Amendment to Article 70 of the Tax Code

This law allows the Central Bank of Honduras to receive confidential tax and customs information from fiscal authorities to develop economic and financial statistics that help it fulfill its monetary and credit policy functions, while keeping such information protected and confidential.

Whereas Article 213 of the Constitution of the Republic establishes that the National Congress Deputies, the President of the Republic, the Secretaries of State, as well as the Supreme Court of Justice (CSJ) and the Supreme Electoral Tribunal (TSE), in matters of their competence, and at least three thousand (3000) citizens under the mechanism of citizen initiative have exclusively the legislative initiative.

Whereas the Constitution of the Republic in Article 351 establishes that the tax system shall be governed by the principles of legality, proportionality, generality and equity, in accordance with the economic capacity of the taxpayer.

Whereas Decree No. 170-2016 dated December 15, 2016, containing the Tax Code and published in the Official Gazette "La Gaceta" on December 28, 2016 and effective as of January 1, 2017, in its Article 55 numeral 3) establishes the right to the confidential nature of tax and customs data, reports and antecedents, as well as the information contained in the declarations, reports and studies of tax obligors submitted before the Secretary of State in the Office of Finance (SEFIN), Tax and Customs Superintendency, Tax Administration and Customs Administration, in the terms provided by Law, likewise, in its Article 70 prescribes the duties of confidentiality of public servants and other collaborators of the Secretary of State in the Office of Finance, the Tax and Customs Superintendency, establishing that they are obliged to maintain absolute confidentiality regarding the declarations and data supplied by tax obligors or by third parties, as well as the information obtained in the exercise of the powers of fiscal supervision, further detailing the institutions with which they may share information, excluding the Central Bank of Honduras (BCH).

Whereas the Constitution of the Republic in its Article 342 establishes that the State through the Central Bank of Honduras (BCH) shall be responsible for the formulation and development of the monetary, credit and foreign exchange policy of the country, duly coordinated with planned economic policy.

Whereas Article 25 of the Law of the Central Bank of Honduras (BCH) states that for the formulation and implementation of the monetary, credit and foreign exchange policies defined by the Board of Directors, public dependencies, including municipalities, as well as natural or legal persons with residence or domicile in Honduran territory, whether national or foreign, shall provide the information that the bank's departments request from them in the exercise of their powers, which shall be treated confidentially and used solely and exclusively for statistical purposes and economic and financial analysis.

Whereas to fulfill the functions that the Constitution of the Republic and its Organic Law confer on the Central Bank of Honduras (BCH), it is necessary that it has the information and constant supply of data generated by the Secretary of State in the Office of Finance (SEFIN), the Tax and Customs Superintendency, the Tax Administration and the Customs Administration, with an eminently statistical purpose to measure the performance of the national economy and its environment that also facilitates the monitoring and projection of variables and indicators relevant for decision-making on economic policy, in the framework of strengthening the Administrative Simplification processes of the Public Sector, guaranteeing the congruence and integrity of the data provided by the Government institutions authorized for such purpose.

Whereas in accordance with Article 205 Attribution 1) of the Constitution of the Republic, it is the power of the National Congress to: Create, enact, interpret, reform and repeal laws.