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April 29, 2015Amended

Reform of Article 5 of the Law on the Organization of Public Finances Control of Exemptions

Congreso Nacional

  • Decree: 53-2015
  • Published: April 29, 2015
  • Issuing body: Congreso Nacional
  • Gazette: 33,717
  • Category: Financial & Tax

Summary

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This law exempts legally registered cooperatives from paying Income Tax and related taxes. In exchange, they must pay an annual "Social Contribution" of 15% of their profits (or 0.5% of income if they have losses), with the funds financing social programs to reduce poverty in Honduras.

Considerations

Whereas, in accordance with Article 351 of the Constitution of the Republic, the National Tax System shall be governed by the principles of legality, proportionality, generality, and equity, according to the economic capacity of the taxpayer.

Whereas the Constitution of the Republic in Article 338 establishes that the Law shall regulate and promote the organization of cooperatives of any kind, without altering or evading the fundamental economic and social principles of the Constitution.

Whereas the Law of Cooperatives contained in Decree No. 65-87 and its amendments, in Article 1 declares of national necessity and public interest, the promotion and protection of cooperativism, as an effective system for the economic and social development of the nation, respect for human dignity, encouraging the opening of spaces for participation for youth and women in equal opportunities, strengthening of democracy, realization of social justice, defense of values, human rights and protection of the environment.

Whereas it is necessary to strengthen the finances of the State by creating financial spaces that allow guaranteeing the development and continuity of Programs and Projects in Social matters.

Amendments

Articles

Article 1.-

Cooperatives legally established and recognized by the National Supervisory Council of Cooperatives (CONSUCOOP) are exempt from the payment of Income Tax and its related taxes, understood as such the Net Assets Tax and the Temporary Solidarity Contribution, that originate from the acts they perform. Legally established and recognized Cooperatives by the National Supervisory Council of Cooperatives (CONSUCOOP) are understood to be those that comply with their formal and material obligations in accordance with current legislation.

Article 2.-

To reform Article 5 of Decree No. 278-2013 dated December 21, 2013, containing the LAW FOR THE ORDERING OF PUBLIC FINANCES, CONTROL OF EXEMPTIONS AND ANTI-EVASION MEASURES, in the sense that Cooperatives legally established and recognized by the National Supervisory Council of Cooperatives (CONSUCOOP) are exempt from the payment of Income Tax and related taxes referred to in Article 1 of this Decree, that originate from cooperative acts.

Article 3.-

Cooperatives are exempt from the payment of Income Tax, Net Assets Tax, and the Temporary Solidarity Contribution for the Fiscal Year 2014.

Article 4.-

The "Social Contribution of the Cooperative Sector" is hereby created, which must be paid annually no later than within three (3) months following the close of the immediately preceding fiscal period, as applicable, by each Cooperative legally established and recognized by the National Supervisory Council of Cooperatives (CONSUCOOP). The Social Contribution of the Cooperative Sector corresponding to fiscal period 2014 must be paid as of thirty (30) calendar days after the date of publication of this Decree in the Official Gazette "La Gaceta". The Social Contribution shall be Fifteen percent (15%) of the gross surpluses generated in the immediately preceding fiscal period, understanding by gross surplus that which comes from the difference between total revenues minus ordinary and necessary expenses in the generation of revenues of the fiscal period duly substantiated and paid or incurred. In no case shall this obligation exceed what would have corresponded by the payment of Income Tax and in any event shall be the lesser of the two. Cooperatives that have had losses in the corresponding fiscal period shall be subject to the payment of ZERO POINT FIVE PERCENT (0.5%) of the gross revenues declared as the Social Contribution. Except for cooperatives whose economic situation has experienced negative financial changes beyond their control by case of force majeure or act of God, which must be evidenced before the Executive Revenue Office (DEI).

Article 5.-

Prior to the authorization of the exemption from the payment of Income Tax described in Article 1 of this Decree, cooperatives must accredit themselves before the Secretariat of State in the Office of Finance that they have paid the Social Contribution of the prior fiscal period.

Article 6.-

The collection, oversight, and enforcement of the Contribution mentioned in Article 4 of this Decree shall be the responsibility of the Executive Revenue Office (DEI). The Social Contribution of the Cooperative Sector must be paid in the manner established for such purposes by the Executive Revenue Office (DEI).

Article 7.-

Cooperatives legally established and recognized by the National Supervisory Council of Cooperatives (CONSUCOOP)

Article 8.-

The Secretariat of State in the Office of Finance is instructed to proceed to strengthen the "Solidarity and Social Protection Fund for Poverty Reduction" or any other fund in social matters with amounts equivalent to the collection of the Social Contribution of the Cooperative Sector established in Article 4 of this Decree.

Article 9.-

This Decree shall enter into force as of the day of its publication in the Official Gazette "La Gaceta". Given in the City of Tegucigalpa, municipality of the Central District, in the Hall of Sessions of the National Congress, on the twenty-ninth day of the month of April of two thousand fifteen. ANTONIO CESAR RIVERA CALLEJAS PRESIDENT MARIO ALONSO PEREZ LOPEZ SECRETARY JOSE TOMAS ZAMBRANO MOLINA SECRETARY To the Executive Power. Therefore: Let it be executed. Tegucigalpa, M.D.C., April 29, 2015 JUAN ORLANDO HERNANDEZ ALVARADO PRESIDENT OF THE REPUBLIC THE SECRETARY OF STATE IN THE OFFICE OF ECONOMIC DEVELOPMENT. Republic of Honduras NATIONAL COMMISSION OF BANKS AND INSURANCE Public Notice of National Public Bidding No. CNBS.-01-2015 "RENEWAL OF SUPPORT AND MAINTENANCE CONTRACTS FOR SOFTWARE AND HARDWARE USED BY THE NATIONAL COMMISSION OF BANKS AND INSURANCE" 1. The National Commission of Banks and Insurance invites shareholders, contractors and interested parties to participate in the National Public Bidding No. CNBS-01-2015, to submit proposals for the "RENEWAL OF SUPPORT AND MAINTENANCE CONTRACTS FOR SOFTWARE AND HARDWARE USED BY THE NATIONAL COMMISSION OF BANKS AND INSURANCE" The minimum, identification and names of the items that comprise the LPN are: Item 1: Renewal of maintenance and technical support service contract for (2) licenses of Stonebutter Server, Bitronmetrix Server and their components: Item 2: Renewal of Maintenance and Technical Support Service Contract for four (4) Sophos HSM devices (Firmware security modules). Item 3: Renewal of Maintenance and Technical Support Service Contract for three (3) cryptographic key management devices: Thales HSM brand nCipher. Item 4: Renewal of Maintenance and Technical Support Service Contract for time stamping devices (Time Stamp Server and Time Source Master Clock including antenna) Item 5: Renewal of Maintenance and Technical Support Service Contract for document digitization and workflow system SAPERION ECM Item 6: Renewal of Maintenance and Technical Support Service Contract for the Supervision Process stations system "TeamMate Suite" and its modules (TeamAdmin, TeamStore, TeamRisk, TeamSchedule, TeamLWP, TeamCentral and TeamTEC for 150 users. Item 7: Renewal of Maintenance and Technical Support Service Contract HA1104C - HP Support Plus 24 SERVICES for HP EVA 4400 dual controller array storage and HP M6412-A fiber channel switch. 2. The financing for the execution of this process comes exclusively from national funds: The bidding shall be conducted in accordance with the procedures of National Public Bidding (LPN) established in the State Procurement Law and its Regulations. 3. Interested parties may acquire the documents of this bidding at the Administrative Management of the National Commission of Banks and Insurance, prior to payment at the Treasury of this Institution of the amount of five hundred Lempiras (L. 500.00), non-refundable, through Banco del País or through the National Bank of Honduras in favor of the National Commission of Banks and Insurance, and may review the document at the Institution in the National System of Purchases and Contracting, "HONDUCOMPRAS" (www.honducompras.gob.hn). Proposals must be submitted at the Administrative Management located on the first floor of the Santa Fe Building, El Castaño Sur Colony, South Virsilio Zamora Passage, during business hours from 9:00 A.M. to 4:30 P.M., no later than 02:00 P.M., on Friday, May 15, 2015 on the same day, at 02:15 P.M., the public hearing for the opening of proposals shall be held in the multipurpose hall of the National Commission of Banks and Insurance, located on the fourth floor of the Santa Fe Building, in the presence of the bidders or their representatives who wish to act in the proceeding and of the members of the Procurement Committee. Proposals received after the deadline shall be rejected. All proposals must be accompanied by a Proposal Maintenance Guarantee issued in Lempiras for an amount not less than two percent (2%) of the total value of the proposal. Tegucigalpa, M.D.C., April 15, 2015. ETHEL SUYAPA DERAS ENAMBORADO PRESIDENT 29 A. 2015

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Notes

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