Key Benefits:
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LEGISLATIVE FUNCTION
LAW
NATIONAL ASSEMBLY:
-Expire the Organic Law of Redistribution of Income for Social Spending ........................... 1
FUNCTION EXECUTIVE
RESOLUTION:
ENVIRONMENT MINISTRY:
CANAR PROVINCIAL ADDRESS
002 Approve Ex-post Environmental Impact Study and Project Environmental Management Plan " ALTAFLOR CIA PLANTATIONS. Ltda. ", located in the canton Biblian, Canar Province ........................................................ 5
REPUBLIC of Ecuador
NATIONAL ASSEMBLY
Office No. SAN-2012-1542
Quito, December 05, 2012
Lord Engineer Hugo del Pozo Barrezueta Director of the Office of the Official Register City
Of my consideration:
The National Assembly, in accordance with the powers that gives it the Constitution of the Republic of Ecuador and the Organic Law of the Legislative Function, discussed and approved the project of ORGANIC LAW OF REDISTRIBUTION OF INCOME FOR SOCIAL EXPENDITURE.
S U P L E M E N T O
Year IV-Nº 847
Quito, Monday 10 December 2012
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2 -- Supplement -- Official Registration No. 847 -- Monday, December 10, 2012
In session on December 4, 2012, the National Assembly plenary met and gave a statement on the partial objection presented by the Lord. Constitutional President of the Republic.
For the above; and, as provided for in Article 138 of the Constitution of the Republic of Ecuador and Article 64 of the Organic Law of the Legislative Function, it accompanied the text the ORGANIC INCOME REDISTRIBUTION FOR SOCIAL EXPENDITURE, so that it can be published in the Official Register.
Atently,
f.) DR. ANDRES SEGOVIA S., Secretary General.
REPUBLIC of Ecuador
NATIONAL ASSEMBLY
THE PLENO
CONSIDERING:
What, in the numeral 1 of Article 3 of the Constitution of the Republic it is established that it is the primary duty of the State to guarantee, without any discrimination, the effective enjoyment of the rights established in it and in international instruments, in particular education, health, food, social security, and water for its inhabitants; plan national development and eradicate the poverty, promote sustainable development; and, equitable redistribution of resources and wealth to access good living;
That, the number 2 of article 66 of the Constitution of the Republic recognizes and guarantees people the the right to a dignified life that ensures health, food and nutrition, clean water, housing, environmental sanitation, education, work, employment, rest and leisure, physical culture, clothing, social security and other necessary social services;
What, Article 286 of the Constitution of the Republic establishes that public finances are conduct sustainable, responsible and transparent efforts to achieve economic stability; and Article 287 ibidem points out that for any obligation financed by public resources, the corresponding source of funding must be provided;
What, Article 300 of the Constitution of the Republic enshrines the application of the principle of progressiveness in the design of the tax regime;
That, the number 15 of article 83 of the Constitution of the Republic, establishes as fundamental duty
the Ecuadorians
Ecuadorians, to cooperate with the State and the community in social security, and to pay the taxes established by the Law;That, under the rules set forth, with the aim that through the application of taxes can be achieved a financing of the Human Development Bond, the Constitutional President of the Republic of Ecuador, by trade No. T. 6579-SNJ-12-1236, of 25 October 2012, in exercise of the privileges conferred by Article 135 of the Constitution of the Republic of Ecuador, refers to the National Assembly the project of " Organic Law of Redistribution of Income for Social Spending "; and,
In use of its constitutional and legal privileges, it issues the following:
ORGANIC LAW OF REDISTRIBUTION OF INCOME FOR SOCIAL EXPENDITURE
Article 1.- Exorder the following reforms to the Internal Tax Regime Act:
a) In the second paragraph of Article 37 replace the phrase: "private financial institutions, savings and credit cooperatives and the like," by: " the organizations of the popular and solidarity financial sector subject to the control of the Superintendence of the Popular Economy and Solidarity and mutual savings and credit associations for housing, "
b) Add to Article 41 (2) (m), the following literal:
" n) Private financial institutions and companies credit card managers and broadcasters, subject to the supervision of the Superintendence of Banks and Insurance, except mutual savings and credit associations for housing, will pay 3% of the taxable income of the previous year; this percentage may be reduced in duly justified cases for reasons of In the case of the economic or social sector, up to 1% of the taxable income, in general or in terms of segments, is subject to a report by the Ministry responsible for economic policy and the Internal Revenue Service. "
c) Replace in Article 41 (b) the item that reads: " Institutions subject to the supervision of the Superintendency of Banks and Insurance and savings and credit cooperatives and the like, shall not consider in the calculation of the advance the monetary assets. ", by the following text:" The organizations of the popular and solidarity financial sector subject to the control of the Superintendence of Popular and Solidarity Economy and the mutual associations of savings and credit for the housing, shall not consider in the calculation of the advance the monetary assets. "
Supplement -- Official Record No. 847 -- Monday December 10, 2012 -- 3
d) Of Article 56 number 12 remove the following sentence: "financials and".
e) In Article 106 replace the expression: " 30 up to $1,500 from the United States of America ", by: " 1 to 6 unified basic worker remuneration ".
f) At the end of Article 106, remove the endpoint (". ") and add the following text:
" and will be delivered directly, without any prior processing or intermediation, whatever this may be, to any authority.
Financial institutions subject to the control of the Superintendence of Banks and Insurance and the organizations of the popular and solidarity financial sector, subject to the control of the Superintendence of Popular and Solidarity Economy that do not comply with the delivery of the required information. by any means by the Internal Revenue Service, will be sanctioned with a fine of 100 to 250 unified basic wages of the worker in general for each requirement. The Tax Administration shall grant at least 10 working days for the delivery of the requested information.
The misuse, misuse or unauthorized use of the information provided to the Internal Revenue Service by its officials will be sanctioned in accordance with current regulations.
The bank information submitted to stealth or subject to reservation, obtained by the Internal Revenue Service under this procedure, will have the character of compliance with the provisions of the final paragraph of Article 101 of the Internal Tax Regime Law only and exclusively may be used in the exercise of its legal powers. The Internal Revenue Service shall take the necessary internal organisational measures to ensure its reservation and to monitor its proper use. The misuse of information will be sanctioned civil, criminal or administratively, as the case may be. "
Article 2.- Exorder the following reforms to the Reform Law for Tax Equity in Ecuador:
a) A continuation of the added article added after Article 162 add the following unnumbered article:
" Art. (...).-Payments for Tax Leave, liable to be considered as tax credit for the payment of the Income Tax, in accordance with the previous article, that have not been used as such in respect of the financial year the tax on which they were generated or in respect of the four subsequent fiscal years, may be the subject of return by the Internal Revenue Service, upon request of the taxable person.
This request will be received once the the taxpayer has submitted the corresponding income tax return for the financial year the tax on which these ISD payments were made. The Internal Revenue Service, if applicable, will arrange the refund of the tax paid, ordering the issuance of a credit note, which will be freely negotiable at any time, and will be used to pay the income tax within the
return will not proceed with the ISD values considered as deductible expenses, in the respective Income Tax return. "b) Replace Article 183 by the following:
" Art. 183.-Made Generator.-This is considered a generator of this tax:
1. The holding of any title of funds available in entities domiciled outside the national territory, either directly or through affiliated subsidiaries or offices outside the taxable person; and,
2. Investments abroad of entities regulated by the National Securities Council. "
c) Replace item 187 with the following text:
" Art. 187.-Tarifa.-The rate of this tax is 0.25% monthly on the basis of taxable amount applicable for funds available in foreign entities and investments issued by issuers domiciled outside the national territory.
When raising funds or investments that are maintained or made through subsidiaries located in tax havens or preferential tax regimes or through affiliates or offices outside the taxable person, the fee This fee may be reduced in duly justified cases, and shall be 0,35% per month on the basis of assessment. justified for economic or social reasons, through Executive Decree, up to 0.1%, in general or segment, prior to reports from the Ministry responsible for economic policy, and the Internal Revenue Service. "
Art. 3.- Exorder the following reforms to the General Law of Institutions of the Financial System:
a) At the end of the third paragraph of Article 88, remove the endpoint (".") , and add the following text: ", except if such operations are required by the Internal Revenue Service, where the institutions will have the obligation to provide personalized and biased information about deposits and other captions of any kind which are carried out in their establishments. '
b) Realse the following changes to Article 91:
4 -- Supplement -- Official Record No. 847 -- Monday December 10, 2012
1. In point c, following the phrase "the Central Bank of Ecuador" replace the comma (,) with the letter "and"; and remove the phrase "and the tax administration"; and,
2. Following point (g) add the following point (h):
" h) Any information requested by the Internal Revenue Service, directly, without any processing or intermediation, and in the conditions and form that this entity provides, for its purposes of management, control, determination and tax collection. "
c) Add to the following point (g) of Article 175 (g):
" g) Set the maximum amount of remuneration of the administrators and legal representatives of the institutions under their control. "
Art. 4.- Following the final article 95 of the Organic Law of the Popular and Solidarity Economy and the Popular and Solidarity Financial Sector, add the following text: " The organizations of the popular and solidarity financial sector have the obligation to deliver to the Internal Revenue Service, directly, without any process or intermediation, and under the conditions and form that this entity has, any information that is required for its management purposes, control, determination and tax collection. "
Art. 5.- In the first paragraph of article 20 of the Law of Creation of the Internal Revenue Service following the sentence: "Public sector entities, societies, private organizations," add: ", the institutions financial and solidarity financial sector organizations "; and, of the second indent, remove: " through the Superintendent of Banks, banks and other entities subject to their control, ".
GENERAL PROVISIONS
FIRST.- To financial institutions domiciled in Ecuador, in the This reform, in the transactions and services carried out in the country, is strictly forbidden to carry the tax burdens determined in this Law, to the clients and users of the same.
The Superintendence of Banks and Insurance and the Internal Revenue Service, within their jurisdiction, shall monitor, monitor, control and sanction in an exemplary manner the failure to comply with this provision.
SECOND.- The Ministry of Economic Inclusion and It will continue, within its territorial strategy, strengthening its action in the frontier zones and
Amazon region in order to ensure that, among the beneficiaries of the human development bond that are designated in accordance with the relevant regulations, the elderly and those with disabilities are prioritized. find in that vulnerability situation.
The Executive Function will maintain the power of regulation, administration, operation, monitoring and payment of the aforementioned Bono.
TRANSIENT provisions
FIRST.- Ministry of Economic and Social Inclusion, within 90 days of published in the Register This Law, will inform the Permanent Specialized Commission of the Economic and Tax Regime and its Regulation and Control of the National Assembly, regarding compliance with the promotion measures referred to in Article 137 of the Law Organic People's Economy and Solidarity and the Popular and Solidarity Financial Sector.
SECOND.- The Internal Revenue Service, within 90 days of published in the Official Register this Law, will inform the Specialized Commission Permanent of the Economic and Tax Regime and its Regulation and Control of the National Assembly, in respect of the tax burden of the hundred largest economic groups in the Country.
REPEAL PROVISION:
FIRST: Repeal the third paragraph of Article 33 of the Internal Tax Regime Act.
FINAL DISPOSITION:
UNICA.- This Law shall enter into force on the basis of its publication in the Official Register.
Given and subscribed at the headquarters of the National Assembly, located in the Metropolitan District of Quito, province of Pichincha, to the four days of the month of December of two thousand twelve. f) FERNANDO CORDERO CAVE President f) DR. ANDRES SEGOVIA S. Secretary General.
CERTIFIED that the National Assembly discussed and approved the ORGANIC LAW OF REDISTRIBUTION OF INCOME FOR SOCIAL EXPENDITURE, in the first debate on November 8, 2012, in the second debate on 20 of November 2012 and gave a statement on the partial objection of the President of the Republic on 4 December 2012.
Quito, December 5, 2012
f.) DR. ANDRES SEGOVIA S., Secretary-General.
