For Which Tax Rules Are Issued, They Granted Powers To Issue Domestic Public Debt, An Adjustment Of National Public Sector Pensions Are Available And Other Provisions

Original Language Title: Por la cual se expiden normas en materia tributaria, se otorgan facultades para emitir títulos de deuda pública interna, se dispone un ajuste de pensiones del sector público nacional y se dictan otras disposiciones

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6 OF 1992

(June 30)

Official Journal No 40,490 of 30 June 1992

THE CONGRESS OF COLOMBIA,

For which tax rules are issued, powers are granted to issue domestic public debt securities, a national public sector pension adjustment is available, and other provisions are dictated.

DECRETA:

TITLE I.

TAXES AND CONTRIBUTIONS.

CHAPTER I.

INCOME TAX AND SUPPLEMENTARY.

ARTICLE 1o. NON-TAXPAYER ENTITIES. Article 22 of the Tax Statute, will be as follows:

" Article 22. Entities that are not taxpayers. They are not taxpayers of income tax and complementary the Nation, the departments, the districts, the indigenous territories, the municipalities and the other territorial entities, the metropolitan areas, the associations of municipalities, the superintendencies, special administrative units, public establishments, industrial and commercial enterprises of the State of the departmental, district and municipal authorities and other decentralised official establishments, provided that when they are not stated in the law as contributors.

Nor will the collective ownership of black communities be a contributor to be created in accordance with the legal development of the transitional article 55 of the Political Constitution. "

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ARTICLE 2o. FOREIGN CAPITAL INVESTMENT FUNDS. Article 18-1 of the Tax Statute will be as follows:

" Article 18-1. Foreign capital investment funds. Foreign capital investment funds are not income tax payers and are complementary to profits earned in the development of activities that are their own, except that their income corresponds to income. financial, or to dividends that did not pay taxes in the head of the society that originated them. In these cases, the tax will be generated at the rate of thirty percent (30%), which will be retained by the company paying the dividend or yield at the time of payment or credit.

Without prejudice to the foregoing, the transfer to the outside of the capital invested, as well as the income, dividends and profits obtained in the country for its activities, do not cause income tax and supplementary.

The participants of foreign capital investment funds, not residents of the country, are not income tax and supplemental income tax payers.

In all cases, the remuneration that the company or entity receives for administering the Funds to which this article refers constitutes taxable income, which shall be applied by the same company or entity, the withholding tax at the source intended for commissions ".

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ARTICLE 3o. DEDUCTION FOR DONATIONS. Article 125 of the Tax Statute will be as follows:

" ARTICLE 125. Deduction for donations. Income tax payers who are required to provide income and supplementary income within the country have the right to deduct from the income the value of the donations made during the taxable year or period to:

1. The entities referred to in Article 22, and

2. Associations, corporations and foundations, without profit, whose social object and activities correspond to the development of health, education, culture, religion, sport, scientific and technological research or programmes of social development, as long as they are of general interest.

The value to be deducted for this concept, in no case may be greater than thirty percent (30%) of the taxpayer's liquid income, determined before subtracting the value of the donation. This limitation shall not apply in the case of donations made to the mixed funds for the promotion of culture, sport and the arts that are created at the departmental, municipal and district levels, to the Colombian Institute of Welfare Family, ICBF, for the fulfillment of their programs of service to the minor and the family, nor in the case of donations to institutions of higher education, research centers and of high studies to finance programs of research in scientific, technological, social sciences and productivity improvement innovations, prior approval of these programs by the National Council of Science and Technology. "

Add the Tax Statute with the following articles:

" Item 125-1 Requirements of the recipients of the donations. Where the entity benefiting from the grant giving the right to deduction is one of the entities enshrined in the second paragraph of Article 125, it shall meet the following conditions:

1. To have been recognised as a non-profit legal person and to be subject to official surveillance.

2. To have complied with the obligation to file the income and equity or income statement, as the case may be, for the year immediately preceding that of the donation.

3. Manage, in deposits or investments in authorized financial institutions, revenue from donations. "

" Item 125-2. Modalities of the donations. Donations giving right to deduction must be in the following ways:

1. When money is donated, the payment must have been made by means of check, credit card or through a financial intermediary.

2. When goods are donated, the tax cost in force at the date of the donation will be taken as the value. "

" Article 125-3 Requirements to recognize the deduction. For the recognition of the deduction by concept of donations, a certification of the donor entity, signed by the Fiscal Reviewer or Accountant, is required, in which the form and the amount of the donation, as well as the fulfillment of the conditions outlined in the previous articles.

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ARTICLE 4. DEDUCTION FOR INVESTMENTS IN SCIENTIFIC AND TECHNOLOGICAL RESEARCH. Legal persons who perform directly or through universities approved by the ICFES or other bodies designated by the National Department of Planning, investments in research of a scientific or technological nature, they shall be entitled to deduct annually from their income the value of those investments which they have made in the respective taxable year.

The value to be deducted for this concept in no case may exceed 20% of the liquid income determined by the taxpayer, before subtracting the value of the investment.

To be entitled to this article, the investment project must obtain prior approval from the National Science and Technology Council.

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ARTICLE 5o. TECHNICAL SERVICES, TECHNICAL ASSISTANCE, PERSONAL SERVICES AND ROYALTIES. Article 53 of the Tax Statute, will be as follows:

" Article 53. Special treatment for technical services, technical assistance, personal services and royalties. Payments or credits in respect of technical services and technical assistance provided by non-resident or non-resident persons in Colombia, from abroad, shall not be subject to income tax or supplementary remittances.

In the case of payments or credits for technical and technical assistance services, provided in the country by non-residents or not domiciled in Colombia, such payments or credits shall not be subject to the supplementary tax of remittances. The same treatment will have the remuneration that natural speakers or specialists, non-resident foreigners in the country, who dictate courses, seminars or workshops in the country, will receive.

In the case of royalties, they will not be subject to the supplementary tax on remittances, payments or credits that are made in the year or period taxable for that concept, up to a maximum of three percent (3%) of the total amount of the sales or production of the company in which they originate ".

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ARTICLE 6o. MERGER AND DIVISION OF COMPANIES. Addition to the Tax Statute with the following Articles:

" article 14-1 Tax effects of the merger of companies. For tax purposes, in the case of the merger of companies, there shall be no disposal between the merging companies.

The acquiring company or the new one arising from the merger, is liable for the taxes, advances, retentions, penalties and interest and other tax obligations of the merged or absorbed companies. "

" Article 14-2 Tax effects of corporate excision. For tax purposes, in the case of the division of a company, there shall be no disposal between the company being divided and the companies in which it is subdivided.

The new companies resulting from the division will be jointly and severally liable with the company being divided, both for the taxes, advances, retentions, penalties and interest and other tax obligations, of the latter, payable at the time of the a division, such as those arising from their post at a later date, as a result of the processes of recovery, discussion, official determination of the tax or the application of penalties, corresponding to periods prior to the division. The above, without prejudice to the solidarity responsibility of the partners of the old society in the terms of article 794".

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ARTICLE 7o. FACULTY FOR ESTABLISHING NEW HOLDS. Add the Tax Statute with the following article:

" Article 366-1. Ability to establish retention at source for external revenue. Without prejudice to the withholding tax provided for in the provisions in force, the National Government may indicate withholding rates at source not exceeding 30% (30%) of the respective payment or due account, when the income or occasional income from outside the foreign currency, regardless of the class of the beneficiary.

In all else, the existing provisions on the matter will apply.

PARAGRAFO 1o. The retention provided for in this article will not be applicable to export revenue, except in the case that it is found to be fictitious.

PARAGRAFO 2o. Except for the retention of personal and real, national, regional or municipal taxes and taxes, persons and entities governed by public international law having the quality of agents and diplomatic, consular and international agencies and not to pursue any profit. The State shall, by means of its corresponding institutions, return the tax deductions, if any, within a period of not more than 90 days from the submission of the applications for clearance by its authorised representatives.

PARAGRAFO 3o. They will not be subject to the source retention provided for in this article, the foreign currency obtained by sales made in the border areas by the merchants established therein, provided that comply with the conditions stipulated in the Regulation.

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ARTICLE 8o. TAX ON BETTING AWARDS AND HORSE OR DOG CONTESTS AND PRIZES TO HORSE OWNERS OR RACE DOGS. Add the Tax Statute with the following article.

" Article 306-1. Tax on betting awards and horse or dog contests and prizes to horse owners or race dogs. Prizes for the use of horse or canines, for the purposes of horse or dog racing, in the form of legally established racecourses or canodromes, the value of which does not exceed 20 minimum monthly salaries, are not subject to occasional profit tax or withholding tax, as provided for in Articles 317 and 402 of the Tax Statute.

When the prize is awarded by the owner of the horse or creditor to the prize, as a reward for the classification in a race, it will be taxed as income, at the rate of the taxpayer who perceives it, and may be affected by the costs and deductions provided for in the income tax. In this case, the National Government will set the withholding rate at the source to be applied to the value of the payment or credit to the account.

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ARTICLE 9o. A CHARGE FOR COMPETITIONS AND HORSE OR DOG BETTING. In the exercise of the profit-making monopoly created by Article 336 of the Political Constitution, a fee is established for competitions Horse racing or canines and the mutual bets on horse racing or canines, of one per cent (1%) on the total volume of gross receipts to be obtained by the respective game, as the only one per cent the right of the Colombian Health Resources Company for these competitions. -Ecohealth S. A., or to the entity that the Government points out for the effect.

Such revenue will be exclusively used for health services and will be distributed to the departments, district or municipality in the form indicated by the Government.

Taxes, taxes and any kind of tax that is imposed on competitions or horse or dog betting, other than the national occasional profit tax, may only be of a departmental, county or municipal character where the activity is carried out and may not exceed that, two per cent (2%) of the total gross revenue which is obtained by the respective game. In any case, such income will be exclusively for the health services.

The prizes and bets of the horse or dog contests and the mutual bets on the hypico or canine spectacle of horse races or canes, can only be taxed with the national tax of occasional profit and with the taxes provided for in the preceding paragraph.

In the case of horse or dog contests and mutual bets on the hypico or canine spectacle of horse racing or canes, the value to be distributed to the public may not be less than seventy-five per cent (75%) of the total volume collected by the respective game.

PARAGRAFO. The taxes to be imposed by the municipalities on contests or horse or dog bets, in no case will be less than thirty percent (30%) of the maximum tax available for departments, districts and municipalities stipulated by this Act.

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ARTICLE 10. COSTS AND EXPENSES OF INDEPENDENT AND COMMISSION PROFESSIONALS. Add article 87 of the Tax Statute with the following paragraph:

" The foregoing limitations shall not apply where the taxpayer invoiced the whole of its operations and its revenue has been subject to retention at the source, where appropriate. In this case, the costs and deductions that come legally will be accepted.

CHAPTER II.

SPECIAL CONTRIBUTIONS AND FORCED INVESTMENT.

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ARTICLE 11. SPECIAL CONTRIBUTION BY TAX PAYERS TO INCOME TAX. Add the Tax Statute with the following article:

" Article 248-1. Special contribution by tax payers to the income tax. Create a special contribution for the taxable years 1993 to 1997, including, in the case of income tax declarants and supplementary. This contribution shall be equal to 25% (25%) of the net income tax determined for each of those taxable years and shall be settled in the respective income statement and supplementary.

PARAGRAFO 1o. They will be entitled to apply for a discount equivalent to fifty per cent (50%) of the contribution to their charge of the respective taxable year, natural persons, illiquid successions and allocations and (a) a total of 15% (15%) of the taxable income obtained in the preceding year, in shares and bonds of companies whose shares, in that year, have registered a high rate of increase, or the second market, in accordance with the provisions of the General Chamber of the Superintendence of Securities; or in mixed-economy or private companies which have as their sole object the provision of public water, sewerage, toilet, gas and/or power generation services; or in long-term units or bonds in cooperatives; or in voluntary savings in pension funds or other forms of long-term contractual savings for the pension scheme.

The ratio of the rate to which this paragraph refers shall be calculated by the Superintendency of Securities taking into account the average traded amount per stock exchange, the degree of turnover of the shares, the frequency of the quotation and the number of transactions performed on average by stock exchange for the set of shares traded on a stock exchange during the year immediately preceding.

In the event that the investment being made is less than fifteen percent (15%) of the taxable income, the amount of the tax rebate will be reduced proportionally. "

Add article 115 of the Tax Statute with the following paragraph:

" Transitional Paragraph. The special contribution set out in Article 248-1 may be treated as a deduction in the determination of the income tax for the year in which it is actually paid in full.

Add article 807 of the Tax Statute with the following transient paragraph:

" Transitional first paragraph. For the taxable years 1993 to 1997, the advance referred to in this Article shall be seventy-five per cent (75%) and shall be settled on the income tax plus the special contribution of the respective financial year, which deals with Article 248-1".

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ARTICLE 12. SPECIAL CONTRIBUTION FOR THE EXPLOITATION OR EXPORT OF CRUDE OIL, FREE GAS, COAL AND FERRONICEL. As from the first day of the month following the validity of this Law and until December 1997, including, a special monthly contribution on the production or export of crude oil, gas free or non-oil, coal or ferronickel, in that period.

The special contribution of the operators and exporters of the products mentioned in the previous paragraph is subject to the special contribution.

The tax period for the special contribution will be monthly.

PARAGRAFO. The provisions of this article are without prejudice to the obligation to settle and pay the contribution enshrined in the previous article.

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ARTICLE 13. TAXABLE BASE AND RATE OF THE SPECIAL CONTRIBUTION FOR THE EXPLOITATION OR EXPORT OF CRUDE OIL, FREE GAS, COAL AND FERRONIEL. 285 of Law 223 of 1995 >

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ARTICLE 14. PAYMENT OF THE SPECIAL CONTRIBUTION FOR THE EXPLOITATION OR EXPORT OF CRUDE OIL, FREE GAS, COAL AND FERRONIEL. 285 of Law 223 of 1995 >

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ARTICLE 15. SPECIAL CONTRIBUTION FOR NEW EXPLORERS OF CRUDE OIL AND FREE GAS. The new explorers are required to pay monthly a special contribution for the production of crude oil and free or unproduced gas, together with the oil during the first six years of production.

As regards the taxable base, the rate, the periodicity, the form and the deadlines for paying, the updating of the values for each year and the control of the special contribution established in this article, they are applicable, as appropriate items 13, 14, and 18 of this Act.

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ARTICLE 16. POWER TO ISSUE BONDS FOR SOCIAL DEVELOPMENT AND INTERNAL SECURITY (BDSI). Authorize the National Government to issue internal public debt securities up to a sum of two hundred and seventy billion pesos ($270,000,000.00) " Bonds for Social Development and Internal Security (BDSI).

The resources of the issuance of the Bonds in this authorization will be used to finance general and investment expenses of the Nation, whose objective is national security, the programs reinsertion for Peace and other objectives that are framed within the country's economic policy.

For the issuance of the "BDSI" that are authorized by this law, it will only be required:

A. Concept of the Board of Directors of the Bank of the Republic, on the characteristics of the issue and its financial conditions.

B. Decree authorizing the issue and fixing its financial and placement characteristics.

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ARTICLE 17. FORCED INVESTMENT IN BONDS DURING 1992. Legal persons and natural persons who in the year of 1991 had earned income exceeding seven million pesos ($7,000,000) or their gross assets at 31 December of the same year In the second half of 1992, a forced investment in "Bonds for Social Development and Internal Security (BDSI)"

be carried out in the second half of 1992.

For the sole purpose of determining the amount of the forced investment, the forced to make it apply the twenty-five percent (25%) to the income tax that had to be determined in the income statement and complementary that were obligated to be presented during 1992.

The Bonds for Social Development and Internal Security (BDSI), will be redeemed for their value with the payment of taxes, retentions, sanctions and advances during the year 1998.

The subscription of such Bonds will be made in the form and within the deadlines indicated by the National Government.

PARAGRAFO 1o. They will not be required to make the forced investment established in this article, the employees and the independent workers, whose gross income obtained in 1991, comes at least in one eighty percent (80%) of payments originating in a labor or legal and regulatory relationship or in fees, commissions or services, respectively, that are not responsible for the sales tax and that meet the following additional conditions:

1. That the total of its gross receipts in 1991 would have been equal to or less than twenty-one million pesos ($21,000,000) and

2. That its gross assets at 31 December of the same year did not exceed 30 million pesos ($30,000,000).

PARAGRAFO 2o. If the authorization to treat item 16 is not sufficient to cover the forced investment set forth in this article, it may be fulfilled in Treasury Titles, TES, which are referred to in Articles 4 and 6 of Law 51 of 1990, which will be issued and placed under the same conditions as the "Bonds for Social Development and Internal Security (BDSI"

.

PARAGRAFO 3o. The Treasury Titles, TES, will not have the solidarity guarantee of the Bank of the Republic their interests will be handled by the national budget, they will be administered directly by the Nation and their emission will only require the conditions set out in the previous article. "

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ARTICLE 18. NORMAS OF CONTROL. For the special contributions and forced investment, established in this Chapter, the rules governing the processes of determination, discussion, recovery and penalties provided for in the Tax Statute and its control will be in charge of the Special Administrative Unit Directorate of National Taxes.

CHAPTER III.

SALES TAX.

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ARTICLE 19. GENERAL SALES TAX RATE. Article 468 of the Tax Statute, will be as follows:

" Article 468. General rate of sales tax. The general rate of sales tax is 12% (12%), with the exception of the exceptions provided for in this Title. This twelve percent rate (12%) will also apply to services other than those excluded by article 476.

The overall rate of twelve percent (12%), the goods covered by items 466 , and 474will also be applicable.

On a transitional basis, the tariff referred to in this Article shall be 14% (14%) from 1 January 1993 until 31 December 1997.

Article 469 of the Tax Statute, will be as follows:

" Article 469. Goods subject to the differential rate of 35%. The goods included in this article are subject to the differential rate of thirty-five percent (35%), when the sale is made by the person who produces them, imports them or markets them, or when they are the result of the service to which they are refers to the paragraph in article 476.

Item Denomination of the merchandise

Tariff.

22.04. Wine of fresh grapes, whether or not headed; grape must, other than that of heading other than national and of the origin of the Member States of the Aladi.

22.05. Vermuts and other wines of fresh grapes prepared with plants or aromatic substances other than nationals and those from the Member States of the Aladi.

22.06. Other fermented beverages (for example, Sidra, perada or aguamiel).

22.08. Non-denatured ethyl alcohol of an alcoholic strength by volume of less than 80% vol: spirits, liqueurs and other spirituous beverages; alcoholic preparations consisting of the type used for the manufacture of beverages.

87.11. Motorcycles (including with pedals) and cycles with auxiliary motor (with or without sidecar) other than those referred to in Article 472.

88.01. Aerodines operating without a propellant machine.

88.04. 00.00.11. Rotary parachutes.

89.03. Recreational and sport boats.

PARAGRAFO. In the case of private aircrafts the rate will be 45%.

Article 470 of the Tax Statute will be as follows:

" Article 470. Motor vehicles subject to tariffs of 35% and 45%. Motor vehicles of heading Nos 87.02, 87.03 and 87.04 of the Customs Tariff are subject to the rate of 30% and 5% (35%) of the import and sale effected by the importer, the producer or the marketer, or when the result of the service is dealt with by the paragraph of article 476. The motor vehicles referred to in Article 472 are exempted from 20% (20%); ambulance, cellular and mortuary cars and those of the href="pr020.html#471"> 471statuest_statuest_statue."> 471, which are taxed at the general rate of twelve percent (12%).

On a transitional basis, the general tariff referred to in the preceding paragraph shall be 14% (14%) from 1 January 1993 until 31 December 1997.

In the same way, they are subject to such a rate of 30% and 5% (35%), the chastes of heading 87,04; the chaisis with motor of heading 87.06; the bodies (including cabins) of heading 87.07, provided that the and others are intended for motor vehicles subject to the tariff of 30% and 5% (35%).

Automotive goods whose value in the declaration of release for consumption is equal to or greater than $35,000 dollars, including customs duties, will be taxed on the import and sale of the importer, the producer or the marketer at the rate of 45%.

In the case of automotive goods produced in the country and its factory price is equal to or greater than the same amount indicated in the previous subparagraph, excluding sales tax, the tax rate on the sale made by the country producer or marketer shall be 45%.

Article 471 of the Tax Statute will be as follows:

" Article 471. Vehicles for the transport of persons and goods subject to the general tariff of 12%. They are subject to the general tariff of 12% (12%) of the following motor vehicles with motor of any kind, for the transport of persons: taxi drivers and taxis, both for the public service; trolleybuses; buses, -------------------------------------------------- Chastes of gross vehicle weight (G.V. W) of 10,000 pounds American or more are subject to the rate of twelve percent (12%).

On a transitional basis, the general tariff referred to in the preceding paragraph shall be 14% (14%) from 1 January 1993 until 31 December 1997.

The first paragraph and the first paragraph of article 472 of the Tax Statute, will remain so:

The goods covered by this Article are subject to the differential rate of 20% (20%) when they are imported or when the sale is made by those who produce them, imports them or by the marketer, or when they are the result of the service referred to in the paragraph of article 476.

PARAGRAFO. Motorcycles manufactured or assembled in the country with motor up to 185 cc., will be taxed at the general sales tax rate.

Literal c) of article 472 of the Tax Statute will be as follows:

c). Motorcycles manufactured or assembled in the country with motor with more than 185 c.c. and motorcycles with sidecar of tariff position 87.11.

Article 485 of the Tax Statute, will be as follows:

Unaccounting taxes are:

a). The sales tax invoiced to the person responsible for the purchase of movable property and services, up to the limit that results from applying to the value of the operation consisting of the respective invoices or equivalent documents, the tariff of the tax to which the corresponding transactions are subject; the part exceeding this percentage shall constitute a higher value of the respective cost or expenditure.

b). The tax paid on the importation of movable property. Where the tariff of the goods imported is higher than the rate of duty to which the corresponding transactions are subject, the part exceeding this percentage shall be a higher value of the cost or of the respective expenditure.

PARAGRAFO 1o. Developing the transient article 43 of the Political constitution when the overall sales tax rate exceeds twelve percent. one hundred (12%) up to three points of the increase will be allocated exclusively to the Nation, or when the income tax plus the special contributions that are established in charge of the taxpayers declare of this tax, exceed the rates that they govern until the validity of this law, up to 2.5 points of the total tariff exclusively to the Nation.

In no case, the total tax intended exclusively for the Nation may exceed the value equivalent to the revenues generated by three points of the sales tax. This right shall remain in favor of the Nation, even if the additional charges referred to in Article 12 and in this article, by way of special contribution by the taxpayer declare the income tax and increase the general rate of sales tax, be abolished.

PARAGRAFO 2o. According to the provisions of article 359 of the Political Constitution, of the collections generated by the increase of the general tax rate on the sales referred to in this article will be used in each of the years 1993, 1994 and 1995, at least thirty billion pesos ($30,000,000,000) additional, to finance the increase of the retirement pensions of the sector national public referred to in Article 116 of this Law.

PARAGRAFO 3o. Social VAT. With the aim of communicating more progressiveness to the increase in VAT, the Central Government will spend in the years 1993 to 1997, including at least fifteen billion pesos ($15,000,000,000) annually from the largest VAT collection to the following purposes: to increase state contributions in order to improve the scholarship that the State gives to the community mothers of the Family Welfare Institute; to achieve the coverage of the risks for general illness, maternity, accident of work and occupational disease as a contribution to the social security of Community mothers or workers in solidarity with Community households; to promote micro-enterprise; to improve housing and housing loans for members of the boards of associations of Community households, as well as to Community mothers; to increase the coverage of secondary school scholarships; to finance complementary programs of the Agrarian and Community Action Reform and to support associations and leagues of consumers.

PARAGRAFO 4o. For transfers to municipalities and districts, they may allocate items for the payment of pension adjustments to their municipal or district retirees and may also allocate items for the payment of public direct services to the sites where the community family welfare households operate.

PARAGRAFO 5o. This article governs from January 1, 1993.

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ARTICLE 20. SALES TAX DISCOUNT FOR THE ACQUISITION OF FIXED ASSETS. Add the Tax Statute with the following items.

" Article 258-1. Sales tax rebate paid on the acquisition of fixed assets. Legal persons and their assimilated persons shall have the right to deduct from the income tax on their charge, the sales tax paid in the acquisition or nationalization of capital goods, computer equipment, and for the companies transport equipment in addition to transport equipment, in the declaration of rent and supplementary corresponding to the year in which its acquisition or nationalization has been carried out. If such goods are sold before the relevant useful life time, as indicated by the regulation, from the date of acquisition or nationalization, the taxpayer shall add to the net income tax corresponding to the year taxable amount, the part of the value of the sales tax which has been discounted, proportional to the years or fraction of the year that subtract from the respective probable useful life time; in this case, the fraction of the year will be taken as a year whole. In no case shall the motor vehicles or the campers give rise to the discount.

In the case of the acquisition of fixed assets taxed on sales tax by means of the leasing system, it is required that an irrevocable acquisition option has been agreed in the respective contract, in order to the lessee is entitled to the discount under this Article.

PARAGRAFO. The sales tax paid for fixed assets acquired or nationalised by new companies during their unproductive period may be treated as a tax rebate in the income tax return for the first year of the year. productive period. In the event that the entire discount cannot be made in that year, the remaining value may be discounted in the following two years until exhausted.

The provisions of the foregoing paragraph will also apply to companies in the process of industrial conversion, provided that the aforementioned process obtains the authorization of the National Planning Department. The National Government shall indicate the conditions and requirements necessary for the application of this article.

" Article 131-1. Basis for calculating depreciation by legal persons. For legal persons and their assimilated the cost of a depreciable good will not involve the sales tax cancelled in its acquisition or nationalization, when it has to be treated as a discount on income tax. "

PARAGRAFO. The provisions of Articles 258-1 and 131-1 of the Tax Statute, added by this article, govern for acquisitions or nationalizations made as of the validity of this Law.

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ARTICLE 21. GOODS EXCLUDED. Add the Tax Statute with the following articles:

" Article 424-2 Raw materials for the production of vaccines. The raw materials for the production of vaccines will be excluded from the sales tax, for which this condition must be credited in the way that the regulation indicates.

" Article 424-3 Agricultural machinery excluded from the tax. The goods covered by the tariff headings mentioned below shall be excluded from the sales tax, provided that they do not occur in the country in accordance with the certificate issued by the Ministry on that occasion. Economic Development.

DESCRIPTION POSITION

84.32.       Agricultural, horticultural or forestry machinery, apparatus and apparatus for the preparation or work of the soil for cultivation.

Except for subheadings:

84.32.90.10.10

84.32.90.10.20

84.32.90.20.00

84.32.90.00

84.33.20.00.00. Guadanadors, including cutting bars for mounting on a tractor.

84.33.30,00.00. Other machines and apparatus for the purpose of henifying.

84.33.40,00.00. Press for straw and fodder, including collecting presses.

84.33.51.00.00. Harvester harvesters.

84.33.52.00.00. Other machines and apparatus for trilling.

84.33.53,00.00. Machines for the collection of roots or tubers.

84.33.59.10.00. Harvesters, even combined.

84.33.59.20.00. Degranadors.

84.33.59.90.00. Other machines and apparatus for collecting and trite.

84.33.60.10.00. Egg classifiers.

84.33.60.20.00. Grading of eggs or potatoes.

84.33.60.30.00. Coffee classifiers.

84.33.60.40.10. Grain classifiers.

84.33.60.40.20. Fruit classifiers.

84.33.60.40.90. Other classifiers for agricultural products.

84.33.60.90.00. Machinery for the cleaning of agricultural products.

84.34.10.00.00. Millers.

84.36.                Other machines and apparatus, for agriculture,

horticulture, forestry and poultry farming or beekeeping, including germinators with mechanical or thermal devices and poultry hatcheries and breeding plants other than subheadings;

84.36.91.00.00

84.36.99.00.00

84.37.10.00.00. Machines for the cleaning, sorting or screening of seeds, grains or dried pulses.

87,01.0.00.10. Agricultural tractors.

PARAGRAFO. Also excluded from sales tax are irrigation and fumigation equipment other than aerodines.

" Article 424-4. Wire rod for making barbed wire and crooked for fences. The wire rod for the manufacture of barbed wire and crooked for fences shall be excluded from the sales tax, for which this condition must be credited in the manner indicated by the National Government.

" Article 424-5. School, toilet and household utensils excluded from the tax. The following are excluded from the sales tax, the following school, toilet and home utensils:

1. Single school uniform.

2. Pencils of writing.

3. Dental cream.

4. Personal soap.

5. Soap bar for washing.

6. Creolina.

7. Brooms, moppers and brushes

8. Batteries.

9. Candles

10. Diapers.

11. Hair cut for man and woman

12. Matches (matches) ".

" Article 424-6. Propane Gas for domestic use. Propane gas for domestic use shall be excluded from sales tax.

" Article 428-1. Imports of assets by institutions of higher education. Equipment and components which are imported into the institutions of higher education, research centres and senior studies, which are duly recognised and which are intended for scientific or technological research projects and approved by the Department of National Planning, will enjoy the exemption of sales tax.

Literal (b) of article 426 of the Tax Statute, will be as follows:

b). Concrete, bricks, zinc tiles, mud and asbestos cement, provided such goods are destined for the construction of a dwelling.

PARAGRAFO. transient. They are excluded from the sales tax, provided that they are intended for the production of power generating plants and the declaration of release for consumption or the temporary import declaration is submitted before 31 December. December 1992, imports and disposal of the following goods in accordance with the tariff positions indicated:

Unarmed diesel engines (840890010) armed diesel engines (8408900090), alternators or generators (8501611000), (8501612000) and (8501613000). For the purposes of the exclusion here, the control requirements to be established by the National Government must be met.

PARAGRAFO 2o. The provisions of this article shall apply from the issuance of this law.

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ARTICLE 22. RATING OF DONATIONS FOR TAX EXEMPTION. Article 480 of the Tax Statute will be as follows:

" Article 480. Donated goods exempt from sales tax. They shall be excluded from the sales tax, imports of goods and equipment intended for sport, health, scientific and technological research and education, donated in favour of official or non-profit entities, by persons or entities, persons or entities, persons or foreign governments, as long as they obtain a favourable rating from the Committee provided for in Article 362".

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ARTICLE 23. IMPORT OF PRIZES IN INTERNATIONAL COMPETITIONS. Add the Tax Statute with the following article:

" Item 423-1. Import of prizes in international competitions. It shall not be subject to the sales tax, the importation of awards and distinctions obtained by Colombians in competitions, recognitions, or international scientific, literary, journalistic, artistic and sporting events recognized by the respective entity of the National Government to whom it is appropriate to promote, within the country, the scientific, literary, journalistic, artistic and sports activities and with the favorable rating of the Ministry of Finance and Public Credit.

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ARTICLE 24. RESPONSIBLE FOR SALES TAX ON SERVICES. Add the Tax Statute with the following article:

" Article 437-1 Responsible for tax on services. The sales tax will be responsible for the sales of services, with the exception of:

a). Those who provide services expressly excluded from the tax in law, and

b.  Those who fulfil the conditions required to belong to the simplified scheme.

c.  From the year in which the quality of the responsible is acquired, this quality will be retained, until the date on which the taxpayer requests the cancellation of his registration in the National Registry of Sellers for having fulfilled the conditions marked in this article for two consecutive years.

PARAGRAFO. The provisions of this article and without prejudice to the fulfillment of the obligation of invoices and other tax obligations different from those responsible for the tax on sales.

PARAGRAFO 2o. For the control purposes of those responsible who provide taxed services and are not traders, the National Government may point out special forms to enable them to comply with formal obligations. The law of the law for the responsible of the sales tax.

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ARTICLE 25. SERVICES TAXED AND EXCEPTED. The literal b) of article 420 of the Tax Statute, will remain so.

b). The provision of services in the national territory;

Literal c) of article 437 of the Tax Statute, will be as follows:

c). Those who provide services.

Article 476 of the Tax Statute, will be as follows:

The following services are excepted from the tax:

1. Medical, dental, hospital, clinical and laboratory services for human health.

2. The public transport service, land, river and air of people in the national territory. The national and international transport service of sea, river, land or air cargo.

3. The financial lease (leasing), the State funds management services, the commissions of the exchange commission, the commissions of the trust companies, the commissions for intermediation in the placement of insurance, reinsurance or capitalisation securities and interest generated by credit operations.

4. The public services of energy, aqueduct and sewerage, public toilet, garbage collection and house gas are either driven by pipeline or distributed in cylinders. In the case of the local telephone service, the first 250 monthly impulses invoiced to strata one and two are excluded from the tax.

5. The real estate lease service.

6. Primary, secondary and higher education services provided by establishments recognised by the National Government.

7. Architecture and engineering services linked only to housing up to two thousand three hundred (2,300) UPACS.

8. Advertising, radio, press and television services, including cable television and the film exhibition service.

9. The services of social or sports clubs of workers.

10. The services provided by the toiletries, the surveillance companies and the temporary employment services companies.

11. Commissions for transactions executed by credit and debit card.

12. The customs warehousing and intermediation service, by way of steps forward in the imports.

13. The storage of agricultural products by general warehouse warehouses.

PARAGRAFO. In the case of works of manufacture, manufacture or construction of movable tangible property, carried out on behalf of third parties including those intended to be converted into buildings by access, with or without supply of raw materials, whether they involve obtaining the final product or constitute a stage of their manufacture, manufacture, construction or putting into use, the applicable tariff is that which corresponds to the service delivery.

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ARTICLE 26. RESPONSIBILITY AND DETERMINATION IN FINANCIAL SERVICES. Article 443-1 of the Tax Statute shall remain as follows:

" Item 443-1. Responsibility for financial services. In the case of financial services they are responsible, in terms of the services taxed, the banking establishments, the financial corporations, the savings and housing corporations and the commercial financing companies, of nature (a) commercial or cooperative; general warehouse stores and other financial institutions or financial services subject to supervision of the Banking Superintendence, with the exception of mutual funds of investment, of companies Pension and pension fund managers, and trust companies.

Likewise, those entities that normally develop operations similar to those of the entities mentioned in the previous paragraph are responsible, whether or not they are subject to State surveillance.

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ARTICLE 27. DETERMINATION OF TAX ON FINANCIAL SERVICES. Add the Tax Statute with the following article:

" Article 486-1. Determination of the tax on financial services. In the case of currency transactions, the tax is determined by taking the difference between the rate of sale of the foreign exchange to the date of the transaction and the average purchase rate of the respective entity on the same date, established in the form indicated by the Banking Superintendence, multiplied by the tax rate and by the amount of foreign currency during the day.

In the other financial services, the tax is determined by applying the tariff to the taxable base, integrated in each transaction, for the total value of the commissions and other remuneration that the person responsible for the services provided, regardless of their denomination. The above does not apply to the services referred to in the third party of Article 476, nor to the insurance service which will continue to be governed by the special provisions referred to in this Article. Statute.

PARAGRAFO. Except for these taxes per bank operation to the Embassies, Official Sedes, Diplomatic and Consular Agents and International Organizations that are duly accredited to the government national.

Liquidations for their foreign exchange income will be made on the basis of official day quotes across all financial, state and private services in the country.

The Ministry of Foreign Affairs will regulate the quotas for these international missions.

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ARTICLE 28. DISCOUNTABLE TAXES ON SERVICES. Article 498 of the Tax Statute will be as follows:

" Article 498. Deaccounting taxes on services. Those responsible who provide the taxed services will be entitled to apply for the discountable taxes in the article 485.

The fee to set the discountable taxes to which those responsible for the services are entitled will be limited by the fee of the corresponding service; the excess, if any, will be carried as a greater value of the respective cost or expense.

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ARTICLE 29. CONTROL OF SALES TAX ON THE DISPOSAL OF AIRCRAFTS. Add the Tax Statute with the following article:

" Article 420-1. Control of sales tax on the disposal of aircrafts. For the purposes of the control of sales tax, the Administrative Department of Civil Aeronautics shall report, in the first fifteen days of the month following each two-month period, to the Management Subdirection of the Administrative Unit Special Directorate of National Taxes, the airfields registered during the immediately preceding bimestre, identifying the surnames and the name or social reason and the NIT of the contracting parties, as well as the amount of the operation and the identification of the object of the same. "

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ARTICLE 30. EFFECTS OF MERGER AND DIVISION OF COMPANIES. Add the Tax Statute with the following article:

" Article 428-2. Tax Effects of the merger and division of companies. The provisions in Articles 14-1 and 14-2, are equally valid for sales tax.

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ARTICLE 31. TAX ON SALES TAX ON GASOLINE. Article 466 of the Tax Statute will be as follows:

" Article 466. Tax base on the sale of motor gasoline. The basis for settling the motor gasoline sales tax will be the final price to the public by discounting the contribution for decentralization, the gasoline tax and the other taxes.

CHAPTER IV.

STAMP DUTY.

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ARTICLE 32. WHO ARE TAXPAYERS. Article 515 of the Tax Statute, will remain:

" Article 515. Those who are taxpayers. Natural or legal persons, their assimilated persons and public entities not expressly excepted, are taxpayers who intervene as grants, givers, acceptors, issuers or subscribers in the documents.

This is the same as a contributor to whose favor the document is issued, granted, or extended.

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ARTICLE 33. WHO ARE RESPONSIBLE. Article 516 of the Tax Statute, will be as follows:

" Article 516. Who are responsible. They are responsible for the tax and penalties all withholding agents, including those, who still do not have the character of taxpayers, must comply with the obligations of these agents by express provision of the Law.

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ARTICLE 34. OFFICIAL OFFICIALS RESPOND IN SOLIDARITY WITH THE RETAINERS. Article 517 of the Tax Statute, will be as follows:

" Article 517. Official officials respond in solidarity with the holding agents. They are jointly and severally responding to the withholding agent of official officials who authorize, issue, register or process acts or instruments subject to the tax, or who do not have such a character, perform public functions and intervene in the mentioned facts.

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ARTICLE 35. RETENTION AGENTS. Article 518 of the Tax Statute, will be as follows:

" Article 518. Retention Agents. They will need to respond as retention agents, to more than the regulation points out:

1. Natural and assimilated persons, when they meet the conditions laid down in Article 519 of this Statute, and legal and equivalent persons, having the character of the tax, act as contractors, acceptors, issuers or subscribers in the documents.

2. The notaries in the public scriptures.

3. The public entities of the national, departmental or municipal order, whatever their legal nature.

4. Colombian Government diplomatic agents, for documents awarded abroad.

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ARTICLE 36. GENERAL RULE OF CAUSATION AND TARIFF. Article 519 of the Tax Statute will be as follows:

" Article 519. General rule of causation of tax and tariff. National stamp duty will be caused at the rate of half a percent (0.5%) on public instruments and private documents, including securities securities, which are granted or accepted in the country, or which are awarded outside the country but which are carry out on the national territory or generate obligations in the national territory, in which the constitution, existence, modification or extinction of obligations is recorded, as well as their extension or transfer, the amount of which is greater than 10 million pesos ($10,000,000), (1992 base year value) in which you intervene as a grantor, acceptor or subscriber public entity, a legal person or an equivalent person, or a natural person who has the quality of a trader who in the year immediately preceding has a gross income or gross equity of more than one hundred and sixty-eight million thousand pesos ($168,800,000) (value year base 1992).

Dealing with documents that have been elevated to public deed, stamp duty will be caused, as long as it is not the disposal of real estate or ships, or the constitution or cancellation of mortgages on them. In the case of open mortgage constitution, this tax will be paid on the respective duty documents.

The stamp duty will also be caused in the case of the accepted merchant offer, even if the acceptance is made in a separate document.

When such documents are of indeterminate value, the tax rate will be one hundred and fifty thousand pesos ($150,000). This tax will be taken as a payment of the definitive tax. (Value year base 1992).

PARAGRAFO. The stamp duty generated by the documents and performances provided for in this Book shall be equal to the value of the retentions at the source duly practiced. In the event of documents of indeterminate amount, where appropriate, in addition to the initial retention of the sum indicated in the last indent of this article, the stamp duty shall include the deductions which are carried out once determining or determining its value, if applicable.

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ARTICLE 37. PRIVATE DOCUMENTS TAXED REGARDLESS OF THEIR AMOUNT. ARTICLE 521 of the Tax Statute will be as follows:

" Article 521. Private documents subject to stamp duty, irrespective of the amount of the stamp duty. The following documents are subject to the stamp duty in any case, and shall pay the sums indicated in each case.

a). The checks to be paid in Colombia: a weight ($1.00), (Value year base 1992), for each one.

b). Nominative and bearer bonds: half a percent (0.5%) on nominal value.

c). Certificates of deposit issued by the general warehouse warehouse: one hundred pesos ($100) (Value year base 1992).

d). The guarantees granted by the credit institutions cause the tax to be imposed at half a percent (0.5%), for one time, on the value of the commission or premium, received by the guarantor entity.

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ARTICLE 38. RULES FOR DETERMINING AMOUNTS. Add article 522 of the Tax Statute with the following paragraph:

PARAGRAFO. In the cases provided for in numeral 3), when the Tax Administration determines that the value to be paid initially was quantifiable, it may, by resolution, set such value by imposing further a penalty for inaccuracy equivalent to 160% of the largest determined value.

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ARTICLE 39. TAXABLE PERFORMANCES AND DOCUMENTS. Article 523 of the Tax Statute, shall be as follows:

" Article 523. Actions and documents without tax levied. They are also taxed:

1. Ordinary passports issued in the country, five thousand pesos ($5,000); revalidations, two thousand pesos ($2,000) (Value year base 1992).

2. The concessions for the exploitation of natural forests for agro-industrial purposes in vacant land, ten thousand pesos ($10,000) per hectare; when it comes to the exploitation of fine woods, according to the Inderena rating, thirty thousand pesos ($30,000) per hectare. The extension of these concessions or authorizations, 50% (50%) of the value initially paid (value year base 1992).

3. The contribution of a emeraldifera zone, at the request of a particular interested person to the Mineral Company of Colombia, fifty thousand pesos ($50,000) (Value year base 1992).

4. The licenses to carry firearms, twenty thousand pesos ($20,000); renovations, five thousand pesos ($5,000) (Value year base 1992).

5. Licenses to trade in ammunition and explosives, one hundred and fifty thousand pesos ($150,000); the renewals one hundred thousand pesos ($100,000) (Value year base 1992).

6. Each recognition of legal status twenty thousand pesos ($20,000); dealing with non-profit entities, ten thousand pesos ($10,000) (Value year base 1992).

PARAGRAFO. It is excluded from the payment of the tax indicated in the numeral two (2) of this article, to the medium and small farmer that it performs forest exploitation in vacant land for exclusively agricultural purposes, in Crops of pancatch, in a maximum of ten hectares, without prejudice to comply with the existing legal obligations of subsequent reforestation.

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ARTICLE 40. STAMP DUTY EXEMPTIONS. Numerals 6o, 7o, and 40 of article 530 of the Tax Statute will remain as follows:

6. Shares and bonds issued by companies.

7. The transfer or endorsement of the securities of shares and bonds referred to in the preceding numeral.

40. The recognition of legal status to trade unions of workers, cooperatives, communal boards of action; and non-professional sports clubs.

Add article 530 of the Tax Statute with the following number:

51. Private documents by which the export of national production goods is agreed.

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ARTICLE 41. RETAINER OBLIGATIONS. Add the Tax Statute with the following items:

" Article 539-1. Duties of the Stamp Retention Agent. The Timbre Tax Retention Agents must comply with the obligations enshrined in Title II of the Second Book of the Tax Statute, except as regards the issue of certificates, which must be issued and Each time the holder receives the payment of the tax, in the official formats prescribed by the Special Administrative Unit of National Taxes and with the minimum information indicated in the following article.

" Article 539-2. Obligation to issue certificates. Stamp-retention agents shall issue to the taxpayer, for each causation and payment of the charge, a certificate, in accordance with the format prescribed by the Special Administrative Unit of the National Tax Directorate, in which it consists:

1. The description of the document or act subject to the tax, with an indication of its date and value.

2. The name and name or social name and tax identification number of the persons or entities involved in the document or act.

3. The value paid, including tax and penalties and interest, where applicable.

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ARTICLE 42. DECLARATION AND PAYMENT. Add the Tax Statute with the following article:

Item 539-3. Obligation to declare. From January 1993, the agents of withholding tax of Timbre must declare for each month the value of the tax caused during the period, in the form and conditions that for the effect I pointed out the regulation.

PARAGRAFO. transient. As long as the relevant regulation is issued, the tax withholding agents must declare the value caused during the month in the form of the withholding tax at the source in the row corresponding to other concepts.

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ARTICLE 43. PAYMENT OF THE TAX AS A REQUIREMENT TO HAVE A DOCUMENT AS PROOF. Article 540 of the Tax Statute will be as follows:

" Article 540. No document should be tested as long as stamp duty is not paid. No document or performance subject to stamp duty may be admitted by official officials or taken as evidence as long as the tax, penalties and interest are not paid in accordance with Article 535.

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ARTICLE 44. STAMP DUTY WITHHOLDING RATIO. Add the Tax Statute with the following article.

" Article 632-1. Relationship of stamp holds. Without prejudice to the provisions of Article 539-3, taxpayers and stamp duty holders, who are obliged to keep accounts, shall record the causation, collection, payment or entry of the tax into an account intended exclusively for this purpose. The respective accounts must be fully identified by the act or document. If the corresponding support is not attached to them, such vouchers shall indicate the place where the support is closed so that the accuracy of the register is verified at any time.

Stamp Duty withholding agents other than those indicated in the preceding paragraph, must prepare monthly and keep at the disposal of the tax authorities a detailed relationship of the performances and documents taxed in the the relationship between the values collected by way of tax, their description and the identification of the parties involved in their implementation, production and subscription.

The relationship that the previous paragraph deals with must be certified by the Public Accountant; in the public entities, by the person who exercises the functions of the payer and in the consulates, that relationship must be signed by the respective consul.

CHAPTER V.

OTHER TAXES, CONTRIBUTIONS, AND RIGHTS.

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Provisions analyzed by the Legal Advance Casa Editorial Ltda. ©
"Laws since 1992-Expressed Effective and Constitutionality Sentences"
ISSN [1657-6241 (Online)]
Last Updated: September 23, 2016
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