Formal duties are defined as those explicit actions, i.e. that are clearly expressed and imposed by the tax administration on the taxpayers or taxpayers, by virtue of the provisions set forth in the Organic Tax Codes and in the precepts set forth in the laws and regulations.
That is to say, they are the obligations that the Law or the regulatory provisions, and even the tax enforcement authorities, by delegation of the Law, impose on taxpayers, responsible parties or third parties to collaborate with the Administration in the performance of its duties.
There is no doubt that the formal duties require an effort from taxpayers that translates into resources of time, money and administration, which have little or nothing to do with their productive economic activity, however, it is necessary to recognize that with them a greater tax control is achieved, which ultimately ensures greater tax justice based on the contribution "of all and for all".
But if this argument were not enough to convince the taxpayer, the Organic Tax Codes establish coercive measures for its compliance, such is the case of the pecuniary sanctions that materialize when incurring in formal offenses, a qualification attributed by the legislator to the non-compliance with the formal tax duties.
For example, with respect to the compliance with the formal duties of ordinary taxpayers with respect to value added tax, it is established that all ordinary taxpayers must comply with the stipulated precepts, in those cases where the taxpayer fails to comply with the formality of registration, the Tax Administration will proceed ex officio, imposing the pertinent sanction.