LATIN AMERICA
Index: Brazil ; Colombia ;
Falkland Islands ; Peru ; Venezuela
BRAZIL
The draft law on Civil Society Organizations of
Public Character was passed into law n° 9790 (http://www.rits.org.br/legislacao/lg_atual.cfm)
on March 23rd. It had been initiated by the government. This new law
gives an official recognition to social services organizations and establishes
partnerships between the government and civil society organizations.
In a comment (available in Portuguese at http://www.rits.org.br/legislacao/lg_atual3.cfm)
to the draft, Anna Cynthia Oliveira points out the innovative aspects of the law:
- Article 4 establishes rules for self-regulation.
- Article 4 puts an end to the prohibition for directors of an
organization to receive remuneration for services rendered.
- A unique register is created at the Ministry of Justice.
She also points out that some decrees will have to
be adopted in order to implement this law:
- Article 7-a requires the observance of basic principles of accounting
when in fact, there are no provisions in the existing income tax regulation, which provide
for accounting procedure for the nonprofit sector. She suggests that large organizations
adopt the system established for commercial entities whereas smaller organizations adopt a
simplified system.
- Article 7-c suggests that the requirement of audit can be effectuated
by other forms of audit -maybe internal audit- in accordance to the regulation. She
recommends that this be done in using the existing decree on the certification of
philanthropic entities or in establishing a "semi-audit" for organizations that
would have an income below a certain amount.
For a complete listing
of Documents ICNL has in its documentation center on Brazil, Click Here!
COLOMBIA
Law 488 introduces major changes to the tax system
with effect from 24 December 1998. The amendments include a new relief for donations to
nonprofit organisations dedicated to the defence, promotion and protection of human rights
and justice. Donors to such organisations can deduct for income tax purposes up to 125% of
the value of the donation. (Law
488 article 37, amending article 126-2 of the Colombia Tax Code)
For a complete listing of Documents
ICNL has in its documentation center on Colombia, Click Here!
FALKLAND ISLANDS /
MALVINAS
The income tax law has been amended to provide
income tax relief for charitable donations. The amended law provides that, with effect
from 1 January 1998, a person will be entitled to an allowable deduction for a cash
donation of £50 or more to a charity registered under the UK Charities Act 1960 as it
applies to the Falkland Islands or to a charity that is not required to be so registered
and is included in a list of charities prepared by the Attorney General, approved by the
Governor of the Falkland Islands and published in the Gazette. (Taxes Ordinance 1997,
Sections 57A & 57B, as amended by the Taxes (Amendment) Ordinance 1998)
PERU
An artcle entitled ESTABLISHING
NEW INTERACTIVE FORMS OF COLLABORATION BETWEEN NON-PROFIT ORGANIZATIONS AND ENTERPRISES.-
COMPETITIVE VS. COLLABORATIVE RELATIONSHIPS by
Maria Beatriz Parodi Luna can be found here!
For a complete listing of Documents
ICNL has in its documentation center on Peru, Click
Here!
VENEZUELA
Also Available
in this issue:
Redes y Redes de
Redes by Miguel
Angel Itriago Machado Antonio L. Itriago Machado
Reflexionando
sobre Consolidación de Organizaciones Cúpula de la Sociedad Civil en Venezuela
by Charo Méndez
For a complete listing of Documents
ICNL has in its documentation center on Venezuela, Click Here!
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Revised: July 22, 2004.