Amendments To Decree-Law No. 1,519 Of 1976 On Housing Tax

Original Language Title: MODIFICA EL DECRETO LEY N° 1.519, DE 1976, SOBRE IMPUESTO HABITACIONAL

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Single Article.-The following amendments to Decree-Law No. 1,519 of 1976 shall be introduced:
A.-Replace its article 7 with the following:
" Article 7.-The taxpayers referred to in this Law shall have only the administration of this tax and shall be subject to the technical control of the respective Ministerial Secretary. They shall keep separate accounts of these funds and submit annual accounts and accounts. As public fund managers, all the existing prohibitions and penalties applicable to these managers will apply to them. Even those referred to in the criminal law.
By way of derogation from the provisions of the preceding subparagraph, the administrator must acquire his or her own name and may only dispose of it in the cases provided for in this decree or with the authorization of the Minister of Housing and Town Planning.
The bankruptcy or insolvency of the taxpayer or the termination of his turn shall immediately terminate the administration, and shall be obliged to submit his account to the Office of the Comptroller General of the Republic within the next thirty days. "
B.-Amend its article 8 ° in the following terms:
1.-Replace its heading with the following: "The funds deposited in this special account of the Bank of the State of Chile, which shall gain only the readjustments corresponding to Law No 18,010, may be rotated only for the following purposes: ", and 2.-Agrégase in (c) after the word "transfer", replacing the separate item with a comma, the following: " or second or later if it is a matter of purchasing workers or former workers who have acquired them by application of this law or of Law No 16.959. In the latter cases, the purchase price will be set in the Housing Savings Assessment, in accordance with an assessment to be made by the Housing and Urbanization Service, as appropriate. "
C.-Amend its article 11 in the following terms:
1.-Replace the second subparagraph with the following:
"The selling price must be expressed in Housing Savings, it will be fixed by the appraisal of the respective Housing and Urbanization Service and, of it, the taxpayer will be reimbursed his personal contribution, if there is mixed investment, all of which will be paid to the taxpayer," he said. this, in accordance with the Rules of Procedure. Such a price, or the part of the same price, shall be deposited in the special account of the Bank of the State of Chile. ";
2.-Replace the words "received for sale price" in the fourth indent of the words "shall be deposited by the administrator" in his "Account", "as referred to in the second subparagraph, shall be deposited by the administrator". and 3.-To add to the following final subparagraph: " The provisions of this Article shall also apply with respect to dwellings which are recovered to any title by the undertaking obliged, or by the award thereof, which it carries out in the case of any of the undertakings workers or former workers ".
D.-Replace article 14 with the following:
" Article 14.-When the taxpayer affectates the estate tax, for any of the reasons set out in this Decree-Law, or for having died, if the person concerned is a natural person, or because its legal personality has been dissolved or extinguished; if it is a corporation or corporation, the funds which are deposited with the Bank of the State of Chile will be fully entitled to the Treasury and shall correspond to the Treasury Department they will be charged and collected.
In the cases indicated above, housing, land and other property constructed or acquired from such a tax which has not been transferred shall pass from full duty to the estate of the Housing and Urbanization Service of the where they are located, proceeding according to the two final subparagraphs of the preceding article ".
E.-To add the following Article:
" Article 20.-The houses built or acquired with funds charged to the housing tax and those charged to the same tax shall be unladen as long as they are not transferred in the manner authorized by this legal body. This inwardability extends to both the housing referred to in Articles 6 to 11 and those referred to in the transitional article 2.
Investment or reinvestment funds which are deposited in the "compelled account" referred to in the permanent and transitory provisions of this Decree-Law are also inimable. "
F.-Amend its Article 2 to be used in the form set out below:
1.-Replace in the chapein of its first subparagraph the words "may" by "shall" by "shall";
2.-Replace its letters (a), (b) and (c) with the following:
"(a) The dwellings shall be sold within the time limit laid down in the Regulation;";
"(b) Sales may be in cash or in time, and in the latter case the sales may not exceed twenty years, with the application of Article 11 applying in all other cases;".
"(c) The funds deposited in the" account of the obligation "at the Bank of the State of Chile shall be applied for the purposes referred to in article 8;";
3.-The words "(b) of" are deleted in point (d);
4.-Add a new letter (e) to the following wording:
"(e) The houses and funds of the" compelled account " which come from the application of the provisions of this Article and the respective taxpayers shall be affected by all the limitations, prohibitions and penalties referred to in the provisions of this Article and the and Article 14 of this legal body. ", and 5.-Add the following subparagraphs: ' The funds referred to in point (c) of this provision which, according to the Regulation, are not eligible for application, in accordance with their amounts, for the purposes indicated above, may be allocated by the respective taxpayers, as managers, in the form, quantity and conditions laid down in that regulation, which shall determine the conditions to be met by the beneficiaries and their priorities. This allowance shall be incompatible with any other habitation granted by the State or by grants of the same nature granted by the municipalities, and may not be given to workers who own their own dwelling, including the spouse, except in the case of mortgage-related debts referred to in the following subparagraph. Nor may any worker who has previously applied any other subsidy be granted.
The subsidies outlined above will be granted on special forms which will prepare the Housing and Ubanization Services, which, signed by the taxpayer, the beneficiary worker and the Regional Secretary The latter, in the sign of authorization, will be understood to be perfected for all intents and purposes, constituting the " Certificate of DL Habitation. No 1.519, 1976 ". These certificates shall be rotated against the special account which the taxpayer has open at the Bank of the State of Chile, exclusively for the purchase of a dwelling, whether or not "economical" or construction of an "economic" housing or for the purposes of the payment of mortgage debts of the taxpayer's workers, by the housing units they occupy.
For the purposes set out in the preceding subparagraph, it shall be lawful for the taxpayer to charge the reinvestment funds with the lowest value for sale of mortgage letters, in the case of acquisition supplemented by loans from banking institutions or financial.
The Housing and Urbanization Services may not grant additional loans to the beneficiaries of the grants referred to in the preceding subparagraphs.
The Regulation shall lay down the other formalities, requirements and procedures to be laid down by the Rules of Procedure.Certificates of Housing Subsidition D.L. N ° 1,519, 1976 ".
The subsidies regulated in the preceding subparagraphs shall not be granted by the taxpayers referred to in the permanent Article 6 of this legal body.
The funds referred to in this Article may be used jointly by two or more taxpayers only for the purposes of housing construction or acquisition, in accordance with the terms of the Regulation.
The respective Housing and Urbanization Service may authorize the taxpayer to sell to third parties the dwellings referred to in the first subparagraph, in accordance with the rules of this Article, where it shall demonstrate to the said Service that no There are workers who are interested in the acquisition of them. The Rules of Procedure shall govern the manner in which such circumstances are accredited. "
G.-To add to the following Article 9 of the provisional agenda.
" Article 9.-Invoice the Regional Secretaries of Housing and Urbanism to authorize the transfer of reinvestment funds in favour of taxpayers who have built houses for their workers, charged with the tax or constructed with imputed funds, in order that they may be urbanized and inhabited, in order to obtain the corresponding municipal reception and thus make it possible to transfer to the workers or former occupier workers, in the form laid down in the transitional Article 2.
The power granted under the preceding subparagraph shall apply until 31 December 1983, and may not be granted in respect of dwellings located within the premises or premises of the undertakings. "