Law 549

Original Language Title: Ley 549

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Law No. 549 law of 21 of July of 2014 EVO MORALES AYMA President constitutional of the PLURINATIONAL State of BOLIVIA, by how much, the plurinational Legislative Assembly, has sanctioned the following law: the Assembly Legislative PLURINATIONAL, D E C R E T A: article 1. (OBJECT). This law aims to make changes and additions to law No. 843 of 20 May 1986, (text ordered approved by Supreme Decree No. 27947 of 20 December 2004); as well as, make additions to the law N ° 1990 of 28 July 1999, Customs General Law.
I. amending section 45 of the Act No. 843 of 20 May 1986, (text ordered approved by Supreme Decree No. 27947 of 20 December 2004), with the following text:? TRANSFER pricing in transactions between related parties item 45 °. In the commercial or financial operations carried out between related parties, the transaction value shall be one that been agreed between parties in comparable operations market.
Linked to other national or foreign companies should develop their accounting records separately from each other, so that the financial statements of its management to determine the tax result of Bolivian source.

Are related parties, when a natural or legal person involved in the direction, control, management or owns capital in another company, or a third party directly or indirectly involved in the direction, control and management or owns capital in two or more companies.?
II. joining the articles 45 bis and ter 45 law No. 843 of 20 May 1986 (text ordered approved by Supreme Decree No. 27947 of 20 December 2004), with the following text:? Article 45 ° bis. The tax administration, you can check that the transactions between related parties are valued according to the provisions of the preceding article and made corresponding adjustments or revaluation when the agreed value, regardless of the legal form adopted, does not conform to economic reality or cause a lower taxation in the country.
For the purposes of checking the agreed transaction value, the tax administration will compare the conditions of transactions between natural or legal persons related with comparable transactions between independent parties.
Article 45 ° ter.
I fit or revaluation applies to any of the following methods, depending on the nature and economic reality of the operation: the comparable uncontrolled price method;
The resale price method;
The added cost method;
Method of distribution of utilities;
The net margin of the transaction method;
Method of notorious in transactions in transparent markets.
II. when it is not possible to determine the value of the transaction using one of the above methods, may apply other method appropriate to the nature and economic reality of the operation.
Do III. Description, procedures and forms for the application of the methods outlined in this article, shall be established by means of specific regulation.?
Article 3. (ADDITIONS). Joins a third subparagraph in article 145 of the law N ° 1990 of 28 July 1999, Customs General Law, with the following text:? The customs administration, in case of reasonable doubt regarding the value declared in commercial transactions between related companies, may apply or require the importer, transfer pricing studies, in order to check if the link between the buyer and the seller has influenced or not in the price, for the purposes of the transaction value.?
SOLE ADDITIONAL PROVISION. In cases in which the tax administration verify the transaction value for the parties involved, extension established in paragraph V of article 104 of the law No. 2492 of 2 August 2003, Bolivian tax code, may be authorised up to twelve (12) months.
SOLE FINAL PROVISION. This law shall become effective from the first day subsequent to the closing of the fiscal management in the process of tax on the profits of enterprises, by type of economic activity, provided for by regulations.
Refer to the Executive Body for constitutional purposes.
Two thousand fourteen is given in the room of sessions the Assembly Legislative plurinational, on the tenth day of the month of July of the year.
FDO. Eugenio Rojas Apaza, Marcelo William Elio Chavez, Efrain Condori Lopez, Roxana Camargo Fernandez, Carlos Aparicio Vedia, Angel David Cortés Villegas.
I therefore enacted it is and meets as a law of the plurinational State of Bolivia.
Government Palace of the city of La Paz, at twenty-one days of the month of July in the year two thousand fourteen.
FDO. EVO MORALES AYMA, Juan Ramón Quintana Taborga, Luis Alberto Arce Catacora, Amanda Davila Torres.