Law On Modifications To The General Budget Of The State (Pge - 2012).

Original Language Title: LEY DE MODIFICACIONES AL PRESUPUESTO GENERAL DEL ESTADO (PGE – 2012).

Read the untranslated law here: http://www.gacetaoficialdebolivia.gob.bo/index.php/normas/verGratis_gob2/141073

Law No. 291 law of 22 September 2012 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: modifications to the GENERAL budget of the State (PGE? 2012) article 1. (OBJECT). This law aims to approve the second amendment to the General of the State management 2012 budget, for entities of the public sector, and establish other specific financial provisions.
ARTICLE 2. (ADDED REVISED BUDGET AND CONSOLIDATED 2012). Approves the additional budget of resources and expenditure for the entities of the Public Sector, for a total aggregate of Bs.815.235.683.-(eight hundred fifteen million two hundred thirty and five thousand six hundred eighty and three 00/100 BOLIVIANS) and consolidated Bs.675.247.152-(six hundred seventy and five million two hundred forty and seven MIL cent fifty and two 00/100 BOLIVIAN), according to Annex I. Article 3. (BUDGET CHANGES). It is authorized to the Executive branch through the ministries of Economics and public finance, and development planning, be intra-institutional budgetary transfers of current expenditure and public investment, according to annex II.
ARTICLE 4. (TRANSFER OF RESOURCES FROM THE CORPORACIÓN MINERA DE BOLIVIA MINISTRY OF MINING AND METALLURGY). To effect contribute to the management of the mining sector, the Corporación Minera de Bolivia? COMIBOL, must transfer annually Bs.2.500.000.-(two million five hundred thousand 00 / 100 BOLIVIAN) with charge to its resources specific, to the Ministry of mining and metallurgy, destined to finance costs of operation.
ARTICLE 5. (LIQUIDATION OF THE FORMER - ONLY DIRECTORY OF FUNDS - DUF).

I. is granted to the Ministry of development planning continue with the settlement of the Ex - unique directory of funds? DUF, until its conclusion.
II. the Ministry of development planning, will assume the legal personality of the Ex - unique directory of funds? DUF in administrative, judicial processes and other pending operations.
III. was transferred to the Ministry of planning of the development, the heritage, resources, active and passive of the former?
Unique directory of funds? DUF and the budget for the present management of the Ex - unit responsible for the liquidation process, created by law No. 218 of December 28, 2011.
IV. authorizing the Ministry of development planning, make payments and transfers that were pending, procurement of goods and services, budget changes and others required to conclude the process of settlement of the Ex - unique directory of funds? DUF.
ARTICLE 6. (TRANSFERS OF APPROPRIATIONS AUTHORITY GENERAL CONTESTING TAX - AGIT TO THE TREASURY GENERAL OF THE NATION - TGN). It is authorised to the General authority of tax challenge - AGIT, at the conclusion of each fiscal year, transferring existing balances of tax revenues for national mastery, the General Treasury of the nation - TGN.
ARTICLE 7. (EXCEPT OPENING ACCOUNTS PROSECUTORS OF YACIMIENTOS PETROLÍFEROS FISCALES BOLIVIANOS - YPFB).
I may be the Ministry of economy and finance, in exceptional form, enable fiscal accounts fundraising for Yacimientos Petrolíferos Fiscales Bolivianos - YPFB, in financial institutions regulated by the authority of Supervision of the financial system - ASFI, in order to cover financial services in populations where Banco Union SA does not have branches, agencies or agreements with other institutions for the provision of these services.
II. these funds will be transferred to the respective current accounts tax collectors Yacimientos Petrolíferos Fiscales Bolivianos - YPFB, opening for the effect on the Administration Executive of Banco Union S.A. Article 8. (ARMY - ECE CONSTRUCTION COMPANY).

I. is granted to the Ministry of economy and finance, through the General Treasury of the nation? TGN, issue and award degrees value or any other instrument than the General Treasury of the nation - TGN is empowered to issue, to support guarantees that subscribes the army company of constructions? ECE, for advances received for the execution of works and other financial guarantees required for the fulfilment of the contractual conditions, up to a percentage equal to thirty percent (30%) of the value of the contracted work.
II. the Ministry of defence, will communicate and ask the Ministry of economy and public finances, the corresponding amounts for the respective issuance of securities value or any other instrument.
III. the maximum authority Executive the company of constructions of army? ECE, is responsible for the use of resources received as payment, and the return of resources to the General Treasury of the nation? TGN, if you run the value securities or any other instrument, as well as the fulfilment of the contractual relationship.
IV. the Executive Body shall regulate the application of this article.
ARTICLE 9. (EXCEPTION OF BOOT RECORD OF OPERATIONS OF PUBLIC CREDIT IN FAVOUR OF THE CONSTRUCTION OF THE ARMY - ECE COMPANY). Is excepted to the construction company of the army - ECE's compliance to the provisions of articles 33 and 35 of the law N ° 2042 of 21 December 1999, budgetary management, in relation to the registration of start of operations of public credit, with the aim that this company, assume all the obligations from the contract of loan China EXIMBANK GCL Nº (2009) 43 TOTAL No. (294) [No. 1290003032010110041] signed on 16 March 2010, approved by law No. 014 of May 24, 2010, prior formalization using the document that corresponds according to the current regulations.
ARTICLE 10. (IMPLEMENTATION FOR THE CONSTRUCTION OF THE CABLE CAR IN THE CITIES OF LA PAZ AND EL ALTO). In the framework of the law No. 261 of July 15, 2012, is authorized to the General Treasury of the nation - TGN, carry out the transfer of resources to the Ministry of economy and finance, for the payment of the emerging debt of credit to be contracted with the Banco Central de Bolivia - BCB, for the construction of the transport system cable (cable-car) in the cities of La Paz and El Alto; as well as for the establishment of the necessary guarantees of support required by the respective loan agreement.
ARTICLE 11. (PRIVATE PUBLIC TRANSFERS). Joins the seventh paragraph in section 6 of the Act Financial No. 211 of December 23, 2011, with the following text:? VII. is granted to the Mutual insurance of the police? MUSEPOL, make public transfers for the payment of the economic complement for the personal liability of the Bolivian police.?
ARTICLE 12. (DOMESTIC CREDIT FROM THE CENTRAL BANK OF BOLIVIA IN FAVOR OF THE NATIONAL COMPANY OF ELECTRICITY?) ENDE).
I is authorized the Central Bank of Bolivia - BCB, an extraordinary credit of up to Bs.2.088.000.000.-(two thousand eighty-eight million 00/100 BOLIVIANOS), in favour of the company national electricity - ENDE, in addition to the provisions of article 27 of the law No. 211 of 23 December 2011, on concessional terms, in order to finance hydroelectric projects of San José de Cochabamba amounting Bs.1.044.000.000.-(one thousand forty and four million) 00/100 BOLIVIANOS); and for the Warnes Termoelectrica by Bs.1.044.000.000.-(one thousand forty-four million BOLIVIANS 00/100); in both cases, the national electricity company? Therefore you can make capital contributions to its subsidiaries to ensure its implementation. For this purpose, except to the Central Bank of Bolivia - BCB of implementation of items 22 and 23 of the law No. 1670 of 31 October 1995.
II. within the framework of paragraph I of this article and pursuant to article 10, paragraph I of article 158 and the article 322 of the political Constitution of the State, is authorized to the Empresa Nacional de Electricidad - ENDE, hire the credit referred to above with the Central Bank of Bolivia - BCB.
III. the Ministry of hydrocarbons and energy, by Ministerial resolution, must justify to the Central Bank of Bolivia - BCB, the use and destination of the resources of the credit to be acquired by the national electricity company? As a result, are national priority within the framework of the sectoral policy of electricity and that future flows will be used for the payment of the claim referred to in this article.
IV. the Ministry of hydrocarbons and energy, evaluation and monitoring of the resources of the credit to be granted by the Central Bank of Bolivia - BCB, in favour of Empresa Nacional de Electricidad - ENDE.
V. Be authorized to the Ministry of economy and finance public? GFSM, through the Treasury General of the nation-TGN, issue and grant bond of the treasure not negotiable, in favor of the Bank Central of Bolivia? BCB, to ensure the amount of the credit granted by such entity in favor of the company national of electricity-ENDE, to request written of the Ministry of hydrocarbons and energy, and in form joint with the Bank Central of Bolivia-BCB.
VI. is excepted to the company national of electricity? ENDE, of the effects and scope of it application of them articles 33 and 35 of the law No. 2042 of 21 of December of 1999, of administration budget.
PROVISIONS ADDITIONAL


FIRST. Complement the article 7 of the law No. 050 on October 9, 2010, extended by the available Final third of law No. 211 of 23 of December of 2011, with paragraphs II and III, whose provisions will be drafted in the following terms:? ARTICLE 7. (ENFORCEMENT OF DEADLINES FOR DISBURSEMENT IN FOREIGN LOANS).
I, responsible for the implementation of resources from external credits executing entities should ensure that the terms and deadlines for disbursements of resources match stipulations in the loan contracts. All emerging additional cost of extension in the term of disbursement, will be taken charge to their specific resources in the budget of each executing agency.
II. the entities of the public sector that do not have specific resources may assume the emerging cost of extension in the term of disbursement, provided for in the previous paragraph, with resources from the source 10-111 or 41-111, its institutional budget.
III. is granted the Vice-Ministry of Treasury and public credit, to debit the accounts of institutions that fail to comply with this article, the amounts for all emerging cost of the extension.?
THE SECOND. Amending article 10 of the law No. 211 of December 23, 2011, including paragraphs IV and V, according to the following text:? IV. The interests in favour of creditors of public debt by issue of securities value in external capital markets, in accordance with this article, are exempt from the tax on the profits of companies.
V. Payments for the provision of services of legal and financial advice, and other specialized services related to the operation of public debt in foreign capital markets, in accordance with this article, are exempt from the tax on the profits of companies. ?
THIRD. Amending section 25 of the Act No. 1670 of 31 October 1995, of the Central Bank of Bolivia, whose provision reads as follows:? ARTICLE 25. The BCB is entitled to debit the single treasury account in national currency or foreign currency to cancel the overdue obligations of the Treasury General of the nation, prior notification of the Deputy Minister of the Treasury and public credit, that within 48 hours of receipt of the request from the BCB, will inform the accounts to be debited?.

-FOURTH. Amending article 9 of the law N ° 211 of December 23, 2011, whose text will be drafted in the following way:? ARTICLE 9. (MANAGEMENT OF RESOURCES OF THE TREASURY GENERAL OF THE NATION-TGN IN THE EXTERIOR).
I authorizing the Ministry of economy and public finance (GFSM), investments of resources of the Treasury General of the nation (TGN) abroad, in order to generate income that will benefit the management of the Treasury through the Central Bank of Bolivia (BCB) or another financial institution determined by the Ministry of economy and public finance (GFSM) According to the conditions defined between the Vice-Ministry of Treasury and public credit with the Central Bank of Bolivia (BCB), or the financial institution established for the purpose.
II. the resources allocated to the investments described in this article, as well as the returns generated by these investments, are unattachable and may not be subject to precautionary, administrative and judicial measures.
III. the resources described in the previous paragraph, are exempt from the payment of taxes or other State contribution any, nor will be subject to charges for foreign currency transfers from or carried out abroad by the Central Bank of Bolivia (BCB) or any other financial institution.?
QUINTA. Amending section 59 of the Act No. 2492 of 2 August 2003, Bolivian tax code being drafted in the following way:? ARTICLE 59. (Prescription).
I. the actions of the tax administration shall be extinguished after four (4) years in 2012 management, five (5) years management 2013, six (6) years management 2014, seven (7) years management 2015, eight (8) years 2016 management, nine (9) years management 2017 and ten (10) years from management 2018 , to: 1. control, investigate, verify, check and monitor taxes.
2. determine the tax debt.
3. impose administrative sanctions.

The period of prescription, for each year in the present paragraph, will be about tax obligations whose term of expiration and tax infringements had occurred in that year.
II. the preceding terms of prescription will be expanded in three (3) additional years when the passive or third subject responsible for failed to comply with the obligation to register in the relevant records or be placed on a tax regime different from that deserves.
III. the term to execute sanctions for tax violations prescribed five (5) years.
IV. Faculty of executing certain tax debt, is imprescriptible.?
6TH. The paragraphs I and II of article 60 of the law amending No. 2492 of 2 August 2003, Bolivian tax code being drawn up in the following way:? ARTICLE 60. (Computation).
I except in the Numeral 3, paragraph I, of the preceding article, the term of prescription will be calculated from the first day of the month following the expiration of the respective payment period occurred.
II. in case 3, paragraph I, of the preceding article, the term shall be calculated from the first day of the month following that in which the tax violation was committed.?
SEVENTH. Amending paragraphs III and IV of article 154 of the law No. 2492 of 2 August 2003, Bolivian tax code being drawn up in the following way:? ARTICLE 154. (Prescription, interruption and Suspension).
III. the prescription of the action to sanction tax crimes will be suspended during the phase of definition and preliminary tax.
Do IV. administrative action to execute sanctions prescribe five (5) years.?
THE EIGHTH. Amending paragraph 8 of article 70 of the law No. 2492 of 2 August 2003, Bolivian tax code being drafted in the following way:? ARTICLE 70. (Tax obligations of the passive subject). They are tax obligations of the taxable person: 8. insofar as not prescribed by the tribute, considering even the extension of the period, kept in neatly in the tax address books of accounting, special records, statements, reports, vouchers, media storage, data and computerized information and other documents in support of their activities; present, exhibit and put at the disposal of the tax administration, in the form and time limits in which required them. In addition, must they allow access and facilitate the review of all information, documentation, data and databases related to the equipment of computing and system (basic software) programs and application programs (application software), including source code, that are used in the computer systems of registration and accounting of the operations related to the taxable.?
NOVENA. Created in nationwide tax on sale of foreign currency (IVME), which applies a transitional measure for thirty-six (36) months, the sale of foreign currency, being taxable persons banking and non-banking financial institutions and bureaux de change. The tax base of tax consists of the amount of the sale of foreign currency. The rate of the tax is the zero point seventy percent (0.70%) which applies on taxable income.
They are exempt from the payment of this tax, the sale of foreign currency, making the Central Bank of Bolivia and the sale of foreign currency by taxable persons to the Central Bank of Bolivia.
The paid tax to the sale of foreign currency is not deductible for the determination of the net taxable profit of the tax on the profits of companies.
The tax will be determined, declared and paid by the taxable person for monthly periods in the form and terms established national tax service. The collection of this tax will be total disposition of the General Treasury of the nation.
This tax will take effect from the day following the publication of the regulatory Supreme Decree.
TENTH.
I change houses are subject to the scope of regulation and the provisions of the authority of Supervision of the financial system and of the Central Bank of Bolivia, as auxiliary financial services companies. Bureaux de change will pay the tax to the sale of foreign currency established in the ninth additional provision on the taxable basis constituted by fifty percent (50%) of the amount of foreign currency sale.

II. A subject to secure U.S. dollars liquidity that demands the national economy, the Central Bank of Bolivia must sell that foreign currency to the public in general, through own windows or through regulated financial institutions.
TENTH FIRST. The numeral 2 is changed), of paragraph II of article 162 of the law No. 2492 of 2 August 2003, Bolivian tax code, with the following text:? (2) not issuing invoices, tax notes, or equivalent documents in the omission of tax registration, verified on operative tax control.?
10TH SECOND. Is it excepted to the national electricity company? ENDE, in its condition of

National public company strategic? EPNE, of the application of articles 33 and 35 of the law N ° 2042 of 21 December 1999, budgetary management, in relation to the registration of start of operations of public credit, for the transfer of resources from the subscribed 2654/BL-BO loan agreement between the Inter-American Development Bank and the plurinational State of Bolivia? BID, approved by law No. 229 of March 28, 2012, intended to finance the project? Cochabamba electric transmission line? The peace?.
10TH THIRD. Amending article 4 of the law No. 169 dated September 9, 2011, with the following wording:? ARTICLE 4. (ALLOCATION OF RESOURCES FOR INVESTMENT PROJECTS). Is granted in an extraordinary way to the autonomous municipal governments and autonomous public universities, allocate resources from partnership tax and direct tax to hydrocarbons, for the completion of investment projects, channeled by the special projects unit or those whose execution was committed with resources from the Union of South American Nations grant? UNASUR.?
SOLE ABROGATION AND REPEAL PROVISION. They abrogate and repealing all provisions of equal or lower hierarchy, contrary to the present law.
Refer to the Executive Branch, for constitutional purposes.
Two thousand twelve is given in the plurinational Legislative Assembly Hall, on the twentieth day of the month of September in the year.
FDO. Lilly Gabriela MONTAÑO Viana, Richard Twine Ramirez, Mary Medina Zabaleta, David Sánchez Heredia, Luis Alfaro Arias, Angel David Cortez Villegas.
I therefore enacted it is and meets as a law of the plurinational State of Bolivia.
City of Santa Cruz, to the twenty-second day of September in the year two thousand twelve.
FDO. EVO MORALES AYMA, Juan Ramón Quintana Taborga, Carlos Gustavo Romero Bonifaz, Ruben Aldo Saavedra Soto, Elba Viviana Caro Hinojosa, Luis Alberto Arce Catacora, Juan José Hernando Sosa Soruco, Mario Virreira Iporre.