REGULATION No. 694 THE LAW , LAW ON THE PROMOTION OF INCOME RESIDENTS AND RESIDENTS Rentistas PENSIONERS
Executive Decree No. 83-2009 , Approved October 16, 2009
Published in La Gaceta No. 204 of October 28, 2009
The President of the Republic
In exercise of the powers under the Constitution
Has given
Next:
DECREE
CHAPTER I
GENERAL PROVISIONS
Section 1. This Decree is to regulate the implementation of Law No. 694, Revenue Act Promoting Resident Resident Pensioners and Pensioners published in La Gaceta , Diario Oficial , No. 151 of August 12, 2009 .
Article 2. For purposes of this Regulation shall apply:
a) CAP: Center for Public Service INTUR .
b ) CT : Technical Committee.
c ) DGI: General Directorate of Revenue Services .
d ) DGA : Directorate General of Customs Services .
e) DGME : General Directorate of Migration .
f ) INTUR : Nicaraguan Institute of Tourism.
g ) VAT: Value Added Tax .
h) Act : Act No. 694 Revenue Act Promoting Resident Resident Pensioners and Renters .
i ) MHCP : Ministry of Finance and Public Credit.
j ) Foreign Ministry : Ministry of Foreign Affairs.
k ) RP : Resident Pensioner
I ) RR Resident Pensioner .
Article 3 .- For the purposes of the Act and this Regulations, the INTUR :
a) Disseminate , promote and guide , both within and outside the country, about the benefits and procedures of the law.
b ) Establish standards and procedures for the implementation of the Law
c ) Coordinate with the various institutions related to the implementation of the Act and these Regulations .
d ) Receive through CAP the applications of persons , domestic or foreign, who wish to qualify and obtain the benefits and incentives of the Act
e) Dealing with petitions submitted by citizens and foreign nationals interested in achieving the status of RP or RR after consulting CT.
f ) Issue Resolution authorizing or denying the processing of benefits and incentives granted to RP and RR and referring to MHCP, to implement them according to the functions conferred by the Act
g ) Notify the DGME Y MHCP to issue administrative decisions in the field of competence.
h ) Granting Administrative Certification of Resolutions approving or rejecting the acquisition of category RP or RR.
i ) Creating the Register of RP and RR, Extensions of categories, change of migratory categories , benefits and exemptions.
j ) Submit to the DGME the original file with the Administrative Resolution within three business days after notification of the subject.
k ) Request the DGMEIn the case of Nicaraguans who wish to qualify for the benefits of the law, the evidence of migratory movement to ensure its stay abroad for more than ten years.
CHAPTER II
TECHNICAL COMMITTEE
Article 4. The CT will be made by the Director of Legal Affairs and Legal Counsel INTURThe Director of Immigration and Legal Officer of the DGME.
Article 5. The CT have the following functions :
1. Meet every two weeks to rule applications , which consider
2. Check the legality and accuracy of the information and documents submitted by applicants.
3. Information exchange between the institutions involved in the implementation of the Act and Regulations.
4. Convene the institutions involved in the implementation of the Act and this Regulation in order to issue its recommendations, which will be considered to rule applications.
5. Other inherent in the framework of its competence .
CHAPTER III
ON THE STATUS OF PENSIONERS RESIDENT OR RESIDENTS Annuitant
Article 6. Corresponds to the DGME extend the category RP Y RR Resolution under INTUR.
Article 7. When the person requests the extension of immigration status to their partner in a stable de facto union must submit the certification of the official document to verify this relationship, widespread in their country of origin or of residence.
Article 8 .- Applicants submitting legal documents issued in countries other than your country of origin must accompany Resident Card or Certificate of Naturalization that credits and immigration records .
CHAPTER IV
Benefits and Waivers
Article 9 .- In the case of nationals who are covered by Act No. 535, " Special Law for the Nicaraguan Migration Incentives Abroad " published in the Official Gazette No. 101 of May 26, 2005 and reentering the country after ten years have enjoyed the above incentives may be eligible for the benefits and exemptions of this Act provided they meet the requirements set for these purposes.
Article 10 .- Relief from duty-free treatment and exemption from all import duties in force by the introduction of household goods, will be granted for once.
Article 11 .- While INTUR and MHCP not issue lists of building materials to be exempt from VATThese must comply with the list of building materials provided for in paragraph a ) of Recital Eleventh Ministerial Agreement No. 005-2007 . " International Agreement Ministry of Finance , Institute of Urban and Rural Housing " published in the Official Gazette No. 31 of February 13, 2008 .
Article 12 .- To the relief of VAT for rental or lease of vehicles with the specifications contained in paragraph 6 of Arto 7 of the Act, shall submit to INTUR pro-forma rental service, it must correspond to a taxpayer duly registered with the tax authorities, have license to operate the Title INTUR Registration Number Single Taxpayer (RUC ) and engage in economic activity or income rental vehicles for tourists . To enjoy this benefit, MHCP issue the exemption VAT later than 72 business hours .
The fine for use for purposes other than tourism rented vehicles must be entirely in favor of INTUR within a period not exceeding thirty calendar days. In case of recidivism, the INTUR may cancel Category RP or RR pursuant to article 19 and under the same procedures of Article 20, both of the Law
Article 13 .- When the RP or the RR required to provide professional services to the Nicaraguan state , a Superior Technical Education Centers , or that their research is of social interest for the country, according to Article 7 and paragraph c) of Art.16 of the Law, be presented before the INTUR with the endorsement of the institution that need their services , having reviewed the documentation INTUR issue the appropriate resolution.
The RR or the RR shall serve only for the institution wants it, and the same resolution indicating their obligations and rights under the Act
In case of item a) of Article 16 of the Act, the RP or the RR be filed with the INTUR with the approval of the Ministry of Development, Industry and Trade (MIFIC ), Having reviewed the documentation INTUR issue the relevant resolution .
Article 14 .- The resolutions that provide benefits and exemptions provided in Article 7, Paragraphs 3, 4 , 5 and 7 of the Act shall be treated by the General Secretariat MHCPAccordance with regulations issued by the Ministry for this purpose and INTUR .
Article 15 .- To grant the benefits and exemptions MHCP issue the authorization within a maximum of 15 working days , excluding the period for exemption VAT for rental or lease of vehicles which is laid down in Art.12 of the regulation.
Article 16 .- The benefits and exemptions may be requested in the application event Category RP and RR or subsequently.
CHAPTER V
Proceeding ADMINISTRATIVE REQUIREMENTS AND PROCEDURES
Article 17 .- Applications received from abroad by the Nicaraguan consular officials , should be forwarded to CAP of INTUR with prior authentication of documents by the MINREX in accordance with the provisions of the second paragraph of Article 11 of the Law
Article 18 .- For the Proceeding of the benefits and exemptions contained in the Act , the applicant must file an application with the following information and documents:
1. Names, surnames , a copy of the Certificate of Residence current number of the Resolution in which their status has RP or RR. If the application is submitted by someone other than the applicant should accompany the relevant power of attorney before a Notary Public .
2. Indicate the requested benefits .
3. In Listing message home, they should detail each of the items to import, and total unit cost estimates. The list will be presented in print and digital format.
Article 19 .- For purposes of exemption from payment of import taxes of a new or used vehicle , the applicant shall attach to the application letter certifying domain title the vehicle, which shall contain the following information:
a) Brand ;
b ) Model ;
c ) Year of manufacture;
d ) Number of chassis serial number or vehicle identification number (VIN ), as appropriate;
e) Number of motor
f ) cc engine ;
g ) Type of vehicle;
h ) Type of fuel;
i ) Color ;
j ) Country of manufacture.
Article 20 .- For purposes of exemption from import duties of a new or used vehicle purchased legally incorporated company in the country, should be annexed to the pro forma application of the motor vehicle or quotation of the commercial , which should indicate the specifications thereof, provided that the vehicle is covered under the customs regime for temporary storage or customs warehouse.
Article 21 .- For purposes of exemption from VAT for the local purchase of a new or used vehicle shall attach pro forma or quotation of the commercial .
Article 22 .- In cases of total destruction or theft of motor vehicle tax has been waived , the person to acquire another vehicle shall:
a) Arrange with the DGA the release of a lien of the vehicle ;
b ) Submit written request to the INTUR accompanied by the evidence or documents issued by the authority or institutions concerned with proving that the loss or destruction of the vehicle and proof of release of a lien granted by the DGA.
Article 23 .- For the application process for exemption from VAT for the purchase of building materials must accompany the following documents:
1) Title of the real estate domain , registered in the Public Registry of the Property on behalf of RP or RR.
2) Certification of freedom from taxation.
3) The construction permit and environmental guarantee appropriate.
4) Proforma or trading of building materials .
Article 24 .- When the recipient decides to convey the property to third parties within the period of ten years, set out in paragraph 2 of Article 16 of the Act, shall attend the DGI to invoke the procedure for cancellation of VAT his acquittal , in proportion .
Article 25 .- For exemption from taxation of placement of instruments or materials for the professional or academic year the beneficiary shall submit the application letter INTUR accompanied by the certification issued by the institution of the State Technical Education Center or Superior where he serves has required professional or social interest for the country and present a list of tools or materials , unit costs and total estimated Listing be presented in print and digital format.
Article 26 .- All documentation to be referenced in this chapter shall be accompanied by an original and three photocopies certified by a notary public, certified translations into Spanish and authenticated when appropriate.
CHAPTER VI
DURATION , WAIVER OR LOSS OF THE STATUS OF PR O RR
Article 27 .- The RP or RR renounce their status shall notify in writing INTUR who will issue the corresponding resolution and forward it to the DGI and the DGA for processing the cancellation of benefits and exemptions, as well as DGME to proceed under the applicable legislation .
Article 28 .- Resident aliens who previously have been allowed any of the immigration categories according to the law of matter and applying for the Act must comply with the requirements set forth in Article 10 of the Law
Article 29 .- Foreign citizens RP and RR who have lost or given up their residence may apply for prior compliance with all legal requirements , are exempted from this provision for foreign citizens RP and RR who have lost their residence for the reasons set out in paragraphs 2 and 6 of Article 10 of the Law
CHAPTER VI
FINAL PROVISIONS
Article 30 .- For foreigners who do not meet the requirements of the Act and who are interested in investing in the country may apply for permanent residence in the sub - category of investors , after submitting the requirements to the Ministry of Development, Industry and Trade (MIFIC ) and DGME.
Article 31 .- Residents or Residents Rentistas Pensioners covered under Decree No 628 "Law Resident Pensioner or Annuitant Resident of the Republic of Nicaragua " published in the Official Gazette NO. 264 of November 19, 1974 , may claim under the Act, in accordance with Section 24 of the Act, prior approval of INTUR for which they must submit the following documents:
1. Application on plain paper addressed to the Executive Presidency INTUR indicating the current address , phone number and email.
2. Certificate of pension income or updated .
3. Photocopy of current residence card . In the case of nationals must present their identity card in accordance with the Law of Citizen Identification .
Article 32 .- This Decree shall enter into force after its publication in the Official Gazette .
Done in the City of Managua , Government House , on October 16 , two thousand nine. Daniel Ortega Saavedra, President of the Republic of Nicaragua. Paul Oquist Kelley, Private Secretary for National Policy .
