The Fire Department Fund is hereby created, which shall be allocated exclusively to the financing of the activities of said body. The Fund shall be composed of:
- a)Revenues corresponding to the collection of four percent (4%) of the premiums for all insurance sold in the country. The monies corresponding to this Fund shall be allocated exclusively to the financing of the activities of the Fire Department and must be transferred to the Fire Department Fund no later than the month following their collection, without deducting any sum for collection or administration expenses.
In addition to the above paragraph, a zero point five percent (0.5%) shall be collected on the premiums of all insurance sold in the country. Said revenues shall be allocated exclusively to the financing of INEC and must be transferred to the Ministry of Finance no later than the month following their collection, without deducting any sum for collection or administration expenses. It shall be the responsibility of the Ministry of Finance to transfer such resources to INEC in their entirety in each budget cycle, without deducting any sum for collection or administration expenses.
The total amount of resources transferred by insurance entities, in accordance with the provisions of this subsection, shall be considered a deductible expense for purposes of calculating income tax.
The Superintendencia General de Seguros shall certify debts pending payment for this concept; this certification shall constitute an enforceable title so that the Benemérito Cuerpo de Bomberos and the Ministry of Finance, as applicable, may proceed to collect.
For the purposes of this article, premiums generated on the occasion of lifetime annuity contracts established in Law No. 7983, Worker Protection Law, of February 16, 2000, shall not be considered, nor may they be taken into account in any respect for the established calculation.
(Thus amended the previous subsection a) by Article 76 of the Law of the National Statistics System, No. 9694 of June 4, 2019) b) The returns from trusts established by the Fire Department.
- c)The complementary contribution agreed upon by the Board of Directors of INS, referred to in the second paragraph of Article 2 of this Law.
- d)Fines, charges, or reimbursements resulting from this Law.
- e)The interest and returns generated by the Fund itself.
- f)Donations from national or international entities.
(*)g) A tax equivalent to one point seventy-five percent (1.75%) of the monthly electricity consumption billing paid by each subscriber or direct consumer of electrical energy is created as a complementary source of revenue for the sustainable operation and growth of the Fire Department of Costa Rica.
The tax of one point seventy-five percent (1.75%) shall be applied from the first kilowatt-hour consumed and up to a maximum of one thousand seven hundred fifty kilowatt-hours (1750 kWh).
Subscribers whose monthly consumption is equal to or less than one hundred kilowatt-hours (100 kWh) shall not be subject to payment of said tax.
Every institution, company, business, or similar entity that provides the electrical energy supply service shall be a withholding agent (agente de percepción) for this tax. Every withholding agent must transfer the entirety of the money collected directly to the Fire Department of Costa Rica, at no cost to the latter, within the first ten business days for the total tax perceived in the previous month, using the means, form, and conditions established by the Fire Department.
The amount paid for sales tax is excluded from this tax.
In the event of a delay in executing the transfer of funds referred to in the paragraph before the preceding one, every withholding agent shall be obligated to pay interest, along with the owed tax, at a rate that must be equivalent to the basic passive rate set by the Banco Central de Costa Rica plus ten percentage points. Interest must be calculated using the rates in effect from the moment the tax should have been paid until its effective payment.
For the purposes of this tax, in matters not provided for in this law, the Code of Tax Rules and Procedures shall apply supplementarily.
(*)(Thus the previous subsection g) was added by Article 3 of Law No. 8992 of September 20, 2011) State institutions, including decentralized entities, public state enterprises, and municipalities, are authorized to grant donations in favor of the Fire Department of Costa Rica.
(Thus amended the previous paragraph by Article 2 of Law No. 8992 of September 20, 2011) The Fire Department of Costa Rica may establish trusts for the administration of resources from the Fire Department Fund. In this case, the Fund's resources must be invested under the best conditions of low risk and high liquidity; the resources and their administration shall be subject to oversight by the Contraloría General de la República.
(Thus amended the previous paragraph by Article 2 of Law No. 8992 of September 20, 2011) (Thus amended by Article 53, separate section b), of Law No. 8653 of July 22, 2008)