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March 11, 2013In force

Authorization from the Ministry of Finance: Eligible Contracts in Process 2013

Congreso Nacional

  • Decree: 26-2013
  • Published: March 11, 2013
  • Issuing body: Congreso Nacional
  • Gazette: 33,072
  • Category: Financial & Tax
  • Type: Other

Summary

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This decree authorizes the Finance Ministry to approve contracts with the State that are partially executed or in process, allowing contractors to be paid with "Tax Credit Notes" that can be used to pay taxes. This aims to prevent economic harm to both the State and contractors during the 2013 financial crisis.

Articles

Article 1.-

Authorize the Secretary of State in the Ministry of Finance to qualify as eligible those contracts entered into by the State of Honduras that are partially executed or in the process of execution and that could generate economic damages to the State, due to economic claims by Contractors for interest or damages and losses.

Article 2.-

Establish the Fiscal Credit Note as a payment instrument in favor of the Creditor Contractor, which may only be applicable to Income Tax and/or on account chargeable to the Contractor, and applicable on the date of its maturity. For which it will be necessary previously, the issuance of the payment order once all contractual requirements have been met prior to verification of the amounts owed.

Article 3.-

The Fiscal Credit Note may be subject to negotiation exclusively with the financial entity, suppliers or subcontractors that have financed or supplied the Contractor, prior to verification in the execution of the works constructed or services rendered for the benefit of the State. The payment order shall be issued by the Secretary of State in the Ministry of Public Works, Transport and Housing (SOPTRAVI).

Article 4.-

The Contractor who negotiates or assigns the fiscal credit with those entities authorized in this Decree shall notify the Secretary of State in the Ministry of Finance of such negotiation with the name of the assignee so that it may be applied at the time of payment maturity of Income Tax and/or on account chargeable.

Article 3.-

This Decree shall enter into force as of the date of its publication in the Official Gazette "La Gaceta". Given in the city of Tegucigalpa, municipality of the Central District, in the Chamber of Sessions of the National Congress, on the twenty-seventh day of the month of February of two thousand thirteen. ALBA NORA GÚNERA OSORIO PRESIDENT RIGOBERTO CHANG CASTILLO SECRETARY GLADIS AURORA LÓPEZ CALDERÓN SECRETARY To the Executive Power Therefore: Execute. Tegucigalpa, M.D.C., March 7, 2013. PORFIRIO LOBO SOSA PRESIDENT OF THE REPUBLIC The Secretary of State in the Ministry of Finance, by Law EVELYN LIZETH BAUTISTA GUEVARA The Secretary of State in the Ministry of Public Works, Transport and Housing (SOPTRAVI). MIGUEL ÁNGEL GÁMEZ Dean of the Honduran Press. MARTHA ALICIA GARCÍA, JORGE ALBERTO RICO SALINAS Coordinator and Supervisor: Miraflores Colony Telephone/Fax: Management 2230-4956 Administration: 2230-3026 Extension: 2230-6767 GOVERNMENT CIVIC CENTER

Notes

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