law No. 291
LAW OF SEPTEMBER 22, 2012
EVO MORALES AYMA
CONSTITUTIONAL PRESIDENT OF THE PLURINATIONAL STATE OF BOLIVIA
For the Plurinational Legislative Assembly, it has Sanctioned the following Act:
THE PLURINATIONAL LEGISLATIVE ASSEMBLY,
D E C R E T A:
LAW OF MODIFICATIONS TO THE GENERAL BUDGET OF THE STATE
ARTICLE 1. (OBJECT). This Law is intended to approve the second amendment to the
General Budget of the State Management 2012, for public sector entities, and to establish other specific financial provisions.
2. (AMENDED AND CONSOLIDATED BUDGET 2012).
approves the additional budget of resources and expenses for Public Sector entities, for a total aggregate amount of Bs.815.235.683.-(EIGHT HUNDRED AND FIFTEEN MILLION THIRTY-FIVE THOUSAND SIX HUNDRED AND EIGHTY-THREE 00/100 BOLIVIANS) and Consolidated from Bs.675.247.152.-(SIX HUNDRED AND SEVENTY-FIVE MILLION TWO HUNDRED AND FORTY-SEVEN THOUSAND HUNDRED AND FIFTY-TWO 00/100 BOLIVIANS), according to Annex I.
ARTICLE 3. (BUDGETARY MODIFICATIONS).
of the Ministries of Economy and Public Financeand of Development Planning, are authorized to carry out intra-institutional budgetary transfers of current expenditure and public investment, according to Annex II.
ARTICLE 4. (TRANSFER OF RESOURCES FROM THE MINING CORPORATION OF
BOLIVIA TO THE MINISTRY OF MINING AND METALLURGY). For the purpose of contributing to the management of the mining sector, the Mining Corporation of Bolivia? COMIBOL, must transfer annually Bs.2.500,000.-(TWO MILLION FIVE HUNDRED THOUSAND 00/100 BOLIVIANS) from its specific resources, to the Ministry of Mining and Metallurgy, destined to finance operating expenses.
ARTICLE 5. (SETTLEMENT PROCESS FOR THE FORMER-DUF FUNDS SINGLE DIRECTORY).
I. The Ministry of Development Planning is authorized to continue with the liquidation of the Ex-Single Fund Directory? DUF, until its conclusion.
II. The Ministry of Development Planning, will assume the legal status of the Ex-Single Fund Directory? DUF in the administrative, judicial and other pending operations.
III. Is transferred to the Ministry of Development Planning, the assets, assets, assets and liabilities of the Ex?
Single Fund Directory? DUF and the registered budget for the present management of the Ex-Unit in charge of the liquidation process, created by Law No. 218 of December 28, 2011.
IV. The Ministry of Development Planning is authorized to make payments and transfers that were left
pending, hiring of Goods and Services, budgetary modifications and others that are required to conclude with the process of liquidation of the Ex-Single Directory of Funds? DUF.
ARTICLE 6. (TRANSFERS OF BUDGET ALLOCATIONS FROM
GENERAL AUTHORITY OF TAX CHALLENGE-AGIT TO THE NATION ' S GENERAL TREASURY-TGN). The General Authority of Tax Impeachment-AGIT, at the conclusion of each fiscal year, is authorized to transfer the existing balances of the tax collections of national domain to the General Treasury of the Nation-TGN.
ARTICLE 7. (EXCEPTION OPENING FIELD TAX ACCOUNTS
BOLIVIAN FISCAL OIL-YPFB).
I. The Ministry of Economy and Public Finance is authorized, in exceptional form, to enable tax accounts
to collect 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 the Banco Union S.A. does not have branches, agencies or agreements with other financial institutions, for the provision of these services.
II. These Funds will be transferred to the respective accounts "Oilfield tax streams"
YPFB-YPFB Tax Petrolifes, apertured for the effect on the Delegate Administration of the Banco Unión S.A.
ARTICLE 8. (ARMY BUILDING COMPANY-ECE).
I. The Ministry of Economy and Public Finance is authorized through the General Treasury of the Nation? TGN, issue and grant securities and/or any other instruments that the General Treasury of the Nation-TGN is authorized to issue, to support the guarantees that the Army's Construction Company subscribes to? EEC, for advances it receives for the execution of works and other financial guarantees required for the fulfilment of the conditions of employment, up to a percentage equal to 30% (30%) of the value of the work
II. The Ministry of Defense, will communicate and request the Ministry of Economy and Public Finance, the corresponding amounts
for the respective issue of Value Titles and/or any other instrument.
III. The Maximum Executive Authority of the Army Construction Company? ECE, is responsible for the
use of the resources received as advance, and of the restitution of the resources to the General Treasury of the Nation? TGN, in the event of the execution of the Value Titles and/or any other instrument, as well as the fulfillment of the contractual relationship.
IV. The Executive Body shall regulate the application of this Article.
ARTICLE 9. (CREDIT OPERATIONS START LOG EXCEPTION
POSTED IN FAVOR OF THE ARMY BUILDING COMPANY-ECE). Except for the Company of Construction of the Army-ECE of the compliance with the provisions of Articles 33 and 35 of Law No 2042 of 21 December 1999, of budgetary administration, regarding the registration of the Operations of Public Credit, with the purpose that this Company, assumes all the obligations arising from the Contract of Loan China EXIMBANK GCL Nº (2009) 43 TOTAL Nº (294) [Nº1290003032010110041], subscribed on March 16, 2010, approved by Law No 014 of 24 May 2010, after formalisation by means of the document which corresponds to in accordance with current regulations.
ARTICLE 10. (IMPLEMENTATION FOR CABLE CAR CONSTRUCTION IN THE
CITIES OF PEACE AND HIGH). Under Law No. 261 of July 15, 2012, the General Treasury of the Nation-TGN is authorized to transfer resources to the Ministry of Economy and Public Finance for the payment of the emerging debt of the credit to be contracted. with the Central Bank of Bolivia-BCB, for the construction of the Cable Transport System (Teleferico) in the cities of La Paz and El Alto; as well as for the constitution of necessary guarantees of support that requires the contract of loan respective.
ARTICLE 11. (PRIVATE PUBLIC TRANSFERS). Paragraph VII is incorporated in
Article 6 of Law Financial No. 211 of December 23, 2011, with the following text:
? VII. Is the Police Insurance Mutual authorized? MUSEPOL, make public transfers
private for payment of the Economic Complement in favor of the passive personnel of the Bolivian Police.?
ARTICLE 12. (BOLIVIA CENTRAL BANK INTERNAL CREDIT IN FAVOR OF
NATIONAL ELECTRICITY COMPANY? (DE)
I. The Central Bank of Bolivia-BCB is authorized to grant an extraordinary credit of up to Bs.2.088,000,000.-
(TWO THOUSAND EIGHTY-EIGHT MILLION BOLIVIANS), in favor of the National Electricity Company- established in Article 27 of Law No 211 of 23 December 2011, under concessional conditions, with the aim of financing the San José de Cochabamba Hydroelectric Projects in the amount of Bs.1,044,000,000.-(ONE THOUSAND FORTY-FOUR MILLIONS 00/100 BOLIVIANOS); and for the Warnes Thermoelectric by Bs.1.044,000,000.-(UN MIL FORTY-FOUR MILLION BOLIVIANS); in both cases, the National Electricity Company? The company will be able to make capital contributions to its subsidiary companies in order to guarantee its implementation. For this purpose, the Central Bank of Bolivia-BCB is exempted from the application of Articles 22 and 23 of Law No 1670 of 31 October 1995.
II. In the framework of Paragraph I of this Article and in accordance with the provisions of Article 158 (10), paragraph (10), paragraph (10)
and Article 322 of the Constitution of the State, the National Electricity Company is authorized to The Central Bank of Bolivia-BCB will contract the credit referred to above.
III. The Ministry of Hydrocarbons and Energy, through Ministerial Resolution, must justify to the Bank
Central Bolivia-BCB, that the use and destination of the resources of the credit to be acquired by the National Electricity Company? They are of national priority in the framework of the Sectoral Electricity Policy and that future flows will be used for the payment of the credit indicated in this Article.
IV. Corresponds to the Ministry of Hydrocarbons and Energy, the evaluation and monitoring of the resources of the credit to
to be awarded by the Central Bank of Bolivia-BCB, in favor of the National Enterprise of Electricity-the ENTO.
V. The Ministry of Economy and Public Finance is authorized? MEFP, through the General Treasury of the Nation-
TGN, issue and grant Non-Negotiable Treasury Bonds, in favor of the Central Bank of Bolivia? BCB, in order to guarantee the amount of the credit granted by that entity in favor of the National Electricity Company-ENTO, at the written request of the Ministry of Hydrocarbons and Energy, and jointly with the Central Bank of Bolivia-BCB.
VI. Except for the National Electricity Company? The effects and scope of application of the
Articles 33 and 35 of Law No 2042 of December 21, 1999, of Budget Management.
. Complement with Article 7 of Law No 050 of 9 October 2010, extended by the Third Final Disposition of Law No 211 of 23 December 2011, with paragraphs II and III, the provisions of which shall be drawn up in the following terms:
? ARTICLE 7. (COMPLIANCE WITH PAYMENT DEADLINES IN EXTERNAL CREDITS).
I. The executing Entities responsible for the execution of resources from external credits,
must ensure that the terms and deadlines for disbursements of resources are in accordance with the provisions of the Loan Contracts. Any additional additional cost of extension within the disbursement period will be assumed from its specific resources in the budget of each executing entity.
II. Public sector entities that do not have resources Specific may assume the additional cost
extension of extension within the disbursement period, provided for in the preceding paragraph, with resources from source 10-111 or 41-111, from its institutional budget.
III. to the Deputy Secretary of the Treasury and Public Credit, to debit the accounts of the entities
that do not comply with this Article, the corresponding amounts at any additional cost of the extension.?
SECOND. Article 10 of Law No 211 of 23 December 2011 is amended, including the
paragraphs IV and V, according to the following text:
? IV. Interest in favour of creditors of public debt contracted by issuance of securities in
external capital markets, in accordance with this Article, are exempt from the Business Utilities Tax.
V. Payments for the provision of legal and financial advisory services, and other services
specialized, linked to the operation of public debt in the external capital markets, pursuant to this Article, are exempt from the Tax on the Utilities of Enterprises. ?
THIRD. Article 25 of Law No. 1670 of 31 October 1995, of the Central Bank of
Bolivia, whose provision is worded in the following terms:
? ARTICLE 25. The BCB is entitled to debit from the Treasury's Single Account in Currency
National and/or Foreign Currency to cancel the due obligations of the General Treasury of the Nation, prior to the communication of the Vice-Ministry of the Treasury and Credit Public, which within 48 hours of receiving the BCB request, will inform the accounts to be debited.?
FOURTH. Article 9 of Law No 211 of 23 December 2011 is amended, the text of which will be worded as follows:
? ARTICLE 9. (MANAGING THE NATION ' S GENERAL TREASURY RESOURCES-
TGN ON THE OUTER CARTON).
I. The Ministry of Economy and Public Finance (MEFP) is authorized to make investments in the resources of the
General Treasury 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 other Financial Entity that the Ministry of Economy and Public Finance (MEFP) determines, according to the conditions defined between the Deputy Minister of the Treasury and Public Credit with the Central Bank of Bolivia (BCB), or the Financial Entity set for the effect.
II. Resources destined for the investments described in this Article, as well as the yields
that are generated by these investments, are inembargable and will not be able to be subject of precautionary measures, administrative and judicial.
III. The resources described in the previous paragraph, are exempt from payment of taxes or other contribution
state, nor will they be the subject of commissions for foreign or foreign exchange transfers made by the Central Bank of Bolivia (BCB) or any other Financial Entity.?
QUINTA. Article 59 of Law No 2492 of 2 August 2003, Tax Code
Bolivia is amended, being worded as follows:
? ARTICLE 59. (Prescription).
I. The actions of the Tax Administration will prescribe to the four (4) years in the management 2012, five
(5) years in the management 2013, six (6) years in the management 2014, seven (7) years in the management 2015, eight (8) years in the management 2016, nine (9) years in management 2017 and ten (10) years from 2018 management, to:
1. Control, investigate, verify, check and audit taxes.
2. Determine the tax liability.
3. Impose administrative penalties.
The prescription period, for each year set forth in this paragraph, shall be in respect of the tax obligations for which the maturity and tax liability would have occurred in that year.
II. Previous prescription terms will be extended by three (3) additional years when the person
liability or third party responsible does not comply with the obligation to register for the relevant records or to register under a tax regime different to what it corresponds to.
III. The term to run the Penalties for tax violations prescribes at five (5) years.
IV. The ability to execute the given tax liability is imprinted.?
SIXTH. The paragraphs I and II of Article 60 of Law No 2492 of 2 August 2003,
Bolivian Tax Code, are amended, being worded as follows:
? ARTICLE 60. (Computation).
I. Except in Numeral 3, Paragraph I, of the previous Article, the term of the prescription is
computed from the first day of the month following that in which the expiration of the respective payment period occurred.
II. In case 3 of Paragraph I of the foregoing Article, the term shall be computed from day one
of the month following that in which the tax violation was committed.?
SEVENTH. The paragraphs III and IV of Article 154 of Law No 2492 of 2
2003Bolivian Tax Code, are amended as follows:
? ARTICLE 154. (Prescription, Disruption and Suspension).
III. The prescription of the action to sanction tax crimes will be suspended during the phase of
tax determination and prejudiciality.
IV. The administrative action to execute sanctions prescribes at five (5) years.?
EIGHTH. The number 8 of Article 70 of Law No 2492 of 2 August 2003, Code
Bolivian Tax, is amended, being worded as follows:
? ARTICLE 70. (Tax obligations of the taxable person). Constitute taxable obligations of the taxable person:
8. As long as you do not prescribe the tax, considering even the extension of the deadline, keep in an orderly way in the tax domicile the books of accounts, special registers, declarations, reports, vouchers, means of storage, data and computerized information and other supporting documents of their activities; present, display and make available to the Tax Administration the same, in the form and deadlines in which it requires them. They should also allow access to and facilitate the review of all information, documentation, data and databases related to computer equipment and system programs (basic software) and application programs. (application software), including source code, used in the IT systems of recording and accounting of transactions linked to the taxable material.?
NINTH. Create the Foreign Currency Sales Tax (IVME) ,
, which will be applied on a transitional basis for thirty-six (36) months, for the sale of foreign currency. taxable persons the banking and non-bank financial institutions, and the exchange houses. The tax base of the tax is constituted by the amount of the sale of foreign currency. The tax rate is zero point seventy percent (0.70%) that will be applied on the tax base.
They are exempt from the payment of this tax, the sale of foreign currency by the Central Bank of
Bolivia and the sale of the foreign currency by the taxable persons to the Central Bank of Bolivia.
The Tax on the Sale of Foreign Currency Paid is not deductible for the determination of the utility
net taxable income of the Companies.
The tax will be determined, declared and paid by the taxable person for monthly periods in the
form and time limits set by the National Tax Service. The collection of this tax will be a total provision of the General Treasury of the Nation.
This tax will take effect from the day following the publication of the Supreme Decree
I. The exchange houses are subject to the scope of regulation and the provisions of the Supervisory Authority
of the Financial System and the Central Bank of Bolivia, as financial ancillary services companies. The exchange houses shall pay the Foreign Currency Sale Tax set forth in the Additional Provision Ninth, on the taxable basis constituted by fifty percent (50%) of the foreign currency sale amount.
TENTH of Article 162 of Law No. 2492 of 2
of August 2003, Bolivian Tax Code, with the following text:
??2) Non-issuance of invoices, tax notes or equivalent documents and in the omission of enrollment in tax records, verified in tax control operations.?
TENTH SECOND. Except for the National Electricity Company? In your condition of
Strategic National Public Enterprise? EPNE, of the application of Articles 33 and 35 of Law No 2042 of 21 December 1999, of budgetary administration, regarding the Registry of the Start of Public Credit Operations, for the transfer of resources from the Loan Agreement 2654 /BL-BO signed between the Plurinational State of Bolivia and the Inter-American Development Bank? IDB, approved by Law No. 229 of March 28, 2012, aimed at financing the Project? Line of Electric Transmission Cochabamba? La Paz?.
TENTH THIRD. Article 4 of Law No 169 dated September 9, 2011, with the following wording:
? ARTICLE 4. (ALLOCATION OF RESOURCES FOR INVESTMENT PROJECTS). extraordinary authorization is given to the Autonomous Municipal Government and Autonomous Public Universities, to allocate resources from Tax and Direct Tax to Hydrocarbons, for the completion of investment projects, channeled by the Unit of Special Projects and/or those whose execution was committed to resources of donation of the Union of South American Nations? UNASUR.?
OPENING AND ABROGATORY DISPOSITION
ONLY. All provisions of equal or lower hierarchy, contrary to this Law, are abrogated and repealed.
Remit to the Executive Body, for Constitutional purposes.
It is given in the Chamber of the Plurinational Legislative Assembly, to the Twenty days of the month of September of the year two thousand twelve.
Fdo. Lilly Gabriela Montano Viana, Richard Cordel Ramírez, Mary Medina Zabaleta, David Sanchez Heredia, Luis Alfaro Arias, Angel David Cortez Villegas.
Therefore, it was enacted to have and comply with the Law of the Plurinational State of Bolivia.
City of Santa Cruz, at the twenty-two days of the month of September of the year two thousand twelve.
FDO. EVO MORALES AYMA, Juan Ramon Quintana Taborga, Carlos Gustavo Romero Bonifaz, Ruben Aldo Saavedra Soto, Elba Viviana Caro Hinojosa, Luis Alberto Arce Catacora, Juan Jose Hernando Sosa Soruco, Mario Virreira Iporre.