However, if the regulation is not published within a maximum period of two months, it shall take effect on the first day of the third month following the publication of this law.
TRANSITORY PROVISION I.- Solely for the year 1984, a maximum limit of two hundred fifty million colones is set for the contribution that the Fondo de Desarrollo Social y Asignaciones Familiares makes to the non-contributory basic-amount pension program, established in Article 4 of Law No. 5662 of December 23, 1974. The difference between the amount corresponding to the twenty percent of the fund that the aforementioned Article 4 allocates to the non-contributory pension program and the mentioned two hundred fifty million shall be transferred, by means of a budget modification, to the Government of the Republic.
TRANSITORY PROVISION II.- Solely for the year 1984, from the total collection of the tax established in Article 3 of Law No. 6879 of July 21, 1983, and its reforms, three hundred million colones shall be allocated, through the budget of the Republic, for the program of Education and Nutrition Centers and Comprehensive Care Children's Centers of the Ministry of Health. Any surplus in the collection of said tax, exceeding three hundred million colones, shall be allocated to cover shortfalls in the budget of the Republic for the application of the salary scale of Law No. 6835.
TRANSITORY PROVISION III.- Solely for fiscal year No. 84 (from October 1, 1983, to September 30, 1984), an extraordinary contribution is established, at a rate of fifteen percent (15%), whose taxable base shall be the amount of income tax payable by the taxpayers mentioned in numeral two, in the cited period, according to Article 14 of Law No. 837 of December 20, 1946, and its reforms.
When taxpayers do not have to pay income tax in fiscal period No. 84, due to enjoying an exemption, by virtue of contracts granted based on the Central American Agreement on Fiscal Incentives for Industrial Development, in accordance with Law No. 3142 of July 29, 1963, or under the Ley Forestal No. 4465 of November 25, 1969, they shall pay a special contribution of three percent (3%) on that portion of the net profits exempt from the payment of income tax.
The extraordinary contribution must be settled in an annex to the sworn income tax return for fiscal year No. 84, and must be paid before the last day of December 1984.
This contribution shall not be deductible for determining the income tax. Net profits obtained from the export of non-traditional products to third countries, produced by the taxpayer itself, are exempt from the extraordinary contribution.
The Dirección General de la Tributación Directa shall administer and oversee the contribution established herein.
TRANSITORY PROVISION IV.- For the effects of the provisions in Article 63 and in subparagraph 2) of Article 64 of the Income Tax Law, No. 837 of December 20, 1946, and its reforms, twenty-five percent (25%) of the available income of the taxpayers included in subparagraph 2) of Article 14 of the cited law must be considered credited to the partners, and therefore said income shall be subject to the respective withholding.
This provision shall govern for the fiscal periods of 1984 and 1985.
TRANSITORY PROVISION V.- Solely for 1984, the specific allocation of the following taxes is varied in the manner indicated below:
- 1)From the amount collected under Laws No. 4760 of May 4, 1971, and its reform, and No. 6443 of June 23, 1980, the Instituto Mixto de Ayuda Social* shall transfer twenty percent to the single treasury of the State.
NOTE: Article 130 of Law No. 6995 of July 22, 1985, regarding this obligation states: "IMAS is exempted from the obligation contained in Transitory Provision V, first paragraph, of Law No. 6955 of February 24, 1984." 2) From the amount collected for the National Registry Stamp Tax, established in Law No. 4656 of October 31, 1970, reformed by Laws No. 5695 of May 28, 1975, and No. 6575 of April 27, 1981, the Banco Central de Costa Rica shall allocate fifty percent (50%) to the single treasury of the State.
- 3)Article 9 of Law No. 6914 of November 28, 1983, is modified so that, from the proceeds of the general sales tax, established in Law No. 6826 of November 10, 1982, the Banco Central de Costa Rica transfers, directly and quarterly, to the Dirección General de Desarrollo Social y Asignaciones Familiares, seventeen percent (17%), for the fund created and administered as indicated in Law No. 5662 of December 23, 1974. The amount collected from the remaining three percentage points of the twenty established in Law No. 6914 shall enter the single treasury of the State.
- 4)From the amount collected for the tax of zero point seventy-five percent on the FOB value of coffee exports, established in Law No. 3062 of November 14, 1962, reformed by Laws No. 6406 of December 8, 1979, and No. 6542 of December 16, 1980, the Oficina del Café shall transfer twenty percent (20%) to the single treasury of the State.
- 5)From the percentage of net profits of state banks, allocated to the Instituto de Fomento Cooperativo in Laws No. 4179 of August 2, 1968, No. 5185 of February 20, 1973, and No. 6756 of April 30, 1982, the cited banking institutions shall transfer one half to the Government of the Republic.
- 6)From the amount collected for the payroll tax, established in Law No. 6868 of May 6, 1983, the sum of one hundred twenty-five million colones (125,000,000.00) shall be transferred to the single treasury of the State.
- 7)From the amount collected for the tax on the consumption of domestic liquors, established in Law No. 2940 of December 18, 1961, reformed by Laws No. 4716 of February 9, 1971, No. 6282 of August 14, 1979, and No. 6820 of November 3, 1982, the Banco Central de Costa Rica shall transfer seventy-five percent (75%) to the Instituto de Fomento y Asesoría Municipal and twenty-five percent (25%) shall go to the single treasury of the State.
- 8)From the Fondo del Plan Nacional de Desarrollo, created in Article 21 of Law No. 5525 of May 2, 1974, the Ministerio de Planificación Nacional y Política Económica shall transfer the sum of thirty million colones (30,000,000.00) to the single treasury of the State.
- 9)From the amount collected for the international passenger ticket tax, established in Law No. 1917 of June 30, 1955, reformed by Laws No. 2723 of February 20, 1961, and No. 2763 of June 22, 1961, the Instituto Costarricense de Turismo shall transfer fifty percent (50%) to the single treasury of the State.
In those cases where the institutions must transfer directly to the single treasury of the State the sums established in the preceding subparagraphs, they shall do so no later than fifteen calendar days after the tax is collected, or in equal biweekly installments, as applicable.
Noncompliance with this provision by the officials responsible for its execution shall be serious cause for dismissal.
The income received by the State from the application of this provision shall be incorporated into the National Budget through the corresponding modification.
The modifications of specific allocation contemplated in this transitory provision govern solely for the year 1984.
The institutions affected by this transitory provision must submit to the Contraloría General de la República a modification of their 1984 budget, reducing from their revenues the amount that in the preceding subparagraphs is allocated to the single treasury of the State. To maintain budgetary balance, said institutions must reduce their budgeted expenses. These modifications must be submitted to the Contraloría General de la República no later than fifteen calendar days after the effective date of this law.
TRANSITORY PROVISION VI.- The contributions that the Government of the Republic receives from public institutions, as established in Article 31 of this law, shall be incorporated, through the corresponding modification, into the 1984 National Budget. Said institutions may not credit against the specific contributions in the annex to this law any amount that they transfer or pay to the Government of the Republic under other concepts.
Transitory Provision VII.- Law No. 6837 of December 22, 1982, is modified so that the Executive Branch delivers to the Instituto de Desarrollo Agrario, during 1984, one hundred fifty million colones in agrarian bonds. The remaining one hundred million colones in agrarian bonds from the 1984 allocation, which said law assigned to that institution, shall be delivered by the Executive Branch in two installments of fifty million, one during 1985 and the other in 1986.
It is understood that these two installments are in addition to the sums of two hundred fifty million colones that the cited law allocates for the years 1985 and 1986.
Transitory Provision VIII.- Public entities, including autonomous institutions, semi-autonomous institutions, and municipalities, as well as public enterprises and their subsidiaries incorporated as companies, and any public institution created by general or special law, may not, during 1984, maintain balances in their checking accounts and time deposits in banks of the national banking system that are lower than those they had at the end of 1983, except with the written approval of the Ministry of Finance and the Executive President of the Banco Central de Costa Rica.
TRANSITORY PROVISION IX.- In the case of positions in program 001 of the Budget of the Republic, the total number of filled positions during the years 1984, 1985, and 1986 may not exceed the number of filled positions as of June 30, 1984. Also excepted from the limit established by Article 29 of this law are new positions in the rural health programs of the Caja Costarricense de Seguro Social and the Ministry of Health, provided that these positions have the approval of the Budgetary Authority. It is understood that the limit and the date indicated in the cited article shall apply, during 1984, 1985, and 1986, to the total number of positions in the other programs of the Caja Costarricense de Seguro Social and the Ministry of Health.
TRANSITORY PROVISION X.- Public officials who, urged by the Government, availed themselves, according to the provisions included in Article 25 of this law, of the voluntary reduction program of the public sector, during 1995 and up to the effective date of this reform, and did not receive payment of their legal entitlements or the additional benefits offered by the Administration and provided for in Article 25 as reformed herein, shall receive an additional bonus or compensation equivalent to the amount of the salaries not received, calculated based on the average salary of the last six (6) months actually worked, from the date of the effective cessation of their duties and until the date on which the amount to be paid is available at the Pagaduría Nacional. For these purposes, the list of available payments must be published in a national circulation medium. The Executive Branch shall cover the amount corresponding to this last item, with an additional invoice that shall be processed automatically or at the request of the affected public official.
The Executive Branch shall pay all employment-related items, including legal entitlements up to a maximum of twelve monthly payments, calculated on the average of the last six (6) months actually worked, and up to four (4) additional months as a salary incentive.
For officials who, by collective bargaining agreement or another norm with the force of law, are recognized a severance pay cap higher than twelve (12) years, apart from their right to severance pay, they shall be recognized, as a salary incentive, the equivalent of four monthly payments, calculated on the average of the last six (6) months actually worked.
The Executive Branch shall pay the salary incentive referred to in the preceding paragraphs, as well as the monthly payments corresponding to the exceedance of the severance pay cap, regardless of the public institution or enterprise for which the officials covered by this transitory provision work.
The Executive Branch shall also assume the amounts corresponding to legal entitlements in accordance with Article 28 of the Labor Code, collective bargaining agreements, or norms with the force of law, as the case may be, to which the officials of public institutions and enterprises are entitled, when these lack the necessary financing to meet that item.
(As added by Article 2 of Law No. 7560 of November 9, 1995)
OF THE PUBLIC SECTOR The amounts of the extraordinary contribution that the institutions shall pay to the Government of the Republic during 1984 are specified below, in accordance with the provisions of Article 32 of Law No. 6955 for the Financial Balance of the Public Sector.
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| Institution | Contribution amount (millions of colones) |
|---|
| Instituto Costarricense de Puertos del Pacífico ... ... | 20 million |
| Junta Administrativa Portuaria de la Vertiente Atlántica.. .. .. .. | 125 million |
| Estaciones Experimentales ... ... ... ... ... ... ... | 10 million |
| Junta Administrativa de la Imprenta Nacional ... ... | 5 million |
| Fábrica Nacional de Licores ... ... ... ... ... ... | 15 million |
| Junta de Protección Social de San José .. ... ... ... | 55 million |
| Consejo Técnico de Aviación Civil ... ... ... ... ... | 15 million |
| Dirección Nacional de Comunicaciones ... ... ... ... | 15 million |
| Instituto Costarricense de Electricidad . ... ... ... | 100 million |
| Consejo Nacional de Producción ... ... .. ... ... ... | 150 million |
| Refinadora Costarricense de Petróleo ... ... ... ... | 150 million |
| Instituto Nacional de Seguros ... ... ... ... ... ... | 250 million |
| Banco Crédito Agrícola de Cartago ... ... ... ... ... | 10 million |
| Banco de Costa Rica ... ... ... ... ... ... ... ... | 45 million |
| Banco Nacional de Costa Rica ... ... ... ... ... ... | 100 million |
| Departamento de Ahorro y Préstamo (DECAP) ... ... ... | 5 million |
| Banco Anglo Costarricense ... ... ... ... ... ... ... | 20 million |
| Banco Central de Costa Rica ... ... ... ... ... ... | 85 million |
| TOTAL : | ¢ 1,175 million |
President of the Republic.- San José, on the twenty-fourth day of February, nineteen hundred eighty-four.