The following articles of Chapter XXVII of the Income Tax Law, No. 7092 of April 21, 1988 and its reforms, are amended:
1.1.- The heading of Article 60 and its subsections a) and c), so that, henceforth, they read:
"Article 60.- The benefits established hereinafter may be granted for a maximum period of twelve years, beginning with fiscal period of the income tax No. 84, to non-traditional exports to third markets.
"Non-traditional exports" and "third markets" shall be understood as those determined by the regulation issued for that purpose by the Executive Branch through the Ministry of Foreign Trade.
Any beneficiary of an export contract that voluntarily accepts the reduction of the percentage of the Tax Credit Certificates (Certificados de Abono Tributario) defined by the National Investment Council, shall receive the benefits granted by this Law for an additional period beginning in 1996 and ending in 1999, except with regard to the income tax exemption, for which the aforementioned extension shall not apply.
- a)Deduction of up to one hundred percent (100%) of the tax on that portion of the net profits for the period, obtained solely from non-traditional exports made by the declarant to third markets.
In the event that the company does not keep separate accounts and records, the portion of taxable income from non-traditional exports to third markets not subject to tax shall be the amount resulting from applying to the total taxable income of the taxpayer the proportion that sales to third markets represent of the total sales of the company.
- c)Exemption from payment of all taxes and consular fees, from payment of sales and consumption taxes on the importation or local purchase of raw materials, finished or semi-finished products, components and parts, packaging and packing materials, as well as other materials, goods, and items required for the operation of the beneficiary company or that are incorporated as a component part of the exported products. In accordance with the foregoing, all import taxes included in the Economic Stabilization Protocol (Protocolo de Estabilización Económica) (Protocol of San José) and in the temporary import surcharges shall be considered exempt." The rest of the text remains unchanged.
1.2.- Subsection e) of Article 61, so that henceforth it reads:
"Article 61.- "e) Tax Credit Certificates (Certificados de Abono Tributario), which may be granted up to twenty-five percent (25%) of the FOB value of exports, on the principle that the percentage of Tax Credit Certificates (Certificados de Abono Tributario) to be granted may vary according to the value added of such exports and according to the country of destination of the export and also according to the regulations defined for that purpose by the National Investment Council." The rest of the text remains unchanged.
1.3.- Article 62 so that it reads:
"Article 62.- The National Investment and Foreign Trade Council is created, composed of three ministers from the economic sector or their representatives, the Executive Director of the Center for the Promotion of Exports and Investments, a representative appointed by the Chamber of Industries, a representative appointed by the Chamber of Exporters, and a representative appointed by the National Chamber of Agriculture and Agroindustry. The Executive Branch shall regulate its operation." 1.4.- Subsection b) of Article 63. Additionally, two new subsections are added, which shall read:
"b) It shall be the responsibility of the National Investment and Foreign Trade Council to establish the benefits, terms, and conditions that, in each case, it will grant to export contracts. The Ministry of Finance may exclusively exercise a subsequent control over the use and destination of the exempted goods." "ch) Approve the granting of the temporary admission regime." "d) Reduce the percentage of the Tax Credit Certificate (CAT) (Certificado de Abono Tributario) granted by export contracts, when it considers that the beneficiary's activities make the granting of the incentive unnecessary, after a hearing that shall be granted to said beneficiary, for a maximum period of fifteen calendar days, counted from the date on which the corresponding decision is notified to the interested party." 2). Four new articles are added, which shall bear the numerals 61-C, 61-CH, 61-D, and 61-E, and shall read:
"Article 61-C.- The Tax Credit Certificates (CAT) (Certificados de Abono Tributario) shall be bearer instruments, freely negotiable, and shall not accrue interest. These Certificates shall be issued by the Central Bank of Costa Rica, in national currency, and shall serve for the payment of direct or indirect taxes whose collection corresponds to the Central Bank as cashier of the State.
The issuance request must be submitted to the Center for the Promotion of Exports and Investments, accompanied by the documents determined for that purpose by the Regulation of this Law, within a maximum period of twenty-four months counted from the repatriation of foreign currency. Once the submitted documentation is analyzed, the Center shall recommend, to the Central Bank of Costa Rica, the terms of issuance of the Certificates.
For the purpose of tax payment, these Certificates may be used, after eighteen (18) months counted from the date of their issuance.
For the purposes of this Law, the date of issuance shall be considered that of the repatriation of foreign currency.
The Tax Credit Certificates (Certificados de Abono Tributario) shall become time-barred twenty-four (24) months after their maturity date." "Article 61-Ch.- Individuals or legal entities intending to sign an export or production-for-export contract with the National Investment and Foreign Trade Council must provide, in favor of the State, a performance guarantee under the conditions set forth in the Regulation of this Law.
This guarantee may be executed by the National Investment and Foreign Trade Council upon the breach of any of the provisions contemplated in this Law, its Regulation, and those established or derived in each specific contract.
To demonstrate compliance with their obligations, the beneficiaries of an export contract, a production-for-export contract, or the Law for the Promotion of Exports (No. 5162 of December 22, 1972 and its reforms), must submit an annual activity report accompanied by the documentation set forth for that purpose in the Regulation of this Law.
Failure to submit the annual report shall presume non-compliance with the obligations derived from the contract and shall empower the National Investment and Foreign Trade Council to apply the corresponding sanctions." "Article 61-D.- a) The National Investment and Foreign Trade Council may temporarily suspend the granting of incentives received by each beneficiary or rescind, without liability for the State, the export or production-for-export contracts, according to the severity of the fault, in the following cases:
1.- In the event of unfair trade practices, price alteration, violation of exchange regimes, or others of a similar nature.
2.- When a use or destination different from that specified in the export program or in the respective contract is given to the machinery, equipment, raw materials, and any other articles that the company has acquired under the protection of this Law.
3.- When, for reasons attributable to the beneficiary, the company's operations do not begin within a period of one year, counted from the approval of the application for the export or production-for-export contract. In this case, in addition to the sanction defined by the National Investment and Foreign Trade Council, the performance guarantee shall be executed.
4.- For failure to submit the annual activity report within the term set forth for that purpose by the National Investment and Foreign Trade Council.
5.- The National Investment and Foreign Trade Council may suspend, as a precautionary measure, the granting of incentives during the processing of judicial proceedings that challenge the legality of the business activity of the beneficiary of an export or production-for-export contract.
- b)The late submission of the annual activity report shall give rise to the application of a fine by the National Investment and Foreign Trade Council, which may not exceed twenty-five percent (25%) of the total amount of incentives received by the non-compliant company during the fiscal period immediately preceding the one in which the fault was committed. The certification of the resolution imposing the fine shall constitute an enforceable instrument.
If, within thirty days following the finality of the resolution imposing the fine, it is not voluntarily paid, the contract shall be rescinded.
The proceeds from the fines must be deposited in a special account that, for this purpose, the Center for the Promotion of Exports and Investments shall open and must be duly budgeted." "Article 61-E.- The National Investment and Foreign Trade Council, upon learning of any non-compliance with the obligations derived from the contract or of any of the infractions indicated by this Law and its regulatory provisions, through a directing body appointed for that purpose, shall gather the corresponding information and then grant a hearing, within a maximum period of fifteen calendar days, to the alleged offender, so that they may offer evidence in their defense, which shall be received in an oral and private hearing, to be held at the end of the period granted for the hearing at the headquarters of the directing body.
Based on the recommendation of the directing body, the National Investment and Foreign Trade Council shall issue a final resolution within the fifteen calendar days following the day on which the hearing was held.
The final resolution shall be notified to the offender, who may file, within three business days following the notification, a motion for reconsideration before the National Investment and Foreign Trade Council, which shall resolve it within five business days following the session in which its filing was made known. This resolution shall exhaust the administrative channel when it denies the motion."