Blue Zone Legal, in collaboration with Briffkase, is pleased to share an important fiscal update regarding the Capital Gains Tax regime in Costa Rica, incorporating the latest regulatory changes applicable as of November 24, 2025.

These updates are particularly relevant for investors, companies, property owners, and foreign sellers, as they introduce procedural modernization, mandatory digital filing, and new withholding obligations in specific transactions.

What Is Considered a Capital Gain?

A capital gain arises when a taxpayer sells an asset—such as real estate, shares, vehicles, or other rights—for a price higher than its acquisition cost. The difference between the purchase price and the sale price constitutes the taxable capital gain.

Since 2019, capital gains in Costa Rica have been treated as taxable income, subject to specific rates and reporting obligations, unless a statutory exemption applies.

Key Legal and Regulatory Framework

The current regime is governed by:

• Law No. 9635 (Strengthening of Public Finances), in force since July 1, 2019, which introduced a 15% tax on net capital gains, and
• Resolution MH-DGT-RES-0051-2025, which modernizes compliance and introduces important operational changes for 2025, including mandatory use of the TRIBU-CR platform and automatic withholding rules for transactions involving non-residents

Applicable Tax Rates

The applicable tax treatment depends on the type of taxpayer and the date the asset was acquired:

• Costa Rican residents (individuals or legal entities):
  Capital gains are generally taxed at 15% on the net gain (sale price minus acquisition cost and allowable deductions).
• Assets acquired before July 1, 2019:
  Taxpayers may opt—on a one-time and irrevocable basis—between:
  • 15% on the actual capital gain, or
  • 2.25% on the total sale price, which may be advantageous for assets with significant appreciation.
• Non-resident sellers:
  A 2.5% withholding tax applies, calculated on the higher of the sale price or the fiscal value determined by the Tax Authority.
  This withholding is final and definitive, and must be made by the buyer, who will be held jointly liable if the retention is omitted.

Mandatory Digital Filing and Deadlines

As of 2025, all capital gains and capital income declarations must be filed exclusively through TRIBU-CR. Paper filings and prior platforms are no longer accepted.

Key points to note:

• Declarations and payments must be submitted within the first 15 calendar days (not business days) of the month following the taxable event.
• Different forms apply depending on whether the taxpayer is an individual, legal entity, or public entity.
• For real estate transfers, updated forms and procedures now apply within TRIBU-CR.

Exemptions Under Costa Rican Law

Costa Rican legislation provides several important exemptions, including, among others:

• The sale of a taxpayer’s habitual residence, provided it can be duly substantiated.
• Heritages, legacies, and donations.
• Certain pension funds, public trusts, and social security entities.
• Interest generated on savings and checking accounts.
• Occasional sales of movable assets by individuals, provided they are not linked to a commercial activity.

These exemptions are strictly regulated and must be analyzed on a case-by-case basis.

Practical Recommendations

Given the increased digital control and enforcement:

• Investors should review acquisition dates and tax options well before selling assets.
• Buyers acquiring property from non-residents must ensure the 2.5% withholding is properly executed to avoid joint liability.
• Proper documentation of acquisition costs, improvements, and deductible expenses is essential.
• Early registration and familiarization with TRIBU-CR is strongly advised.

Joint Expert Commentary

“The 2025 regulatory update represents a significant step toward greater fiscal traceability and legal certainty. While compliance is now more structured, early planning remains key to optimizing tax exposure and avoiding sanctions.”
— Briffkase & Blue Zone Legal Legal-Tax Team

How We Can Assist

Navigating capital gains taxation—particularly in real estate transactions involving foreign sellers or assets acquired before 2019—requires coordinated legal and tax planning. Early advice can make a material difference in compliance, cost optimization, and risk mitigation.

Blue Zone Legal and Briffkase work closely to provide integrated legal and accounting support, including:

• Structuring and review of real estate transactions
• Capital gains tax analysis and optimization
• TRIBU-CR registration, filings, and compliance
• Withholding obligations for non-resident sellers
• Ongoing corporate and tax advisory services

If you are planning a sale, acquisition, or restructuring, or if you are unsure whether your transaction triggers capital gains tax, our teams will be pleased to assist you.

Legal Advisory
Blue Zone Legal
📧 info@bluezonelegal.com
🌐 www.bluezonelegal.com

Tax & Accounting Advisory
Briffkase
📧 czuniga@briffkase.com
🌐 www.briffkase.com

We remain at your disposal to guide you through each step with clarity, precision, and full regulatory compliance.

© 2025 Blue Zone Legal®. All rights reserved.

The information contained in this blog is provided for informational purposes only and does not constitute legal advice, nor does it create an attorney-client relationship. Readers should not act upon this information without seeking appropriate professional counsel.

Quotations of this content may be used provided that proper credit is given to Blue Zone Legal and a direct link to the original publication is included.