71 Act 1993

Original Language Title: LEY 71 de 1993

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LAW 71 OF 1993
(August 30)
Official Gazette No. 41,013., Of 31 August 1993
Through which the exchange of notes establishing the agreement between Colombia and Brazil for reciprocal approved double taxation exemption in favor of maritime or air companies of the two countries, signed in Bogota on June 28, 1971 Summary

Term Notes
CONGRESS OF COLOMBIA DECREES
:
having regard to the text of "establishing an Exchange of Notes between Colombia and Brazil Agreement for reciprocal exemption of double taxation in favor of maritime or airlines of both countries" signed in Bogota on June 28, 1971, which reads:
a / E 393 Bogota, June 28, 1971 Ambassador
:
I would like to refer to the negotiations which have carried out some time between our two Governments, for the conclusion of an Agreement on mutual exemption of double taxation in favor of maritime or air companies Colombian or Brazilian nationality. These negotiations were virtually completed by the note of the honorable Brazilian Embassy in Bogota to the Ministry of Foreign Affairs of Colombia, marked with the number 136 of November 5, 1970 and the Ministry's note to the Embassy of Brazil A / E 1066 of 19 February 1971. As there were adjectival
differences in the texts of the above notes, I would propose now to Your Excellency the formalization of reciprocal tax concessions to avoid double taxation on income, capital or the assets of companies shipping or aviation, as follows:
I. Companies sea or air navigation Brazilian nationality operating in Colombia will pay exclusively to their own Government all that serious direct tax income, capital or equity or that is complementary or additional to such taxes.
II. Conversely, companies shipping or aviation Colombian nationals operating in Brazil paid only their own government all that serious direct tax income, capital or equity or that is complementary or additional to such taxes.
III. Exemptions covered by this note shall apply only to income, capital and assets from the activities of maritime or air companies.
IV. For the purposes of the exemptions provided in Sections I and II indicated above, be understood by "companies shipping or aviation Brazilian nationals" resident in Brazil, homeless in Colombia individuals, engaged in trade shipping or air, as well as capital companies or persons, incorporated under the laws of the Federative Republic of Brazil and having the seat of its management and central administration in Brazilian territory, dealing with the same commercial activity. the exploitation of maritime and air transport by the Brazilian government or by companies of which it is part is also included in this definition.
V. Reciprocally, for the purposes of Sections I and II, as indicated above, the term "companies sea or air navigation Colombian nationality" natural persons resident in Colombia, not domiciled in Brazil, engaged in trade shipping or air, as well as capital companies or persons, incorporated under the laws of the Republic of Colombia, having the seat of its management and central administration in Colombia, dealing with the same commercial activity. the exploitation of maritime and air transport by the Colombian State or by companies of which it is part is also included in this definition.
VI. The exemptions provided for in points I and II above shall apply to taxes on the date of entry into force of this agreement, are outstanding or have not been collected. For this purpose the two Governments undertake reciprocally on that date, to suspend the collection of taxes covered by this note.
VII. Exemptions covered by this notice may be denounced by either party, in writing, through the diplomatic channel, six months in advance, in which case lose their validity on January subsequent to the termination of that period.

VIII. This agreement shall enter into force provisionally on the date of the note of your reply, and definitively on the date that the two governments to communicate in each country have met the requirements for ratification. Should one of the parties notifies the not have been possible that ratification, each party shall be free to require companies ships or aircraft of the other party that the taxes had not been raised during the provisional validity paid .
IX. This agreement may be revised at the request of the Government of Colombia, in order to accommodate as far as possible, the type Convention on this matter to become approved for the countries of the Cartagena Agreement. If it can not be revised Agreement, will end his term as provided in clause VII.
If the proposal contained in the above gets the acceptance of the Government of the Federative Republic of Brazil, I have the honor to propose that this note and the reply of Your Excellency of the same content, they are regarded as an agreement between our two Governments.
Take this opportunity to renew to Your Excellency the assurances of my highest consideration. ALFREDO VASQUEZ CARRIZOSA

Foreign Minister.
His Excellency Mr. FERNANDO DE ALENCAR

Ambassador Extraordinary and Plenipotentiary of Brazil.
City.
"Bogotá, June 28, 1971 83
No
Minister.
I would like to refer to the negotiations that have been underway for some time between our two Governments, to the conclusion of an agreement on mutual exemption of double taxation in favor of maritime and airlines of Colombian and Brazilian nationality. These negotiations were virtually completed by the note of the Brazilian Embassy in Bogota to the Ministry of Foreign Affairs of Colombia No. 136 of November 5, 1970, and the Ministry's note to the Embassy of Brazil No. a / E 1066 of 19 February 1971. As there were adjectival
differences in the texts of those notes, may I now propose to Your Excellency the formalization of reciprocal tax concessions to avoid double taxation on income, capital or equity of companies shipping or aviation, as follows:.
I navigation companies sea ​​or air of Brazilian nationality operating in Colombia will pay exclusively to their own Government all that serious direct tax income, capital or equity or that is complementary or additional to such taxes.
II. Conversely, companies shipping or aviation Colombian nationals operating in Brazil paid only their own government all that serious direct tax income, capital or equity or that is complementary or additional to such taxes.
III. Exemptions covered by this note shall apply only to income, capital and assets from the activities of maritime or air companies.
IV. For the purposes of the exemptions provided in Sections I and II indicated above, be understood by "companies shipping or aviation Brazilian nationals" resident in Brazil, not domiciled in Colombia, engaged in trade of shipping natural persons or air; as well as capital companies or persons formed in accordance with the laws of the Federative Republic of Brazil and have their seat, central management and administration in Brazilian territory, dealing with the same commercial activity. It is also included in this definition, exploitation of maritime and air transport by the Brazilian government or by companies of which it is part.
V. Reciprocally, for the purposes treated in Sections I and II, the term "companies sea or air navigation Colombian nationality" natural persons resident in Colombia, not domiciled in Brazil, engaged in trade in maritime or air transport as well as capital companies or persons formed in accordance with the laws of the Republic of Colombia, having the seat of its management and central administration in Colombia, dealing with the same commercial activity. It includes, also, in this definition, exploitation of maritime and air transport by the Colombian State or by companies of which it is part.

VI. The exemptions provided for in points I and II above shall apply to taxes on the date of entry into force of this agreement, are outstanding or have not been collected. For this purpose the two Governments undertake reciprocally to, on that date, suspend the collection of taxes covered by this note.
VII. The exemptions referred to this note may be denounced by either party, in writing, through diplomatic channels, with an advance of 6 months, in which case they will lose their validity the first day of January subsequent to the termination of the term.
VIII. This Agreement shall enter into force provisionally on the date of the note of your reply, and definitively on the date on which the two Governments compliance with the requirements laid down in connection with ratification communicate. In the case where one of the parties informs that it has not been possible to the said ratification, each party will be free to require companies to sea or air navigation other party that are made payments of taxes that have not been collected during the interim force.
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 become approved for the countries of the Cartagena Agreement. If it is not possible revision of the agreement, will end his term in accordance with the provisions of clause VII.
This note and Your Excellency, of the same date and equivalent content constitute an agreement between our two Governments.
Take this opportunity to renew to Your Excellency the assurances of my highest consideration. FERNANDO DE ALENCAR

(Ambassador of Brazil)
His Excellency Ambassador

ALFREDO VASQUEZ CARRIZOSA Minister of Foreign Affairs of Colombia City "
The undersigned Secretary of Legal. | . ||
Foreign Ministry CERTIFY:
That the foregoing is true and complete copy of the original text of "establishing an Exchange of Notes between Colombia and Brazil Agreement for reciprocal exemption of double taxation in favor of maritime and airlines of both countries "signed in Bogota on June 28, 1971, by note number a / E. 3939 by the Minister of Foreign Affairs, Dr. Alfredo Vasquez Carrizosa, the text was taken from the report of the Minister of Foreign Outside the honorable Congress, Volume II, 1970 - 1971 - pp 37 and 38;. and note No. 83 signed by the Ambassador of Brazil, whose number 069/92 official translation from Portuguese to Castilian was made based on the original of the same work in the archives of the Secretariat for Legal Affairs of the Foreign Ministry. MARTHA

HOPE WHEEL MERCHÁN Legal Secretary.
EXECUTIVE BRANCH OF POWER PÍBLICO

PRESIDENCY OF THE REPUBLIC Santafe de Bogota, DC, August 21, 1992 Approved
. Submit to the consideration of the Honorable
National Congress for constitutional purposes.
(Sgd.) César Gaviria Trujillo
The Minister of Foreign Affairs, Noemi Sanin
RUBIO. DECREES
:
ARTICLE 1o. To approve the "Exchange of Letters constituting the Agreement between Colombia and Brazil for the reciprocal exemption of double taxation in favor of maritime or airlines of both countries" signed in Bogota on June 28, 1971.
Article 2.
. In accordance with the provisions of article 1. 7a law. 1944, the "Exchange of Letters constituting the Agreement between Colombia and Brazil for the reciprocal exemption of double taxation in favor of maritime or airlines of both countries" signed in Bogota on June 28, 1971, that the first article of this law is approved, it will definitely force the country from the date the international link is perfect therefrom.

ARTICLE 3. This Law governs from the date of publication.
The President of the Senate of the Republic,
TITO EDMUND WHEEL GUARÍN.
The Secretary General of the Senate of the Republic,
PUMAREJO PEDRO VEGA.
The President of the Chamber of Representatives,
CÉSAR PÉREZ GARCÍA.
The Secretary General of the Chamber of Representatives, DIEGO VIVAS
TAFUR.
Republic of Colombia - National Government
communication and publication. Run
prior review by the Constitutional Court
accordance with Article 241-10 of the Constitution.
Given in Bogota, DC,
thirty (30) days of August
in 1993 (1993).
César Gaviria Trujillo

The Minister of Foreign Affairs, Noemi Sanin
RUBIO.
The Minister of Finance and Public Credit, RUDOLF HOMMES
RODRÍGUEZ.



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