Global Courant 2023-04-27 11:36:30
He Executive power sent yesterday to National Congress the Tax Justice Lawwhose draft decree ended up receiving a series of changes compared to the original document created by the Income Administration Service (HE). One of the many modifications frames the duration of the tax benefits in the two new tax regimes: Investment Incentive Regime for Development (Yield) and Free Zone Regime.
The document contains 76 pages and in article 4 it establishes that they may adhere to the regime Yield natural or legal persons that generate new investments and are framed in the investment policy contained in this law.
The tax incentives of the Rinde regime will cover ten fiscal periods once the commercial operations begin, and may be extended for ten years in cases of emergency ordered by the State through the Presidency of the Republic.
The benefit in this regime will consist of deductions on the tax base of the income tax (ISR), solidarity contribution and net assets explained in three paragraphs of article 5; in addition to the non-simultaneity or carrying over of credits explained in the sixth article.
Lawyer
Oliver Erazo:
“What are they looking for, to blame the Constitution and say that it is once again an obstacle to the vision of the refoundation.”
It is also created Free Zone Regime, administered by the Honduran Customs Administration (AAH), which will cover companies dedicated to the handling, processing, manufacturing, production, repair, maintenance of goods and the provision of services for export or re-export that make new investments.
“Free zones are areas of the national territory under fiscal surveillance, physically delimited and without a resident population. These areas will be located outside the national customs territory, and will be subject to special customs control,” Article 9 cites.
The tax benefits will also be for ten years and extendable for another ten years in cases of emergency; the exemptions they will be in the income tax and its related taxes on profits, sales tax and exemption from payment of customs taxes, charges, surcharges, consular fees and others.
Elimination
Chapter II establishes the repeal of at least 14 tax regimes, same in which the Honduran Council of Private Enterprise (cohep) strongly disagreed.
Lawyer
Felix Avila:
“If there are laws that require a simple or qualified majority, a differentiated vote must be taken, the Court must be sought.”
“The closure of companies and a lack of growth are coming, since there will be no investment, now the businessmen who are the ones who invest and create jobs are wanting to leave,” said Luis Larach, former president of the Cohep.
This is how the government embodies from article 15 the repeal of tax benefits or incentives provided in contracts or stability clauses, bonuses, deductions, tax or customs releases and, in general, all preferential benefits provided for by tax regulations and customs.
In addition, eight other legal provisions embodied in article 16 are repealed and the tender for the acquisition, administration, distribution and commercialization of customs stamps or seals will culminate.
Non-governmental organizations must submit to a technical opinion to qualify that their activities are for profit or not, only then will they access tax benefits, says the new legal framework.
Likewise, a technical, administrative and financial liquidation of the Superintendence of Public-Private Partnerships (SAPP) and the National Investment Council (CNI).
reforms
The Tax Justice Law contains reforms to Tributary Code, Law on Income Tax, Sales Tax Law and until the Constitution of the Republic in its articles 339 and 351.
If he manages to reform the Magna Cartaarticle 339 would read like this: Monopolies, monopsony, oligopolies, the forgiveness of material tax obligations are prohibited except for reasons of force majeure, hoarding and similar practices in industrial and commercial activity.
Meanwhile, article 351 would remove the principle of proportionality to add the principle of progressivity.
Banking secrecy
One of the sensitive issues included in the bill that received the approval of the Executive power and that will be debated in the National Congress, is the disclosure of banking secrecy.
This means that the State You will be able to know in great detail how much they keep in their bank accounts from the smallest businessman to those with the largest capital.
“I think that nobody has started to read it carefully; there is talk about bank secrecy. Why do they want a liberalization of information by administrative officials? So that it falls into the hands of the gangs and extort everyone who has a ticket,” said Armando Urtecho, executive director of the Cohep.
If this situation occurs, Urtecho asserted that “it is necessary for all citizens to see that their own funds will be at risk, that they will be there in the hands of any unscrupulous politician who reaches public offices.”
Congress President
Luis Redondo:
“We are going to socialize and we are going to invite various sectors so that they know what the derived benefits are.”
With everything that this new regulation encompasses, the business leader pointed out that currently the country’s political class only talks about corruption and the past “drug dictatorship”, but they do not want to see what the background of that law is.
When asked if the Tax Justice Law that intends to be approved has political and ideological overtones, Urtecho replied: “Yes, even if they deny it. That’s how it is”.
inopportune
The deputies of the bench of the Liberal Party protest against the Tax Law and they consider it untimely given the situation of job losses and the current economy of the country.
“The deputies are not aware of that law that has reached the National Congress, However, we have studied the draft of the Tax Justice Law that was circulated and we do not consider the support opportune in view of the fact that it is detrimental to jobs and the economy”, the congressmen established in a document signed in the Central Executive Council of the Liberal Party for the 22 parliamentarians
Liberals urged the ruling party to assume the role of legislators to seek the benefit of the people and put aside the attacks on their bench. They demanded that the congressional leadership promote an agenda that seeks to solve the country’s problems.
Xiomara: This regulation is the most important in the country
Tegucigalpa. The President Xiomara Castro yesterday referred to the Tax Justice Law during the 62nd assembly of the Association of Municipalities of Honduras (Amhon) and asserted that the majority of the population is in favor of the proposal.
“There is not a single Honduran who does not agree with what we are doing in wanting to achieve tax justice in the country.” Castro considered that this regulation is one of the most important in the country in recent years because it seeks equity in society.
“It is the most important law of this century in terms of equity for the development of Honduras, especially for the most vulnerable groups in our country because with this law we will put an end to corruption and abuses in the health systems. exemptions in public-private partnerships.
The president specified that “nothing stops me from working and defeating those who oppose the changes and those who oppose the re-founding of our country.”
Constitutional reforms are contemplated in the Tax Law
Tegucigalpa. The vice president of National CongressHugo Noé Pino, confirmed yesterday that the approval of the Tax Justice Law must be submitted to votes and differentiated discussions and not as a single package, because within the initiative submitted by the Executive power Constitutional reforms are contemplated.
The draft submitted yesterday to the secretariat of the National Congress will be subjected to a phase of socialization after being referred to an opinion commission with the different political forces within the Legislative and with the economic sectors.
“Actually it is not a single project, there is a Tax Justice Law that is what is best known, that what is required is a simple majority, then there is a series of constitutional reforms that require 86 votes, a qualified majority,” he explained. Vice President Hugo Noé Pino.
He added: “Then there is a law for admission to an international treaty, which is a simple majority and a law called the end user, which is a transparency law, there are four projects I understand, I have not seen what has come to Congress because that was what they announced; three of the four require a simple majority and the constitutional reforms require a qualified majority”.
The document sent by the Executive power Congress is contemplated within the reform package to change the wording of articles 339 and 351 of the Constitution approved in 1982. In the reform to numeral 339 of the Constitution of the Republic, in the initiative promoted by the government the prohibition will be implemented: “To the forgiveness of material tax obligations except for causes of force majeure, hoarding and similar practices in industrial and commercial activity.”
While in article 351 if its reform is approved, the following prohibitions will be added: “The tax exemptions may only be created under general or special laws of a tax or customs nature for a maximum period of ten years, and may be extendable for ten more years in cases of emergency ordered by the State through the Presidency of the Republic, and in a decreasing and partial manner”.
Likewise, in article 351 “the granting of tax exemptions or benefits to specific legal or natural persons in all economic activities is prohibited”. For the approval of both constitutional reforms, at least 86 votes in favor must be obtained.
Last night, the Legislative Branch appointed a commission to review the disputed legislation, which was made up of representatives Silvia Ayala, Ligia Ramos, Ramón Barrios, Samuel García, Jorge Zelaya, Karen Martínez and Mario Segura.
To achieve the reform in both articles, the ruling party must add at least 86 votes in favor to reach a qualified majority.
