Key Benefits:
law No. 549
LAW OF JULY 21, 2014
EVO MORALES AYMA
CONSTITUTIONAL PRESIDENT OF THE PLURINATIONAL STATE OF BOLIVIA
For the Plurinational Legislative Assembly, it has The following Act:
THE PLURINATIONAL LEGISLATIVE ASSEMBLY,
D E C R E T A:
Article 1. (OBJECT). This Law is intended to make amendments and additions to Law No 843
of 20 May 1986, (Text of Order approved by Supreme Decree No. 27947 of 20 December 2004); Law No. 1990 of July 28, 1999, General Law of Customs.
Article 2. (MODIFICATIONS AND ADDITIONS).
I. Article 45 of Law No 843 of 20 May 1986, (Ordered Text approved by Supreme Decree No.
27947 of 20 December 2004), with the following text:
? TRANSFER PRICING IN OPERATIONS
AMONG RELATED PARTIES
ARTICLE 45 °. IN THE BUSINESS AND/OR FINANCIAL OPERATIONS PERFORMED BETWEEN RELATED PARTIES, THE VALUE OF
TRANSACTION it must be the one that would have been agreed between independent parties in comparable market operations.
Companies linked to other domestic or foreign companies must prepare their accounting records in the form
of the other, in order to allow the financial statements of its management to allow determine the Bolivian source tax result.
Are related parties, when a natural or legal person participates in management, control, administration or owns capital in another company, or when a third party directly or indirectly participates in the management, control, administration, or management of the company. or own capital in two or more companies.?
II. Articles 45a and 45b are incorporated into Law No 843 of 20 May 1986 (Ordered Text approved by
Supreme Decree No. 27947 of 20 December 2004), with the following text:
? Article 45 ° bis. The Tax Administration may verify that the operations performed between
related parties are valued in accordance with the provisions of the preceding Article and shall make adjustments and/or revaluation corresponding, when the agreed value, regardless of the legal form that is adopted, does not conform to the economic reality or causes less taxation in the country.
For the purposes of the verification of the transaction value agreed, the tax administration will compare
conditions of operations performed between natural or legal persons linked to comparable operations performed between independent parties.
Article 45 ° ter.
I. For adjustment or revaluation will apply any of the following methods, according to nature and
economic reality of the operation:
Uncontrolled comparable price method;
Resale price method;
Added Cost Method;
Method of Utility Distribution;
Transaction Net Margin Method;
Notary Price Method in Transparent Markets Transactions.
II. When it is not possible to determine the value of the transaction using any of the above methods,
may apply another method according to the nature and economic reality of the operation.
III. The description, procedures, and forms for the application of the methods outlined in this Article,
will be established by specific regulation.?
Article 3. (ADDITIONS). A third paragraph is incorporated into Article 145 of Law No. 1990 of 28
July 1999, General Law of Customs, with the following text:
?The Customs Administration, in case of doubt reasonable, in respect of the value declared in commercial transactions between related undertakings, may apply and/or require the importer, transfer price studies, in order to verify whether the link between the buyer and the seller has whether or not influenced by the price, for the purposes of the application of the transaction value.?
ADDITIONAL DISPOSITION
ONLY. In cases where the Tax Administration verifies the transaction value of the related parties, the
extension set forth in Paragraph 104 of the Law N ° 2492 of 2 August 2003, Bolivian Tax Code, may be authorized up to twelve (12) months.
FINAL DISPOSITION
ONLY. This Law shall enter into force from the first day after the closing of the Tax management in progress
of the Business Utilities Tax, as the type of economic activity, provided by current regulations.
Remit to the Executive Body for constitutional purposes.
It is given in the Session Room of the Plurinational Legislative Assembly, ten days of the month of July of the year
two thousand fourteen.
Fdo. Eugenio Rojas Aapza, Marcelo William Elio Chavez, Efrain Condori Lopez, Roxana Camargo Fernandez,
Carlos Aparicio Vedia, Angel David Cortes Villegas.
Therefore, it is enacted so that it has and will comply with the Law of the Plurinational State of Bolivia.
Palace of Government of the city of La Paz, at the twenty-one day of the month of July of the year two thousand fourteen.
FDO. EVO MORALES AYMA, Juan Ramon Quintana Taborga, Luis Alberto Arce Catacora, Amanda Davila
Torres.
