Key Benefits:
488 OF 1998
(December 24)
Official Journal No. 43,460 of 28 December 1998
For which tax rules are issued and other tax provisions of the Territorial Entitiesare issued.
COLOMBIA CONGRESS
DECRETA:
INCOME TAX
ARTICLE 1o. NON-PROFIT ENTITIES.
Add the Tax Statute with the following article:
" Article 19-2. Other income tax payers. They are income tax and complementary tax payers, family compensation boxes, employee funds and union associations, with respect to income generated in industrial, commercial and business activities. Financial resources other than the investment of their assets, different from those related to health, education, recreation and social development.
The entities referred to in this article are not subject to presumptive income.
In the above terms, article 19 of the Tax Statute is amended. "
ARTICLE 2o. UTILITY IN DIVESTITURE OF SHARES. The second paragraph of article 36-1 of the Tax Statute will be as follows:
"When the utility comes from the disposal of shares of high or medium-value stock, certified by the Superintendency of Securities, made through a stock exchange, it is not income or occasional gain."
ARTICLE 3o. INTEREST DEDUCTION.
Article 117 of the Tax Statute will be as follows:
" Article 117. Deduction of interest. The interest that is caused to entities subject to the supervision of the Banking Superintendency is deductible in its entirety, without prejudice to the provisions of the following Article.
Any interest that is caused to other persons or entities is only deductible in the party that does not exceed the highest rate that has been authorized to be charged to the banking establishments, during the respective year or taxable period, which shall be certified annually by the Banking Superintendence, by general. "
Article 126-1 of the Tax Statute will be as follows:
" Article 126-1. Deduction of Contributions to Retirement and Invalidity Pension Funds and Cesantia Funds. For the purposes of income tax and supplementary income tax, the contributions made by the sponsoring or employer institutions, to the pension and invalidity pension funds and to the cessation of unemployment are deductible. The contributions of the employer to the pension funds will be deductible in the same tax term in which they are made.
The mandatory amount of contributions made by the worker or employer to the retirement or invalidity pension fund shall not be part of the basis for applying the withholding tax for wages and shall be considered as a non-constitutive income. of rent or occasional gain.
The voluntary contributions made by the worker or employer, or contributions from the independent participant to the pension and invalidity pension funds, to the pension funds in question on Decree 2513 of 1987, to private insurance pension funds and private pension funds in general, will not be part of the basis for applying the withholding tax and will be considered as a non-constitutive income or occasional gain, up to a sum that is added to the value of the compulsory contributions by the worker, in respect of the preceding paragraph, not exceeding 30% (30%) of the income or tax income of the year, as the case may be.
The withdrawals of voluntary contributions from income that were excluded from the source, which are made to the general pension system, to the pension funds in question on Decree 2513 of 1987, to private insurance pensions and private pension funds in general, or the payment of income or pensions from such funds, constitute a taxable income for the person who is contributing and will be subject to withholding tax on the part of the respective company administrator, if the withdrawal of the contribution or performance, or the payment of the pension, occurs without the fulfillment of the next persistence requirement:
That the contributions, income or pension, be paid from contributions that have remained for a minimum period of five (5) years, in the funds or insurance listed in the previous paragraph of this article, except in the case of death or incapacity for entitlement to a pension, duly certified in accordance with the statutory social security scheme.
The source of the source of the income is caused by the savings in the funds or insurance that this article deals with, in accordance with the general rules of retention at the source on financial returns, in the event that these are withdrawn without the fulfilment of the remaining requirement.
The contributions to the guarantee, carried out by the independent participants, will be deductible from the income up to the sum of fifteen million pesos ($15.900,000), without exceeding a twelfth of the taxable income of the respective year (value year base 1995).
PARAGRAFO 1o. Pension payments may have immediate lifetime income modalities, scheduled retirement, scheduled retirement with deferred lifetime income, or any other mode approved by the Superintendency. Banking; however, members may, without penalty, withdraw all or part of the contributions and returns. Pensions paid in compliance with the requirement to remain in this article and withdrawals, partial or total, of contributions and yields, which satisfy the requirement of permanence, shall be exempt from the tax on the income and supplementary.
PARAGRAFO 2o. It constitutes a liquid income for the employer, the recovery of the amounts granted in one or more years or taxable periods, as a deduction of the gross income for voluntary contributions from this to pensions, as well as the returns that have been obtained, where there is no place for the payment of pensions in charge of the funds and the resources are restored to the employer. "
ARTICLE 5o. ELIMINATION OF PRESUMPTIVE INCOME ON GROSS EQUITY. Addition to the Tax Statute with the following paragraph 5o. of article 188:
" Paragraph 5o. It shall be eliminated from the taxable year 1999, the presumptive income on gross equity covered by this Article. '
ARTICLE 6o. DECREASE OF THE RETENTION BASE BY PAYMENTS TO THIRD PARTIES BY CONCEPT OF POWER.
Add to the Tax Statute the following article:
" Article 387-1. Decrease of the retention basis by payments to third parties by way of food. Payments made by employers in favour of third parties, by way of feeding of the worker or his family, or by the supply of food for them in own or third-party restaurants, as well as payments by concept of the purchase of vouchers or tickets for the purchase of food from the worker or his family, are deductible for the employer and do not constitute income for the worker, but for the third party that supplies the food or provides the service restaurant, subject to the retention at the source corresponding to the latter's head. This is without prejudice to the provisions on the salary of the Substantive Labour Code.
When payments in the month for the benefit of the worker or his family, which deals with the previous item, exceed the sum of two (2) monthly minimum wages in force, the excess constitutes tax income of the worker, subject to retention in the source of labour income. The provisions of this paragraph do not apply to the costs of representation of the companies, which are deductible for them.
For the purposes set out in this article, the worker's family, the permanent spouse or partner (a), the children and the parents of the worker are understood.
ARTICLE 7o. ELIMINATION TAX EXEMPTION FOR TAXPAYERS HOLDING DEBT SECURITIES OF THE NATION.
Article 218 of the Tax Statute will be as follows:
" Article 218. Interest, commissions and other payments for borrowings and foreign public debt securities. The payment of principal, interest, commissions and other concepts relating to external public credit operations and those treated as such, shall be exempt from all taxes, fees, contributions and charges of a national nature, only when it is done to persons without residence or domicile in the country.
PARAGRAFO. The bonds issued in the development of the authorizations granted by Decree 700 of 1992 (Bonds Colombia) and Resolution 4308 of 1994, will continue to be governed by the existing conditions at the time of their issue ".
ARTICLE 8o. STAMP DUTY EXEMPTION.
The number 14 in Article 530 of the Tax Statute will be as follows:
" Article 530. They are exempt from stamp duty. They are exempt from stamp duty:
14. Public credit operations, operations treated as public credit operations, public debt management operations, and those related to the operations performed by state entities. "
ARTICLE 9o. UTILITY REINVESTMENT MECHANISM.
Add article 245 of the Tax Statute with the following paragraph 4.
" Paragraph 4o. For the purposes of the third paragraph of this article and article 320 of the Tax Statute, it is understood that there is reinvestment of profits and increase of net worth or net assets, owned in the country, with the simple maintenance of profits within the company's assets. "
ARTICLE 10. REINVESTMENT OF UTILITIES. Add article 320 of the Tax Statute with the following paragraph.
" Paragraph. For the purposes of the third paragraph of Article 245 and in this article, it is understood that there is reinvestment of profit and increase of net worth or net assets, held in the country, with the simple maintenance of profits within the company's assets. "
ARTICLE 11. ADJUSTMENT OF OTHER NON-CASH ASSETS. Article 338 of the Tax Statute shall be as follows:
" Article 338. Adjustment of other non-cash assets. In general, they should be adjusted according to the PAAG, with the exception of inventories and purchases of goods or inventories, all other non-cash assets that do not have a special adjustment procedure, understood by those goods or rights which acquire a higher nominal value by effect of the demerit of the currency's purchasing value. '
ARTICLE 12. NOTIFICATION NOT TO MAKE THE ADJUSTMENT.
Article 341 of the Tax Statute will be as follows:
" Article 341. Notification not to make the adjustment. Income tax and supplementary tax payers shall notify the respective tax administrator of their decision not to make the adjustment referred to in this Title, provided they demonstrate that the market value of the asset is at least 30 per cent (30 per cent) at the cost which would result if the respective adjustment was applied. This notification shall be made at least two (2) months in advance of the date of expiry of the deadline for declaring.
PARAGRAFO. For the purposes of this article, there will be no such information, in the case of non-cash assets whose tax cost to thirty-one (31) December of the taxable year prior to the adjustment, is equal to or less than fifty million pesos ($50,000,000), provided that the taxpayer retains in his accounts a certification of an expert on the market value of the corresponding asset. "
ARTICLE 13. EFFECTS OF NON-TUNING.
Article 353 of the Tax Statute is thus left:
" When a non-cash asset has not been subject to inflation adjustment in the financial year, its net equity value shall be excluded for the purposes of the adjustment of the liquid assets. The provisions of this paragraph shall not apply in the case of inventories. "
ARTICLE 14. ACCOUNTING EFFECTS. 78 of Law 1111 of 2006 >
ARTICLE 15. SERVICES PROVIDED BY NON-RESIDENTS.
The second paragraph of article 408 of the Tax Statute will be as follows:
" Payments or credits in account of consultancies, technical services and technical assistance, provided by non-resident or non-resident persons in Colombia, are subject to withholding tax at the single rate of 10%, as income and remittance taxes, whether they are provided in the country or abroad. "
ARTICLE 16. EXEMPTION FROM RETENTION AT SOURCE FOR CREDITS EARNED ABROAD BY AUTONOMOUS ASSETS.
The number 5o. Literal (a) of Article 25 of the Tax Statute shall be as follows:
" 5o. Loans to be made abroad by domestic, foreign or mixed enterprises established in the country, and self-employed assets managed by trust companies established in the country, whose activities are considered to be of interest to the economic and social development of the country, in accordance with the policies adopted by the National Council for Economic and Social Policy, Conpes. "
Add article 191 of the Tax Statute with the following paragraph:
" Companies in concordat or in liquidation, entities subject to supervision and supervision of the Banking Superintendence which have been declared to be liquidated or have been subject to the liquidation of the company, are not subject to any presumptive income. the taking of possession, by the causes referred to in subparagraphs (a) or (g) of Article 114 of the Organic Statute of the Financial System, or by undertakings engaged in mass transit passengers by the metropolitan train system. "
ARTICLE 18. DEDUCTION OF SALES TAX PAID ON THE ACQUISITION OF FIXED ASSETS.
Add the Tax Statute with the following article:
" Item 115-1. Deduction of sales tax paid on the acquisition of fixed assets. Legal persons and their assimilated persons shall be entitled to treat as a deduction in income tax, the sales tax paid in the acquisition or nationalization of capital goods, of computer equipment, and for the enterprises transport equipment, in addition, of transport equipment, in the declaration of rent and supplementary corresponding to the year in which its acquisition or nationalization has been carried out. In no case shall the motor vehicles or the campers give rise to the deduction provided for in this Article.
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 deduction referred to in this Article. In this event, the deduction can only be requested by the user of the respective good, regardless of whether the contract is submitted to the procedure of the numeral 1o. or the procedure of the numeral 2o. This is the article 127-1 of the Tax Statute.
For the purposes of this article, capital assets are considered to be capital assets that are capitalised in accordance with accounting standards to be depreciated.
PARAGRAFO 1o. The sales tax paid on the acquisition of depreciable assets against which the provisions of this article do not apply will be part of the cost of the asset.
PARAGRAFO 2o. The legal persons Contributors who, in accordance with the first paragraph of Article 104 of Act 223 of 1995, have the date of validity of the present law, outstanding balances to request as tax rebate, corresponding to sales taxes paid on the acquisition or nationalization of fixed assets, will retain their right to apply for the following periods until they are exhausted, without in any case exceed five (5) taxable periods. "
The Tax Statute is added with the following article:
" Article 211-2. Profits exempt from industrial and commercial enterprises of the State of the national order. The profits that are distributed to the industrial and commercial enterprises of the State of the national order, shareholders of the companies that provide the local public telephone service, will be exempt from income tax and additional to 31 December 1999. '
ARTICLE 21. EXTRAORDINARY POWERS TO REVIEW THE SYSTEM OF COMPREHENSIVE INFLATION ADJUSTMENTS. Review of extraordinary powers to the National Government for the term of four (4) months from the entry into force of this Law, to amend or repeal the system of comprehensive inflation adjustments as set out in Title V of the Tax Statute.
To verify the correct exercise of the powers granted, the Congress of the Republic will designate four (4) members of the Economic Commissions, who will be consulted in a prior and permanent manner to the issue of the Decrees that develop the powers provided for in this Article.
El Tiempo] The National Government will have to convene during the period the powers granted to at least four (4) public hearings, in order to listen to the opinions that guilds, businessmen, and experts on the tax issue can express. on the type of amendments to be made to the corresponding decrees.
The government in exercising its powers will not be able to modify the aspects related to the inflation adjustments approved in this law.
ARTICLE 22. AUDIT BENEFIT FOR INCOME TAX AND SUPPLEMENTARY OF THE TAXABLE YEAR 1998.
Add the Tax Statute with the following article:
" Article 689-1. Audit benefit for the taxable year of 1998. The private liquidation of the taxable year 1998 of the income tax and supplementary tax payers who increase their net income tax by a minimum percentage of thirty per cent (30%) against the net income tax of the year taxable in 1997, will remain firm within the six (6) months following its timely filing, provided that the value is cancelled for that term within the time limits for the effect. This term of firmness shall not apply in relation to the private liquidations of the sales tax and the withholding tax, corresponding to the periods in the year 1998, which shall be governed in this respect by the provided in Articles 705 and 714 of the Tax Statute.
PARAGRAFO. The provisions of this Article shall not apply to the taxpayers of the Special Tax Regime, nor to the taxpayers who are the subject of the tax benefits of the tax on the income for the area of the Paez Law in Acts 218 of 1995 and 383 of 1997 and for companies of public services domiciled in article 211 of the Tax Statute. "
ARTICLE 23. INCENTIVE TO LONG-TERM TAX SAVINGS FOR BUILDING CONSTRUCTION.
Add the Tax Statute with the following article:
" Article 126-4. Incentive for long-term savings for building construction. The sums allocated by the worker to the long-term savings in the savings accounts called "Savings for the Promotion of Construction-AFC-," will not be part of the base to apply the withholding tax and will be considered as an income not (a) the amount of the income and the income of the person who is not in excess of 30% (30%) of his or her income or tax income of the year.
AFC savings accounts will have to operate in the banks that make mortgage loans and in the Savings and Housing Corporations.
The withdrawal of the resources from the "AFC" savings accounts before five (5) years from their date of entry have elapsed, will imply that the worker loses the benefit and is carried out by the respective entity. financial, the initially unrealized holds.
The source of the source of the income generated by the "AFC" savings accounts is caused, in accordance with the general rules of retention at the source on financial returns, in the event that they are withdrawn without the compliance of the remaining requirement.
The resources collected through the "AFC" savings accounts may only be used to finance mortgage loans or investment in portfolio securitization arising from the acquisition of housing. "
ARTICLE 24. . Article 360 of the Tax Statute will be as follows:
" Article 360. Authorization to use additional time to invest. In the case of programmes whose implementation requires additional time limits referred to in Article 358, or in the case of permanent allocations, the institution shall have the approval of its Assembly. General or the management body which does its own times. "
ARTICLE 25. TAX DISCOUNT FOR JOB GENERATION.
Add the Tax Statute with the following article:
" Article 250. Tax rebate for the generation of employment. Income tax taxpayers will be able to apply for a tax rebate equivalent to the amount of wages and social benefits cancelled during the financial year, corresponding to the new direct jobs that are generate income and up to a maximum of 15% (15%) of the net income tax of the respective period.
This discount will only be obtained if the number of new jobs generated during the year exceeds at least five percent (5%) the number of workers at their service to thirty one (31) December of the year immediately previous. To be a beneficiary of the discount, the employer must comply with each of the obligations related to social security, for all the employees of the company, including those corresponding to the new jobs generated. In addition, the workers employed in these new jobs must be linked at least for one (1) year.
New workers who link the taxpayer through temporary employment companies will not be entitled to the benefit here.
New companies which are established during the financial year may only benefit from the benefit set out in this Article from the taxable period immediately following the first year of their existence.
When the tax administration determines that the requirement for the effective generation of the new direct jobs that support the discount included in the respective private liquidation or with the minimum time of time has not been met. In the case of new workers, the taxpayer will not be able to reapply for any discount for this concept, and will be subject to a penalty equivalent to two hundred per cent (200%) of the value of the improper profit. This penalty shall not be reduced by the effect of the correction of the statement made by the taxpayer.
The higher value of wages and social benefits that are cancelled during the financial year for new jobs, which cannot be treated as a discount under the limit set out in the first paragraph of this article, may be requested as expenditure deductible. In no case, the values taken as a discount may be treated as a deduction.
PARAGRAFO 1o. The tax discount provided here is not subject to the limit set in the second paragraph of article 259 of the Tax Statute.
PARAGRAFO 2o. The benefit referred to in this article will not be derived when workers who join the new jobs generated have worked during the year of their hiring and/or the year immediately prior to this, in companies with which the taxpayer has economic ties. "
ARTICLE 26. BENEFITS OF THE PAEZ LAW FOR NEW TERRITORIAL ENTITIES CREATED IN THEIR COVERAGE ZONE.
The territorial entities that are formed as derived from those mentioned in Laws 218 of 1995 and 383 of 1997, will have the same benefits as the laws mentioned above, when the limits of the original territorial areas are maintained.
ARTICLE 27. EXEMPTION FOR BONUSES AND/OR INDEMNITIES IN PUBLIC ENTITY RETIREMENT PROGRAMS.
The income tax shall be exempt from the bonuses and/or allowances received by the public servants under the staff retirement programs of the national, departmental, district and municipal public entities. "
ARTICLE 28. UNIFIED SYSTEM OF TAXATION (RUI) FOR SMALL CONTRIBUTORS.
Add the Tax Statute with the following article:
" Article 53. Contributions from State Entities, surcharges and taxes for the financing of public service systems for mass transit of passengers. Transfers of resources, substitution of liabilities and other contributions made by the Nation or territorial entities, as well as surcharges, contributions and other charges intended to finance urban public service systems mass transit of passengers, in the terms of Law 310 of 1996, do not constitute income or occasional profit, in the head of the beneficiary entity ".
ARTICLE 30. Modify Article 249 of the Tax Statute as follows:
ARTICLE 249. DONATIONS DISCOUNT. From the date of this law, the income tax payers will be able to discount the income tax and supplementary income tax, sixty percent (60%) of the donations they have made during the year. taxable to public or private higher education institutions, approved by the Colombian Institute for the Promotion of Higher Education, ICFES, which are non-profit entities, and to the official and private institutions approved by the competent educational authorities engaged in formal education, which are non-animo- profit.
With the resources obtained from such donations, the institutions of higher education must constitute a patrimonial Fund, whose yields are exclusively used to finance the tuition of low-income students, whose parents show that they have no income in excess of four (4) minimum monthly salaries in force and education, science and technology projects.
With the resources obtained from such donations, the official institutions and dedicated to the formal basic education, must constitute a patrimonial Fund, whose yields are destined exclusively to finance the tuition and pensions of low-income students, whose parents show that they have no income in excess of four (4) minimum wages in force; to education projects; to the training of teaching and administrative staff; to the creation and development of schools of Parents and the development of the objectives enshrined in their statutes.
This discount will not exceed thirty percent (30%) of the basic income tax and supplementary tax for the respective taxable year.
PARAGRAFO. Taxpayers will be able to discount on income tax 60% of the donations that they have made during the taxable year to associations, corporations and non-profit foundations that exclusively, its resources for the construction, adequacy or endowment of schools or hospitals, which are included within the national, departmental or municipal systems of education, or health. "
ARTICLE 31. Article 125 of the Tax Statute will remain so.:
" 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 activity correspond to the development of health, education, culture, religion, sport, scientific and technological research, ecology and environmental protection, the defence, protection and promotion of human rights and access to justice or social development programmes, 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 research programs in scientific, technological, social science and productivity improvement innovations, prior approval of these programs by the National Council of Science and Technology.
ARTICLE 32. The donations in money received by natural or legal persons participating in the execution and development of projects approved by the Multilateral Fund of the Montreal Protocol, through any implementing agency, bilateral or (a) multilateral, exempt from all kinds of taxes, fees, contributions or levies of the national order.
ARTICLE 33. When it is a donation of goods and equipment to be delivered to the beneficiaries in exchange for similar equipment that has been used in the production of goods that use or contains substances subject to the control of the Protocol Montreal, the tax exemption will only be recoverable from the difference between the value donated and the commercial value of the good or equipment being used.
ARTICLE 34. To proceed to the recognition of the exemption for donations in respect of article 32, it will require certification from the Ministry of the Environment, which includes the name of the natural person or beneficiary legal, the form of donation, the amount of the same or the value of the goods or equipment donated and the 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 the exemption for one time.
ARTICLE 36. INTEREST DEDUCTION ON HOME ACQUISITION LOANS.
Paragraph 2o. Article 119 of the Tax Statute shall be as follows:
When the home loan has been acquired in units of constant purchasing power, the interest deduction and monetary correction shall be limited for each taxpayer to the value equivalent to the first four thousand five hundred and fifty and three (4,553) units of constant purchasing power UPAC, of the respective loan. Such deduction may not exceed annually the equivalent value of one thousand (1,000) units of constant purchasing power.
ARTICLE 37. Subparagraph 1o. Article 126-2 of the Tax Statute shall remain so.:
ARTICLE 126-2. Deduction for donations made to the General Gustavo Matamoros D' Costa Corporation. The taxpayers who make donations to the General Corporation Gustavo Matamoros D' Costa and to the foundations and organizations dedicated to the defense, protection and promotion of human rights and access to justice, have the right to deduct from the income, 125% of the value of the donations made during the year or taxable period.
ARTICLE 38. Add article 11 of the Tax Statute, with the following paragraph:
Ordinary, extraordinary or non-interest expenses other than current or delinquent interest paid for tax, tax, or parafiscal charges, will be deductible from income if they have a causal relationship. with the production activity of income, and different from the contribution established in the Legislative Decrees of the Economic Emergency of 1998.
ARTICLE 39. Add article 87 of the Tax Statute with the following paragraph:
PARAGRAFO: The provisions of this article shall apply to municipal and district councilors.
ARTICLE 40. The revenue collected by the regional television organizations and the Audiovisual Information Company, by the National Television Commission, for encouragement and promotion to public television, does not constitute income or profit. occasional.
The exempt value should therefore be transferred to the Regional Television Organisations and the Audiovisual Information Company. In no case can you stay on the National Television Commission.
ARTICLE 41. 134 of Law 633 of 2000. >
ARTICLE 42. The benefits set forth in Articles 126-1 and 126-4 of the Tax Statute may not be applied concurrently by employees.
SALES TAX
ARTICLE 43. GOODS THAT DO NOT CAUSE THE TAX.
Article 424 of the Tax Statute will be as follows:
" Article 424. Goods that do not cause the tax. The following goods are excluded from the tax and therefore their sale or import does not cause the sales tax. For this purpose the current Nandina tariff nomenclature is used:
01.01 Horses, asses, mules and burgdeans, alive.
01.02 Live animals of the bovine species, including those of a buffalo genus, excluding fighting bulls
01.03 Live animals of the porcine species
01.04 Live animals of the ovine or caprine species
01.05 Gallos, hens, ducks, geese, turkeys (galliturkeys) and guinea fowl, of domestic species, live
01.06 Other live animals
02.01 Meat of bovine animals, fresh or chilled
02.02 Meat of bovine animals, frozen
02.03 Meat of animals of the porcine species, fresh, chilled or frozen.
02.04 Meat of ovine or caprine animals, fresh, chilled or frozen.
02.06 Animal edible despojos
02.07 Meat and edible offal, of birds of heading 01.05, fresh, chilled or frozen.
03.02 Fresh or chilled fish, except fillets and other fish meat of heading 03.04
03.03 Frozen fish, except fillets and other fish meat of heading 03.04
03.04 Fillets and other fish meat (whether or not minced), fresh, chilled or frozen
04.01 Milk and cream, not concentrated, not containing added sugar or other sweetening matter
04.02.10.10.00 Milk and cream, concentrated or containing added sugar or other sweetening matter, in powder, granules or other solid forms, with a fat content not exceeding 1,5% by weight, in immediate packings of a net content less than or equal to 2.5 Kg.
04.06.10.00.00 Fresh cheese (unmatured)
04,07.00.90.00 Fresh shell eggs
06.01 Bulbs, onions, tubers, roots and tuberous bulbs, turions and rhizomes, in vegetative rest, in vegetation or in flower; chicory plants and roots, except for the roots of Item No 12.12
07.01 Fresh or chilled potatoes (potatoes)
07.02 Fresh or chilled tomatoes
07.03 Onions, shallots, garlic, leeks and other vegetables (including wild),
or chilled07.04 Coles, including cabbages, cauliflowers, rips, colinabos and similar edible products of the brassica genus, fresh or chilled
07.05 Lechugas (lactuca sativa) and chicory, including beetle and endibia (cicchorium spp.), fresh or chilled
07.06 Carrots, turnips, salad beets, salsifies, apis, radishes and similar edible roots, fresh or chilled
07.07 Pepinos and fresh or chilled pepinillos
07.08 (Even wild) pods of pods, even if they are unrolled, fresh or chilled
07.09 Other vegetables (including wild ones), fresh or chilled
07.10 Horticultural (even wild) even if cooked in water or steam, frozen
07.11 Horticultural (even wild) provisionally preserved (for example: with sulphur dioxide gas or with salt water, sulphur, or added to other substances to ensure such conservation), but not yet unfit for immediate consumption
07.12 Dry (even wild) dried, either cut into pieces or sliced or crushed or ground, but without any other preparation
07.13 (Even wild) dry-pod, unvainted, whether or not
or split07.14 Yucca roots (cassava), arrurruz or salep, water (patacas), sweet potato (sweet potatoes) and similar roots and tubers rich in starch or inulin, fresh, chilled, frozen or dried, whether or not sliced or in the form of pellets; sago marrow
08.01.19.00.00 Fresh Cocos
08.02 Other nuts, fresh or dried, whether or not shelled or monked
08.03 Bananas or bananas, fresh or dried
08.04 Dates, figs, tropical pineapples (ananas), avocados (paltas), guavas, mangoes and mangosteens, fresh or dried, and food products made from a guava
based craft08.05 Fresh or Dry Agris (citrus)
08.06 Uvas, fresh or dried, including raisins
08.07 Melons, watermelons and papayas, fresh
08.08 Apples, pears and memberships, fresh
08.09 Damascos (apricots, chamacans), cherries, peach (peaches) (including grinons and nectarines), plums and endrines, fresh
08.10 Other fruits or other fruits, fresh
09.01 Coffee, whether or not roasted or decaffeinated; coffee husks and husks; coffee substitutes containing coffee in any proportion, including soluble coffee.
10.01 Wheat and Morcajo (tranquillon)
10.02 Centene
10.03 Cebada
10.04 Avena
10.05 Maiz
10.06 Rice
10.07 Sorgo
10.08 Alforfon, millet and alpiste; other cereals
11.01 Wheat Flour or Morcajo (tranquillon)
11.02 Other cereal flours
11.08 Starch and starch
11.07 Malta (barley or other cereals), whether or not roasted
11.09 Wheat Gluten, Even Dry
12.01 Soy Habas
12.09 Seed seeds
12.09.99.90.00 Seed for Sugar Cane
12.12.92.00.00 Sugar Cane
16.01 Embutites and similar products, of meat, offal or blood, food preparations based on these products
16.02 Other preparations and preserves of meat, offal or blood.
16.04 Canned Tuna and Canned Sardines
17.01 Cane or beet sugar
17.02.30.20.00 glucose syrups
17.02.30.90.00 Other
17.060,00.00 Other fructose fructose and fructose syrup, with a fructose content, in the dry state, exceeding 50% by weight
17,040.20.00 Glucose syrups
17.03 Melaces of sugar extraction or refining
18.01.00.10.00. Cocoa in crude grain
18.03 Cacao en masse or in breads (cacao paste), whether or not degreased
18.05 Cocoa powder, not sugary
18.06 Chocolate and other food preparations containing cocoa, other than chewing gum, chocolates, candies, candies
chocolate19.01.10.10.00 Maternized or humanized milk
19.02.11.00.00 Uncooked food pasta, refilling, or otherwise prepared, containing egg
19.02.19.00.00 Other
19.05 Bakery, pastry, biscuits, even with the addition of cocoa
22.01 Water, including packaged water, natural or artificial mineral water and aerated water, without sugar or other sweetening or flavouring; ice and snow.
23.09 Preparation of the type used for feeding the animals
24.01 Unworked or unworked tobacco; tobacco waste
25.01 Salt (including table and denatured salt) and pure sodium chloride, whether or not in aqueous solution or with the addition of anti-caking agents or agents ensuring good fluidity; sea water.
27.01 Hullas, briquettes, ovoids, and similar solid fuels obtained from hard coal.
27.02 Lignitus, whether or not agglomerated, excluding azabache.
27.03 Turba (including peat for an animal bed) and its agglomerates.
27.04 Cokes, hard coal, lignite, agglomerated peat or not
27.09.00.00.00 Crude Oil Oils or Bituminous Mineral Oils
27.16 Electrical Energy
29.36 Provitamins and vitamins, natural or reproduced by synthesis (including natural concentrates) and their derivatives used primarily as vitamins, mixed or not with each other or in solutions of any kind.
29.41 Antibiotics
30.01 Glands and other organs for oopterapic uses, dried, whether or not powdered; extract of glands or other organs or of their secretions, for oopterapic uses; heparin and its salts; other prepared human or animal substances for therapeutic or prophylactic uses, not elsewhere specified or included.
30.02 Human blood; animal blood prepared for therapeutic, prophylactic or diagnostic uses; antisera (serums with antibodies), other blood fractions and modified immunological products, whether or not obtained by process biotechnological; vaccines, toxins, cultures of micro-organisms (excluding yeasts) and similar products.
30.03 Medicines (excluding products of heading No 30.02, 30.05 or 30.06) consisting of products mixed with each other, prepared for therapeutic or prophylactic uses, without dosing or conditioning for retail sale.
30.04 Medicines (excluding products of heading 30.02, 30.05 or 30.06) consisting of mixed or unmixed products prepared for therapeutic or prophylactic uses, dosed or put up for retail sale.
30.05 Guatas, gauze, bandages and similar articles (for example, dressings, spreaders, synapses), impregnated or coated with pharmaceutical substances or put up for retail sale for medical, surgical, dental or other purposes veterinarians
30.06 Pharmaceuticals and Pharmaceutical Articles as referred to in Note 4 to this Chapter
31.01 Guano and other natural fertilizers of animal or plant origin, whether or not mixed together, but not chemically produced.
31.02 Mineral or nitrogen-containing chemicals.
31.03 Mineral or phosphate chemicals.
31.04 Mineral or potassium chemicals.
31.05 Other fertilizers; products of this heading which are presented in tablets, lozenges and other similar forms or in packages of a maximum gross weight of 10 kg.
38.08 Pesticides and Insecticides
40.11.91.00.00 Tractors for tractors
40.14.10.00.00 Preserving
48.01.00.00.00 Press paper
48.18.40,00.00 Towels and sanitary napkins, baby diapers and similar hygienic articles.
49.02 Journals and periodicals, printed, even illustrated
52.01 Cotton Fibers
56.01.10.00.00 Sanitary pads and tampons, baby diapers and similar hygienic articles, of guata
59.11 Jute, hemp and fique Empaques
63.05 Yute, Hemp, and Yute Talegas
68.15.20.00.00 Towels and sanitary pads, baby diapers and similar sanitary articles of peat.
71.18.90.00.Legal Course Coins
82.01 Layas, Agricultural Hand Tools
84,07.21.00.00. Outboard motors, up to 115 HP. The engines with the highest power at 115 HP are not excluded.
84,08.10.00.00. Diesel center engines, up to 150 HP. The engines of greater power to 150 HP are not excluded.
84,09,91,91.00 Equipment for the conversion of the carburation system of motor vehicles for operation with combustible gas
84.14.80.21.00 Air or vacuum pumps, air compressors or other gases and fans; aspirational or recycled drives, with a fan incorporated, even with a filter, of a power of less than 30 kw (40 HP)
84.14.80.22.00 Air or vacuum pumps, air compressors or other gases and fans; aspirational or recycled drives, with a fan incorporated, even with a filter, of a power greater than or equal to 30 kw (40 HP) and less than 262.5 kw (352 HP)
84.14.80.23.00 Air or vacuum pumps, air compressors or other gases and fans; aspirational or recycled drives, with a fan incorporated, even with a filter, of a power greater than or equal to 262,5 kw (352 HP)
84.33.20.00.00 Guadanadors
84.34.10.00.00 Computers
87.01.90.00.10 Agricultural Tractors
87.13 Wheel chairs and other vehicles for invalids
87.13.10.00.00 Wheel armchairs without propulsion mechanisms
87.13.90.00.00 Other
87,14 Parts and accessories for wheel chairs and other vehicles for invalid of heading Nos 87.13 and 87.14
90.01.30.00.00 Contact Lents
90.01.40 Glass Lents for Glasses
90.01,50,00.00 Lents of Other Materials
921 Orthopedics and disability appliances
90.25,890.00 Surtidores with Electronic Dispenser For Compressed Natural Gas
93.01 Weapons of War, except revolvers, handguns, and white weapons
96.09.10.00.00 Write and Coloring Laptops
-Ladillos and blocks of calysong, clay and cement-based, silvocalcareous clay blocks
Are excluded from the sales tax the Printers braille, stereotypical braille, braille lines, braille reglettes, arithmetic and drawing boxes braille, intelligent reading machines, manual or mechanical elements of writing of the braille system, as well as articles and braces, prostheses, articles and apparatus of prosthesis; all for use by persons, hearing aids and other appliances which the person himself carries, or which is implanted to compensate for a defect or an inability and canes for the blind even if they are equipped with technology, contained in the tariff heading 90.21.
Also excluded are the contraceptive devices for female use, the cotton seed and the fruit of African palm.
PARAGRAFO 1o. The import of the goods provided for in this article will be taxed at a rate equivalent to the general tax rate on average sales implied in the cost of production of goods. of the same kind of domestic production, with the exception of those products whose supply is insufficient to meet domestic demand.
For the purposes of the liquidation and payment of sales tax for imports of this class of goods, the National Government shall publish the taxable base referred to in the preceding paragraph applicable to the importation of each property, having The composition in its national production is taken into account.
The provisions of this paragraph shall also not apply to the importation of electrical energy, petroleum-derived fuels, propane or natural gas, and the goods of headings 27.01, 27.02 and 27.03.
PARAGRAFO 2o. Raw materials for the production of medicinal products in positions 29.36, 29.41, 30.01, 30.03 and 30.04 shall be excluded from VAT.
ARTICLE 44. GOODS AND SERVICES TAXED AT THE RATE OF TEN PER CENT (10%).
Add to the Tax Statute the following article:
" Article 468-1. Goods and services taxed at the rate of ten per cent (10 per cent).
As of January 1, 1999, they will be taxed at the rate of ten percent (10%) of the soaps, and the products included in the following tariff items:
04.5.10.00.00. Butter
15.01 lard; other pig fat and poultry fats, whether or not pressed or extracted with solvents.
15.02 The fat of animals of the bovine, ovine or caprine species, raw (sebum in branch) (Additioned Law 223/95, art. 2)
15.03 Solar stearin, lard oil, oleostearin, and oleomargarine and sebum oil, without emulsifying or mixing, nor preparing otherwise.
15.04 Grasses 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 Peanut or peanut oil 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 oils, safflower or cotton, and their fractions, whether or not refined, but not chemically modified.
15.13 Coconut (copra) oils, palm almond or babasu, and their fractions, whether or not refined, but not chemically modified.
15.14 Nabine (turnip), rapeseed or mustard oils and their 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 Grases and oils, animals or plants, and their fractions, partly or wholly hydrogenated, interesterified, reesterified or elaidinised, whether or not refined, but not otherwise prepared.
15.17 Margarine; edible mixtures or preparations of fats or oils, animals or plants, or of fractions of different fats or oils, of this Chapter, other than edible fats and oils and their fractions, of heading No 15.16.
Air passenger transport is taxed at the rate of 10% (10%) except that with destination or origin of national routes where there is no organised land transport.
Tickets purchased for use on the following dates will not be taxed with VAT: 20 to 31 December, 1o. to 10 January, Easter, 20 June to 10 July, as long as the conditions laid down in the regulation are met. The air carriers shall charge the user the value of the VAT, when the air ticket acquired with the benefit referred to in the preceding paragraph is used at a date other than the intended ones.
Advertising services will be taxed at the rate of 10% until the year 2000 and from 2001 to the general tariff in force at the date of 1. January.
Except for this rule for newspapers that record sales in advertising at December 31, 1998, less than three billion pesos ($3,000,000,000) (base year 1998), which will be excluded.
The radio stations whose sales are less than $500 million pesos at 31 December 1998 (base year 1998) and regional television channels whose sales are less than $500 million are exempt from the VAT charge. sales are less than $1 billion pesos at December 31, 1998 (base year 1998). Those who exceed this amount will be governed by the general rule.
PARAGRAFO 1o. The exclusions provided for in this article will not apply to companies that arise as a result of the division of companies that prior to the issuance of this law conform a single company or to the companies. new companies which are believed to have a VAT-taxed parent or parent company with this concept.
PARAGRAFO 2. Those responsible for sales tax for the products referred to in this Article may treat as a discount the entire sales tax on the respective sales tax. invoices or equivalent document of goods and services that constitute cost or expense of the goods taxed. "
.ARTICLE 45. TAXABLE BASE ON IMPORTS.
Article 459 of the Tax Statute will be as follows:
" Article 459. Tax base on imports. The taxable base, on which the sales tax is settled in the case of imported goods, will be the same as that which is taken into account in order to liquidate the customs duties, added with the value of this charge. "
ARTICLE 46. GENERAL SALES TAX RATE.
Article 468 of the Tax Statute will be as follows:
" Article 468. General rate of sales tax. The overall sales tax rate is sixteen per cent (16 per cent). From the first of November 1999, this rate will be 15% (15%). This fee will also apply to services, with the exception of those expressly excluded. The general fee will also apply to the goods covered by items 446, 469 , and 474.
PARAGRAFO. The directories will be taxed at the general sales tax rate.
ARTICLE 47. TARIFFS FOR MOTOR VEHICLES.
Article 471 of the Tax Statute will be as follows:
" Article 471. Tariffs for motor vehicles. Goods vehicles of headings 87,02, 87.03 and 87.04 of the Customs Tariff are subject to the tariff 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 469, which are subject to the general tariff, the motor vehicles indicated in the third indent of this Article, which are subject to the general tariff, are exempted. at the rate of 20% (20%), and those mentioned in the fourth indent of this article that are taxed at the rate of forty-five percent (45%).
Likewise, the 30-five percent tariff (35%) of imported motorcycles and motorcycles, imported campers whose FOB value is over thirty thousand dollars in North America (US$ 30,000), is subject to the same rate. Heading 87.04, the chaisis with motor of heading No 87.06, the bodies (including cabs) of heading 87.07, provided that each other is intended for motor vehicles subject to the tariff of 30% and five (35%); Aerodines operating without a propellant machine, of heading 88,01 and of service aerodines private, and the imported recreational and sport vessels of heading 89.03.
The following goods are subject to the special rate of twenty percent (20%):
(a) Motor vehicles for the transport of persons, with motor up to 1,400 c.c., manufactured or assembled in the country, other than those referred to in Article 469 of the Tax Statute, Campers manufactured or assembled in the country and imported campers whose FOB value does not exceed thirty thousand dollars in North America (US$ 30,000);
(b) Vehicles for the carriage of goods of heading 87.04, whose gross vehicle weight is less than 10 thousand (10,000) American pounds;
(c) The chaisis with engine of heading 87.06 and the bodies (including cabins) of heading 87.07, provided that each other is intended for vehicles covered by the two preceding literals;
d) Motorcycles and motorcycles manufactured or assembled in the country with a motor of more than 185 c.c;
e) The recreational and sports boats of heading 89.03 manufactured or assembled in the country.
They are subject to the special rate of forty-five percent (45%) of motor vehicles for private use, whose FOB value is equal to or greater than forty thousand (US$ 40,000) of North America.
PARAGRAFO 1o. For sales tax purposes, "campers" means vehicles with four-wheel drive, manual or automatic bass functions, and minimum differential case height rear to 200 mm, regardless of whether the chassis is independent or not of the body. When those responsible have settled and charged a higher than the current 20 percent (20%) rate, there will be no tax refund.
PARAGRAFO 2o. Teaching aircrafts up to two places and those manufactured in the country will pay the general fee. "
ARTICLE 48. SERVICES EXCLUDED FROM SALES TAX.
Article 476 of the Tax Statute will be as follows:
" Article 476. Services excluded from sales tax. The following services are exempted from the tax:
1. Medical, dental, hospital, clinical and laboratory services for human health.
2. The public transport service, land, river and sea of people in the national territory, and the public or private national and international transport of sea, river, land and air. Also, the transport of gas and hydrocarbons is excepted.
3. Financial interest and income from credit operations, provided that they are not part of the taxable base referred to in Article 447, the commissions received by the trust companies for the administration of the common funds, the commissions received by the exchange commission for the administration of securities funds, and for the negotiation of securities, the leasing (leasing), the management services of State funds and services linked to social security in accordance with the provided for in Law 100 of 1993. In addition, the fees paid for the placement of life insurance and the fees for capitalization are exempt. The commissions received by the investment management companies.
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 two hundred and fifty (250) monthly impulses invoiced to strata 1 and 2 and the telephone service provided from public telephones are excluded from the tax.
5. The rental service of buildings, and the leasing of spaces for exhibitions, fairs, and national handcrafted samples.
6. Education services provided by pre-school, primary, middle and intermediate, higher and special or non-formal education establishments, recognised as such by the Government, and education services provided by natural persons to such establishments. The following services are also excluded from the education establishments referred to in this number: restaurant, cafeteria and transport, as well as those which are provided for in the development of Laws 30, 1992 and 115 1994.
7. Toilet services, surveillance services approved by the Superintendency of Private Surveillance and temporary employment services when they are provided by companies authorized by the Ministry of Labour and Social Security, or by the authority competent.
8. Health plans of the general system of social security in health, issued by entities legally authorized by the National Superintendency of Health, the services provided by the administrators within the individual savings scheme with solidarity, and of average premium with defined benefit, the services provided by the Professional Risk Administrators and the insurance and reinsurance services, for invalidity and survivors, covered by the savings scheme individual with solidarity, as referred to in article 135 of the 100 Act of 1993.
9. The services of social or sports clubs of workers.
10. The storage of agricultural products by general warehouse warehouses.
11. Tickets for entry to the cinema, sporting events, cultural events, including musical and family recreation, and shows of bulls, hippies and canines.
12. The following services, provided that they are intended for the adaptation of land, agricultural and fishing production and the marketing of the respective products:
(a) Irrigation of land dedicated to agricultural exploitation;
b) The design of irrigation systems, their installation, construction, operation, administration and conservation;
c) Construction of reservoirs for agricultural activity;
d) The preparation and cleaning of seed land;
e) Control of pests, diseases and weeds, including aerial and land spraying of crops;
f) Cutting and mechanized harvesting of agricultural products;
g) Cotton desmote, threshing and drying of agricultural products;
h) The selection, classification and packaging of agricultural products without industrial processing;
i) Technical assistance in the agricultural sector;
j) Capture, processing and marketing of fishery products;
k) Weighing and rental of pens at major and minor livestock fairs;
l) The seeding;
m) Construction of drains for agriculture;
n) Building ponds for fish farming;
o) Animal health programs;
p) Deep well drilling for water extraction;
q) Users of the services excluded by this numeral shall issue a certification to the person providing the service, in which the destination, the value and the name and identification of the service are recorded. The person who provides the service shall maintain such certification during the period specified in Article 632 of the Tax Statute, which shall serve as a support for the exclusion of services.
13. The services and commissions directly related to vocated negotiations of products of agricultural origin that are carried out through bags of legally constituted agricultural products.
14. Funeral services, cremation services, burial and exhumation of corpses, rental and maintenance of graves and mausolees.
15. The accommodation service provided by hotel or lodging establishments, duly registered in the National Register of Tourism, different from the one provided by the motels.
16. The commissions for intermediation for the placement of health plans of the general system of social security in health issued by entities legally authorized by the National Superintendence of Health, which are not subject to the on Sales.
17. The fees charged for the use of credit and debit cards.
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 provision of the service. "
