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Quantification Of Amounts - Full Text Of The Norm

Original Language Title: ZONAS DE DESASTRE CUANTIFICACION DE MONTOS - Texto completo de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
ZONA DE DESASTRE Law 25.812 Provide the National Executive Branch to agree with the Executive Branch of the Province of Santa Fe the quantification of the amounts planned to compensate for damages, subsidize and/or provide credit assistance mechanisms for survivors residing in disaster areas, in order to resolve the extension of the fund created by Law No. 25.735. Obtain tax benefits for the purchase of machinery and equipment, soil recovery and desalination and damage compensation. Sanctioned: November 5, 2003. Partially promulgated: November 27, 2003.

The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force of Law:

ARTICLE 1 Please refer to the national executive branch, in order to agree with the executive branch of the province of Santa Fe within thirty (30) days, the quantification of the amounts planned to compensate for damages, subsidize and/or provide credit assistance mechanisms for the victims residing in the disaster zones in order to resolve the expansion of the fund created by law 25,735, and provided for in the second paragraph of Article 3 of the same. ARTICLE 2 Direct benefits for the following situations should be provided by the appropriate channels as provided for in the regulation and agreement provided for in article 1:

(a) Affected families whose housing has been destroyed, damaged or should be relocated to a new housing unit;

(b) Families affected by the total destruction of basic movable property that permit the inhabitability of the property;

(c) Industrial, commercial, agricultural and service activities affected in a total or partial manner;

(d) Other non-economic sectors or activities that have been affected in a total or partial manner.

Article 3 A bicameral follow-up commission consisting of nine (9) national legislators in the province of Santa Fe, proportional to political representation, with representatives of both Houses of the Nation, to oversee the allocations provided for by the fund of law 25,735. ARTICLE 4 The national executive branch shall apply, through appropriate agencies, the measures provided for by law 24.959, law 22.913 and the decrees of the executive branch corresponding to the laws referred to. ARTICLE 5o The purchase of machinery and equipment, including rolled out by those responsible for the profit tax, which are permanently affected and settled in the disaster zone, may be amortized in two exercises. ARTICLE 6 The costs included in the land recovery and desalination work carried out by taxpayers of the profit tax, which are permanently affected and based in the disaster area, will be considered as expenses for the purposes of this tax. Nor will they be considered as improvements in the tax on the presumed minimum gain. The benefits provided for in this article shall be applied in accordance with the relevant regulations. ARTICLE 7 The amounts received in compensation for damages, for the survivors living in the disaster zone, will not be considered income for the purpose of the income tax. ARTICLE 8 Provisions for the extension of the fund provided for by law 25,735 should include a provision for interest rate subsidies for refinancing of affected bank debtors in the disaster zone. Article 9 The amount of assistance to be granted for the repair of damages in each situation of those provided for in the preceding rule shall be established by the Province of Santa Fe, pondering the general interest and the measure of assistance that may be agreed upon in accordance with the exceptionality of the phenomenon, adequately contemplating the incidence of other benefits assigned by general and special rules. The amount to be determined for each situation will be the maximum of the state contribution, so that the province of Santa Fe will establish a mechanism to guarantee the extinction of the claim for each individual who accepts the perception of the amount of the aid with that scope, implying the perception of the benefit the express renunciation of the interested party to any pecuniary claim against the State from the alluded water phenomenon. The value of the amounts granted may not exceed the difference between the value of the damage suffered and the income earned by the beneficiary under other aids, liberalities, compensation, insurance policies or any other binding source linked to the flood phenomenon, and should be deducted from the amount to be awarded any amount received by such concepts. The province of Santa Fe and the municipalities and communes that integrate it and are included in the declaration of a disaster zone, in adhering to the provisions of the present, will establish the feasible economic contribution to carry out, contemplating, as appropriate, the quantified damages in its area of concern. ARTICLE 10. Contact the Executive.



EDUARDO O. CHANGE. . JOSE L. GIOJA. . Eduardo D. Rollano. . Juan Estrada.

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NOTE: The bold texts were observed.