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law no 1606 law of December 22, 1994 Gonzalo Sanchez de lozada
CONSTITUTIONAL PRESIDENT OF THE REPUBLIC
THE HONORABLE NATIONAL CONGRESS, D E C R E T A: Article 1. Amend Law No 843 of May 20, 1986 in the form shown below:
TITLE I IMPOSED ON VALUE ADDED
In Article 3, the following point: (f) Carry out leasing transactions with movable property.
Amend article 4 (b) as follows:
In the case of works contracts or the provision of services and other services, any nature, from the moment the execution or delivery is completed, or from the total or partial perception of the price, the previous one.
In the case of construction works contracts, to the perception of each certificate of advance works. If it were the case of construction works with financing of the acquiring land owners or ideal fraction thereof, to the perception of each payment or the total payment of the price established in the respective contract.
In all these cases, the person responsible shall be required to issue the invoice, tax note or equivalent document.
In accordance with Article 4, the following point:
In the case of leasing, at the time of the maturity of each quota and in the final payment of the price balance when the purchase option is formalized.
Replace the Article 5 (b) (b) (2), as follows:
2) Financial expenses, including all those that originate in deferred payments, including those contained in the shares of the lease transactions financial and final balance payment.
TITLE II
SUPPLEMENTARY TO VALUE ADDED TAX 5. Replace points (a), (b), (c), (e) and (f) of Article 19 °, by the following:
Those coming from rent, sub-hire or other form of exploitation of urban or rural buildings, except in the case of persons covered by the tax on the Utilities of Companies.
Those coming from rent, sub-rental or other form of exploitation of things furniture, rights and concessions, except in the case of subjects reached by the Tax on the Utilities of the Companies.
Those arising from the placement of capital, be these interests, yields and any other income from the investment of those who do not constitute income subject to the Business Utilities Tax. Dividends are not included, whether in cash, species or in shares of public limited companies or in terms of shares or the distribution of profits of persons and single-person companies subject to the tax on the Companies ' profits.
The fees of directors and syndicates of public limited companies and in terms of shares and salaries of members of all other types of companies and of the sole owner of single-person companies.
All other income of a habitual character not subject to the Tax on the Utilities, established by the Title III of this Law.
Repeal the second paragraph of Article 21 °.
Derogase the second and third paragraphs of article 28 °.
Rule 34 °. TITLE III
COMPANIES ' PRESUMED INCOME TAXES
Repeal Title III, Corporate Income Tax, Articles 36 ° to 52 °, inclusive, which is replaced by the following:
TITLE III
ENTERPRISE UTILITIES TAX CHAPTER I
GENERAL PROVISIONS
TAXABLE FACT? Article 36. Create a business utility tax, which will be applied throughout the national territory on profits resulting from the financial statements of the companies at the close of each annual management, adjusted According to the provisions of this Law and its regulations.
Subjects who are not required to keep accounting records, which permit the preparation of financial statements, shall submit an annual affidavit to the each year, in which they shall include all of their annual taxable income and the necessary expenditure for obtaining such income and maintaining the source that generates them. The regulation shall establish the manner and conditions to be met by these subjects to determine the net income subject to tax, in accordance with generally accepted accounting principles.
Article 37. tax on all public and private companies, including: public limited liability companies, joint stock companies, joint ventures and simple comandità, cooperative societies, limited liability companies, companies collective, de facto or irregular companies, single-person companies, subject to (a) the rules governing branches, agencies or permanent establishments of companies incorporated or domiciled abroad and any other type of undertaking. This enumeration is enunciative and not limited.
Article 38. They are subject to this tax, being incorporated into the general tax regime established in this Law:
Companies incorporated or constituted in the national territory that extract, produce, benefit, reform, disseminate and/or market minerals and/or metals.
Companies engaged in exploration, exploitation, refining, industrialization, transportation and commercialization of hydrocarbons.
Companies engaged in the generation, transmission and distribution of electrical energy. As a result of the provisions of the preceding paragraph, the following are repealed:
The Tax on the Utilities established by Law No 1297 in Articles 118 (a) and 119 (a), (b) and (c) of the Mining Code, which is replaced by the Taxes on the Utilities of the Companies established by this Title, remaining in addition to the royalty regime provided by Law.
The Tax on the Utilities established for the companies of Hydrocarbons in the article 74 ° The Law on Hydrocarbons No 1194, which is replaced by the Tax on the Utilities of Enterprises established by this Title. The special tax regime for electric utilities, established in the Electricity Code approved by Supreme Decree No 08438 of 31 July 1968.
Article 39. For the purposes of this tax, an enterprise shall be understood as any economic unit, including those of a single-person nature, which coordinates factors of production in the performance of industrial and commercial activities, the exercise of professions (a) the right to provide services of any kind, rental and leasing of furniture or works and any other benefit which is intended for the pursuit of activities which fulfil the requirements of this Directive; set in this article.
Article 40. For purposes of this tax consider profits, income, profits or profits that arise from the financial statements, whether or not they have a periodic character. For the same purposes, it is also considered utilities that determine by affidavit, the subjects who are not required to carry accounting records that allow the elaboration of financial statements, in the form and conditions that it establishes the regulations.
The results that result from a process of reorganization of companies, in the form and conditions that the regulation establishes, are not considered to be understood in the object of this tax.
CONCEPT OF ENAJENATION, Article 41. For the purposes of this Law, the sale, permuse, change, expropriation and, in general, any act of provision whereby the domain is transmitted for consideration of goods, shares and rights.
For the purposes of this tax, the transfer of the domain of the real estate, when I will measure the contract of sale, provided that the possession is granted, and the minute must be protocolized within a maximum period of thirty (30) days.
SOURCE
SOURCE PRINCIPLE Article 42. In general and without prejudice to the provisions of the following Articles, it is Bolivian source utilities that come from goods located, placed or used economically in the Republic; of the realization in the national territory of any act or activity likely to produce profits; or of events occurring within the limit of that act, without taking into account the nationality, domicile or residence of the holder or the parties involved in the operations, or the place for the conclusion of the contracts.
EXPORTS AND IMPORTS Article 43. determination of the profits derived from the export and import of goods and services will be
governed by the following principles:
The profits from the export of goods and services are entirely Bolivian sources;
The profits that exporters obtain from abroad for the simple introduction of their products and services in the Republic,
OTHER BOLIVIAN SOURCE INCOME Article 44. Also considered as a Bolivian source are income from:
Remuneration or salaries collected by members of directories, councils or bodies managers for activities carried out abroad for companies domiciled in Bolivia; and
Fees or remuneration for technical, financial, commercial or any other type of advice provided from or abroad, when such advice is related to obtaining Bolivian source utilities.
BRANCHES AND ESTABLISHMENTS OF FOREIGN COMPANIES
OPERATIONS BETWEEN RELATED COMPANIES Article 45. Branches and other establishments of companies, persons or entities from outside, must carry out their records accounting in a separate form from their parent and other branches or foreign establishments, in order to allow the financial statements of their management to determine the tax result of the Bolivian source.
The legal acts concluded between a local foreign capital company and the natural person or (a) legal status abroad, which directly or indirectly controls it, shall, for all intents and purposes, be considered as being concluded between independent parties, where the agreed conditions are in accordance with normal market practice between independent entities.
When the requirements set out in the paragraph are not met In order to consider the respective transactions as being held between independent parties, the amounts exceeding the normal market values between independent entities shall not be permitted as deductible for the purposes of this tax.
For the purposes of this Article, a local foreign capital company shall be understood to mean that more than 50% (fifty percent) of the capital and/or decision-making power corresponds directly or indirectly to natural or legal persons.
IMPUTATION OF UTILITIES AND EXPENSES TO MANAGEMENT PROSECUTOR
Article 46. The tax shall be annual and shall be determined at the end of each management, on the dates at which the regulation is available.
In the case of subjects not required to carry accounting records to enable them to (a) to draw up financial statements, annual management shall cover the period from 1 January to 31 December of each year.
The revenue and expenditure shall be considered as the year in which the management in which the revenue has been incurred ends. Without prejudice to the general criterion of the accrual provided for in the preceding paragraph, in the case of
term sales, the profits of those transactions shall be charged at the time of the respective enforceability. Income and expenses for the exercise of liberal professions and trades and other services of
any nature may be imputed, at the taxpayer's option, for the perceived. For the purposes of this Law, it is understood by payment or perception, when the income or expenses are collected or paid in
cash or in kind and, in addition, in the cases where they are available have been credited to the account holder or when with the express or tacit authorization of the same has been disposed of them in some way.
CHAPTER II DETERMINATION OF THE NET UTILITY
Article 47. The net taxable income will be the result of deducting from the gross utility (revenue less selling expenses) the necessary expenses for obtaining and conserving the source. In such a way that, for the purposes of determining the net income subject to tax, as a general principle, all those expenses which satisfy the condition of being necessary for the obtaining of the taxed utility and the preserving the source that generates it,
including mandatory input to regulatory bodies? supervisors, forecasts for social benefits and national and municipal taxes that the regulation provides as relevant.
In the case of the exercise of liberal professions or trades, it will be presumed, without admitting proof in contrary, that the net income taxed will be equal to fifty percent (50%) of the total amount of revenue received.
For the determination of the net taxable income, the resulting income of the states will be taken as a basis financial management of each annual management, drawn up in accordance with the principles of accounting generally accepted, with the following adjustments, in case of a corresponding:
In the case where the operations referred to in the fourth paragraph of the previous article have been carried out, the resulting adjustment shall be carried out. the change in the criterion of the accrual used in the financial statements and the change of enforceability applied to the purposes of this tax. Depreciations, bad credits, directors 'and syndicates' fees, mobility expenses, viatics and the like, and expenses and contributions in favor of the staff, whose deductibility criteria will be determined in regulation.
For the purposes of determining the net income
the person concerned shall be liable for payment of the amount of the net income for the purposes of the net income. taxable, they will not be deductible:
The personal withdrawals of the owner or partners or the expenses personal support of the taxpayer and his family. Expenses for personal services in which it is not shown to have retained the tribute of the Supplementary Regime to the Value Added Tax corresponding to the dependents.
The income tax established by this Law.
The amortization of keys, brands and other intangible assets of a similar nature, except in cases where a price was paid for its acquisition. The regulation will establish the form and conditions of redemption.
Donations and other free disposals, except those made to non-profit entities recognized as exempt for the purposes of this Law, up to the limit of ten percent. (10%) of the utility subject to the corresponding tax of the management in which the donation or free disposal is made effective.
The forecasts or reserves of any nature, with the exception of the annual charges as a counterpart in the constitution of the forecast for compensation.
The depreciations that may
LOSS COMPENSATION Article 48.
a loss of Bolivian source is suffered in one year, this may be deducted from the taxed earnings that are obtained in the following immediate years.
The losses to be deducted in subsequent years will be updated by the change in the official listing of the U.S. Dollar in relation to the Bolivian Dollar, produced between the date of the closing of the annual management in which the loss occurred and the the closing date of the annual management in which the loss is compensated.
EXEMPTIONS Article 49. They are exempt from the tax:
The activities of the National State, Departmental Prefectures, Municipalities, Public Universities, Regional Development Corporations, and entities or institutions
belonging to the same, except those activities within the Trade Code; the profits obtained by the legally authorized associations, foundations or non-profit institutions, such as: religious, charity, charity, social, educational, cultural, scientific, ecological, artistic, literary, sports, political, professional, trade union or union. This allowance shall be made provided that, by the express provision of its statutes, all the revenue and assets of the said institutions are intended exclusively for the purposes listed, which shall in no case be distributed directly or indirectly among its members and that, in the event of liquidation, its assets are distributed between entities of the same object or are donated to public institutions. As a condition for the enjoyment of this exemption, the beneficiary entities will have to apply for recognition as exempt entities to the Tax Administration. Interests in favor of international credit institutions and foreign official institutions, whose conventions have been ratified by the National Congress.
CHAPTER III ALICUOTA
Article 50. The taxable net income of the companies required to pay the tax created by this Title is subject to the 25% rate (25%).
CHAPTER IV FOREIGN BENEFICIARIES
Article 51.When Bolivian source income is paid to foreign beneficiaries, it will be presumed, without admitting proof to the contrary, that the net income taxed will be equivalent to the 50% (fifty percent) of the total amount paid or remesed.
Those who pay or reimburse those concepts to foreign beneficiaries, must retain the rate of 25% (25%) of the utility as a single and definitive payment.
TITLE IV PRESUMED INCOME TAX
PROPERTY OWNERS
Derive Title IV, Income Tax from Property Owners, Articles 53 ° to 70 °, inclusive, which is replaced by the following:
TITLE IV PROPERTY TAX RE
AND AUTOMOTIVE VEHICLES CHAPTER I
IMPOSED ON PROPERTY OF IMMOVABLE PROPERTY OBJECT-TAXABLE PERSON
Article 52. Create an annual property tax located in the territory national that will be governed by the provisions of this Chapter.
They are taxable persons of the imposed on legal or natural persons and on the basis of the following, including the ownership of any type of property, including rural land obtained by implementing land reform, allocation, consolidation, award and purchase; and for any other form of acquisition. Co-owners of common or prodivisos collective real estate will be responsible for the tax paid by the party in proportion to them.
EXEMPTIONS Article 53. They are exempt from this tax:
Central Government property, Departmental Prefecture, Municipal Governments, Regional Development Corporations and Public Institutions as well as areas
classified as uncultivated by the relevant public bodies, the areas classified as ecological reserve, those aimed at the preservation of river basins and land of state property. This franchise does not reach the real estate of public companies.
The buildings affected by non-commercial or industrial activities owned by legally authorized non-profit associations, foundations or institutions, such as: religious, charitable, charitable, social, educational, cultural, scientific, ecological, artistic, literary, sports, political, professional, trade union or guild.
This franchise will proceed whenever, by disposition of its statutes, the whole of the revenue and the assets of the institutions are intended exclusively for the purposes listed, which in no case are distributed directly or indirectly among their partners and which, in the event of liquidation, their assets are distributed between entities of the same object or done to public institutions. Also exempt are rural buildings not affected by commercial or industrial activities owned by indigenous communities, former haciendas, new communities of recent creation, ayllus, capitanies, tentas, indigenous peoples, groups ethnic, jungle tribes and other forms of collective property and/or prodivivisa that are part of the communities and the small peasant property established under the Law of Agrarian Reform. As a condition for the enjoyment of this exemption, the beneficiary entities must apply for recognition as exempt entities to the Tax Administration.
The buildings belonging to the diplomatic and consular missions
The real estate for housing owned by the supporters of the Chaco Campaign or their widows and which serves them as permanent housing, until the year of their death and up to the first tranche. contemplated on the scale established by Article 58º.
TAXABLE BASE-ALIQUOTS Article 54. The tax base of this tax will be constituted by the tax guarantee established in each municipal jurisdiction in application of the urban and rural tax and technical regulations issued by the Executive Branch.
Article 55. As long as the tax guarantees referred to in the previous article are not practiced, the tax base will be given by the self-valued owner according to the regulations that will be issued by the owners. Executive branch laying the technical bases on which the Municipal Governments will collect this
These endorsements will be subject to oversight by the Municipal Governments and the Directorate General of Internal Revenue or the body that will replace it in the future. The self-value practiced by the owners will be considered as Justiprice for the effects of expropriation, if the case.
Article 56. The tax payable will be determined by applying on the basis of the tax the aliquots previewed in the scale contained in item 57th.
Article 57. The tax aliquots are the ones that are expressed in the following scale: VALUATION AMOUNT WILL PAY
From more than up to Bs. More% s/surplus of Bs. 0 Bs. 200,000 0 0.35 Bs. 0 Bs. 200,001 Bs. 400,000 700 0.50 Bs. 200,000 Bs. 400,001 Bs. 600,000 1,700 1.00 Bs. 400,000 Bs. 600.001 onwards 3,700 1.50 Bs. 600,000
CHAPTER II
IMPOSED ON THE OWNERSHIP OF MOTOR VEHICLES-OBJECT-TAXABLE PERSON
Article 58. Create an annual tax on motor vehicles of any kind or category: automobiles, vans, jeeps, vans, motorcycles, etc., that will be governed by the provisions of this Chapter.
Tax liabilities are taxable persons or natural persons and the individual successions, owners of any motor vehicle.
EXEMPTIONS Article 59. They are exempt from this tax:
Motor vehicles owned by the Central Government, Departmental Prefectures, Municipal Governments, Regional Development Corporations and Public Institutions. This franchise does not reach the motor vehicles of public companies. Motor vehicles belonging to foreign diplomatic and consular missions and their accredited members in the country, on the occasion of the direct performance of their duties and on condition of reciprocity. Also, the vehicles of foreign officials of international organizations, foreign governments and foreign official institutions are exempt, on the occasion of the direct performance of their duties.
TAXABLE- Article 60. The tax base will be given by the values of the vehicles ex-customs vehicles that for the models corresponding to the last year of application of the tribute and previous year establish the Executive Branch.
On the values to be determined in accordance with the preceding paragraph, it will allow an annual depreciation of 20% on balances until a minimum residual value of 16.8% of the origin value is reached, which will remain fixed until the good is discharged from circulation.
Article 61. The tax is determine by applying the aliquots indicated below on the values determined according to the previous article.
VALUATION AMOUNT WILL PAY From more than to Bs. More% s/over
Bs. 0 Bs. 24,606 0 1.5 Bs. 0 Bs. 24,607 Bs. 73,817 492 2.0 Bs. 24,607 Bs. 73,818 Bs. 147,634 1,722 3.0 Bs. 73,818 Bs. 147,635 Bs. 259,268 4,306 4.0 Bs. 147,635 Bs. 259.269 onwards 10.949 5.0 Bs. 259.269
In the case of public transport of passengers and urban and long-distance loading, provided that they are services which have the appropriate authority of competent authority, the tax shall be determined by applying 50% of the aliquots indicated in this Article.
CHAPTER III COMMON PROVISIONS TO THIS TITLE
Article 62. The tax of this Title is the exclusive domain of the Municipal Governments. The Directorate General of Internal Revenue will supervise the correct application of this tax, being able to intervene to ensure the effectiveness of the collection process, including by making the charges for the Municipal Government without cost to the same.
Article 63. For the purposes of applying the levy, the Executive Branch shall update annually the amounts established in the various tranches of the scales referred to in Articles 57 and 61 of this Title, on the basis of the variation of the levy. Official of the U.S. Dollar with respect to the Bolivian Dollar, produced between the date of publication of this Law in the Official Gazette of Bolivia and thirty (30) days before the date of the general expiration that is established in each year.
TITLE VI TRANSACTIONS TAX
Replace item 75º with the following:
Article 75. A general aliquot of three percent (3%) is established.
Replace Article 77 by the following: Article 77. The tax will be determined by applying the general rate set out in Article 75 ° to the base of calculation
determined by Article 74 ° of this Law. The resulting tax will be liquidated and empozara-on the basis of affidavit made on form
official-for monthly periods, constituting each calendar month a fiscal period. For the purposes of the tax settlement, income in kind shall be computed by the market value
existing at the end of the tax period to which the income corresponds. The Tax on the Utilities of the Companies settled and paid for annual periods shall be considered as
payment on account of the charge of this Title, from the first month after the one in which the presentation of the affidavit and payment of the Business Utility Tax.
The computation for the payment to account that is authorized by this article is the amount of the Tax on the Utilities of the companies determined in each annual management, to from the first time the validity of the same begins.
The given annual tax will be deducted as payment for each monthly transaction tax period, up to its total exhaustion, at which point the transaction tax must be paid without any deduction.
In the event that a new maturity occurs The presentation of the affidavit of the Tax on the Utilities of the Companies will have an uncompensated balance corresponding to the previous annual management, the same will be consolidated in favor of the tax.
The balances of the Tax on Business Utilities which, for any other cause, will not be compensated by the Tax In no case will they be entitled to refund or refund, remaining consolidated in favor of the tax.
The Executive Branch is empowered to establish the form, the deadlines and places for the settlement and payment of the tax of This Title.
As it is a tax on the gross income of the taxable person and also receives as a payment on account the Tax on the Utilities of the same taxable person, this tax will not give rise to its refunds in favour of exporters, except for inputs acquired during the 1995 management and until the closure of the first management for the purposes of the payment of the Tax on the Utilities of the Companies, according to the invoices corresponding to the direct cost, excluding the invoices for purchase of fuels.
TITLE VII EXCISE DUTY
Modify the Annex to Article 79 ' as follows: ANNEX ARTICLE 79
1. Products taxed with percentage rates on their price. PRODUCT a l i c u o t a%
_____________________________________________________________ -Rubian Cigarettes 50-Black Cigarettes 50
-Cigarettes and Tabacos for pipes 50-Automotive vehicles 18
-Consumption domestic or residential and commercial on
general electrical power greater than 200 KW/hora/month 20
_______________________________________________________________ The power consumption tax is excluded from the consumption of industrial consumption. In addition, it exempts from this
the consumption of electrical energy that is not generated by hydraulic or gas source and the acquired external source.
In the case of automotive passenger vehicles and high capacity loading volume and tonnage, according to the limits defined by the regulation, the tax will be determined by applying a rate of 10% (ten percent).
II. Products taxed at specific rates per unit of measure. Unit Product
de Measure Bolivianos
(Bs) -Bottled Refreshing Beverages (excluding natural waters and natural juices)
Litro 0.15
-Chicha of Liter 0.30-Alcohols 0,60 Potables Beers, Singanis, Wines, Spirits And Liquor.
Litro 1.20
These rates will be updated annually in relation to the change in the Bolivian exchange rate against the U.S. Dollar.
The Specific Actuals on the Chicha de Maiz is of Municipal Tax Domain. The Directorate General of Internal Revenue will supervise the correct application of this tax, being able to intervene to ensure the effectiveness of the collection process, including by making the charges for the Municipal Government without cost to the itself. 14. It is established that Article 83 ° is applicable only to products taxed with percentage rates on their
net sales price. 15. Replace Article 84th by the following. Article 84. The calculation basis shall consist of: I. For products taxed by percentage rates on their net selling price: (a) The net price of the sale of local production goods, entered on the invoice, tax note or document
equivalent, which will separately detail the amount of this tax. (b) In the case of imported goods, the tax base shall be given by the value CIF Customs, established by
the settlement or, where applicable, the relief accepted by the respective Customs, plus the amount of customs duties and duties and any other export required for customs clearance.
The Value Added Tax and this tax are not part of the calculation basis. II. For products taxed at specific rates.
a) For domestic sales, the volumes sold expressed in the units of measure established for each product in the Annex to Article 79 °.
(b) For definitive imports, the imported volumes expressed in the units of measurement established for each product in the Annex to Article 79 °, according to the official customs documentation.
16 Article 85º by the following: Article 85. The goods detailed in the Annex referred to in Article 79 (a) of this Law are subject to
specific rates and rates shown in that AnnexThe tax will be determined by applying the specific aliquots and rates mentioned to the calculation basis indicated in
article 84th of this law.
Exports are not reached by this tax. The tax paid for final goods purchased exclusively for subsequent export will be returned to the exporter in accordance with the regulations.
Article 2. It is established that the tax on the Transactions that taxes the eventual transfers of real estate and motor vehicles, is of the Municipal Tax Domain, passing to be called Municipal Tax to the Transfers of Infurniture and Vehicles Motor vehicles, which will be applied under the same rules set out in Title VI of Law 843 and its regulations. The Municipal Tax Domain does not belong to the Tax on Transactions that taxes the sale of real estate and motor vehicles made within its turn by commercial houses, importers and manufacturers.
These taxes will be paid to the Municipal government in whose jurisdiction the property is registered. The Internal Revenue Directorate will audit the correct application of this tax, and can intervene
to ensure the effectiveness of the collection process, including by making the charges for the Municipal Government without charge. for the same.
Article 3. Create a Special Tax on Hydrocarbons and its Derivatives, according to the following:
OBJECT Article? It is the subject of this tax, the placing on the domestic market of hydrocarbons or their derivatives,
whether they are produced internally or imported. PASSIVE SUBJECTS
Item? Are the natural and legal persons who trade in the internal market or their derivatives, natural and legal persons, liable for this tax, whether they are produced internally or imported.
BIRTH OF THE TAXABLE EVENT Article? The taxable fact shall be refined:
a) In the first stage of the marketing of the taxed product, or the refinery outlet in the case of refined hydrocarbons.
b) In the import, at the time the products are imported are extracted from customs or transport pipelines, through emergency dispatches or import policies.
DETERMINATION OF TAX Article ... The tax will be determined by applying each product derived from hydrocarbons a maximum rate of
Bs. 1.50 per litre or equivalent unit of measure corresponding to the nature of the product, according to what the regulations set out.
Article? The tax rate will be updated annually based on the variation of the U.S. Dollar's contribution to the Bolivian.
SETTLEMENT AND PAYMENT METHOD Article? The Special Tax on Hydrocarbons and its derivatives will be settled and paid in the form and deadlines that will be determined by the regulations.
The Executive Branch will regulate the form and administrative modalities of the collection of this tax. The proceeds from the collection of this tax will be allocated in full to the General Treasury of the Nation for
to finance the public health services and initial, primary and secondary education. Article 4. As of the publication of this Law in the Official Gazette of Bolivia, the Executive Branch
will proceed by Supreme Decree to order the text of Law No. 843 of May 20, 1986, incorporating to the original text the amendments later, including those of this Law, being able to introduce modifications in a way that is necessary, without altering the substantive provisions.
Facultate to the Executive Branch to regulate the application of all taxes to the sector agricultural, forestry, chestnut and gomer.
Article 5. The first paragraph of Article 120 ° of Law No. 1297 and any other provision contrary to this Law is repealed.
Article 6. Replace the following articles of Law No. 1340 of May 28, 1992 (Tax Code) for the following:
Article 169. In the term of twenty (20) unextendable days, the taxpayer will have to make his discharge by presenting the evidence leading to the effect.
Expiration of the term, a resolution will be issued in which the obligation will be determined and the payment.
If the procedure is proven to be a crime or a violation, the penalty must be issued in the same Resolution as the obligation. Failure to do so will mean that there is no merit for this, with the consequent release of liability for the taxpayer. In the event that the Administration does not dictate the Resolution within thirty (30) days, computable from the expiration of the term of proof, no interest or fines shall apply for arrears on the particular tribute from the day on which it was due The Resolution shall be issued until the day of notification with that Resolution.
Article 174. The acts of the Administration for which taxes are determined or sanctions may be applied may be challenged by those who have a legal interest within the term of fifteen (15) days of the day and time of their notification to the interested, up to the same time of the deadline day, by one of the following paths to the data subject option:
1. Resource of Revocation to the authority that issued the Resolution. When it has been rejected, it will be brought before the top hierarchical instance of the same administration.
2. Action before the judicial authority, which will be substantiated in accordance with the provisions of the Contentious Procedure? Tax set out in Title VI of this Code.
The choice of one way is a matter of renunciation of the other. Article 7. The modifications, substitutions and derogations provided for by this Law will be valid from the moment that in each case follows:
1. Those of Title I of Article 1 °, Tax on Value Added, shall apply from the first day of the month following the publication of the regulation in the Official Gazette of Bolivia.
2. Those of Title II of Article 1 °, Regime Supplementary to the Value Added Tax, from 1 January 1995.
3. Those of Title III of Article 1 °, Tax on the Utilities of Companies, from 1 January 1995. 4. Those of Title IV of Article 1, Tax on Property of Property and Motor Vehicles, from 1
1995 onwards
For the payment of the Income Tax of Property Owners corresponding to the 1994 administration, the scales set out in Articles 63 and 68 of Law No 843 of 20 May 1986 are replenished.5. The provisions of Title VI of Article 1, Tax on Transactions, as from 1 January 1995. 6. Those of Title VII of Article 1 °, Tax on Specific Actuals, shall apply from the first day of the month
following the publication of the regulation in the Official Gazette of Bolivia. 7. The provisions of Article 2, from 1 January 1995.
8. Those of Article 3 °, from the first day of the month following the publication of the regulation in the Official Gazette of Bolivia.
9. Those of Article 5 °, from 1 January 1995. 10. Those of Article 6 °, from 1 January 1995, applying as follows:
a) The amendments to Article 169 of the Tax Code, to all cases whose Order of Taxation or equivalent act of initiation The taxable person shall be notified as from 1 January 1995.
b) The amendments to Article 174 ° of the Tax Code, to all cases whose Resource of Revocation is brought before the Tax Administration from 1 January 1995.
Pass to the Executive Branch for constitutional purposes.
Is given in the Sessions Room of the National Congress, at the twenty-two days of December of a thousand nine hundred and ninety-four years.
H. Juan Carlos Durán Saucedo, President H. Senado Nacional, H. Javier Campero Paz, President H. Chamber of Deputies, H. Walter Zuleta Roncal, Senator Secretary, H. Freddy Tejerina Ribera, Senator Secretary, H. Yerko Kukoc del Carpio, Diputado Secretary, H. Michael Meier F., Deputy Secretary.
Therefore, I enact it so that it has and will comply with the law of the Republic. Palace of Government of the city of La Paz, at the twenty-two days of the month of December of a thousand nine hundred and
-four
. FDO. GONZALO SÁNCHEZ DE LOZADA, Constitutional President of the Republic, Dr. Carlos SánchezBerzain, Minister of the Presidency of the Republic, Gaby Candia de Mercado, Minister for Finance
