Modifies The Law On Donations For Cultural Purposes, Contained In The Arta 8A Of The Law Nº 18.985 Ass

Original Language Title: MODIFICA LA LEY SOBRE DONACIONES CON FINES CULTURALES, CONTENIDA EN EL ARTÍCULO 8º DE LA LEY Nº 18.985

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"Single article.-replace article 8 of the law N ° 18.985, by the following: ' article 8 °.-adopted the following text of the law of donations for cultural purposes: title I definitions article 1-definitions." " For the purposes of this Act shall mean: 1. beneficiaries: universities and State and private professional institutes recognised by the State, libraries open to the public in general or to institutions that administer them, to corporations and foundations or organizations non-profit, functional community organizations constituted according to the law No. 19.418 which sets rules on boards of neighbors and other organizations, community, and public interest organizations regulated by law No. 20,500, whose object is the research, development and dissemination of culture and art. State and municipal museums may be beneficiaries, as well as private museums which are open to the public in general and which are always of property and are being managed by entities or legal entities that do not pursue profit.
The National Monuments Council and the Directorate of libraries, archives and museums are also beneficiaries.
In addition, property owners who have been declared a national monument, in their different categories, according to the Act No. 17,288, of national monuments, be they public or private, and the property owners of historic preservation, recognized in the General town planning and constructions Act and in the respective Ordinance will be beneficiaries.
In the same way, the owners of properties that are located in areas, sectors or published sites on the World Heritage list prepared by the Committee of the heritage world of the of the United Nations for education, science and culture will be beneficiaries.
They can also be target corporations and foundations without profit, functional community organizations established according to law No. 19.418, public interest organizations regulated by the law No. 20,500, the municipalities and the other State bodies which manage national assets for public use, in those cases where the project is intended to restore and conserve areas typical and historical conservation areas.
In the preceding subparagraphs shall without prejudice to the provisions of article 4 of Act No. 19.896, which sets rules on budgetary management and staff, when appropriate.
2 donors: taxpayers who according to provisions of the income tax Act, to declare their effective incomes according to full accounting, and pay tax according to the first category tax rules, as well as those who are subject to taxes global complementary and unique second category, making donations to the beneficiaries according to the provisions of this law.
Also will be considered donor taxpayers of the additional tax of the income tax Act required to annually declare their incomes and the shareholders referred to in number 2 of article 58 of the Act, and the tax to allocations by cause of death of the law No. 16.271, on inheritance, allocations and donations tax.
They will not give right to tax to the donor benefit, when these are undertakings of the State, or those where the State, its agencies or companies and municipalities, have a stake or interest exceeding 50% of the capital.
3 Committee donations private qualifier: the Committee which shall consist of the President Minister of the National Council for culture and the arts or his representative, a representative of the Minister of finance, by a representative of the Senate appointed by the two-thirds of the senators in the exercise, by a representative of the Chamber of Deputies appointed by two-thirds of the members in office by a representative of the Confederation of production and commerce, by two representatives of the cultural, artistic, urban planning and architecture and heritage organizations, and by a natural person who has been awarded with the national prize of plastic arts, musical arts, arts of the representation or literature.
In the case of the representative of the Senate and of the Chamber of Deputies, the appointment shall be four years, not being necessary that such representatives are in the current exercise of the charge.
The qualifier Committee of private donations, hereinafter the "Committee", will be chaired by the President Minister of the National Council for culture and the arts or his representative, who shall have a casting vote in the event of a tie.
The Committee may delegate its functions to regional committees.
4. project: the plan or programme of specific cultural or artistic activities or beneficiaries are proposed to perform within a given time. The project can refer to all of the activities that the beneficiaries be developed in that period, in which case will be called project in General, or only to one or more of them, taking the name of a Particular project.
5 regulation: the regulation issued by the Ministry of education, on the proposal of the National Council for culture and the arts, and signed also by the Minister of finance, to contain the rules for the implementation of the provisions of this law.
6. absolute global limit for donations: for each case points out article 10 of law No. 19.885, which encourages and rule the good use of donations that give rise to tax benefits and extend them to other social and public purposes.

Title II of the tax benefits for donations of this law that certain taxpayers of the law on tax on the rent article 2.-of credit having taxpayers specified in subsection first, no. 2), of article 1 of this law. Referred to taxpayers who make donations in the form provided by this law, shall be entitled to a credit equal to 50% of the amount of such donations, which will fall against the taxes corresponding to the year or period that the donation is actually made.
Such credit will the limits pointed to by this law and that in each case be determined by application of the absolute global limit for donations, and may only be used if the donation is included in the taxable income of the respective tax income for the year or period in which was materially donation.
Donations made taxpayers referred to in this title, in the part giving the right to credit, will reset as provided for interim payments required of the Act on tax income, from the date incurred in the cash disbursement.

Article 3.-rules applicable to the first category tax taxpayers who declare their effective income according to full accounting. These taxpayers apply the following limits on the amounts that can be donated for the purposes of this Act and the credit that can be applied: 1. limit the amount of donations. The amount of donations to taxpayers covered by this article may be carried out for the purposes of this Act, shall not exceed, at its option, of the absolute global limit within the meaning of the number 6 of the article 1, or one eat six per thousand of the equity capital of the company at the end of the exercise corresponding, determined in accordance with the provisions of article 41 of the law on income tax. If you opt for this latter limit, taxpayers may pay donations even if they have tax losses in the exercise.
2. limit the amount of the applicable credit. The credit referred to in article 2, for the taxpayers referred to in this article, shall not exceed, in each fiscal year, 2% of liquid affect taxable income to the first category tax, and may not exceed 20,000 monthly tax units in the respective business year, according to the value of this at the end of the year.
Designated credit in article 2, that imputing against the first category tax, shall apply prior to any other credit. If after that proves too much, it will not be returned or may be attributed to any other tax. Effective disbursements taxpayers engaged and give right to the designated credit, will reset as provided for mandatory interim payments of the Act on tax income from the date incurred in the cash disbursement, and shall not constitute an expense necessary to produce income, but shall not apply the provisions of article 21 of this law.
Part of the donation which can not be imputed as credit, can be lowered as expenses up to the amount of the liquid taxable income for the year in which is made the donation, determined in accordance with articles 29 to 33 of the law on income tax. Excess may be deducted as expenditure in the same way, also up to the amount of the liquid, taxable income, redesigned according to the provisions of article 31, number 3, of the designated law, even in the two years following the day in which the donation was made. The balance not lowered in this way, will not be accepted as an expense, but will not be fond of the provisions of article 21 of the same legal text.
Article 4.-rules concerning the complementary global tax taxpayers. For these taxpayers, the credit referred to in article 2 will fall below any other credit. If after that proves too much, it will not be returned or may be attributed to any other tax.
For the purposes of this Act, applies to donations made by these taxpayers, the absolute global limit referred to in paragraph 6) of article 1.

Article 5.-rules for taxpayers of the flat tax of second category. Second category single tax payers may be donations to under this Act, either directly or through return discounts agreed with their employer.
In both cases, the employer will make the attribution of credit referred to in article 2 against the retention of the tax corresponding to the month in which it takes place the donation, then any other credit. Credit to impute at each payment of remuneration may not exceed the equivalent of 13 monthly tax units according to their value at the date of payment.
When donations have been made directly by the taxpayers of this tax, they must inform and credited to your employer the fact of having made the donation, within the same period of payment of the compensation, in the form that the internal revenue service through resolution.
When the taxpayer not have welcomed timely provisions in the preceding paragraph, or when annual total credit exceeds the credits charged during the year, you can carry out an annual reassessment of the tax withheld during the year, applying the scale of fees that will result in annual values, according to the tax unit of the month of December, and credits and other elements of the tax calculation in which you fall the credit balance that has not deducted during the year.
When at the time of the reassessment and annual allocation is determined that withholding practiced during the exercise were excessive, the taxpayer may request your refund up to the amount of such excess, properly readjusted in the way established in the third subparagraph of article 97 of the law on income tax. In no event will refund credit by donations from the exercise in that part thereof which exceeds the withholdings, nor entitled to his allegation against any tax.
For the purposes of the above-mentioned recalculation, the amount of donations, certain only of second-rate tax amount, as well as carried out retentions and pensions affected to this tribute, reset in accordance with article 54, no. 3, subsection penultimate, of the income tax Act, and the sums retained only second-rate tax will have the quality of those interim payments to that referred to in article 95 of the designated law.
The flat tax of second-class taxpayers that obtain in addition other incomes than those referred to in article 54 of the law on tax income, may apply the absolute global limit for donations considering the set of global gross income referred to in that provision. In this case, the annual total credit against the complementary global tax to be determined, will be lowered, duly adjusted, one who has been charged in the formerly designated form, against the flat tax of second category in the respective period.

Article 6.-rules relating to the taxpayers of the additional tax. The additional tax taxpayers who need to annually declare such tribute and the shareholders referred to in paragraph 2, of article 58, of the law on income tax, shall be entitled to a credit against the tax that would tax their incomes affected the aforementioned tribute, equivalent to 35% of the number formed by the amount of the donation redesigned in the same manner provided for in the final paragraph, and credits that the taxpayer is entitled in the same income, to the extent that such credits shall be regarded as forming part of the tax base of this tribute. This credit will only proceed with respect to donations in money, carried out in the respective commercial exercise.
The credit of this article will not be part of the tax base of the additional tax and will replace other tax credits for the taxpayer by its affects income tax additional concept, which for the purposes of the calculation of credit should increase credits replaced, up to an amount equivalent to the amount corresponding determined according to the previous paragraph. Credits replaced by credit provided for in this article will not give right to return or to tax any imputation.
Credit determined provisionally in the designated form, with the retention rate that corresponds, may impute against withholding tax, for which the donor shall deliver the copy of the corresponding certificate according to the instructions that the internal revenue service issued for this purpose, to the respective withholding agent. (Not carried out such imputation, taxpayers referred to in article 14, letter A), no. 3, letter c), of the law on income tax, shall be entitled to request a refund of the tax withheld in excess pursuant to article 126 of the tax code, which for these purposes will be reset according to the percentage of change in the price index between the previous retention and the previous month consumer resolution mandating its return.
For the taxpayers to be carried out an annual statement of tax for income covered by this article, the amount of the credit calculated in accordance with subsection first shall be deducted from the particular tax declaration, re-designed according to the percentage of change in the price index to the consumer between the month prior to donation and the month prior to the closing date of the exercise. These taxpayers, when they have not charged the provisional credit in accordance with the preceding paragraph, only may do so in the aforementioned annual declaration.
The total credit that these taxpayers may be attributed in the exercise may not exceed 2% of the annual taxable income, and may not exceed 20,000 monthly tax units.
At the time of the respective retention, not credit exceeding 2% of the basis on which this should be practiced, or equivalent to 1.667 tax monthly units, if this last sum is less than that percentage may be attributed.
When not credit is charged at the time of retention or the annual total credit exceeds defendants during the exercise, the imputation of the difference can only be made through the submission of the annual statement referred to in article 65 of the law on income tax, even though you are not required to submit it. Declaration, where applicable, may request the return of the retained amounts in excess during the respective fiscal year, properly readjusted in the way established in the third subparagraph of article 97 of the law on income tax. Any credit will refund by donations from the exercise in that part thereof which exceeds the withholdings, which can only be attributed to differences in additional tax determined on the occasion of the annual statement.
The amount of donations, the amount of the additional tax determined, as well as made withholdings and pensions affected to this tribute, reset in accordance with article 54, no. 3, subsection penultimate, of the income tax Act, and the sums retained by additional tax will have the quality of interim payments to that referred to in article 95 of the aforementioned law.

Title III of the tax benefits associated with the tax allocations by cause of death article 7.-rules relating to credit against tax allocations by cause of death. Donors individuals making donations in cash or in kind in accordance with this law, shall be entitled to 50% of the amount donated can be imputed as a credit to the payment of the tax to allocations by cause of death of the law No. 16.271, envelope tax on inheritance, allocations and donations, that serious to the heirs or devisees of the donor at the time of his death regardless of the time that has elapsed between the donation and the death.
For the above purposes, the donor shall request a certificate attesting to the internal revenue service: to) the existence of the tax credit; (b) the amount, expressed in units of development according to its value at the date of issuance of the certificate; ((c) the identification of the donor, and (d)) the finding that can be attributed to the payment of the tax to hereditary allocations bearing after the death of the donor. This certificate allows to the imputation of the credit by the heirs or devisees. The credit referred to in this subsection not part of allocations that are taxed in accordance with the law and will be distributed among heirs or devisees in proportion to the value of their respective allocations with respect to the mass of goods, once practiced deductions that apply, or in the way that they established in the settlement of the tax to the allocations by cause of death.
Also you will be entitled to the credit referred to in the preceding subparagraphs, donations in cash or in species of the hereditary mass of goods, carried out by the hereditary successions and which are intended for the purposes set out in this law, provided that they occur within the three years since the death of the deceased. Therefore the representative of succession shall request a certificate attesting to the internal revenue service: to) the existence of the tax credit; (b) the amount, expressed in units of development according to its value at the date of issuance of the certificate; ((c) the identification of the deceased and his successors, and (d)) the finding that, without time limit, may be attributed to payment of the tax to hereditary allocations to the heirs and legatees, forming part of the succession corresponding pay.
Chargeable credit against tax allocations by cause of death, may not exceed 40% of the tax that would have corresponded to pay to each recipient prior to the gift is made.
To obtain a certificate that proves the existence of the credit, donors must submit to the internal revenue service certificate which in turn delivers the beneficiary giving account of the donation made, in accordance to the number 2) of the following article.
The credit referred to in this article will fall below any other credit, and if after that proves too much, this will not be refunded nor will fall within any tax.
Grants made pursuant to this article may not be eligible to tax benefits laid down in the preceding articles.

Title IV requirements and conditions that must be met both beneficiaries of the same article 8.-requirements that must be met by donations and grants. Only give right to the benefits provided for in the preceding articles donations that meet the following requirements: 1. have been made to any of the beneficiaries described in the first article no. 1), so this target it donated to a particular project, duly approved in accordance with the provisions of the following article.
2 that the beneficiary has realized after receiving the donation using a certificate that will be extended to the donor, according to specifications and formalities which point to the internal revenue service.
3. that the performance carried out by the grantee or third parties relating to or hired by, on behalf of the donor, have a value that does not exceed 10% of the amount donated, without application of the CAP maximum of 15 monthly tax units in the year, established in the second paragraph of article 11 of law No. 19.885.

Article 9.-requirements to be met by the beneficiaries. They will be eligible to receive donations with the effects prescribed in articles 2 to 7, 13, 14 and 18 of this Act, beneficiaries who meet the following conditions: 1. submit a draft to the Committee of private cultural donations earmarked for research, creation and dissemination of culture, arts and heritage, such as construction or infrastructure enablement including the heritage exhibitions of painting, photography, sculpture, works of theatre, music, dance, editions of audiovisual productions, books, lectures, seminars, conferences, training workshops and in general any related activity whose cultural or heritage character is approved by the Committee.
The projects for which beneficiaries are municipalities or other State bodies which manage national assets for public use are typical areas or historical conservation, or owners of properties declared national monument, in any of the categories referred to in Act No. 17,288, or owners of properties located in areas, sectors or sites published on the World Heritage list prepared by the Committee of the world heritage of the Organization of the United Nations for education, science and culture, or properties located in areas of historic preservation, referred to in article 60 of the General town planning and constructions Act, be they public or private, may only be destined to the conservation, maintenance, repair, restoration or reconstruction of such monuments.
The Committee should disclose and promote existing approved projects whose implementation is carried out in communities with limited resources among donors. In addition, the Committee prioritize the analysis and approval of projects covering cultural activities in these communities.
2. to be approved by the Committee, according to the norms established the regulations.
In the case of conservation projects, maintenance, repair, restoration and reconstruction of national monuments, in any of its categories, must have a report of the Council of national monuments, elevated to the Committee for approval.
Beneficiaries shall, in the execution of their projects, comply fully the labour legislation, particularly that contained in book I, title II, articles 145 to and following of the labour code. Also must observe the laws we 17.336 and 20.243 as relevant, and exhibit as determined by the Committee, the current state of compliance with the obligations and duties arising from the norms indicated.
3. the project may also refer to the acquisition of goods permanently earmarked for the implementation of the activities of the beneficiary, to specific expenses on the occasion of certain activities or for the operation of the recipient institution.
Movable personal property acquired, created or produced with donations received for a project may not be alienated, but after two years from its acquisition. Real estate may only be alienated after five years. The product of the alienation of each other may only be used to other projects of the beneficiary. In the case of real estate, the money obtained by its disposal should be devoted to the acquisition of one or more other roots that must be permanently destined to the fulfilment of the activities of the beneficiary. These buildings will be also subject to the rules of this number.
Public scripture showing the paid acquisition total or partially with proceeds from donations under this law, it shall be expressed such circumstance.
4. the projects shall contain a detailed explanation of activities and purchases and expenses that will require. The regulations shall determine the information that each project whose approval is requested to the Committee should contain.
5. the projects shall be open to the public in general. Notwithstanding this, the Committee may determine, attention to the nature of the project and the amount of funding received to this law, the cultural retribution to the community, according to the criteria for each case available in the regulation.
6. the projects may be considered a maximum duration of execution of three years from the date the beneficiary indicated by the Committee. That date must fall and be informed by the beneficiary within the twelve months following the adoption of the draft by the Committee.

Article 10.-of the cultural retribution. Cultural retribution to the community that is the number 5) of the preceding article may consist of: a. in the case of performances or exhibitions: perform functions or free exhibits and the layout of the lowering of the price of tickets at a certain percentage. In any case, it shall ensure that free cultural retribution to the community is equivalent to 30% of the goods, services or benefits generated by the project. In the case of projects concerning performances which are funded entirely with donations benefiting from this law, retribution will consist of having 30% of the tickets with a discount of at least 30% of the value to the general public, and must distinguish between creation and shows season of premieres, in which a minimum of functions in billboard and the projects of presentation and circulation of shows must be guaranteed in which a minimum of functions shall not be required.
b. in the case of the publication of books: allocate a percentage of the specimens to be donated to public libraries, educational establishments that receive contributions from the State or other entities without profit, with agreement of the receiving entities of cultural compensation. Also, in cases where these projects relate to books in digital format or support, compensation will be determined according to the amount or percentage of downloads or free licenses that the beneficiary should be granted, in accordance to what point the regulation.
c. in the case of audiovisual projects: provide free authorization to the National Council for culture and the arts for the public display of the work in the national territory. The display may not, under any circumstances, affect the trading of the audiovisual project period. Therefore, without prejudice to the ranges and criteria which, according to the regulations, consider the Committee to apply retribution, such authorization not be exercised before the five years counted from the first act of commercialization of the work.
d. in the case of real estate, declared national monument, buildings or heritage buildings: put a distinctive plate and allow the free entry of the public on certain occasions and for a defined period. The regulation shall establish the criteria for the number of days, range of percentages and other parameters that are necessary to determine to regulate the mode in which the beneficiary respond culturally to the community, in accordance with the provisions of this law.

Article 11.-Duties of information to the tax authority and sanctions. The Committee should be sent to the internal revenue service, before 31 January each year, in the form determined by this, a list of the beneficiaries and of the projects approved in the previous calendar year.
Beneficiaries must annually prepare a State of the sources and detailed use of resources received in each project, which should be summarized in a general State. The regulations shall determine the information which must be included in those States and the way of accounting for the beneficiary for these effects.
Also must annually prepare a report on the State of revenues from donations and the detailed use of resources, according to the contents that sets the internal revenue service, which must be forwarded to that service in the form and time to this point by means of resolution.
If the beneficiary does not comply as ordered in the foregoing paragraph, shall be punished in the manner prescribed in paragraph 2), article 97, of the tax code. Administrators or representatives of the beneficiary are jointly and severally responsible for fines established by application of this subsection.

Article 12-Duties of information to the Committee and sanctions. Beneficiaries must report each year to the Committee, before December 31, the status of approved projects and the result of its execution. Notwithstanding this, the Committee shall request of beneficiaries the information deemed necessary to verify compliance with cultural remuneration to be determined by the Committee and other conditions laid down in the corresponding project.
In addition, beneficiaries shall submit to the Committee an affidavit informs contracts which have agreed on the occasion of the execution of the project, identifying the Contracting Parties and the total price agreed in each of the contracts, when appropriate. In the same way, they must annually prepare a report on the State of revenues from donations and the detailed use of resources, and submit such information to the Committee. The information indicated above must be turned to the Committee within one month of the closure of the corresponding year.
For its part, the Committee shall maintain updated information of the approved projects, the amount of donations, of progress, of the results of the projects and compliance with cultural remuneration to be determined by the Committee.
The National Council for culture and the Arts may declare by resolution founded and report of the Committee, failure to comply with the terms and conditions of the project, if the information or records required in accordance with the provisions of the first subparagraph are not presented to your satisfaction in deadlines indicating in each case the respective request , when the information is that resources have been assigned to purposes other than those listed in the project, or when the beneficiary grant certificates by donations that do not comply with the conditions laid down in this law. Before this resolution shall be reported to the donor and to other interested parties, by registered letter. Against this resolution will proceed the resources established by law Nº 19.880, on administrative procedures. Once this resolution is firm, this will be forwarded by the National Council for culture and the arts to the internal revenue service, so appropriate to the turn of the tax referred to in the following subparagraph.
The beneficiary affected by the aforementioned resolution must pay a tax equivalent to the credit used by the donor in good faith to the Treasury. The representative of the beneficiary, according to this reported to the Committee at the time of requesting approval of the project, will be jointly and severally responsible for the payment of the tribute and resets, interest and fines to be determined, unless it proves to have been opposed to the acts which give reason to sanction or that had no knowledge of them. For the purposes of its rotation, determination, reset and application of sanctions, this tribute will be regarded as a subject to withholding tax and may not be deducted as expenditure by the taxpayer in determining his taxable income of liquid affect the first category tax of the income tax act. Against the giro issued by the internal revenue service, the taxpayer may deduct claim subject to the general procedure laid down in title II of Book III of the tax code, only when don't settle to the resolution of the National Council for culture and the Arts has served as a precedent.
Likewise, beneficiaries who are not have complied with any of the obligations described above or cultural benefits requiring regulation, not may submit new projects within the framework of this law, for a period of three years from the notification of the decision which punish breach.
The Committee may request from the internal revenue service, in shape and run to this point, those resolutions has been issued during the financial year and which may have as a consequence the loss of tax benefits established in the present law.
Annually the cultural Grants Committee should evacuate a full report containing the information indicated in this article, consolidated, that allows to know the amounts donated, both donors and recipients, safeguarding tax secrecy where this will not impede because public knowledge of the proper use of this franchise. This report should be made public electronically and send a copy of it to the committees of finance and education of the Senate and of the Chamber of Deputies.

Title V provisions general article 13.-release of the formality of innuendo and exemption from the tax on inheritances, allowances and grants. Donations made in accordance with this law, including those that exceed the global limit absolute and special boundaries which sets this law for donations, shall be released from the formality of innuendo and exempt of taxes established by law Nº 16.271, on inheritance tax, allowances and grants.

Article 14.-In-kind donations. The taxpayers of world-class, global inheritance and complementary, may be in-kind donations.
For these purposes, in case that the donor is a contributor to the first category tax of the law on income tax, which determine your effective income on the basis of full accounting that is also a contributor on the complementary global tax declaring equal type of income, the value of the species shall consist of its cost for purposes of the Act , and its transfer must register and documented in the way the internal revenue service established by resolution.
Other taxpayers referred to in the first subparagraph, shall determine the value of the species that donate according to valuation of goods regulations contained in Act No. 16.271, inheritance, allocations and donations tax. However, when the Act valuation methods are not established for specific goods, the beneficiary must have a report by independent experts, whose cost will be responsible and will not be part of the donation.
Donated species do not form part of the cost of the property of the donees which determine their effective incomes according to complete accounting, during the execution of the project. In addition, in the case of the donation of species required to form part of the fixed assets of the donees, the period of execution of the project, these not may deduct any concept of depreciation.
The in-kind donations that are made on the basis of this law, not shall apply to those provisions of the law on tax on sales and services and its regulations, requiring the determination of a proportional tax credit should be exempt operations or not taxed.

Article 15.-Incompatibility with other benefits. Donations made in accordance with this law may not be eligible to the provisions of article 69 of law No. 18.681, on complementary standards of financial management.

Article 16.-Certificates of donation. Donors referred to in article 1, no. 2) of this law, or their representatives, as appropriate, shall maintain in his possession the certificate delivered to the grantee realizing the donation made.
Case of taxpayers of the flat tax's second category, they will be the qualified employer or payer who shall retain the certificates concerned. In a case that is practiced an annual reassessment of the benefit, own taxpayer shall keep the certificates.
In the case of the additional tax payers of the respective incomes shall retain copy of the above certificates, whenever you impute the credit of this law against withholding tax that. When an annual tax declaration be submitted or is practiced the respective reassessment of the benefit for the taxpayer, it shall keep the certificates.
In the above cases, certificates may be required of those applicable by the internal revenue service in the exercise of its powers of control.

Article 17.-Financing of projects by the Treasury. The Treasury may contribute to the financing of the projects referred to in this law, provided that, according to the requirements of it, have a free ticket if that contribution to the financing of the project by the total of the missing, and a discounted price, if that is not it, or distribution of a percentage of free tickets determined by the regulation for basic education establishments and average whether these State, municipal administration or with shared funding and running on different regions of the Metropolitan Region of Santiago, by institutions having the headquarters of its activities in these regions.
Resources that includes Public Sector budget law for these purposes shall be divided in equal parts, fourteen regional funds, in proportion to the territory and the population of each of these regions, with respect to the sum of the territory and the population of all of them. 50% of the resources of each of these regional funds will be distributed and delivered to the end of the first half of each calendar year, and the amount remaining at the end of the second semester.
The distribution of the resources of each regional fund, among the projects referred to in the first subparagraph, will be in proportion to the amount of the donation made effective to each of those with respect to the total of donations that has been specified in the semester in question. The fiscal contribution that this concept be granted, will be equivalent to 15% of the amount of the respective donation or the percentage that is according to the resources available to the respective fund.
Those resources may only be used within a period of one year, since they are delivered to the recipient, and in cultural activities running in the regions referred to in the first subparagraph.
By Decree of the Ministry of education, approved by the Ministry of finance, will be the way the contribution of resources will be delivered by the funds, as well as aspects related to the commitments and guarantees of the beneficiaries to the Treasury. The identification of the beneficiaries of the contribution will be up to the Committee referred to in number 3) of article 1 of this law.

Article 18.-Acceptance of expenses related to the development of activities complementary to this law grants. For the purposes of the provisions of article 31 of the law on income tax, the deduction will be accepted as costs necessary to produce income, outlays related to the use of personnel, supplies, or equipment of the donor in the development of complementary activities to donations regulated by this law. Also, with respect to the value added tax, will not be them applicable in this case rules of proportionality which establishes sales and Services Tax Act and its regulations.

Article 19.-Information to the Chamber of Deputies. The National Council for culture and the arts shall annually and in writing to the Finance Committee of the Chamber of Deputies about the use of tax benefits contained in this law and the number of projects approved by the Committee.

Article 20.-Information and transparency mechanisms. Prior to June 30 of each year, the Committee shall prepare annually, for statistical purposes and information, a report which will include General and in aggregate terms, the following information relating to the preceding calendar year: a. identification of the projects approved, indicating their purpose, budget, amounts actually received and region who were intended for.
b. the number of taxpayers who made donations during the same period.
c. total amount of resources committed by taxpayers in projects approved by the Committee, and must indicate the regions of the country that concentrate the greater commitment of resources for these projects.
The report referred to in the previous paragraph will be public knowledge, and must be published in electronic form on the web site of the Committee, later than 31 July of each year. "."