Thursday, August 26, 2010

Complementary finance law includes affirmative action

The auspices of the Ministry of Finance working group composed of representatives from the Ministry of Finance and the Bank of Algeria and the Ministry of Commerce has embarked on the preparation of explanatory notes on some of the measures in the Finance Act supplemental.

The following are clarifications of the application of these procedures as set out in the observations of this group:

And provides for "Article 58 - paragraph 04 of the Financial Code complementary not possible to establish a physical person or legal entity external commercial activity except in the framework of the Partnership which represents the national contribution by at least 30 percent of social capital.

And apply the provisions of this article only for commercial enterprises engaged in these activities, the import of materials intended for sale, which was created after the entry of complementary finance law for 2009 into effect. "

Article 32 of the Finance Act, which requires the application of the tax rate on mobile phone on the value of packing for a month, it also provides for paid product from dealers involved in the clutch tax specialist Aqilemia within twenty days of the month following, and they make sure that you can not in any way that reflected the value of the tax on the price of the card or the value of the packaging.

Based on this and every deduction than the normal price of the card or packaging must be paid to the competent regional clutch with the application of a fine. "
This bill was introduced the financial area of a wider application of tax settlement bank to the importers of services through article 63, which is calculated on the value of each invoice or any document, taking the place of resettlement in mind, and specific tax each transfer of the settlement were from 30 July 2009, including with regard to contract services imports of citizenship before that date.

As applied to a tax settlement as well as the conversion of settlement for payment under the "Supply and Engineering and Construction" by the institutions established under the Fiscal agreements between the two countries, as well as foreign companies for the benefit-based. "

With regard to actively import and border control has required the second paragraph of Article 66 of the Finance Act supplementary presence of the commercial register, or Messier importing organization to implement the inter bank procedures concerning the activities of import and border control at the level of conformity of imported materials.

This procedure is applied as follows:

Lawful representatives of companies with shares and managers Altosicion for limited liability companies and companies with the only person and limited liability enjoyed in the context of their powers Foundation authorized employee of the Company to do at the border procedures and bank conformity control materials for these processes, should also permit those employees with the National Fund for Social Security and regularly to the Directorate of Trade of competent jurisdiction regionally. "

Dedicated "Article 67 commitment to the use of documentary loan only, and limited application of this article on the import of goods valued at more than 100.000 DA sincere with freight (FOB) by traders direct economic characteristics.

And will continue to carry out the importation of goods that are under the investment projects under construction, which has settled its contracts on July 30, 2009 in accordance with the patterns of organization established for this purpose. "

The Article 69 of the Finance Act supplementary mandatory importers pay for the loan through the documentary.
In the context of the application of articles 50 and 67, paragraph 2 of Article 69 of this law has been clarified particularly with regard to imports of goods continue to ensure the importation of goods that have been conducted before the date of 4 August 2009 to prove and document conversion. "

And spelled out in article 75 of the Finance Act are not allowed to banks and financial institutions provide loans for properties only in the context of mortgage loans.
The word "bank" must take the broad sense of the term, and should mean "bank and banking institutions", and then the banking institutions are also involved in the application of this article.

On the other hand it was clarified that allowed for banks and financial institutions loan application consumption that have been approved before the date of July 30, 2009.

Source: APS.

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