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Decree No. 3893, August 22 2001

Original Language Title: Decreto nº 3.893, de 22 de Agosto de 2001

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DECREE no 3,893, OF August 22, 2001

Disposes on the granting of tax incentive for regional development, in the terms of art. 11 of Law No. 9,440 of March 14, 1997.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignment that confers it on art. 84, inciso IV, of the Constitution, and with a view to the provisions of the art. 11 of Law No. 9,440 of March 14, 1997,

DECRETA:

Art. 1º To the companies referred to in § 1º of the art. 1º of Law No. 9,440 of March 14, 1997, may be granted, by December 31, 2010, the tax incentive of the presumed credit of the Industrialized Products Tax (IPI), as a ressaration of the contributions of which they treat the Laws Supplementary paragraphs 7, of September 7, 1970, 8, December 3, 1970 and No 70 of December 30, 1991 in the amount corresponding to the application of the aliquot of 7.30% (seven comma thirty percent) on the value of the billing arising from the sale of manufacturing products of its own, provided that the said companies have:

I-been enabled to the tax regime provided for in the art. 1º of Law No. 9,440, 1997, within the time stipulated in art. 12 of the same legal diploma;

II-met with all the conditions stipulated in Law No. 9,440, of 1997, and constants of the Approval Term signed by the Company; and

III-proven regularity of the payment of the tributes and federal contributions.

Single paragraph. The tax incentive will achieve the generating facts that occurred from the subsequent month to that of its grant.

Art. 2º The grant of the tax incentive mentioned in the art's caput . 1º will depend on habilitation before the Office of the Development Development Office of the Ministry of Development, Industry and Foreign Trade, which, after veriing compliance with the relevant requirements, will recognize the right to the enjoyment of the benefit.

Art. 3º The Ministries of Development, Industry and Foreign Trade and Finance will establish, in joint act, standards regarding the conditions necessary for fruition to the tax incentive.

Art. 4º The defulfillment of the established conditions will entail the loss of the tax incentive, by staying the legal person subject to the collection of the tax due on the grounds of the use of the credit presumed at odds with the determined conditions, with an addition of interest to live and fine, of mora or of trade, pursuant to the current legislation.

Art. 5º The Secretary for Development of Production of the Ministry of Development, Industry and Foreign Trade shall inform the Registry of the Federal Revenue Office the disservice, by the beneficiary companies, of the conditions relating to the tax incentive, for the purposes set out in the art. 4º.

Art. 6º The presumed credit will be scripted in the IPI Purring Record book.

Art. 7º This Decree takes effect on the date of its publication.

Brasilia, August 22, 2001; 180º of the Independence and 113º of the Republic

FERNANDO HENRIQUE CARDOSO

Pedro Malan

Benjamin Benzaquen Sicdictator