Enter your search here

ARTICLES

LEGAL RESOURSES

Exchange rate:

$ 17.26

    • ARTICLE 177: REQUIREMENTS TO OBTAIN THE AUTHORIZATION AS A FISCAL DEPOSIT OF STORAGE

     

    For the purposes of article 119, first paragraph of the Law (LA: Art. 119), the general warehouses of deposit may obtain the respective authorization, when they are up to date in the fulfillment of their fiscal obligations, prove ownership or legal possession of the facilities in which they will provide the storage service of merchandise, and meet the other requirements established by the Service Tax Administration (Servicio de Administración Tributaria) (RLA: Art. 1) through Rules (RGCE 2022: Regla 4.5.1).

    Merchandise that is introduced to the fiscal deposit regime may remain there for a period of twenty-four months.

    The authorization will be granted with a validity of up to ten years, or by which the general warehouses of deposit applicant proves the ownership or legal possession of the facilities object of their request, if it is minor.

    The authorization referred to in the first paragraph of this article will be canceled, when the holder incurs any of the following assumptions:

  • Allow the withdrawal of merchandise without complying with the formalities for its return abroad or without paying the contributions and, where appropriate, compensatory fees caused by its importation or exportation;

    •  

  • When storing merchandise that should not be subject to said regime in terms of article 123 of the Law (LA: Art. 123);

    •  

  • When for any reason fails to comply with the requirements required for the granting of the authorization or, where appropriate, with the provisions of the third paragraph of article 119 of the Law (LA: Art. 119), and

    •  

  • In the other cases provided for in the Law, these Regulations and the respective authorization.

    •  

    The Customs Authority will cancel the authorization, subjecting it to the procedure provided for in article 144-A of the Law (LA: Art. 144A).

    For the purposes of the suspension referred to in the third paragraph of article 119 of the Law (LA: Art. 119), the Customs Authority shall inform the general warehouses of deposit corresponding of the irregularities detected in the exercise of its faculties of verification, by notifying the agreement to initiate the procedure for suspension of the authorization, granting it a period of fifteen days counted from the notification, to prove compliance with the obligations referred to in article 119, second paragraph of the Law (LA: Art. 119) whose breach has initiated the procedure of suspension, offer evidence and state what is appropriate to their right.

    In the event that the fulfillment of the obligations referred to in the previous paragraph is not accredited within said period, the authorization will be suspended until the general warehouse of the warehouse demonstrates its compliance, by issuing and notifying the corresponding resolution, in which must be issued within a period not exceeding three months from the beginning of the procedure; After this period has elapsed without notification of the resolution, the actions of the authority that initiated the procedure will be without effect, without prejudice to the exercise of the faculties of verification.

    In case of destruction, by accident or fortuitous event, of merchandise that is in the fiscal deposit, the general warehouse of deposit must give notice of said circumstance to the customs in whose territorial circumscription is located, within the twenty-four hours following the event, describing the merchandise subject to such destruction and the data that identify the customs operation to which they were subject. (RGCE 2022: Regla 4.5.15)