in any reconciliation.

  • Income tax itself

    The tax expense account that appears in your income statement is not deductible for calculating that same tax.

  • Wages not subject to social security

    Paying someone “off the books” has labour consequences, and a tax one too: that expense does not exist.

What a “non-cooperative jurisdiction” is

The least-known definition on the list, and the one that surprises people most. A country is considered non-cooperative if it meets either of two conditions:

  • Its profits tax rate is below 18 % — more than 40 % below Costa Rica's 30 %.
  • Or it has no information exchange agreement with Costa Rica.

The tax authority publishes the list at least once a year. Check it before contracting a service abroad if the expense is going to be significant.

Why this is called a reconciliation

Your income statement measures the result under accounting rules. The return measures it under tax rules. They are not the same thing, and neither is wrong: the reconciliation is the bridge between them, and this list is most of that bridge.

Better separated from the entry than hunted down in March. A non-deductible expense with its own account shows separately in the income statement all year, and the reconciliation writes itself. Looked for afterwards, it is an audit of your own books.
From Ticuenta

The reconciliation, from the entries

The income statement comes out of the accounts, with comparatives and an Excel export: the starting point of the reconciliation, already balanced.

See how it works

About this article. The list is article 9 of the Income Tax Act, which is exhaustive and not illustrative; the definition of a non-cooperative jurisdiction comes from the same law, and the list of countries is published by the tax authority.

Verified as of 24 September 2026. Tax rules change. This is information, not tax advice.

Sources: Current legal texts (Sinalevi) Ministry of Finance

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