Rural Real Estate Concentration. Tax (Icir). Creation.

Original Language Title: Inmuebles Rurales Concentracion. Impuesto (Icir). Creacion.

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Read the untranslated law here: https://parlamento.gub.uy/documentosyleyes/leyes/ley/18876

IMPOSED on the concentration of rural properties creating the Senate and the Chamber of representatives of the Republic East of the Uruguay, gathered at General Assembly, Decree: article 1. (Creation)-create an annual tax to be called tax the concentration of rural real estate (ICIR), which will fall on the rural properties which, as a whole, exceed the 2,000 hectares by holder 100 CONEAT index or equivalent. For the purposes of the concept of rural properties it will be as provided by articles 30 and 31 of the law Nº 18.308, of June 18, 2008, without prejudice to the provisions of article 283 of the Rural Code, law No. 10.866, on October 25, 1946, and article 596 of the Civil Code. Article 2º. (Sujetos pasivos).-will be taxable persons of the tax: to) individuals, households and the undivided, always their rural properties to the end of the year as a whole exceed the 2,000 hectares CONEAT 100 index or equivalent.

For this purpose, the spouses and common-law spouses will be taxed as a single taxable person by way of family computing jointly the entire real estate rural property or allocated pursuant to article 3 of this law.

((B) those who are mentioned in the article 3 ° of the title 4 of the ordered text 1996, except individuals who will necessarily be taxed by the literal to).

(C) legal persons formed abroad included in article 5 of the tax to the income of non-residents, the title 8 of the ordered text 1996.

(D) other holders of the encumbered property not included in the above literals. Non-resident persons shall designate a natural person or legal resident in national territory represent them before the tax administration in relation to their tax obligations. When some taxable persons referred to in this article is included in more than one literal, it must be a settlement by each of them. Section 3. (HO, partners and shareholders nominee)-nominee the condominium owners, partners, and shareholders counted in active staff share part that corresponds to them in all the rural properties, their respective condos or societies whenever condominiums or corporations is not subject to the payment of the tax. Condominiums, legal persons and registered companies not subject to the payment of the tax, shall declare the amount of hectares provided the CONEAT 100 index of the rural properties which are holders and, where applicable, the share part that corresponds to each condominium, partner or nominee shareholder, within the time established regulations. Article 4. (Monto deel impuesto por cada hectárea)-the total number of hectares of rural properties owned by the taxable person shall provide to an index CONEAT 100 whereas the own CONEAT index of each register, and of that total the following amounts must be applied per hectare: to) 67 (sixty-seven units indexed) IU per hectare for taxable persons owners of a surface of up to 5,000 hectares CONEAT 100 or equivalent.

(B) 100 IU (100 units indexed) per hectare for taxable persons owners of a top surface of up to 10,000 hectares CONEAT 100 or equivalent.

(C) 135 IU (one hundred and thirty-five units indexed) per hectare for taxable persons owners of an area exceeding 10,000 hectares CONEAT 100 or equivalent. In the case of dismemberment of ownership of rural real estate, the corresponding hectares shall be charged to taxable persons holders of the property. 5 article. (Settlement of the tax).-the tax will be assessed on the basis of rural property of the taxpayer December 31 of each year. Authorized tax administration to determine payments on account of tax under the conditions that set the rules. 6 article. (Deducción no admitida)-replaced the literal F) of article 24 of the title 4 of the ordered text 1996, by the following: "F) the tax on the income from economic activities, heritage tax and the concentration of rural real estate tax". 7 article. (Generic exemptions).-Generic exemptions of taxes previous to the present law, except those that are expressly included therein, without prejudice to the exemptions established by constitutional requirements and its interpretive laws shall be repealed for this tax. Interpreted for the purposes of this tax, not he governed as provided by articles 39 and 43 of the law Nº 15.939, of December 28, 1987. Article 8. (Immunity and waiver).-the tax will not apply to the State, bodies falling within the articles 220 and 221 of the Constitution of the Republic, departmental governments and non-State public people from social security. For the purposes of the determination of the surface of the rural properties not be taken into account the surface occupied by native forest consisting in "Registration of forest natives" of the Directorate General forest for the Ministry of livestock agriculture and fishing. 9 article. (Economic ensembles)-where there are two or more owners of rural properties of a same economic unit, may determine the tax on a consolidated basis, being these holders jointly and severally responsible for the payment of the same. Article 10. (office fundraising and Comptrollers).-the tax will be assessed by affidavit. The active subjects of the legal relationship tax will be the departmental governments. Regulation available collaboration or participation of fundraising public bodies for the purposes of determining taxable persons of the tax, in accordance with the concentration of rural properties in more than one departmental jurisdiction, and for the purpose of carrying out the tasks of the same collection, serving expressly established in article 11 of this law as well as other tasks associated with the Administration and implementation of this tax. Article 11. (Destination)-produced the tax, with destination to the departmental governments, will be managed under the terms established regulations, by a Fund, in the framework of the sectoral Commission provided for in the literal B) of the fifth paragraph of article 230 of the Constitution of the Republic, who shall serve fundamental to meet expenses and investments derived from related repairs to the departmental rural roads and access to the industrial and commercial establishments located in the Department. Article 12. (Applicability of the tax code).-for the purposes of this tax shall apply the provisions of the tax code in all matters not provided for expressly by this law. SECTION II article 13. (Rentas por enajenación de inmuebles rurales para contribuyentes deel Impuesto a las Rentas de las Personas Físicas).-replace the last paragraph of the literal B) of article 20 of the title 7 of the ordered text 1996, by the following: "for non-rural property acquired prior to July 1, 2007, the taxpayer may choose to determine the computable income, applying to the sale price or the value in square , as appropriate, 15% (fifteen per cent). In any case the value considered for the application of the percentage referred may be less than the current real value set by the National Directorate of land registry.

  For rural property acquired prior to July 1, 2007, the taxpayer may choose to determine the income computable, by applying to the value in square of the property of July 1, 2007, 15% (fifteen per cent), more the difference between the price of the transaction of the property and the value in square of the building to July 1, 2007 provided that this difference is positive. In any case the value considered for the application of the percentage referred may be less than the current real value set by the National Directorate of land registry. The provisions of this subsection shall be applicable to disposals of real estate as of January 1, 2012.

  For the determination of the value in square of the building to July 1, 2007, is deflactara the price of the transaction by applying half the increase of the price index of sale of the real estate rural (IMIPVIR), published on the last day of the month immediately to alienation, in conditions to be determined by the Executive branch. For the purposes of determining the difference referred to in the preceding paragraph, the result will be adjusted by the increase in the value of the indexed unit between July 1, 2007 and the last day of the month of the used index (IMIPVIR).

  In the case of transmission of property originated in grants or transfers free of charge, shall be deemed acquisition cost to the current actual value set by the National Directorate of land registry.


  Proceeds under the alienation of rural properties that concerns this article carried out from January 1, 2012, will be affected by development policies of the National Institute of colonization". Article 14. (Income from the alienation of rural properties for taxpayers of the tax on the income from economic activities)-replace the second paragraph of article 47 of the title 4 of the ordered text 1996, by the following: "when income derived from the transfer of real estate affected agricultural activities are achieved by this tax, taxpayers may elect to determine the net income according to the general regime or considered as 6% (six percent) of the value in the plaza of the building to July 1, 2007, more the difference between the price of the transaction of the property and the value in square of the building to July 1, 2007, provided that this difference is positive. This option shall apply with respect to property that had been acquired prior to July 1, 2007, and in any case the value considered for the application of the percentage referred may be less than the current real value set by the National Directorate of land registry.

  For the determination of the value in square of the building to July 1, 2007, is deflactara the price of the transaction by applying half the increase of the price index of sale of the real estate rural (IMIPVIR), published on the last day of the month immediately to alienation, in conditions to be determined by the Executive branch. For the purposes of determining the difference referred to in the preceding paragraph, the result will be adjusted by the increase in the value of the indexed unit between July 1, 2007 and the last day of the month of the used index (IMIPVIR).

  The provisions of this subsection shall be applicable to disposals of real estate as of January 1, 2012, and proceeds by such a concept will be affected development policies of the National Institute of colonization.

  In the case of transmission of property originated in grants or transfers free of charge, shall be deemed acquisition cost to the current actual value set by the National Directorate of land registry". Article 15. (Validity).-without prejudice to the special validity established, this law shall become effective from the day of its promulgation by the Executive branch.     Hall of sessions of the Senate, in Montevideo, December 28, 2011. DANILO ASTORI, President.
Hugo Rodriguez Filippini, Secretary. Ministry of the INTERIOR, Ministry of Foreign Affairs Ministry of economy and Finance Ministry of National Defence Ministry of education and Culture Ministry of transport and public works Ministry of industry, energy and mining Ministry of labour and SOCIAL Security Ministry of Health Ministry of livestock, agriculture and fishing Ministry of tourism and Sport Ministry of housing, TERRITORIAL planning and Environment Ministry of SOCIAL development Montevideo 29 December 2011. Met, acknowledge receipt, communicate, publish, and inserted into the national registry of laws and decrees, the law that creates the tax to the concentration of rural real estate (ICIR). JOSÉ MUJICA.
EDUARDO BONOMI.
ROBERTO CONDE.
FERNANDO LORENZO.
ELEUTERIO FERNÁNDEZ HUIDOBRO.
RICARDO EHRLICH.
ENRIQUE PAINTED.
ROBERTO KREIMERMAN.
EDUARDO BRENTA.
JORGE VENEGAS.
TABARE AGUERRE.
HECTOR LESCANO.
GRACIELA MUSLERA.
DANIEL OLESKER...