1998 (December 24)
Official Gazette No. 43,460, of December 28, 1998
By establishing rules are issued in taxation and other tax provisions of the EntidadesTerritoriales dictate. Summary
THE CONGRESS OF COLOMBIA DECREES: CHAPTER I.
INCOME TAX ARTICLE 1o. NON-PROFIT ENTITIES.
Hereby added the Tax Code the following article:..
"Article 19.02 Other contributors income tax they are tax payers and additional income, the family compensation funds, funds of employees and trade associations, with respect to income generated in industrial, commercial activities and other investment of its assets financial activities other than those related to health, education, recreation and social development.
entities referred to in this article are not subject to presumptive income.
In the above terms, Article 19 of the Tax Code "is changed.
. PROFIT ON DISPOSAL OF SHARES. The second paragraph of Article 36-1 of the Tax Code shall read as follows:
"When the utility comes from the sale of shares of high or medium marketability and certified by the Superintendencia de Valores, made through a stock exchange, it does not constitute income or occasional profit. " Effective Jurisprudence
ARTICLE 3o. INTEREST DEDUCTION.
Article 117 of the Tax Code shall read as follows:
"Article 117. Deduction of interest Interest caused to entities subject to the supervision of the Banking Superintendency are fully deductible, subject to the provisions. the following article.
interest caused to other persons or entities, are only deductible in part not to exceed the highest rate has been authorized to charge banking establishments, during the respective taxable year or period, which will be certified annually by the Banking Superintendency systemically. "
. DEDUCTION FOR CONTRIBUTIONS TO PENSION FUNDS AND DISABILITY RETIREMENT AND unemployment funds.
Article 126-1 of the Tax Code shall remain as follows:..
"Article 126-1 Deduction for Contributions to Pension Funds Retirement and Disability Fund and Severance For purposes of income tax and complementary, are deductible contributions made by the sponsoring employers or entities, pension funds and retirement and disability severance. employer contributions to pension funds are deductible in the same fiscal year in which they made.
the required amount of contributions made by the employee or the employer to the pension fund retirement or invalidity will not make part of the basis for applying the withholding tax on wages and will be considered establishing a non-rental income or capital gains tax.
Jurisprudence Term voluntary contributions made by the employee or the employer, or independent participant contributions to pension funds retirement and disability , a pension fund that is Decree 2513 of 1987, private pension insurance and private pension funds generally will not make part of the basis for applying the withholding tax and will be considered as income not establishing income or occasional income, up to an amount added to the value of mandatory contributions from the worker, referred to in the preceding paragraph, does not exceed thirty percent (30%) of labor income or tax income for the year, as the case .
Withdrawals volunteers from income contributions were excluded from withholding tax, that are made to the general pension system, the pension funds referred to in Decree 2513 of 1987, private pension insurance and private pension funds in general, or the payment of income or pensions under such funds are a taxed to the contributing income and will be subject to withholding by the respective management company, if the withdrawal of the contribution or performance, or pension payment occurs without compliance with the following requirement of permanence:
the contributions, income or pensions are paid from contributions that have remained for a period of five (5) years in the funds or insurance listed in the preceding paragraph of this article, except in the case of death or disability entitling pension, duly certified in accordance with the legal system of social security.
Retention is due at source on the income from savings or insurance funds referred to in this article, in accordance with the general rules of withholding tax on financial returns, in the event that they are withdrawn without the requirement of permanence out above.
The contributions by way of severance pay, carried out by independent shareholders, will be deductible from income up to the amount of fifteen million nine hundred thousand pesos ($ 15.9 million), but shall not exceed one-twelfth of the taxable income of the respective year ( value base 1995 year).
PARAGRAFO 1o. Pension payments may have patterns immediate annuity, programmed retirement programmed with deferred retirement, annuity or any other form approved by the Banking Superintendency; however, members may, without retire, withdraw all or part of inputs and outputs. Pensions are paid in compliance with the requirement of residence mentioned in this article and withdrawals, partial or total, of inputs and outputs that meet this requirement staying shall be exempt from income tax and complementary.
PARAGRAFO 2o. Constitutes net income for the employer, the recovery of the amounts granted in one or more years or taxable periods as a deduction from gross income by voluntary contributions from it to pension funds and yields have been obtained, when no . place pension payments by the funds and resources are returned to the employer "
ARTICLE 5. ELIMINATION oF HERITAGE GROSS INCOME PRESUMPTIVE hereby added to the Tax Code following the 5th paragraph of Article 188:... | || "Paragraph 5O. ELIMINase from fiscal year 1999, the presumptive income gross heritage referred to this Article. "ARTICLE 6.
. DECREASE OF THE BASE FOR WITHHOLDING PAYMENTS TO THIRD him for food.
Hereby added Tax Statute the following article:
"Article 387-1. Decreased base retention payments to third parties for power. Payments made by employers on behalf of third parties, by way of feeding the worker or his family, or as a supply of food for them in themselves or others restaurants, as well as payments for the purchase of vouchers or tickets to purchase food worker or his family, are deductible for the employer and do not constitute income for the worker, but for the third supplying food or provides restaurant service, subject to the withholding tax that corresponds to the last head. The foregoing is without prejudice to the provisions on wages by the Labour Code.
When payments in the month for the benefit of the worker or his family, in the preceding paragraph, exceed the sum of two (2) monthly minimum wages, the excess constitutes taxable income of the employee, subject to retention the source for labor income. The provisions of this subsection shall not apply to expenses representing the companies, which are deductible for these.
For the purposes specified in this article, family is defined as worker, spouse or partner (a) permanent, children and parents of the worker. "
Article 7. ELIMINATION TAX EXEMPTION TO TAXPAYERS . WHO OWN dEBT oF tHE NATION
Article 218 of the Tax Code shall read as follows:
"Article 218. Interest, commissions and other payments for securities borrowing and external public debt. The payment of principal, interest, fees and other related operations of external public debt and the assimilated to these concepts shall be exempt from all taxes, fees, contributions and levies national, only when performed on people without residence or domicile in the country.
PARAGRAFO. Bonds issued in development of the authorizations granted by Decree 700 of 1992 (Colombia Bonds) and Resolution 4308 of 1994, continue to be governed by existing conditions at the time of issue. "Effective
|| Jurisprudence .. | ARTICLE 8. sTAMP tAX EXEMPTION
numeral 14 of Article 530 of the tax Code shall read as follows:
"Article 530. They are exempt from stamp duty. They are exempt from stamp duty:
14. Public credit operations, transactions treated as public credit operations, operations management and related public debt with previous performing state entities. "
Article 9. MECHANISM reinvesting profits.
Hereby added to Article 245 of the Tax Code the following on the 4th paragraph.
"Paragraph 4o. For purposes of the provisions of the third paragraph of this article and Article 320 of the Tax Statute, there reinvestment of profits and increased equity or net assets held in the country, simple maintenance of profits within the equity of the company ".
reinvesting profits. Hereby added Article 320 of the Tax Code with the following paragraph.
"Paragraph. For purposes of the provisions of the third paragraph of Article 245 and in this article, it is understood that there reinvestment of profits and increased equity or net assets held in the country, with simple maintenance profits within the equity of the company. "
ARTICLE 11. SETTING other assets NONMONETARY. Article 338 of the Tax Code shall read as follows:.
"Article 338. Setting other nonmonetary assets should generally be adjusted according to the PAAG, except for inventories and purchases of goods or inventory, all other non-monetary assets which have no special adjustment procedure, understood by such those goods or rights to acquire a higher nominal value demerit effect of the purchasing power of the currency. "
ARTICLE 12. NOTIFICATION FOR NOT make the adjustment.
Article 341 of the Tax Code shall read as follows:.
"Article 341. Notification to not make the adjustment Taxpayers of income tax and complementary, must notify the respective tax administrator, its decision not to make the adjustment referred to in this title, provided that they prove that the market value of the asset is at least lower than thirty percent (30%) of the cost that would result if the respective adjustment is applied. this notification must be made at least two (2) months prior to the date of expiry of the deadline to declare.
PARAGRAFO. for purposes of the provisions of this article, there will be no such information, in the case of non-monetary assets whose fiscal cost thirty-one (31) of December preceding the fiscal year adjustment, equal to or less than fifty million pesos ($ 50 million), provided that the taxpayer keep in their accounts certified by an expert on the market value of corresponding asset. "
ARTICLE 13. EFFECTS OF NO ADJUSTMENT.
The second paragraph of Article 353 of the Tax Code shall read as follows:
"When a non-cash asset has not been adjusted for inflation in the year, its net asset value shall be excluded for purposes of setting liquid assets. the provisions of this subsection shall not apply in the case of inventories ".
accounting purposes. Effective Notes
ARTICLE 15. SERVICES PROVIDED BY NON-RESIDENTS.
The second paragraph of Article 408 of the Tax Code shall read as follows:
"Payments or credits to account for consultancies, technical services and technical assistance provided by non-residents or persons not domiciled in Colombia are subject a withholding tax at flat rate of 10% by way of income tax and remittance, whether rendered in the country or from abroad. "
ARTICLE 16. EXEMPTION FOR withholding tax DERIVED credits abroad BY ASSET AUTONOMOS.
Numeral 5O. the literal a) of Article 25 of the Tax Code will read:
"the 5th The credits obtained outside national, foreign or joint ventures established in the country, and autonomous trust funds managed by companies established in the country. , whose activities are deemed of interest for economic and social development of the country, in accordance with the policies adopted by the National Council for economic and social Policy, Conpes. "
ARTICLE 17. EXCLUSION OF INCOME PRESUMPTIVE A entities supervised by the Banking Superintendency PROCESSES Takeover.
Hereby added to Article 191 of the Tax Code with the following paragraph:
"are also subject to presumptive income societies concordat or in liquidation, entities subject to the control and surveillance of the Banking Superintendency which they have been decreed the liquidation or have been the subject of takeover, on the grounds mentioned in subparagraphs a) or g) of Article 114 of the Organic Statute of the Financial system, or companies dedicated to mass transit by the subway system " .
ARTICLE 18. DEDUCTION OF SALES TAX PAID ON ACQUISITION OF FIXED ASSETS.
Hereby added the Tax Code the following article:..
"Article 115-1 Deduction of sales tax paid on the acquisition of fixed assets Legal persons and assimilated entitled to treat as tax deduction income, the sales tax paid on the acquisition or nationalization of capital goods, computer equipment, and transportation companies, in addition, transport equipment, in the statement of income and complementary for the year has made its acquisition or nationalization. in any case, motor vehicles and campers will result in the deduction provided in this article.
in the case of the acquisition of fixed assets subject to sales tax through the system leasing (leasing) requires that an option has been agreed irrevocably acquisition in the respective contract so that the lessee is entitled to the deduction referred to in this Article. In this event, the deduction may be requested only by the user of the respective asset, whether the contract has been subject to the procedure of paragraph 1o. or the procedure of paragraph 2o. of which Article 127-1 of the Tax Code.
For the purposes of this article are considered capital goods those capital assets that are capitalized in accordance with accounting standards, to be depreciated.
PARAGRAFO 1o. The sales tax paid on the acquisition of depreciable assets against which it is not from the provisions of this Article shall be part of the cost of the asset.
PARAGRAFO 2o. The legal persons Taxpayers under the first paragraph of Article 104 of Law 223 of 1995, tuvieren to the effective date of this Act, outstanding balances to apply as tax discount, corresponding to sales tax paid on acquisition or nationalization of assets, retain their right to apply in subsequent periods until exhausted, but in no case exceed five (5) taxable periods. "
Effective Decisions ARTICLE 19. EXEMPT UTILITIES . FIRMS AND COMMERCIAL NATIONAL STATE ORDER
the Tax Code is added with the following article:
"Article 211-2. exempt profits of industrial and commercial enterprises of the state of national order. The profits that are distributed to industrial and commercial enterprises of the State of national, shareholders of companies providing public utility of local, shall be exempt from income tax and complementary until 31 December 1999. "
Effective Legislation Jurisprudence Previous
ARTICLE 21. eXTRAORDINARY pOWERS tO REVISE tHE INTEGRATED SYSTEM ADJUSTMENTS fOR iNFLATION. Revístese of extraordinary powers to the national government for the term four (4) months from the entry into force of this Act, to amend or repeal the system of adjustments for inflation enshrined in Title V of the Tax Code.
to verify the correct exercise of powers granted, the Congress shall appoint four (4) members of the Economic Commissions, which will be consulted prior to and permanent issuing decrees develop the powers provided for in this Article.
The National Government will convene during the period duration of the powers granted to at least four (4) public hearings in order to hear the opinions unions, businessmen and experts in the tax issue to express the type of amendments to be made in the relevant decrees.
The Government in exercising its powers may not modify aspects inflation adjustments approved by this law.
ARTICLE 22. AUDIT BENEFIT FOR INCOME TAX AND TAXABLE YEAR SUPPLEMENTARY 1998.
hereby added the Tax Code the following article:
"Article 689-1. Benefit audit for fiscal year 1998. The private liquidation of fiscal year 1998 of taxpayers income tax and supplementary increase their net income tax at a minimum rate of thirty percent (30%) compared to net income tax in the fiscal year 1997 will be firmly within six (6) days following its timely submission months, provided that canceled the value to charge for this effect within the time limits are designated for the purpose. this term firmness shall not apply in relation to private sales of sales tax and withholding tax, corresponding to the periods in 1998, which is governed in this regard so under articles 705 and 714 of the tax Code.
paragraph. the provisions of this Article shall not apply to taxpayers of the Special tax Regime, nor to taxpayers who are the subject of the benefits embodied in tax matters income for the area of the Páez Law in the Laws 218 1995 and 383 1997 and businesses of public utilities in Article 211 of the Tax Code. "
ARTICLE 23. TAX INCENTIVE TO LONG-TERM SAVINGS FOR BUILDING CONSTRUCTION.
Hereby added the Tax Code the following article:..
"Article 126-4 Incentive long-term savings for building construction Monies allocated worker to long-term savings in savings accounts called "Savings Promotion of Construction - AFC -" not made part of the basis for applying the withholding tax and will be considered as a not constitute rental income or occasional earnings up to an amount not to exceed thirty percent (30%) of their labor income or tax income for the year.
savings accounts "AFC" should operate in banks engaged in mortgage loans and savings and housing corporations.
the retreat resources savings accounts "AFC" no later than five (5) years from the date of entry, will mean that the worker loses the benefit and that are made, by the respective financial institution, withholding initially unrealized.
Retention is due at source on income on savings accounts "AFC", according to the general rules of withholding tax on financial returns, in the event that they are withdrawn without the requirement staying out above.
The funds raised through savings accounts "AFC" may only be used to finance mortgage loans or investment portfolio securitization originated in house purchase. "Article 24.
. The Article 360 of the Tax Code shall read as follows:
"Article 360. Authorization to use additional for investment deadlines. In the case of programs whose implementation requires additional time limits referred to in Article 358, or in the case of permanent assignments, the entity must have the approval of the General Assembly or the governing body in its stead. "
|| | ARTICLE 25. tAX DISCOUNT fOR jOB CREATION
hereby added the tax Code the following article:
"Article 250. tax Discount job creation.. Taxpayers of income tax may request a tax reduction equivalent to the amount of expenses for salaries and benefits canceled during the year, corresponding to the new direct jobs generated in their income-generating activity and up to an amount maximum of fifteen percent (15%) of net income tax of the respective period.
This discount will only be appropriate if the number of new jobs created during the year exceeds by at least five percent (5%) the number of workers in their service to thirty one (31) of December of the year immediately previous. To qualify the discount, the employer must comply with each of the obligations relating to social security for all workers of the company, including those for the new jobs. In addition, workers who are engaged in these jobs must be bound by at least one (1) year. New workers
linking the taxpayer through temporary employment companies, shall not entitle the benefit here established.
The new companies formed during the period may only enjoy the benefit provided in this article, from immediately following the first year of its existence taxable period.
When the tax administration determines that has not met the requirement of effective generation of new jobs that sustain the discount included in the respective private settlement or the minimum bonding time new workers, the taxpayer does not you can reapply any discount for this item, and will be subject to a penalty equal to two hundred percent (200%) of the value of unfair benefit. This penalty will not be subject to reduction due to the correction of the statement made by the taxpayer.
The greatest value of wages and social benefits that are canceled during the year for the new jobs that can not be treated as a discount under the limit specified in the first paragraph of this article may be requested as a deductible expense. In any case, the values taken as discount may be treated as deduction.
PARAGRAFO 1o. The tax rebate provided herein are not subject to the limit established in the second paragraph of Article 259 of the Tax Code.
PARAGRAFO 2o. The benefit to which this article refers will not be coming when workers who join the new jobs generated, they have worked during the year of his contract and / or the year immediately preceding it, in companies with which the taxpayer has links economic. "
ARTICLE 26. BENEFITS fOR NEW LAW PAEZ tERRITORIAL eNTITIES CREATED iN YOUR AREA COVERAGE.
the territorial entities that form derived from those indicated in the Laws 218 of 1995 and 383 1997 will have the same benefits that address the laws mentioned, when the limits of the original territorial areas are maintained.
ARTICLE 27. EXEMPTION fOR BONUSES AND / OR ALLOWANCES iN RETIREMENT PROGRAMS PUBLIC ENTITIES. || | be exempt from income tax rebates and / or compensation received by public servants under retirement programs staff of national public entities, departmental, district and municipal ". Effective Jurisprudence
ARTICLE 28. TAXATION REGIME UNIFIED (RUI) FOR SMALL TAXPAYERS. Effective Jurisprudence
ARTICLE 29. CONTRIBUTIONS OF STATE ENTITIES, SURCHARGES AND TAXES FOR PUBLIC FINANCING SYSTEMS SERVICE mass transit.
Hereby added the Tax Code the following article:
"Article 53. Contributions of State Entities, surcharges and taxes to finance public service systems of mass transit transfers of resources, liabilities and replacement. other contributions that make the Nation or local authorities, as well as surcharges, taxes and other levies intended to finance systems of urban public service of mass transit, under the terms of Law 310 of 1996, do not constitute income or occasional gain, head of the beneficiary. "
Article 30. Amend Article 249 of the Tax Code as follows: Article 249.
DISCOUNT FOR DONATIONS. From the effective date of this law, taxpayers income tax may deduct from income tax and supplementary charge, sixty percent (60%) of the donations that have been made during the taxable year to the institutions public or private higher education, approved by the Colombian Institute for the Promotion of higher education, ICFES, which are institutions, non-profit, and public and private institutions approved by the competent educational authorities dedicated to formal education, are non-profit entities.
With the proceeds from such donations institutions of higher education shall constitute an Endowment Fund, whose yields are used exclusively to finance the enrollment of low-income students whose parents show that they have income of more than four (4) wages monthly minimum force and education projects, science and technology.
With the proceeds from such donations, official and dedicated to formal basic education, institutions shall constitute an Endowment Fund, whose yields are used exclusively to finance pensions tuition and low-income students whose parents demonstrate that there revenues have more than four (4) existing minimum wages; education projects; the training of teachers and administrative staff; the creation and development of schools Parents and development objectives enshrined in its statutes.
This discount may not exceed thirty percent (30%) of basic income tax and complementary to the respective tax year.
PARAGRAFO. Taxpayers may deduct on income tax 60% of the donations that have been made during the taxable year to associations, corporations and foundations nonprofit allocate exclusively, its resources to building, adequacy or provision of schools or hospitals, which are included within the national, departmental and municipal systems of education, or health. "
Article 31. Article 125 of the Tax Code shall read as follows .:
" Article 125. deduction for donations. Taxpayers of income tax they are required to submit declarations of income and complementary within the country, they are entitled to deduct from income the value of donations made during the year or taxable period, to:
1. The entities mentioned in Article 22 and
2. Associations, corporations and foundations, nonprofit, whose corporate purpose and activity correspond to the development of health, education, culture, religion, sports, scientific and technological research, ecology and environmental protection, defense , protection and promotion of human rights and access to justice or social development programs, as long as the same are of general interest.
The value to be deducted for this concept, in no case shall exceed thirty percent (30%) of the taxpayer's net income, determined before subtracting the value of the donation. This limitation shall not apply in the case of donations made to mixed funds promotion of culture, sport and the arts that are created at the departmental, municipal and district levels, the Colombian Institute of Family Welfare ICBF to fulfill their service programs the child and the family, or in the case of grants to higher education institutions, research centers and higher learning to fund research programs, technological, scientific innovations and social sciences productivity improvement, with the approval of these programs by the National Council of Science and Technology.
Article 32. Cash donations receive natural or legal persons involved in the implementation and development of projects approved by the Multilateral Fund of the Montreal Protocol, through any multilateral implementing agency, bilateral or shall be exempt from class taxes, fees, contributions or charges the national level.
Article 33. In the case of a gift of property and equipment to be delivered to beneficiaries in exchange for similar equipment that have come to be used in the production of goods that use or contain substances controlled under the Montreal Protocol, the tax exemption will only be recoverable from the difference between the donated value and the market value of the asset or equipment being used.
ARTICLE 34. To proceed to the recognition of exemption from donations dealt with in Article 32 certified by the Ministry of Environment is required, stating the name of the natural or legal beneficiary, the form of donation, the amount thereof or the value of goods or donated equipment and identification of the project or program concerned.
ARTICLE 35. Natural or legal persons involved in the implementation and development of projects by the Multilateral Fund of the Montreal Protocol, may benefit from exemption only once.
ARTICLE 36. INTEREST DEDUCTION ON HOUSING LOANS FOR ACQUISITION.
The clause 2o. Article 119 of the Tax Code shall read as follows:
When the home loan was purchased in units of constant purchasing power, the deduction for interest and monetary correction for each taxpayer is limited to the equivalent value to the first four thousand five hundred fifty-three (4,553) units of constant purchasing power UPAC, the respective loan. Such deduction shall not exceed annually the equivalent value of one thousand (1,000) units of constant purchasing power.
Article 37. Paragraph 1o. Article 126-2 of the Tax Code shall read as follows .:
ARTICLE 126-2. Deduction for donations made to the Corporation General Gustavo Matamoros D'Costa. Taxpayers who make donations to the Corporation General Gustavo Matamoros D'Costa and foundations and organizations dedicated to the defense, protection and promotion of human rights and access to justice are entitled to deduct from income, 125% value of donations made during the taxable year.
Hereby added Article 38. Article 11 of the Tax Code, with the following paragraph:
costs ordinary, extraordinary or late payment financing other than current or default interest paid by taxes, fees or tax or payroll contributions will be income deductible if they have a causal link with income-generating activity, and other than the contribution provided for in Legislative Decrees of 1998. Economic Emergency
39. Article 87 is added to Article of the Tax Code with the following paragraph:
CLAUSE: The provisions of this Article shall apply to municipal and district councilors.
Article 40. Income received regional organizations Television and Audiovisual company information, by the National Television Commission, for encouragement and promotion of public television, they do not constitute income or occasional earnings.
Therefore exempt value must be transferred to the Regional Organizations of Television and Audiovisual company information. In no case may stay in the National Television Commission. Effective Notes
Article 42. The benefits set out in Articles 126-1 and 126-4 of the Tax Code may not concurrently be requested by employees. Editor's Notes
CHAPTER II. SALES TAX
ARTICLE 43. ASSETS NOT CAUSING THE TAX.
Article 424 of the Tax Code shall read as follows:
"Article 424. Goods that do not cause tax The following goods are excluded from the tax and therefore their sale or importation does not cause the sales tax to.. Nandina this purpose the existing tariff nomenclature is used: 01.01
horses, asses, mules and hinnies
01.02 live animals of the bovine species, including buffalo gender, excluding bulls
01.03. live animals swine
live animals 01.04 sheep or goats
01.05 Roosters, chickens, ducks, geese, turkeys (turkeys) and painted, of domestic species, live
01.06 other animals living
02.01 Meat of bovine animals, fresh or chilled
02.02 Meat of bovine animals, frozen
02.03 Meat of swine, fresh, chilled or frozen.
02.04 Meat of sheep or goats, fresh, chilled or frozen. 02.06
Edible offal of 02.07 Meat and edible offal of poultry of heading 0105, fresh, chilled or frozen.
03.02 Fish, fresh or chilled, excluding fish fillets and other fish meat of heading 0304
03.03 Fish, frozen, excluding fish fillets and other fish meat of heading 0304
03.04 Fish fillets and other meat fish (whether or not minced), fresh, chilled or frozen
04.01 Milk and cream (cream), not concentrated, not containing added sugar or other sweetening matter otherwise
04.02.10.10.00 Milk and cream (cream) concentrated or containing added sugar or other sweetening matter, in powder, granules or other solid forms, with a fat content exceeding 1.5% fat by weight, in immediate packings of not exceeding 2.5 kg net content.
04.06.10.00.00 fresh cheese (unripened)
04.07.00.90.00 eggs, in shell, fresh
06.01 Bulbs, tubers, tuberous roots, corms, crowns and rhizomes, dormant, in growth or in flower; chicory plants and roots other than roots of heading 07.01 No.12.12
Papas (potatoes) fresh or chilled 07.02
fresh or chilled tomatoes
07.03 Onions, shallots, garlic, leeks and other vegetables (including wild) alliaceous vegetables, fresh or chilled 07.04
Coles, including cabbages, cauliflowers, kohlrabi, kale and similar edible brassicas, fresh or chilled
07.05 Lettuce (lactuca sativa) and chicory, including escarole and endive (cichorium spp.), fresh or chilled
07.06 Carrots, turnips, salad beetroot, salsify, celeriac, radishes and similar edible roots, fresh
07.07 or chilled cucumbers and gherkins fresh or chilled 07.08
vegetables (including wild) pod, unshelled, fresh or chilled 07.09
other vegetables (including wild), fresh or chilled 07.10
vegetables (including wild) uncooked or cooked in water or steamed, frozen
07.11 vegetables (including wild) provisionally preserved (for example by sulfur dioxide gas, in brine, in sulfur water or in other preservative preservative) but unsuitable for immediate consumption 07.12
vegetables (including wild) dry, well chopped or sliced or crushed or ground, but not further prepared 07.13
vegetables (including wild) dried leguminous vegetables, shelled, though they are skinned or split 0714 roots
cassava (manioc), arrowroot, salep, Jerusalem artichokes (patacas), sweet potatoes (yams, sweet potatoes) and similar roots and tubers with high starch or inulin content, fresh, chilled, frozen or dried, sliced or in "pellets"; sago pith
08.01.19.00.00 Fresh Coconuts 08.02 Other nuts, fresh or dried, shelled or peeled 08.03
Bananas, fresh or dried
08.04 Dates, figs , pineapples (ananas), avocado (avocado), guavas, mangoes and mangosteens, fresh or dried and processed food products based handcrafted guava
08.05 Agrios (citrus) fresh or dried 08.06 Grapes
, fresh or dried, raisins
08.07 Melons, watermelons and papayas, fresh
08.08 Apples, pears and quinces, fresh apricots
08.09 (apricots, apricots), cherries, peaches (peaches) (including prune and nectarines), plums and sloes, fresh
08.10 other fruit and nuts, fresh
09.01 Coffee, whether roasted or decaffeinated; coffee husks and skins; coffee substitutes containing coffee in any proportion, including soluble coffee.
10.01 Wheat and meslin (meslin)
10.02 Rye 10.03 Barley 10.04 Oats
10.06 10.05 Corn Rice Sorghum
10.07 10.08 Buckwheat, millet and canary seed;
other cereals 11.01 Wheat or meslin (meslin)
11.02 Other cereal flours
11.08 Starches 11.07 Malta (barley or other grains), whether or not roasted
11.09 Wheat gluten, whether or not dried soy beans 12.01
sowing seeds 12.09 12.09 .99.90.00 seeds for sugar cane sugar cane 12.12.92.00.00
16.01 Sausages and similar products, of meat, offal or blood, food preparations based on these products 16.02 preparations
other prepared or preserved meat, meat offal or blood.
16.04 Canned tuna and canned sardines
17.01 Cane or beet sugar syrups
17.02.30.20.00 17.02.30.90.00 17.02.60.00.00 Other
Other fructose and fructose syrup, fructose, containing in the dry state more than 50% by weight glucose syrups 17.02.40.20.00
17.03 Molasses from the extraction or refining of sugar 18.01
Raw cocoa beans 18.03 Cocoa mass or breads (cocoa mass), even scoured
18.05 Cocoa powder, unsweetened 18.06
Chocolate and other food preparations containing cocoa except chewing gums, chocolates , sweets, candies and chocolates
maternizada 19.01.10.10.00 or 19.02.11.00.00
humanized Milk uncooked pasta, not stuffed or otherwise prepared, containing eggs
19.05 other bakery, pastry, unfermented cocoa
22.01 Waters, including bottled water, natural or artificial mineral waters and aerated waters, unsweetened or sweetened or flavored otherwise; ice and snow.
23.09 Preparations of a kind used for feeding animals 24.01
Snuff in or unmanufactured;
waste snuff 25.01 Salt (including table salt and denatured salt) and pure sodium chloride, whether or not in aqueous solution or containing added anti-caking agents or agents to ensure good fluidity; seawater.
27.01 Coal, briquettes, ovoids and similar solid fuels made from coal.
27.02 Lignite, whether or not agglomerated, excluding jet.
27.03 Peat (including peat litter) and their agglomerates.
27.04 Coke, semicoke of coal, lignite, peat pellets or not
27.09.00.00.00 Petroleum oils and oils obtained from bituminous minerals
Electricity 27.16 29.36 Provitamins and vitamins, natural or reproduced by synthesis (including natural concentrates), derivatives thereof used primarily as vitamins, mixed or unmixed or any solvent.
29.41 Antibiotics 30.01 Glands and other organs for organo-therapeutic, uses dried, whether or not powdered; extract glands or other organs or their secretions for organo-therapeutic uses; heparin and its salts; other human or animal substances prepared for therapeutic or prophylactic uses, not elsewhere specified or included elsewhere.
3002 Human blood; animal blood prepared for therapeutic uses, prophylactic or diagnostic; antisera (serum antibody), other blood fractions and modified immunological products, whether or not obtained by biotechnological processes; vaccines, toxins, cultures of microorganisms (excluding yeasts) and similar products.
30.03 Medicaments (excluding goods of heading Nos. 3002, 3005 or 3006) consisting of mixed together for therapeutic or prophylactic uses, not in measured doses or put up for retail.
30.04 Medicaments (excluding goods of heading 3002, 3005 or 3006) consisting of mixed or unmixed products for therapeutic or prophylactic doses or put up for retail uses.
30.05 Wadding, gauze, bandages and similar articles (for example, dressings, adhesive plasters, poultices), impregnated or coated with pharmaceutical substances or put up for retail for medical, surgical, dental or veterinary purposes 3006
pharmaceutical goods specified in Note 4 of this chapter
31.01 Guano and other natural fertilizers of animal or vegetable origin, even mixed together, but not chemically processed concerns.
31.02 Mineral fertilizers or chemical nitrogen.
31.03 Mineral or chemical fertilizers, phosphatic.
31.04 Mineral or chemical fertilizers, potassic.
31.05 Other fertilizers; products of this title are presented in tablets, lozenges and similar forms or in packages of a maximum of ten (10) kilograms gross weight. Pesticides and insecticides 38.08
Tires for tractors 40.11.91.00.00 40.14.10.00.00 48.01.00.00.00 Condoms Newsprint
48.18.40.00.00 compresses and sanitary napkins, baby diapers and similar hygienic articles.
49.02 Newspapers and periodicals, whether or not illustrated
52.01 Cotton fibers 56.01.10.00.00 Sanitary towels and tampons, baby diapers and similar sanitary articles, of wadding 59.11 Packaging Jute
, hemp and sisal
63.05 Sacks and bags of jute, hemp and sisal
68.15.20.00.00 compresses and sanitary napkins, baby diapers and similar sanitary articles of peat. 71.18.90.00.00
legal tender coins 82.01 spades, agricultural tools
84.07.21.00.00 hand. Outboard motors, up to 115 HP. Engines more power to 115 HP are not excluded.
84.08.10.00.00. Center diesel engines up to 150 HP. More powerful engines 150 HP not excluded.
84.09.91.91.00 Equipment for converting the fuel system of motor vehicles for operation with fuel gas pumps
184.108.40.206.00 air or vacuum pumps, air compressors or other gas compressors and fans; hoods or recycled, with built-in fan, even with filter, less than 30 kW (40 HP)
220.127.116.11.00 pumps air or vacuum pumps, air compressors or other gas compressors and fans power; hoods or recycled, with built-in fan, even with filter, greater than or equal to 30 kW (40 HP) and less than 262.5 kW (352 HP)
18.104.22.168.00 power or air pumps vacuum, air compressors or other gas compressors and fans; hoods or recycled, with built-in fan, even with filter, exceeding 262.5 kW (352 HP) power
84.34.10.00.00 84.33.20.00.00 mowers Milking
8713 agricultural tractors and wheel chairs invalid carriages
87.13.10.00.00 wheel chairs without propulsion mechanisms
87.14 Parts and accessories corresponding to wheelchairs and invalid carriages of headings 87.13 and 87.14 90.01.30.00.00
90.01.40 Contact lenses Glass lenses for glasses
90.01. 50.00.00 lenses of other materials
90.21 orthopedic appliances and disabled
22.214.171.124.00 Suppliers with electronic dispenser for compressed natural gas
9301 military weapons, other than revolvers, pistols and knives | || 96.09.10.00.00 writing and coloring pencils
- CalyCanto Bricks and blocks, clay and based on cement, clay blocks silvocalcárea
They are excluded from sales tax Braille printers, estereotipadoras Braille, Braille lines, Braille strips, braille arithmetic and drawing boxes, intelligent reading machines, manual or mechanical elements of writing Braille, as well as articles and orthopedic appliances, prostheses and prosthetic articles; all for use by persons, hearing aids and other appliances which are worn itself, or implanted in the body to compensate for a defect or disability and canes for the blind even though they are equipped with technology, content under tariff heading 90.21.
Also be excluded female contraceptive devices for use, cotton seed and the fruit of the palm.
PARAGRAFO 1o. The importation of goods under this Article shall be taxed with an equivalent to the general tax rate the implicit average sales in the cost of production of goods of the same kind of domestic production rate, except for those products whose tender is insufficient to meet domestic demand.
For purposes of settlement and payment of sales tax on imports of such goods, the Government must publish the tax base referred to in the preceding paragraph applicable to imports of each well, taking into account the composition in its domestic production.
Nor shall apply the provisions of this paragraph to the import of electricity, petroleum fuel, propane or natural gas, and goods of heading 27.01, 27.02 and 27.03. Effective Jurisprudence
PARAGRAFO 2o. Raw materials destined for the production of medicines of positions 29.36, 29.41, 30.01, 30.03 and 30.04 shall be excluded from VAT.
ARTICLE 44. GOODS AND SERVICES PLEDGES TO THE RATE OF TEN PERCENT (10%).
Hereby added to the Tax Code the following article:..
"Article 468-1 Goods and taxed at the rate of ten percent (10%) services
From the first of January 1999 will be taxed with the rate of ten percent (10%) soaps, and products falling under the following tariff headings: 04.05.10.00.00 Butter
15.01 Lard, other pig fat and fat. bird, rendered whether or not pressed or solvent-extracted.
15.02 fat of bovine animals, sheep or goats, raw (raw fat) (added Law 223/95, art. 2)
15.03 stearin solar, lard oil, oleostearin, oleo-oil and tallow, not emulsified or mixed or otherwise prepared.
15.04 Fats and oils, of fish or marine mammals, and their fractions, whether or not refined, but not chemically modified.
15.06 other animal fats and oils and their fractions, whether or not refined, but not chemically modified.
15.07 Soybean oil (soybean) and its fractions, whether or not refined, but not chemically modified.
15.08 Oil peanuts and its fractions, whether or not refined, but not chemically modified.
15.11 Palm oil and its fractions, whether or not refined, but not chemically modified.
15.12 Sunflower-seed, safflower or cottonseed oil, and fractions thereof, whether or not refined, but not chemically modified.
15.13 Coconut (copra), palm kernel or babassu oil and fractions thereof, whether or not refined, but not chemically modified.
15.14 colza oils (turnip), colza or mustard oil and its fractions, whether or not refined, but not chemically modified.
15.15 Other fixed vegetable fats and oils (including jojoba oil) and their fractions, whether or not refined, but not chemically modified.
15.16 Fats and oils, animal or vegetable, and their fractions, partly or wholly hydrogenated, esterified or elaidinised, whether or not refined, but not otherwise prepared.
15.17 Margarine; mixtures or preparations of fats or oils, animal or vegetable or of fractions of different fats or oils of this Chapter, other than edible fats or oils or their fractions of heading No. 15.16.
Air passenger transport is taxed at the rate of ten percent (10%) except that bound or origin of domestic routes where there is no organized land transport.
The tickets purchased for use on the following dates shall not be subject to VAT: 20 to 31 December, 1o. January 10, Easter, June 20 to July 10, as long as the conditions set out in the regulations are met. The airlines will charge the user the value of VAT, when the airline ticket purchased with the benefit mentioned in the preceding paragraph is used in a different from the date provided for therein.
Advertising services will be taxed at the rate of 10% until 2000 and from 2001 to current at the date of the 1st overall rate. from January.
Be exempt from this rule to newspapers to record advertising sales in December 1998 to less than 31 three billion pesos ($ 3.000.000.000) (value base year 1998) which will be excluded.
Likewise assessment are exempt from VAT advertising radio stations whose sales are less than $ 500 million pesos as of December 31, 1998 (base year 1998 value) and broadcasters of regional television channels whose sales are lower to $ 1,000 million pesos as of December 31, 1998 (base year 1998 value). Those exceeding this amount shall be governed by the general rule.
PARAGRAFO 1o. The exclusions provided for in this article to companies that arise from the division of companies that before the issuance of this law conform a single company or new companies whose parent or dominant company believe not apply be taxed with VAT with this concept.
Paragraph 2. Those responsible for the sales tax on products which this article refers to as discount may treat the entire sales tax that recorded in the respective invoices or equivalent document of goods and services which constitute . cost or expense of the encumbered assets. "
.ARTICULO 45. tAXABLE BASE iN iMPORTS
Article 459 of the Tax Code shall read as follows:
" Article 459. taxable base in imports. The tax base on which the sales tax in the case of imported goods is settled, it will be the same as that taken into account to settle customs duties, value added with this assessment. "
|| . | ARTICLE 46. GENERAL RATE sALES tAX
Article 468 of the tax Code shall read as follows:
"Article 468. General rate sales tax. The overall rate of sales tax is sixteen percent (16%). From the first of November 1999 this rate will be fifteen percent (15%). This rate also applies to services, except those expressly excluded. Also the general rate shall apply to goods to which Articles 446, 469 and 474.
PARAGRAFO. The directories will be taxed at the general rate of sales tax.
ARTICLE 47. RATES FOR MOTOR VEHICLES.
Article 471 of the Tax Code shall read as follows:
"Article 471. Fees for motor vehicles Goods motor vehicles of headings 87.02, 87.03 and 87.04 of the customs tariff, are subject to the rate of thirty-five. percent (35%) in import and sale by the importer, producer or marketer or where they may be the result of the service is the paragraph of Article 476. motor vehicles referred to in Article 469 excepted that are subject to the general rate, motor vehicles listed in the third paragraph of this article, which are subject to the rate of twenty percent (20%), and those mentioned in the fourth paragraph of this article that are taxed at the rate forty-five percent (45%).
in addition, they are subject to this rate of thirty-five percent (35%) and motorcycles imported motorcycles, campers imported whose FOB value exceeds thirty thousand US dollars North America (US $ 30,000), the chassis cabs of heading 87.04, the chassis with engine 87.06, the bodies (including cabs) of heading 87.07, as long as one and the other to motor vehicles subject intended to the rate of thirty-five (35%); also, the air aircraft operating without propulsion machinery of heading 8801 and private service air aircraft, and imported pleasure boats and sport heading 89.03.
They are subject to the special rate of twenty percent (20%) the following assets:
A) vehicles for the transport of persons vehicles, with 1,400 cc engine to manufactured or assembled in the country, other than those referred to in Article 469 of the Tax Code, manufactured or assembled in the country and camperos camperos imported whose FOB value not exceeding thirty thousand dollars of North America (US $ 30,000);
B) Vehicles for the transport of goods of heading 87.04, a gross vehicle weight of less than ten thousand (10,000) pounds American;
C) chassis with engine 87.06 and bodies (including cabs) of heading 87.07, as long as one and the other intended for vehicles outlined in the previous two literal;
D) Motorcycles and motorbikes manufactured or assembled in the country with over 185 engine cc;
E) Pleasure boats and sport heading 89.03 manufactured or assembled in the country.
Are subject to the special rate of forty-five percent (45%) motor vehicles for private use, whose FOB value is equal to or greater than forty thousand (US $ 40,000) dollars in North America.
PARAGRAFO 1o. For purposes of sales tax is meant by "cage" vehicles with four-wheel drive, features manual or automatic low and minimum height of the housing back down 200 mm differential, whether the chassis it is independent or not of the body. When those responsible have been settled and charged a higher current than twenty percent (20%) rate, there will be no place for tax refund. Effective Jurisprudence
PARAGRAFO 2o. The air aircraft teaching up to two squares and manufactured in the country will pay the general rate "
Article 48. EXCLUDED SERVICES SALES TAX
Article 476 of the Tax Code shall read as follows:.. | || "Article 476. Services excluded from sales tax. Exempt from the tax the following services:
1. Medical, dental, hospital, clinical and laboratory to human health services.
2. The service, land, river and sea public transport of persons in the country, and national and international public or private transportation of sea, river, land and air cargo. Similarly, the transport of gas and hydrocarbons are excepted.
3. Interest and financial income from credit operations, provided they are not part of the tax base referred to in Article 447, the fees received by trusts for the administration of mutual funds, commissions received by stockbrokers by the fund management, securities, and securities trading, leasing (leasing), management services of state funds and services related to social security in accordance with the provisions of Law 100 of 1993. Also they are exempted from the fees paid by placement of life insurance and capitalization certificates. Commissions received by investment management companies.
4. Power utilities, water and sewage, street cleaning, garbage collection and residential gas either piped or distributed in cylinders. In the case of local telephone service, they are excluded from tax the first two hundred fifty (250) monthly pulses billed to strata 1 and 2 and the telephone service provided from payphones.
5. Service real estate leasing, and the leasing of space for exhibitions, fairs, and national craft shows.
6. Education services provided by pre-school, elementary, middle and middle, high and special or non-formal education, recognized as such by the government, and education services provided by natural persons to such establishments. They are also excluded the following services provided by educational establishments which this paragraph refers restaurant, cafeteria and transportation, as well as developing rendered Laws 30 of 1992 and 115 of 1994.
7. Grooming services, the surveillance approved by the Superintendency of Private Security and temporary employment services when rendered by persons authorized by the Ministry of Labour and Social Security enterprises or by the competent authority.
8. Health plans the general social security health, issued by the legally authorized by the National Health entities, the services provided by the managers within the regime of individual saving with solidarity, and average premium with defined benefit plans, the services provided by the Professional Risk Managers and insurance and reinsurance for disability and survivors contemplated within the regime of individual saving with solidarity, that Article 135 of Law 100 of 1993.
9 concerns. Social services workers clubs or sports.
10. Storage of agricultural products by bonded warehouses.
11. Entry ballots cinema, sports, cultural events, including music and family recreation, and entertainment bull, horse and dog.
12. The following services, provided it is intended to land improvement, the agricultural and fisheries production and marketing of the respective products:
a) The irrigation dedicated to the farm land;
B) Design of irrigation systems, installation, construction, operation, management and conservation;
C) The construction of reservoirs for agricultural activity;
D) The preparation and planting land clearing;
E) control of pests, diseases and weeds, including aerial and ground spraying of crops;
F) The cut and mechanized harvesting of agricultural products;
G) The cotton ginning, threshing and drying of agricultural products;
H) sorting, grading and packaging of agricultural products without industrial processing;
I) Technical assistance in the agricultural sector;
J) The capture, processing and marketing of fishery products;
K) The weighing and renting fairs pens cattle and sheep;
M) The construction of drainage for agriculture;
N) The construction of ponds for fish farming;
O) animal health programs;
P) for drilling deep water extraction wells;
Q) Users of the services excluded by this paragraph shall issue a certificate to the supplier of services, in stating the destination, the value and the name and identification. Who provides the service must retain such certification during the period prescribed in Article 632 of the Tax Code, which will serve as support for the exclusion of services.
13. Services and commissions directly related to negotiations voceadas products of agricultural origin that are made through bags legally constituted agricultural products.
14. Funeral services, cremation, burial and exhumation, rental and maintenance of graves and mausoleums.
15. Accommodation services provided by hotels or lodging establishments, duly registered in the National Registry of Tourism, different from that provided by the motels.
16. Brokerage commissions for placing health plans the general system of social health issued by the legally authorized by the National Health entities, which are not subject to Sales Tax.
17. The charges for the use of credit and debit cards.
PARAGRAFO. In cases of manufacturing jobs, manufacturing or construction of tangible property, carried out on behalf of others, including those destined to become property by accession, with or without supply of raw materials, whether involving obtaining the final product or constituting a stage of manufacture, processing, construction and commissioning conditions of use, the applicable rate is corresponding to the good resulting from the service. "