Advanced Search

Amendments To The Law "on The Free Ports And Special Economic Zones"

Original Language Title: Grozījumi likumā "Par nodokļu piemērošanu brīvostās un speciālajās ekonomiskajās zonās"

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
The Saeima has adopted and the President promulgated the following laws: the amendments to the law "on the free ports and special economic zones" make law "on taxation of free ports and special economic zones" (Latvian Saeima and the Cabinet of Ministers rapporteur, 2001, no. 17; 2003; 2004, 13. No, No 9, No 4; 2005) follows: 1. Replace the entire law, the word "entrepreneurship" (fold) with the word "commercial" (the fold) and the word "company" (folds) – with the word "Corporation" (fold).
2. in article 1: replace the second subparagraph of paragraph 1, "b"-position, 6. point "a" and in paragraph 11, the word "businessman" (fold) with the word "Corporation" (fold);
make the second paragraph of point 12, the following wording: "12") zone or licensed corporation a corporation of investments made, the zone corporation or the licensed corporation, as well as the area of the administration of the free port administration or fixed assets the long-term investment [investment in tangible assets (buildings, constructions, technological equipment and machines, unfinished construction site) and intangible assets (costs of obtaining patents and technologies)] that meets the following conditions: (a)) for the zone and the zone corporation or licensed by the Government and Freeport Corporation in a contract concluded by an investment or a free port or area in the decisions of the Management Board , b) correspond to the European Commission of 24 October 2006 of Regulation (EC) No 1628/2006 on 87 and 88 of the Treaty. the application of the article to national regional investment aid (hereinafter referred to as Commission Regulation No 1628/2006) article 2, paragraph 1, "c", as well as in article 4 2, 5 and 8. "
3. turn off the second part of article 3 paragraph 2, the word "fully".
4. Supplement article 5 with the fourth paragraph as follows: "(4) permission to apply direct tax relief zone or a free port authority administration does not grant the following corporations: 1) of the Act in paragraph 1 of annex 1 of the above corporations of the transport sector;
2) of this Act listed in annex 2 steel industry Corporation;
3) of this Act listed in annex 3 synthetic fibre production sector corporations;
4. Annex 4 to this Act) of the agricultural industry in the Corporation;
5) of this Act listed in annex 5 enterprises in the fisheries sector;
6) of this Act listed in annex 6 coal industry enterprises;
7) this law annex 7 referred to in paragraph 1 of the shipbuilding industry corporations. "
5. in article 8: make the first paragraph by the following: "(1) a zone corporation or a licensed corporation article 6 of this law in the first and second paragraphs of article 7 laid down in the first paragraph of discounts apply during the tax period, when the accumulated amount of direct tax rebates and the tax period in accordance with article 6 of this law, first and second subparagraph, and article 7, first subparagraph, the calculated discount total does not exceed the following percentage applicable to the corporation concerned from the accumulated amount of investment (if is followed in part four of this article, certain limitations) : 1) zone corporation or licensed corporation, which exceeds the Commission of 25 February 2004 of Regulation (EC) no 364/2004 amending Regulation (EC) No 70/2001 as regards the extension of its scope to include aid for research and development, 1. the criteria set out in Annex — 50 per cent of the amount of accumulated deposits account (in accordance with Commission Regulation No 1628/2006 article 1, point "b");
2) zone corporation or licensed corporation, which corresponds to the Commission's 25 February 2004 of Regulation (EC) no 364/2004 amending Regulation (EC) No 70/2001 as regards the extension of its scope to include aid for research and development, as specified in annex 1 of the Corporation, on average 60 Pro cents from accumulated amount of investment (in accordance with Commission Regulation No 1628/2006 in article 4, paragraph 1, last sentence);
3) zone corporation or licensed corporation, which corresponds to the Commission's 25 February 2004 of Regulation (EC) no 364/2004 amending Regulation (EC) No 70/2001 as regards the extension of its scope to include aid for research and development, as specified in annex 1 small Corporation status, — 70 percent of the accumulated amount of investments (in accordance with Commission Regulation No 1628/2006 in article 4, paragraph 1, last sentence);
4) zone corporation or licensed corporation, as defined in annex 4 of this law in paragraph 2 (processing of agricultural products and trade Corporation): (a) small and medium Corporation) — 50 per cent of the accumulated amount of investments (in accordance with Commission Regulation No 1628/2006 in article 4, point 10 "a"-point), (b)) Corporation, which is not a small or medium Corporation, but has less than 750 employees and whose turnover is less than 200 million euros equivalent in lats according to the Bank of Latvia the previous year's average exchange rate — 25 percent of the accumulated amount of investments (in accordance with Commission Regulation No 1628/2006 in article 4, point 10 b). ";
turn off the third;
replace the fourth subparagraph, the words "European Commission" with the words "Cabinet".
6. To supplement the law with article 8.1 as follows: "article 8.1.  Restrictions on the application of direct tax rebates for large investment projects in the zone corporation or the licensed corporation for big investment projects planned to be undertaken in the framework of the investment cost exceeds 50 million euros equivalent in lats in accordance with the established by the Bank of Latvia exchange rate on the day when the contract was concluded on the following investment between zones and the zone corporation or the management of the Freeport and licensed corporation, the following conditions shall apply: 1) does not apply to this Act article 8 laid down in the first paragraph of a percentage of the accumulated amount of investments but the Cabinet will decide on the maximum interest that can be achieved during the tax period the accumulated amount of direct tax rebates in relation to zone corporations or licensed corporations accumulated investment amount not exceeding: (a)) 50 percent of the accumulated amount of investments of the investment projects of up to EUR 50 million, (b)) 25 percent of the accumulated amount of investments for the project part of 50 to 100 million euros, 17 percent of c) accumulated investment amount for part of the project exceeding 100 million euros;
2) zone or a free port authority Office within 10 working days after the conclusion of the contract for such investment shall be submitted to the Finance Ministry to Commission Regulation No 1628/2006 the information laid down in annex 2;
3) if investment to planned cost exceeds 100 million euro and the applicable amount of direct tax relief to the following investment project exceeds 28 million 125 thousand euros for the planned large investment project separately notified to the European Commission and the implementation of investment projects launched only after receipt of the decision of the European Commission about the aid's compatibility with the Treaty establishing the European Community article 87. "
7. Replace article 10 and article 11, second paragraph, the words "and article 8, first paragraph, point 1 or 2" with numbers and the words "article 8, first paragraph, 1, 2, and 3, point 4, paragraph" a "or" b "in subparagraph or paragraph 1 of article 8.1".
8. in article 12: put the fifth subparagraph of paragraph 3 as follows: "3) which stopped commercial activities or the activities of which terminate in accordance with the Law.";
to supplement the article with the sixth part as follows: "(6) the administration of the zone or free port authority by the State revenue service territorial institution, municipality, or at the request of the Ministry of finance with the it zone corporation or the licensed corporation a contract concluded on the investment and the annex to the agreement, the planned investment schedule."
9. To supplement the law with article 12.1, as follows: "article 12.1.  Information on the application of direct tax rebates in a zone corporation or a licensed corporation that receives direct tax rebates in the framework of this law, holds data for the investments made and received direct tax rebates for 10 years from the year in which the last zone corporation or licensed corporation applied direct tax rebates under the conditions of this law. "
10. transitional provisions be supplemented by paragraph 13 and 14 by the following: ' 13. Zone Corporation or a licensed corporation that operates in annex 5 of this law that the fisheries sector, by 1 January 2007 continue to apply direct tax relief on investments made by 31 December 2006, in accordance with the law which was in force up to 31 December 2006.

14. A zone corporation or a licensed corporation that operates in annex 5 of this law that the fisheries sector, by 1 January 2007 continue to apply direct tax relief on investments made after 1 January 2007, in accordance with the agreement on investments, concluded between the zone and the zone corporation or the management of the Freeport and licensed corporation up to 30 December 2006. To the fisheries sector the Corporation would get tax breaks for investments made after 1 January 2007, the exact contract concluded shall plan, investment amounts and the dates by which the investments will perform. Direct tax incentives for investments made after 1 January 2007, in accordance with the law which was in force up to 31 December 2006. "
11. Make the informative reference to Commission Regulation by the following: "Informative reference to Commission Regulation under this law of the aid provided by the European Commission on 24 October 2006.ga da Regulation (EC) No 1628/2006 on the Treaty establishing the European Community and article 87.88 application of national regional investment aid (published in the official journal of the European Union L 302, 1.11.2006, p. 29)."
12. To supplement the law with 1., 2., 3., 4., 5., annex 6 and 7 as follows: "the law" For the free ports and special economic zones "annex 1 Transport sector corporations 1. the Transport sector, within the meaning of this law, a corporation is a corporation that provides the following transport (transport) services (providing it requires a license): 1) maritime transport services;
2) air transport services;
3) land road transport services;
4) rail transport services;
5) urban transport services;
6) inland shipping services;
7) combined transport services. 
2. A corporation whose activities associated with a bearer of port services to youth (such as pilotage, tugs, stividorpakalpojum) the port area or outside it, within the meaning of this law are not considered to be a capital company in the transport sector.
The law "On the free ports and special economic zones" annex 2 steel industry Corporation's steel industry within the meaning of this law, a corporation is a corporation that manufactures the following products: no PO box
The product code of the combined nomenclature [according to the official journal of the European Union L 279, 23.10.2001. published by the Council on 6 august 2001, Regulation (EC) no 2031/2001 amending Council 1987 23 July, regulations (EEC) No 2658/87 on the tariff and statistical nomenclature and on the common customs tariff 1.] 1.
Cast iron 7201 2.
Ferro in 7202 11 20; 7202 11 80; 7202 99 11 3.
Iron ore direct reduction the feroprodukt and other feroprodukt to spongy 7203 4.
Iron and non-alloy steel 7206 5.
Iron or non-alloy steel semi-finished 7207 11 11; 7207 11 14; 7207 11 16; 7207 12 10; 7207 19 11; 7207 19 14; 7207 19 16; 7207 19 31; 7207 20 11; 7207 20 15; 7207 20 17; 7207 20 32; 7207 20 51; 7207 20 55; 7207 20 57; 7207 20 71 6.
Iron or non-alloy steel flat rolled products 7208 10 00; 7208 25 00; 7208 26 00; 7208 27 00; 7208 36 00; 7208 37; 7208 38; 7208 39; 7208 40; 7208 51; 7208 52; 7208 53; 7208 54; 7208 90 10; 7209 15 00; 7209 16; 7209 17; 7209 18; 7209 25 00; 7209 26; 7209 27; 7209 28; 7209 90 10; 7210 11 10; 7210 12 11; 7210 12 19; 7210 20 10; 7210 30 10; 7210 41 10; 7210 49 10; 7210 50 10; 7210 61 10; 7210 69 10; 7210 70 31; 7210 70 39; 7210 90 31; 7210 90 33; 7210 90 38; 7211 13 00; 7211 14; 7211 19; 7211 23 10; 7211 23 51; 7211 29 20; 7211 90 11; 7212 10 10; 7212 10 91; 7212 20 11; 7212 30 11; 7212 40 10; 7212 40 91; 7212 50 31; 7212 50 51; 7212 60 11; 7212 60 91 7.
Iron or non-alloy steel hot rolled bars, loosely wound bundles 7213 10 00; 7213 20 00; 7213 91; 7213 99 8.
The rest of iron and non-alloy steel rods 7214 20 00; 7214 30 00; 7214 91; 7214 99; 7215 90 10 9.
Iron and non-alloy steel angles, shapes and sections 7216 10 00; 7216 21 00; 7216 22 00; 7216 31; 7216 32; 7216 33; 7216 40; 7216 50; 7216 99 10 10.
Stainless steel 7218 10 00; 7218 91 11; 7218 91 19; 7218 99 11; 7218 99 20 11.
Stainless steel flat-rolled products 7219 11 00; 7219 12; 7219 13; 7219 14; 7219 21; 7219 22; 7219 23 00; 7219 24 00; 7219 31 00; 7219 32; 7219 33; 7219 34; 7219 35; 7219 90 10; 7220 11 00; 7220 12 00; 7220 20 10; 7220 90 11; 7220 90 31 12.
Stainless steel rods 7221 00; 7222 11; 7222 19; 7222 30 10; 7222 40 10; 7222 40 30 13.
Other alloy steel flat rolled products 7225 11 00; 7225 19; 7225 20 20; 7225 30 00; 7225 40; 7225 50 00; 7225 91 10; 7225 92 10; 7225 99 10; 7226 11 10; 7226 19 10; 7226 19 30; 7226 20 20; 7226 91; 7226 92 10; 7226 93 20; 7226 94 20; 7226 99 20 14.
Other alloy steel rods 7224 10 00; 7224 90 01; 7224 90 05; 7224 90 08; 7224 90 15; 7224 90 31; 7224 90 39; 7227 10 00; 7227 20 00; 7227 90; 7228 10 10; 7228 10 30; 7228 20 11; 7228 20 19; 7228 20 30; 7228 30 20; 7228 30 41; 7228 30 49; 7228 30 61; 7228 30 69; 7228 30 70; 7228 30 89; 7228 60 10; 7228 70 10; 7228 70 31; 7228 80 15.
Piling 7301 10 00 16.
 Rails and sleepers 7302 10 31; 7302 10 39; 7302 10 90; 7302 20 00; 7302 40 10; 7302 10 20 17.
Seamless tubes, pipes and hollow profiles 7303; 7304 18.
Welded iron or steel tubes and pipes, of an external diameter exceeding 406.4 mm 7305 law "For the free ports and special economic zones" annex 3 synthetic fibre production sector corporations of synthetic fibre production sector within the meaning of this law, a corporation is a corporation that deals with: 1) all types of polyester, polyamide, acrylic or polypropylene fibre and yarn (whatever it uses) extrusion or texturing;
2) polymerisation (including polycondensation) where it used equipment combined with extrusion in terms;
3) subsidiary, associated with simultaneous extrusion texturisation capacity by the prospective, beneficiary or other Corporation of the group, which includes the potential beneficiary of the aid, and that the appropriate way of business in terms of equipment used is usually combined with such power.
The law "On the free ports and special economic zones" in annex 4 of the agricultural industry the agricultural industry Corporation a corporation within the meaning of this law, is the capital of the company, which makes: 1) of the Treaty establishing the European Community, the products referred to in annex 1 of the primary production (farming) and the manufacture and marketing of products which imitate or substitute for milk and milk products, as specified in the Council of 2 July 1987 of Regulation (EEC) No 1898/87 on the protection of designations which are used for trade in milk and milk products, article 3, paragraph 2;
2) processing and agricultural products trade, with the exception of paragraph 1 of this annex in certain milk or milk product substitutes.
The law "On the free ports and special economic zones" of annex 5, the Corporation of the fisheries sector Fisheries Corporation within the meaning of this law, is the capital of the company that produced the 1999 Council of 17 December, Regulation (EC) No 104/2000 on the common organisation of the markets in fishery and aquaculture products referred to in article 1 the fisheries products.
The law "On the free ports and special economic zones" annex 6 coal industry Corporation for the coal industry within the meaning of this law, a corporation is a corporation that acquires or produces the Council of 23 July 2002, Regulation (EC) No 1407/2002 on State aid to the coal industry "in article 2 (a) referred to" coal.
The law "On the free ports and special economic zones" Annex 7 shipbuilding industry Corporation shipbuilding industry corporation within the meaning of this law are corporations that perform: 1. Ship building, repair or conversion that: 1) shipbuilding is a self-propelled seagoing commercial vessels;
2) ship repair is, of self-propelled seagoing commercial vessels, repair or restoration;
3) is the refit of self-propelled seagoing commercial vessels, conversion of a capacity not less than 1000 gt, on condition that conversion operations involve major changes in the location of the cargo area, the hull, propulsion system or the passenger accommodation;
4) self-propelled seagoing commercial vessels are: a) vessels totalling no less than 100 gross tons and used passenger and (or) for the carriage of goods, (b)) special services (for example, dredgers and ice breakers), totalling no less than 100 gt c) power tugs of not less than 365 kW, d) fishing vessels with a tonnage of less than 100 gross tons ,

e) this paragraph "a", "b", "c" and "d" referred to ships completed cases that are afloat and mobile;
5) self-propelled seagoing vessel means a vessel which through its propulsion and steering, has all the characteristics to be applied to independent shipping on the high seas.
2. Warships (vessels according to their construction characteristics and capability are specifically intended to be used only for military purposes, such as warships and other vessels for offensive or defensive) and other military purposes intended for ship building, repair and conversion, provided that such vessels are not disguised actions taken actions taken in favour of commercial shipbuilding. "
The law shall enter into force on 1 January 2007.
The Parliament adopted the law of 19 December 2006.
State v. President Vaira Vīķe-Freiberga in Riga, December 29, 2006, in the Editorial Note: the law shall enter into force by 1 January 2007.