Reform of the First Paragraph of Article 3 of the Micro and Small Business Support Law
Congreso Nacional
- Decree: 147-2019
- Published: December 20, 2019
- Issuing body: Congreso Nacional
- Gazette: 35,129
- Category: Commercial
Summary
This law reforms the Law to Support Micro and Small Enterprises to expand who can benefit: it now includes informally operating businesses that formalize within 24 months. It aims to help small business owners through tax relief and reduced administrative procedures to create jobs and strengthen the national economy.
Considerations
Whereas it is the function of the State to ensure the balanced development of all sectors of production and to create opportunities under equal conditions for the economic improvement of citizens. For this reason, the State recognizes the activity of Micro and Small Enterprises as a matter of public interest to promote employment, social and economic welfare of all participants in these economic units.
Whereas by Decree No. 145-2018, dated November 7, 2018, the LAW FOR THE SUPPORT OF MICRO AND SMALL ENTERPRISES was approved, published in the Official Gazette "La Gaceta" dated November 28, 2018, Edition No. 34,806.
Whereas the Government of the Republic has undertaken a series of duly planned actions to promote the creation and expansion of industrial activity, commerce, and value-added services, with the purpose of stimulating an economic movement that translates into wealth generation for both entrepreneurs and their employees, which results in better living conditions for people and generates opportunities for the current and future Honduran labor market.
Whereas Micro, Small, and Medium Enterprises, as a fundamental pillar of the country's economic engine, must be stimulated in their regularization and formalization, in such a way as to contribute to the economic strengthening of the Nation, the generation of new and better jobs, and tax contributions to the Treasury.
Whereas the promotion of the Micro and Small Enterprises Sector requires a space for tax relief that allows, through tax relief and the deregulation of administrative processes, the stimulation of the creation, organization, equipment, and operation of these businesses, with the condition of generating new and better jobs for the available labor market.
Whereas in accordance with Article 205, Attribution 1) of the Constitution of the Republic, it is within the authority of the National Congress to: Create, decree, interpret, reform, and repeal laws.
Whereas it is the obligation of the State to ensure the maintenance of the national economy; being one of its fundamental objectives, to take measures for the improvement of the economic and social situation that result in better opportunities for all and that promote the development of Honduras.
Whereas palm oil cultivation is the third most important item as a generator of foreign exchange for the country's economy, making a great contribution within agricultural activity and contributing to social stability.
Whereas as a result of exogenous events, including the fall in the international price of palm oil and the effect on reduced production caused by climate change, a negative impact is foreseen in the cultivation and commercialization activities of palm oil, which will have repercussions in said sector and consequently in other sectors of the economy. This situation makes it necessary for the State to adopt measures that allow the mechanisms and resources necessary to maintain productive and financial capacity and thus not generate a serious social crisis with grave consequences for the country, due that if this situation worsens, approximately 18,670 producers, more than 18,000 families, extraction plants, refineries and exporters will be affected, as well as the indirect employment that this sector generates not only on the Atlantic coast of the country.
Whereas in addition to the foregoing, the high cost of agricultural inputs and reduced production due to the lack
Articles
To amend the first paragraph of Article 3 of Decree No. 145-2018, dated November 7, 2018, containing the LAW OF SUPPORT FOR MICRO AND SMALL ENTERPRISES, published in the Official Gazette "La Gaceta" dated November 28, 2018, Edition No. 34,806, in which it should read as follows:
The beneficiaries of this Law shall be micro and small enterprises that are constituted or shall be constituted, or those that have been operating informally and become formalized, complying with what is indicated in this Law, within a period of twenty-four (24) months, counted from the entry into force of this Decree. Said Registry... 1...; 2...; and, 3...
This Decree shall enter into force as of the day of its publication in the Official Gazette "La Gaceta". Done in the city of Tegucigalpa, municipality of the Central District, in the Session Hall of the National Congress, on the fourth day of the month of December of two thousand nineteen. ANTONIO CÉSAR RIVERA CALLEJAS PRESIDENT JOSÉ TOMÁS ZAMBRANO MOLINA SECRETARY SALVADOR VALERIANO PINEDA SECRETARY To the Executive Branch Therefore: Let it be executed. Tegucigalpa, M.D.C., December 20, 2019. JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT OF THE REPUBLIC THE SECRETARY OF STATE IN THE OFFICE OF FINANCE ROCIO IZABEL TÁBORA Legislative Branch DECREE No. 130-2019 THE NATIONAL CONGRESS, CONSIDERING: That it is the obligation of the State to ensure the sustainability of the national economy; being one of its fundamental objectives, to take measures for the improvement of the economic and social situation that result in better opportunities for all and that promote the development of Honduras. CONSIDERING: That the cultivation of oil palm is the third important item as a generator of foreign exchange for the country's economy, making a great contribution within agricultural activity and that contributes to social stability. CONSIDERING: That as a result of exogenous events, among others the fall in the international price of palm oil and the effect on the low production caused by climate change, a negative impact is foreseen in the activities of cultivation and commercialization of oil palm, which will have repercussions in said sector and consequently in other sectors of the economy. This situation makes it necessary for the State to adopt measures that allow the mechanisms and resources necessary to maintain productive capacity, financial capacity and therefore not generate a serious social crisis with grave consequences for the country, because if this situation worsens, approximately 18,670 producers, more than 18,000 families, extraction plants, refineries and exporters will be affected, as well as the indirect employment that this sector generates not only on the Atlantic coast of the country. CONSIDERING: That in addition to the above, the high cost of agricultural inputs and low production due to lack
Related laws
- Regulations on Vacations, Holidays, and Leaves of Absence for Officials and Employees of the Judicial Branch — This regulation establishes that Judicial Branch officials and employees are entitled to one month of paid vacation per year, divided into two periods (July and December). It also regulates paid leave for illness, bereavement, marriage, and special assignments, plus unpaid leave for personal matters. It guarantees rest and labor protection without interrupting the administration of justice.
- Decreto Ejecutivo No. PCM-015-2021 — Reforma del párrafo cuarto del Artículo 2 del Decreto Ejecutivo PCM-001-2021 (Decree PCM-015-2021, 2021)
- Decree 7-2017 by which the sixth paragraph of Article 8 of the Sales Tax Law is reformed — This law reduces from 50% to 10% the automatic withholding of sales tax that credit card companies apply to their affiliated businesses. The 10% withheld goes directly to the State, while the remainder is returned to the business so it can correctly report the tax. (Decree 113-2011, 2011)
- Decree 36-2007 through which the Code of Ethical Conduct of Public Servants is approved — This decree approves a code that establishes ethical conduct rules for all Honduran public servants. It defines acceptable behaviors, prohibits corruption and conflicts of interest, and establishes penalties for violations. It affects all government employees and aims to strengthen honesty and transparency in public administration. (Decree 36-2007, 1999)
- Legislative Decree No. 70-2020 reforming Articles 116 and 117 of the Law of the National Registry of Persons — This law exempts the National Registry of Persons (RNP) from paying taxes, fees, and duties on its operations and purchases, facilitating the new National Identification Document (DNI) project. It benefits all Honduran citizens by modernizing the national identification system without affecting state finances. (Decree 278-2013, 2020)