Document: State Budget Law for the year 2008
Type of document: Law
Date of issue: 28/12/2007
Number of Legal Instrument: 103
Broadcaster: National Assembly of People's Power
Date of entry to the repository: 27/06/2016
Source:
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RICARDO ALARCON DE QUESADA , President of the National Assembly of the People's Power of the Republic of Cuba.
I DO KNOW That the National Assembly of the People's Power of the Republic of Cuba, in the session of December 28, 2007, corresponding to the Tenth Regular Session of the Sixth Legislature, has approved the following:
AS FOR: The Council of Ministers, in compliance with the provisions of Article 98 (e) of the Constitution of the Republic, and Article 20 of Decree-Law No. 192 of the Financial Administration of the State, dated April 8, 1999, have prepared and presented the Draft State Budget for the year 2008, to the consideration of the National Assembly of People's Power, as set out in Article 75 (e) of the constitutional text.
AS REGARDS : The project presented financially supports all programs prioritized for the economic and social development of the country in the year 2008, as a reflection of the State's policy and the will of our people, to perfect the work undertaken " Since the revolutionary triumph, with the aim of improving its quality of life in correspondence with the sustained recovery of the Cuban economy.
FOR TANK : The National Assembly of People's Power, in use of the powers conferred on it in Article 75 (b) of the Constitution of the Republic, agrees to issue the following:
ACT NO. 103
STATE BUDGET LAW FOR THE YEAR 2008
Article 1: The State Budget for the fiscal year 2008, as stated in the following articles, is governed from the first of January 2008 until the thirties and one of December of the year itself.
ARTICLE 2. The State Budget for the year 2008 is made up of the following revenue and expenditure:
| MILLIONS OF PESOS | |
| TOTAL NET INCOME | 39 167.0 |
| Tributaries | 26 083.2 |
| Non-tributaries | 13 410.8 |
| Less: Returns | (327.0) |
| Of the total: Capital income | 963.2 |
| CURRENT REVENUE | 38 203.8 |
| TOTAL EXPENDITURE | 41 741.0 |
| CURRENT EXPENDITURE | 38 121.0 |
| For the Budget Activity | 30 199.0 |
| For Transfers to Business Activity | 5 722.0 |
| For Financial Operations Provision for Disasters |
2 000.0 200.0 |
| SURPLUS IN CURRENT OPERATIONS | 82.8 |
| CAPITAL EXPENDITURE | 3 000.0 |
| Less: Capital Revenue | (963.2) |
| DEFICIT IN CAPITAL OPERATIONS | (2 036.8) |
| Reserve | 620.0 |
| DEFICIT | (2 574.0) |
Article 3. The budget deficit is of a maximum nature. When very exceptional reasons justify an increase in the budget deficit approved, prior authorization from the State Council will be required, informing the National Assembly of the People's Power, for its approval, in its day.
Article 4.-The bodies and bodies shall take the measures to ensure that the undertakings and the budget units which are subordinate to them, fulfil their obligations under the State Budget in good time and that, by means of the more rational use of the material, human and financial resources available to them, are strictly in line with the levels of budgetary expenditure which will be notified to them by the Ministry of Finance and Prices; they will monitor and assess each month in their Address the compliance of the approved revenue and expenditure budgets and decide the actions in each case correspond to avoid non-compliances of income and excess of expenditure and, consequently, to additional affections and needs of financial resources.
ARTICLE 5. The Central Budget for the year 2008 is made up of the following revenue and expenditure:
| MILLIONS OF PESOS | |
| TOTAL NET INCOME | 25 020.5 |
| Tributaries | 13 533.9 |
| Non-tributaries | 11 692.5 |
| Less: Returns | (205.9) |
| Of the total: Capital income | 963.2 |
| CURRENT REVENUE | 24 057.3 |
| TOTAL EXPENDITURE | 27 594.7 |
| CURRENT EXPENDITURE | 21 279.9 |
| For the Budget Activity | 13 364.3 |
| For Transfers to Business Activity | 5 715.6 |
| For Financial Operations | 2 000.0 |
| Provision for Disasters | 200.0 |
| SURPLUS IN CURRENT OPERATIONS | 2 777.4 |
| CAPITAL EXPENDITURE | 3 000.0 |
| Less: Capital Revenue | (963.2) |
| DEFICIT IN CAPITAL OPERATIONS | (2 036.8) |
| RESERVE | 587.8 |
| SURPLUS CENTRAL BUDGET | 152.8 |
| Less: Transfers to the Social Security Budget | 1 478.0 |
| Grants to Local Budgets | 1 248.8 |
| DEFICIT | (2 574.0) |
Article 6. -In the Central Budget, 600 million pesos are nominated for the financing of the losses of the state enterprises of national, provincial and municipal subordination. The granting of the financing per company, up to the limit of the overall framework approved, is decided by the Committee for the Evaluation of Financial Benefits, chaired by the Ministry of Finance and Prices, taking into account the opinions that On the needs of each company, they issue the Territorial Commissions and the maximum heads of the organs and agencies of the State.
To this end, the heads of the organs and agencies of the State must inform the Ministry of Finance and Prices of their demands for each company to subsidize losses of previous years or the economic year in progress. The financial resources that are approved to be transferred by the aforementioned Committee are notified on a managerial basis, as a limit of expenditure and with specific destination by the Ministry of Finance and Prices to each organ or agency of the State, as appropriate.
ARTICLE 7. -From the Central Budget the necessary resources are transferred to the Social Security Budget to cover the excess of the expenses incurred by the State to guarantee the benefits, pensions and pensions prescribed in the Law, on the income obtained by the contribution to which the legal and natural persons are obliged, as laid down in Articles 53, 54 and 56 of Law No. 73 of the Tax System dated 5 August 1994.
ARTICLE 8. The Social Security Budget is made up of the following revenue and expenditure:
MILLIONS OF PESOS
| REVENUE | 3 950.0 |
| Contribution to Social Security
|
2 472.0 |
| Transfers from the Central Budget
|
1 478.0 |
| EXPENDITURE | 3 950.0 |
Article 9.1. -It is established, for the fiscal year 2008, fourteen percent (14 percent) as a tax rate for the contribution to the Social Security referred to in Articles 53 and 54 of Law No. 73, of the Tax System, dated 5 July. August 1994.
- State organs and agencies, higher business management organizations, state enterprises, company unions, budget units, and
other state entities, the basic units of cooperative production, political, social and mass organizations, as well as the entities subordinate to these organizations, enter the State Budget twelve and a half percent (12.5 percent). (a) of the tax rate referred to in the preceding paragraph.
- The remaining one and a half per cent (1.5) remain available to the above mentioned entities which are obliged to contribute to this concept, which are intended to pay for the short-term social security benefits of the workers who are linked.
- The remaining entities not mentioned above provide the tax rate established for each case.
Article 10. -Five percent (5 percent) is established as the tax rate of the Special Contribution to Social Security for workers who work in entities incorporated in the business development and in the activities of the platform fleet, as well as others that are approved during the execution of the fiscal year 2008, in accordance with the provisions of Article 56 of Law No. 73 of the Tax System dated August 5, 1994 and Resolution No. 247 of Date 25 October 2005 of the Ministry of Finance and Prices.
ARTICLE 11.-The provincial and special municipality budgets receive a share in the revenue of the Central Budget, to cover up to thirty percent (30 percent) of its current expenditure the budget, calculated on the basis of the taxes of Circulation and Sales and the Tax on Utilities of the national subordination companies located in their territories. The percentages of participation are as follows:
Percentages
| Pinar del Rio | 51.3 |
| Havana | 38.1 |
| Ciudad de La Habana | 31.7 |
| Slaughter | 50.6 |
| Villa Clara | 44.2 |
| Cienfuegos | 51.7 |
| Sancti Spiritus | 65.1 |
| Ciego de Avila | 52.8 |
| Camaguey | 54.7 |
| The Tunas | 60.7 |
| Holguin | 24.4 |
| Granma | 83.2 |
| Santiago de Cuba | 82.0 |
| Guantanamo | 96.0 |
| Island of Youth | 78.0 |
ARTICLE 12.1. -From the Central Budget, it is transferred to the provincial budgets and the special municipality of Isla de la Juventud, the grant to cover the excess of the current expenditure approved on the assigned and participative revenues. necessary to ensure the sustainable economic and social development of the territories. The ceiling to be subsidised in each budget is as follows:
| MILLION OF PESOS | |
| Pinar del Rio | 11.1 |
| Havana | 1.2 |
| Slaughter | 30.1 |
| Villa Clara | 57.8 |
| Cienfuegos | 8.9 |
| Sancti Spiritus | 74.2 |
| Ciego de Avila | 28.2 |
| Camaguey | 127.7 |
| The Tunas | 161.4 |
| Holguin | 193.3 |
| Granma | 320.5 |
| Santiago de Cuba | 307.7 |
| Guantanamo | 217.0 |
| Island of Youth | 16.7 |
- The province of Ciudad de La Habana, which plans a surplus of 307.1 million pesos, is contributing this to the Central Budget, within the deadlines and amounts to be set by the Ministry of Finance and Prices.
- The Ministry of Finance and Prices are empowered to carry out reallocations between provinces, due to duly substantiated circumstances, within the total ceiling of the grant of the Central Budget to the whole of the local budgets. to ensure financial needs for the economic and social development of the territories.
- The Ministry of Finance and Prices is empowered, taking into account the changes in structure and subordination that may be approved during the fiscal year, with an impact on the budgets of revenue and current expenditure of the provincial budgets and the special municipality of Isla de la Juventud, to notify changes in their planned budget results, provided that they do not cause an excess to the deficit approved for the State Budget.
ARTICLE 13.-The Central Budget assigns to the provincial and special municipality budgets, by means of transfers of specific destination, the financial resources necessary to support the decisions of the State adopted during the fiscal year, which will increase the levels of public expenditure approved in their respective budgets, provided that they cannot be covered with savings in expenditure.
Article 14. The Provincial Assemblies of the People's Power determine, as appropriate, for each of its municipalities, the percentages of participation in the revenue concepts of the Central Budget that have been established, ensuring that in its Each provincial budget shall comply with the participation established in Article 11 of this Law.
- When the income to be received for participation in a municipality is not sufficient to cover the thirty percent (30 percent) of its current expenditure of the budgeted activity, the Provincial Assemblies of the People's Power allocate the required transfer to cover that ratio.
ARTICLE 15.-The Provincial Assemblies of the People's Power fix the maximum transfers from the provincial budget to the municipal budgets for the grant, to cover the excess of current expenditure approved, on the income Planned and participatory.
ARTICLE 16. -From the Central Budget, the necessary financing for Capital Expenditure is transferred to the provincial budgets, in accordance with the decisions to be taken in the course of the fiscal year and after the approval of the Plan. Investment by the Ministry of Economy and Planning. The budget of each province is allocated to the municipal budgets the corresponding financing.
Article 17: The agencies of the Central Administration of the State and the Councils of the Administration of the Provincial and Municipal Assemblies of the People's Power approve and check the implementation of the programs for budgetary verification in the entities that are subordinate to them, that guarantee the fulfillment of the planned revenues of the units budgeted for the State Budget, and the efficient and efficient use of the allocated budgetary resources, in accordance with the established for these purposes by the Ministry of Finance and Prices.
ARTICLE 18.1-The Office of the National Tax Administration organizes and executes the necessary actions to ensure the greatest discipline in the timely payment of taxes and other non-tax revenues, both from natural and legal persons, to to secure the financial resources provided for in the State Budget by strengthening fiscal audits.
- The organs and agencies of the State must strengthen and improve their work to combat the illegal exercise of productive activities and the provision of services, by legal and natural persons, contributing to greater social and social discipline. increase of the State's revenue.
SPECIAL ARRANGEMENT
UNICA : The Ministry of Finance and Prices, as a body of the Central State Administration and the rector of public finances in the country, will dictate how many additional provisions are necessary for the best compliance with the provisions of the Law.
FINAL PROVISIONS
FIRST : The Ministry of Finance and Prices is authorized, on the basis of the total revenue and expenditure of the Budget 2008, established by this Law in its Article 2, to notify the budget of revenue and expenditure fixed to each organ and body of the State, as well as the organizations and associations linked to the Central Budget, setting the limits of expenditure with a managerial character that correspond to and applying the procedures for allocation, implementation and control to ensure that the efficiency in the budgetary implementation process.
SECOND: The organs and agencies of the State, as well as the organizations and associations linked to the Central Budget, on the basis of the budgets of expenditure notified by the Ministry of Finance and Prices, notify and disaggregate these in their systems and ensure, through the rational use of financial resources in the budgeted activities and higher levels of economic efficiency in the business activities, that the budgeted units and the enterprises are adjusted to the limits of the expenditure allocated, without affecting, in the main, the planned levels of production and provision of services.
THIRD: The heads of the State's organs and agencies, the companies and units budgeted for them and the organizations, associations and other institutions linked to the budget are responsible for the administration. and control of the execution of the budgets that are notified to them by the Ministry of Finance and Prices, as established by the Final Disposition First of this Law, and are in the obligation to adjust in their execution to the limits establish.
FOURTH : The Ministry of Finance and Prices may only amend the budget of expenditure notified as a limit to the bodies and agencies, and organizations and associations linked to the Central Budget, when the increase of these funds responds to decisions of the Council of State and the Council of Ministers not foreseen in the planning process.
QUINTA: It is delegated to the Ministry of Finance and Prices so that, during the implementation of the State Budget, it will make adjustments to the various expenditure and revenue measures, which are derived from decisions of the State Council and the Council of Ministers, provided that the Budget Deficit set out in Article 2 of this Law is not increased.
SIXTH : It shall be repealed as many laws and regulations shall be contrary to the provisions of this Law, which shall begin to apply from 1 January 2008.
DADA in the Chamber of the National Assembly of the People's Power, the Palace of the Conventions, in the city of Havana, at the twenty-eight days of the month of December, two thousand seven.
