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June 29, 2010In force

Reform by Addition to Decree 17-2010 Law on Strengthening Revenue

Congreso Nacional

  • Decree: 71-2010
  • Published: June 29, 2010
  • Issuing body: Congreso Nacional
  • Gazette: 32,250
  • Category: Financial & Tax

Summary

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Decree 71-2010 restores the Net Asset Tax in Honduras, which had been repealed months earlier. This tax functions as a control mechanism to ensure income tax collection, allowing taxpayers to choose between paying either tax in advance. The measure seeks to provide tax certainty and increase state revenues.

Considerations

Whereas on March 28, 2010, the Law for the Strengthening of Income, Social Equity and Rationalization of Public Spending was enacted, by means of which the Decree on Net Assets was repealed, which was put into effect by Decree No. 51-2003, dated April 3, 2003 and its amendments, containing the Law on Tax Equity.

Whereas the Net Asset Tax constitutes a control mechanism in the collection of Income Tax, thereby providing security to the generation of revenue from this concept.

Whereas it is necessary to provide certainty to the application of Article 19 of the Law for the Strengthening of Income, Social Equity and Rationalization of Public Spending, taking into account that the taxpayer has the option to pay as advance payment either the Income Tax or the Net Asset Tax.

Whereas the Government of the Republic has as its primary objective within the framework of the Law for the Establishment of a National Vision and the Adoption of a Plan of the Nation, to have a Honduras without extreme poverty and poverty, educated, healthy and with systems of social welfare.

Whereas in that regard the President of the Republic in Council of Ministers approved Executive Decree Number PCM-010-2010 dated April 13, 2010 and published in the Official Gazette La Gaceta on May 14, 2010, by means of which the Presidential Program for Health, Education and Nutrition called "BONO 10,000" is created.

Whereas the "Bono 10,000" Program defined and promoted by the Presidency of the Republic to create opportunities, develop capacities and reverse the living conditions of families in situations of extreme poverty and poverty without distinction of any kind.

Whereas the "Bono 10,000" Program in order to make conditional monetary transfers and deliver them to beneficiary families requires a regulatory framework that ensures conditions of transparency and normal implementation of the Program for the purposes and objectives provided.

Whereas for the efficient and transparent development of the Bono 10,000 Program it is required that the institutions of the State that execute similar projects and programs define their functions within the framework of the Bono 10,000 Program, in order to achieve better performance of the Program.

Whereas to ensure faithful compliance with the objectives and efficient implementation of the "Bono 10,000" Program it is necessary to reform Executive Decree Number PCM-010-2010.

Articles

Article 1.-

To reform by addition to Decree No. 17-2010, of date March 28, 2010, containing the LAW FOR STRENGTHENING INCOME, SOCIAL EQUITY AND RATIONALIZATION OF PUBLIC SPENDING, in the sense of restoring in its entirety the Net Assets Tax, contained in Chapter II, Articles 5 through 16 inclusive, of the Equity Law Section A Decrees and Agreements LEGISLATIVE BRANCH 71-2010 Decree: Reform by addition to Decree No. 17-2010, of date March 28, 2010, containing the LAW FOR STRENGTHENING INCOME, SOCIAL EQUITY AND RATIONALIZATION OF PUBLIC SPENDING. A. 1-2 PCM-024-2010 Decree: Reform Articles 1, 2, 6, 7 and 8 of Executive Decree Number PCM-010-2010 of date April 13, 2010. A. 2-4 PCM-025-2010 Decree: Declare as national priority of the State the prevention, control and combat of Dengue. A. 5-7 Others A. 8 Section B Legal Notices Tax, of Decree No. 51-2003, of date April 3, 2003.

Article 2.-

This Decree shall enter into effect 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 Session Hall of the National Congress, on the tenth day of the month of June of two thousand ten. JUAN RAMÓN VELÁSQUEZ NÁZAR PRESIDENT, BY LAW RIGOBERTO CHANG CASTILLO SECRETARY JARIET WALDINA PAZ SECRETARY, BY LAW To the Executive Branch. Therefore: Execute. Tegucigalpa, M.D.C., June 25, 2010. PORFIRIO LOBO SOSA PRESIDENT OF THE REPUBLIC The Secretary of State in the Office of Finance. WILLIAM CHONG WONG Executive Branch EXECUTIVE DECREE NUMBER PCM-024-2010 THE CONSTITUTIONAL PRESIDENT OF THE REPUBLIC IN COUNCIL OF MINISTERS WHEREAS: That the Government of the Republic has as its first objective within the framework of the Law for the Establishment of a Country Vision and the Adoption of a Plan of Nation, to have a Honduras without extreme poverty and poverty, educated, healthy and with systems of social welfare. WHEREAS: That in that sense the President of the Republic in Council of Ministers approved Executive Decree Number PCM-010-2010 of date April 13, 2010 and published in the Official Gazette La Gaceta on May 14, 2010, by which the Presidential Program of Health, Education and Nutrition called "BONO 10,000" is created. WHEREAS: That the Program "Bono 10,000" defined and promoted by the Presidency of the Republic to create opportunities, develop capacities and reverse the living conditions of families in extreme poverty and poverty without distinction of any kind. WHEREAS: That the Program "Bono 10,000" to carry out conditional monetary transfers and their delivery to the beneficiary families requires regulations that ensure conditions of transparency and the normal development of the Program for the purposes and objectives provided. WHEREAS: That for the efficient and transparent development of the Bono 10,000 Program it is required that State institutions that execute similar projects and programs define their functions within the framework of the Bono 10,000 Program, in order to achieve better performance of the Program. WHEREAS: That to ensure faithful compliance with the objectives and efficient implementation of the "Bono 10,000" Program it is necessary to reform Executive Decree Number PCM-010-2010. THEREFORE: In application of Article 245 numerals 1 and 11 of the Constitution of the Republic; and, Articles 11, 14 numeral 1, 17, 22 numeral 9, 116 and 117 of the General Law of Public Administration and Executive Decree Number PCM-010-2010 of date April 13, 2010 and published in the Official Gazette La Gaceta on May 14, 2010. IT IS DECREED:

Notes

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