Post by account_disabled on Feb 27, 2024 5:37:25 GMT -5
The Ministry of Finance and Public Credit delivered to the Chamber of Deputies at the opening of the current period of sessions of the current Legislature, the Economic Package in the document “General Economic Policy Criteria for the Income Initiative and the Expenditure Budget Project of the Federation Corresponding to the fiscal year 2017”, which includes possible changes to the regime of authorized donees in the country . Some measures would be beneficial, others potentially contain actions that would reinforce or inhibit its development and rather annihilate it. In the justification of the tax proposal for dealing with authorized donees, a phrase is included that indicates that due to the importance of the activities carried out by civil society organizations (only those of the authorized donee regime - a universe of around 8 thousand 200, it is not for all of those that are integrated into the Registry that the government has in the Secretariat of Social Development – which is around 35 thousand), “the State supports their work through a fiscal scheme in which these organizations are exempt from paying ISR. Additionally, donations by the country's population and companies are encouraged, allowing their deduction in the ISR." The document indicates that in recent years the organizations “registered as donees” have grown (the growth has been rather slow and rather maintains the same number between those that appear and those that lose the prerogative of being an authorized donee), but it does not Thus, the culture of donation despite the incentive provided by the state to be able to deduct such contributions: “in 2015, only 3.7 percent of individuals and 3.4 percent of legal entities made donations.” The deductibility limits (7%) “are not the main obstacle to donations made by people and companies in the country.” Despite the “benefits of the tax regime applicable to the philanthropic sector, there are certain administrative barriers that inhibit both the creation of non-profit organizations and specific aspects of their operation.”
The SHCP therefore carried out “a diagnosis New Zealand WhatsApp Number of the obstacles to the expansion of the philanthropic culture in the country” which estimates that the lack of development of the sector is located in three axes: a) Complexity of the administrative provisions that apply to authorized donees b) Lack of effectiveness of the controls established to verify their actions c) Deficit in the visibility and certainty regarding the performance of the donees and their work among the population How does the proposal respond to the three axes of your diagnosis? Firstly, to “eliminate the administrative barriers that hinder the proper functioning of the grantees”, the SHCP proposes the following measures: • “Make the limit of income from activities other than those of its corporate purpose more flexible for which ISR is not incurred. For this purpose, it is proposed to exclude from said limit, 10 percent of its total income, the income obtained from recovery fees. This makes it easier for the donors to carry out self-sustaining activities. • Due to the difficulty they have in obtaining accreditation for their work, they are currently allowed to obtain work authorization without having submitted the corresponding accreditation, with the condition that they present it within a period of no more than 6 months. In order to reduce entry barriers to the sector, it is proposed to extend the period to present the accreditation of activities to 12 months. • It is proposed to establish that third parties, or agents other than the SAT, can expeditiously accredit the activities of the donees. • The current scheme does not contemplate support for small productive projects. It is proposed to include, as an activity susceptible to obtaining donations, support for projects of small agricultural producers and artisans in the most disadvantaged areas of the country. • Implement an electronic system that allows the expeditious donation of embargoed foreign trade merchandise. • Establish the option so that higher education institutions authorized to receive donations can invest in entrepreneurial projects. This will be conditional on the profits obtained being used exclusively for the development of new projects.
To address the problems of the second axis, the SHCP proposes “creating mechanisms that generate visibility and certainty among society of the task carried out by philanthropic organizations” in this way: • “That the donee who loses the registration and has not recovered it the following year is automatically considered liquidated and must allocate all of her assets to another authorized donee. • In order to promote the professionalization of foundations, it is proposed that the requirement of having corporate governance be established in their constitutive acts. • In order to close regulatory gaps that encourage abuses, it is proposed to establish that companies that rejoin the regime must publish on the SAT portal the information on the donations received and their destination during the period in which they were outside the SAT. regime". Regarding this axis, it would be good to point out that organizations, whether civil associations or private assistance institutions, have a Board of Directors or Board of Trustees, respectively, which also need to be strengthened. On the other hand, the SHCP could analyze the behavior of crowdfunding portals that are experiencing significant growth because they can open the possibility of bad practices both with donors, beneficiaries and the way they operate since there is no complete transparency and certainty about the percentage they retain of the contributions received (which are not donations). It is known that there is only one portal that is an authorized donee and complies with all the requirements of the law, such as Aporta, an initiative by Aldo Álvarez, which offers a service focused on the donor and channels donation requests to authorized donees. But perhaps the greatest problems and risks arise in the actions that it wishes to undertake to resolve the adversities of its third axis, since the SHCP proposes: “the establishment of a certification scheme that simultaneously produces information for society and for the donee herself about the effectiveness of the latter's actions, while offering tax benefits and administrative facilities for organizations with favorable results", these are the proposals: • “It is proposed to establish a voluntary certification scheme for grantees.
The SHCP therefore carried out “a diagnosis New Zealand WhatsApp Number of the obstacles to the expansion of the philanthropic culture in the country” which estimates that the lack of development of the sector is located in three axes: a) Complexity of the administrative provisions that apply to authorized donees b) Lack of effectiveness of the controls established to verify their actions c) Deficit in the visibility and certainty regarding the performance of the donees and their work among the population How does the proposal respond to the three axes of your diagnosis? Firstly, to “eliminate the administrative barriers that hinder the proper functioning of the grantees”, the SHCP proposes the following measures: • “Make the limit of income from activities other than those of its corporate purpose more flexible for which ISR is not incurred. For this purpose, it is proposed to exclude from said limit, 10 percent of its total income, the income obtained from recovery fees. This makes it easier for the donors to carry out self-sustaining activities. • Due to the difficulty they have in obtaining accreditation for their work, they are currently allowed to obtain work authorization without having submitted the corresponding accreditation, with the condition that they present it within a period of no more than 6 months. In order to reduce entry barriers to the sector, it is proposed to extend the period to present the accreditation of activities to 12 months. • It is proposed to establish that third parties, or agents other than the SAT, can expeditiously accredit the activities of the donees. • The current scheme does not contemplate support for small productive projects. It is proposed to include, as an activity susceptible to obtaining donations, support for projects of small agricultural producers and artisans in the most disadvantaged areas of the country. • Implement an electronic system that allows the expeditious donation of embargoed foreign trade merchandise. • Establish the option so that higher education institutions authorized to receive donations can invest in entrepreneurial projects. This will be conditional on the profits obtained being used exclusively for the development of new projects.
To address the problems of the second axis, the SHCP proposes “creating mechanisms that generate visibility and certainty among society of the task carried out by philanthropic organizations” in this way: • “That the donee who loses the registration and has not recovered it the following year is automatically considered liquidated and must allocate all of her assets to another authorized donee. • In order to promote the professionalization of foundations, it is proposed that the requirement of having corporate governance be established in their constitutive acts. • In order to close regulatory gaps that encourage abuses, it is proposed to establish that companies that rejoin the regime must publish on the SAT portal the information on the donations received and their destination during the period in which they were outside the SAT. regime". Regarding this axis, it would be good to point out that organizations, whether civil associations or private assistance institutions, have a Board of Directors or Board of Trustees, respectively, which also need to be strengthened. On the other hand, the SHCP could analyze the behavior of crowdfunding portals that are experiencing significant growth because they can open the possibility of bad practices both with donors, beneficiaries and the way they operate since there is no complete transparency and certainty about the percentage they retain of the contributions received (which are not donations). It is known that there is only one portal that is an authorized donee and complies with all the requirements of the law, such as Aporta, an initiative by Aldo Álvarez, which offers a service focused on the donor and channels donation requests to authorized donees. But perhaps the greatest problems and risks arise in the actions that it wishes to undertake to resolve the adversities of its third axis, since the SHCP proposes: “the establishment of a certification scheme that simultaneously produces information for society and for the donee herself about the effectiveness of the latter's actions, while offering tax benefits and administrative facilities for organizations with favorable results", these are the proposals: • “It is proposed to establish a voluntary certification scheme for grantees.