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November 11, 2011In force

Decree 180-2011. Reform of the Law Strengthening Revenue

Congreso Nacional

  • Decree: 180-2011
  • Published: November 11, 2011
  • Issuing body: Congreso Nacional
  • Gazette: 32,666
  • Category: Financial & Tax

Summary

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This law exempts municipalities from paying taxes when purchasing work vehicles and heavy equipment for maintaining streets and roads. It allows local governments to manage these purchases without paying taxes, provided they request the exemption from the Finance Ministry and clearly specify which taxes they will not pay.

Considerations

Whereas Article 6 of the Sales Tax Law, contained in Decree No. 24 of December 20, 1963, as amended by Article 1 of the Law of Financial Balance and Social Protection, Decree No. 194-2002 dated May 15, 2002, establishes that the general tax rate is twelve percent (12%) on the taxable base value of imports and the sale of goods and services subject thereto except for legal exemptions.

Whereas on April 28, 2011 this National Congress approved Decree No. 48-2011 which grants authority to the two hundred ninety-eight (298) Municipalities for the purchase of work vehicles, machinery and equipment for the maintenance of secondary and tertiary roads, with the intent of the Legislature being to exempt the Municipalities from all taxes that burden the imports and purchases of work vehicles and heavy equipment.

Whereas Article 152 of the Tax Code establishes that laws organizing tax exemptions must clearly and precisely indicate the levies subject to being granted exemption.

Whereas it is the authority of the National Congress to create, enact, reform, interpret and repeal laws.

Articles

Article 1.-

To reform by addition Article No. 59 of Decree No. 17-2010 dated March 28, 2010, issued by the National Congress, which contains the LAW FOR STRENGTHENING OF REVENUES, SOCIAL EQUITY AND RATIONALIZATION OF PUBLIC SPENDING, by adding a final paragraph, which shall read as follows:

Article 59.-

:- ... The purchase and leasing of motor vehicles is prohibited for the duration of the current emergency, including all institutions of the public sector, except those strictly related to the areas of health, security, education, tax administration and social action projects, without prejudice to what is established in International Agreements. Municipalities are not included in this prohibition and therefore are exempt from payment of all types of taxes, by virtue of being autonomous entities, being authorized to purchase work vehicles for their municipal management, or, in the case, for the purchase of heavy equipment for the maintenance of streets or secondary and tertiary access roads, and must appear before the State Secretary of the Office of Finance to manage each purchase, expressing with clarity and precision the tax obligations whose payment exemption is requested.

Article 2.-

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 fifth day of the month of October of two thousand eleven. JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT RIGOBERTO CHANG CASTILLO SECRETARY ELISEO NOEL MEJÍA CASTILLO SECRETARY To the Executive Power. Therefore: Let it be executed. Tegucigalpa, M.D.C., October 20, 2011 FORFIRIO LOBO SOSA PRESIDENT OF THE REPUBLIC THE STATE SECRETARY OF THE OFFICE OF FINANCE. WILLIAM CHONG WONG

Notes

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