71 Act 1993

Original Language Title: LEY 71 de 1993

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ACT 71 OF 1993

(August 30)

Official Journal No. 41,013., of 31 August 1993

By means of which the exchange of notes establishing the Agreement between Colombia and Brazil is approved for the reciprocal exemption of double taxation in favor of the maritime or air companies of both countries, signed in Bogota on 28 September. June 1971

THE CONGRESS OF COLOMBIA,

DECRETA:

Having regard to the text of the "Exchange of Letters establishing the Agreement between Colombia and Brazil for the reciprocal exemption of double taxation in favor of the maritime or air companies of both countries", signed in Bogota on 28 June 1971, which is a letter of says:

A/E 393 Bogotá, June 28, 1971

Ambassador:

i would like to refer to the negotiations which have been going on for some time between our two governments, for the conclusion of a mutual exemption agreement for double taxation in favour of maritime or air transport companies. Colombian or Brazilian nationality. These negotiations were practically concluded by the note of the honorable Embassy of Brazil in Bogota to the Ministry of Foreign Affairs of Colombia, noted with the number 136 of November 5, 1970 and of the Ministry of Foreign Affairs to the honorable Embassy of Brazil A/E 1066 of February 19, 1971.

As there were adjective differences in the texts of the aforementioned notes, I allow myself to propose now to your Excellency the formalization of reciprocal tax concessions to avoid double taxation on income, capital or equity for maritime or air navigation companies, in the following terms:

I. The maritime or air navigation companies of Brazilian nationality operating in Colombia shall pay exclusively to their government any direct tax which is a serious income, capital or equity or which is complementary or additional to such taxes.

II. Reciprocally, the maritime or air navigation companies of Colombian nationality operating in Brazil shall pay exclusively to their government any direct tax which is a serious income, capital or equity or which is complementary or additional to such taxes.

III. The exemptions in this note shall apply only to the income, capital and equity arising from the activities of the maritime or air undertakings.

IV. For the purposes of the exemptions provided for in points I and II listed above, "Brazilian sea or air navigation companies" shall mean natural persons resident in Brazil, without their registered office in Colombia, who exercise the trade in sea or air transport, as well as the companies of capital or persons, constituted in accordance with the laws of the Federative Republic of Brazil and which have the headquarters of their management and central administration in Brazilian territory, which deal with the same commercial activity. This definition also includes the exploitation of sea and air transport by the Brazilian State or by companies of which it is a party.

V. Reciprocally, for the purposes of points I and II, as indicated above, "maritime or air navigation companies of Colombian nationality" shall mean natural persons residing in Colombia, without their domicile in Brazil, who exercise the right of trade in maritime or air transport, as well as the companies of capital or persons, formed in accordance with the laws of the Republic of Colombia, which have the headquarters of their management and central administration in Colombian territory, They are engaged in the same business. This definition also includes the exploitation of maritime and air transport by the Colombian State or by companies of which it is a party.

VI. The exemptions provided for in points I and II above shall apply to taxes which, on the date of entry into force of this agreement, are pending or have not been recovered. To this end, the two governments undertake to suspend the collection of the taxes which are the subject of this note on that date.

VII. The exemptions in this note may be denounced by any of the parties, in writing, through diplomatic channels, in advance of six months, in which case they will lose their validity on the first of January following the termination of the of that period.

VIII. This agreement will enter into force provisionally on the date of the note of your Excellency's response, and definitively on the date that the two governments communicate to have fulfilled in each country the requirements regarding their ratification. In the event that one of the parties communicates that the ratification has not been possible, each party shall be free to require the maritime or air navigation companies of the other party to pay the taxes that have not been collected. during the provisional term.

IX. This agreement may be reviewed at the request of the Colombian Government, in order to accommodate, as far as possible, the Convention of a type that will be approved for the countries of the Cartagena Agreement. If the Agreement cannot be revised, it shall be terminated in accordance with the provisions of clause VII.

If the proposal contained in the above points obtains the acceptance of the Government of the Federative Republic of Brazil, I have the honor to propose that the present note and the answer of your Excellency, of the same tenor, be considered as an Agreement between our two governments.

I take the opportunity to renew your Excellency the assurances of my highest and distinguished consideration.

ALFREDO VASQUEZ CARRIZOSA

Minister of Foreign Affairs.

Your Excellency the Lord

FERNANDO DE ALENCAR

Ambassador Extraordinary and Plenipotentiary of Brazil.

City.

" Bogotá, June 28, 1971

No. 83

Minister:

would like to refer to the negotiations which have been going on for some time between our two governments, for the conclusion of an agreement on mutual exemption for double taxation in favour of maritime companies and air of Colombian or Brazilian nationality. These negotiations were practically concluded by the note from the Brazilian Embassy in Bogota to the Ministry of Foreign Affairs of Colombia, No. 136 of November 5, 1970, and from the Ministry's note to the Brazilian Embassy. No. A/E 1066 of 19 February 1971.

As there were adjective differences in the texts of the aforementioned notes, I allow myself to propose now to your Excellency the formalization of reciprocal tax concessions to avoid double taxation on income, capital or equity air or sea shipping companies, in the following terms:

I. The maritime or air navigation companies of Brazilian nationality operating in Colombia shall pay exclusively to their government any direct tax which is a serious income, capital or equity or which is complementary or additional to such taxes.

II. Reciprocally, the maritime or air navigation companies of Colombian nationality operating in Brazil shall pay exclusively to their own Government any direct tax which is a serious income, capital or equity or which is complementary or additional to such taxes.

III. The exemptions in this note shall apply only to the income, capital and equity arising from the activities of the maritime or air undertakings.

IV. For the purposes of the exemptions provided for in points I and II listed above, "Brazilian sea or air navigation companies" shall mean natural persons resident in Brazil, without their registered office in Colombia, who exercise the trade in maritime or air transport, as well as the companies of capital or persons, formed in accordance with the laws of the Federative Republic of Brazil and having its headquarters, management and central administration in territory Brazilian, who deal with the same business activity. This definition also includes the exploitation of sea and air transport by the Brazilian State or by companies of which it is a party.

V. Reciprocally, for the purposes referred to in points I and II, "maritime or air navigation companies of Colombian nationality" shall mean natural persons resident in Colombia, who are not domiciled in Brazil, who carry out trade in maritime or air transport, as well as the companies of capital or persons, formed in accordance with the laws of the Republic of Colombia, which have the headquarters of their central management and administration in Colombian territory, identical business activity. This definition also includes the exploitation of sea and air transport carried out by the Colombian State or by companies of which it is a party.

VI. The exemptions provided for in points I and II above shall apply to taxes which, on the date of entry into force of this agreement, are pending or have not been settled. To this end, the two governments undertake to suspend, on that date, the recovery of the taxes which are the subject of this notice.

VII. The exemptions in this note may be denounced by any of the parties, in writing, through diplomatic channels, with an advance of 6 months, in which case they will lose their validity on the first day of January after the termination of that period.

VIII. This agreement will enter into force provisionally on the date of the note of your Excellency's response, and definitely on the date when the two governments communicate the fulfillment of the expected demands in relation to their ratification. In the case where one of the parties informs that the said ratification has not been possible, each party shall be free to require the maritime or air navigation undertakings of the other party to make the payments of the taxes which are not have been collected during the provisional period.

IX. This agreement may be reviewed at the request of the Government of Colombia, in order to accommodate, as far as possible, the standard agreement on this matter to be approved for the countries of the Cartagena Agreement. In the event that the revision of the agreement is not possible, it shall be terminated in accordance with the provisions of clause VII.

This note and that of Your Excellency, of the same date and of equivalent content, constitute an Agreement between our two governments.

I take the opportunity to renew your Excellency the assurances of my highest and distinguished consideration.

FERNANDO DE ALENCAR

(Ambassador of Brazil)

Your Excellency the Ambassador

ALFREDO VASQUEZ CARRIZOSA

Minister of Foreign Affairs of Colombia City. "

The Legal Subsecretariat of the

Ministry of Foreign Affairs.

CERTIFIES:

That the above text is a faithful copy and full of the original text of the "Exchange of Letters establishing the Agreement between Colombia and Brazil for the reciprocal exemption of double taxation in favor of the maritime or air companies of both countries", signed in Bogotá on 28 June 1971, by note number A/E. 3939 by the Minister of Foreign Affairs, Doctor Alfredo Vasquez Carrizosa, whose text was taken from the memory of the Minister of Foreign Affairs to the honorable Congress of the Republic, Volume II, 1970-1971-pp. 37 and 38; and note No. 83 signed by the Brazilian Ambassador, whose official translation number 069/92 from Portuguese to Spanish was made based on the original of the same one that works in the archives of the Legal Secretariat of the Foreign Ministry.

MARTHA ESPERANZA RUEDA MERCHAN

Legal Under-secretary.

EXECUTIVE BRANCH OF THE PIBLICO POWER

REPUBLIC OF THE REPUBLIC

Santafe de Bogota, D.C., August 21, 1992

Approved. Submit to the consideration of the Honorable

National Congress for Constitutional Effects.

(Fdo.) CESAR GAVIRIA TRUJILLO

The Foreign Minister,

NOEMI SANIN DE RUBIO.

DECRETA:

ARTICLE 1o. Approve the "Exchange of Letters establishing the Agreement between Colombia and Brazil for the reciprocal exemption of double taxation in favor of the maritime or air companies of both countries", signed in Bogota on June 28, 1971.

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ARTICLE 2o. In accordance with the provisions of Article 1o. of law 7a. In 1944, the "Exchange of Letters establishing the Agreement between Colombia and Brazil for the reciprocal exemption of double taxation in favor of the maritime or air companies of both countries", signed in Bogota on June 28, 1971, which by the article First of this law is passed, will definitely force the country from the date on which the international link with respect to it is perfected.

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ARTICLE 3o. This Law governs from the date of its publication.

The President of the Honorable Senate of the Republic,

TITO EDMUNDO RUEDA GUARIN.

The Secretary General of the Honorable Senate of the Republic,

PEDRO PUMAREJO VEGA.

The President of the Honorable House of Representatives,

CESAR PEREZ GARCIA.

The Secretary General of the Honorable House of Representatives,

DIEGO VIVAS TAFUR.

Republic of Colombia-National Government

Contact and post.

Execute previous Constitutional Court review

pursuant to Article 241-10 of the Political Constitution.

Dada en Santafe de Bogota, D.C., a los thirty

(30) days of August

thousand nine hundred and ninety-three (1993).

CESAR GAVIRIA TRUJILLO

The Foreign Minister,

NOEMI SANIN DE RUBIO.

The Minister of Finance and Public Credit,

RUDOLF HOMMES RODRIGUEZ.

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