Depreciation and Amortization Law
Depreciation and Amortization Law
AGREEMENT N°.1
The GENERAL DIRECTORATE OF TAXATION, in use of the powers conferred upon it by Articles 9,
ll._subsections d; g) and k), of the Income Tax Law and 4.48 and 49 of its Regulations,
AGREE:
The following Special Regulations for the Depreciation, Amortization and Depletion of Assets.
CHAPTER I
SPECIAL PROVISIONS
ARTICLE 1 °.- This Regulation complements the provisions contained in the Income Tax Law and its
Regulations, relating to the depreciation, amortization and depletion of assets subject to these treatments.
ARTICLE 2.- For the purposes of this Regulation, the words defined in Article 8. of the Law, must be understood
by the meaning that the aforementioned provision indicates and by:
d) "Depreciation". It is the distribution of the value of Tangible Fixed Assets, excluding land, through the
application in periodic amounts of their cost to income statements, based on the estimated useful life, starting
from the date of acquisition.
e) "Amortization". It is the periodic distribution of the cost of Intangible Fixed Assets, through their application
to the income statement, during their legal or estimated life from the date of acquisition and use. Considering
among this class of assets: Goodwill, patents, property rights and concessions.
f) "Exhaustion". It is the periodic distribution of the cost of exploration, development and other expenses
inherent to it of the mineral, oil or gas deposits and the forests, through their application to the income statement
during the period of their exploitation starting from the date start of productive operations.
g) "Obso1escence." It is the condition or process by which units gradually cease to be useful or productive as
part of the property, due to a change in circumstances.
ARTICLE 3.- The Income Tax recognizes that depreciation, amortization and depletion are business expenses or
cost elements, therefore, in order for them to be accepted as a deduction, they must appear in the taxpayer's
accounting.
CHAPTER II
OF DEPRECIATION
ARTICLE 4.- The Income Tax Law and its Regulations recognize the following as depreciation methods:
a) Straight line.
c) Declining balances.
ARTICLE 5.- Depreciation is recognized based on the useful life of the depreciable assets, and their date and
acquisition cost must be verified and included in the declaration, without which the expense will not be accepted.
If the respective depreciation is not requested in a given year, it cannot be claimed in it or subsequent periods.
ARTICLE 6.- Additions, improvements to disbursements that increase the useful life of the asset, do not increase
the original value of the asset to which they correspond, nor do they have an independent life, but by virtue of
prolonging the useful life of the asset, the value will be depreciated. new value (current book value, plus
improvements) in the same amount that has been requested as an expense, according to the initial basis of the
calculation.
ARTICLE 7.- For the purposes of capitalizing assets subject to depreciation, an amount equal to or greater than L
is agreed. 50.00.
ARTICLE 8.- An amount equal to 1% of the original cost of the good is established as residual or salvage value;
Consequently, a capitalized asset cannot be depreciated beyond this limit.
ARTICLE 9.- When the taxpayer must depreciate an asset that is not provided for in the Depreciation Table, he
or she may apply the percentage established for a similar asset or consult the Management so that it assigns the
corresponding percentage.
ARTICLE 10 - The established Table of Percentages has been prepared considering the nature of each industry
and activity and based on an ordinary working day of 8 hours a day; However, when the company needs to
extend its regular working hours permanently or for long periods of time, it may request the Management in such
cases to authorize the depreciation corresponding to each hour of extraordinary working hours per year. For the
purposes of this Article, long periods of time are considered those in which the additional work day extends to
more than 30 days in the year.
When the extraordinary work day does not cover the entire period of one year, the surcharge will be calculated
proportionally to the length of time the extraordinary work day lasts.
ARTICLE 11 - It is recognized that the useful life of the assets that are acquired rebuilt or used is less than that of
new assets, therefore such assets will be depreciated by 2/3 of the useful life corresponding to the new assets.
Used goods are understood to be those that have had at least one use equivalent to 1/3 of their initial useful life.
ARTICLE 12 - When a company decides to transfer its machinery and equipment abroad, it will inform the
General Directorate of Taxation in advance, so that it can order the inspection and carry out an appraisal of the
equipment that will leave the country. If the values of the appraisal or those recorded in the respective export
documents were greater than the current value reflected in the accounting books, the difference will be considered
subject to tax in accordance with the Law, since it is considered that the depreciation granted was greater than
which normally should have been applied.
For the aforementioned purposes, the Customs Administrators of the Republic will not be able to authorize the
respective export policies, as long as the company does not present a certificate from the General Directorate of
Taxation in which it is authorized to remove the aforementioned machinery from the country.
CAPITULO III
MAJOR OF PROPERTY
ARTICLE 13.- Every taxpayer with assets subject to depreciation and amortization will keep a record of
them, detailing buildings, machines, vehicles, furniture and other similar assets, also recording the
following data: a} Date of Acquisition, b}Property Description, c}Acquisition Cost, d}Capitalized
Additions and Improvements, e}Total Value, f}Period Depreciation, g}Accumulated Depreciation,
h}Percentage of Depreciation, i}Useful Life, j}Observations .
ARTICLE 14.- In order for depreciation to be accepted as a deduction, it is an essential requirement to keep the
Property Major referred to in the previous Article up to date.
ARTICLE 15.- In Individual Income, depreciation will be accepted as a deductible expense, provided that the
taxpayer verifies the date of acquisition, cost of the property and its improvements, if any.
When the property is used simultaneously or interchangeably for personal purposes and at the same time to
produce income, the deductible depreciation will constitute the part of the expense for this concept that is
attributable to the production of the income. The above is also applicable to commercial companies.
Individual taxpayers will keep records of their depreciable assets, with the same data as the Property Ledger of
Commercial Companies.
ARTICLE 16.- The taxpayer who, on the effective date of this Special Regulation, is using percentages higher or
lower than those established here, will apply the new percentages indicated in this table, on the same basis that he
used when applying the old percentages.
CAPITULO IV
OF AMORTIZATION
ARTICLE 17.- Amortization is recognized as a reasonable expense to compensate for depletion, wear and tear,
destruction of property and other assets used in the business, which are not subject to depreciation.
ARTICLE 18.- The value of the additions and improvements that increase the life of the assets mentioned in
paragraphs h) and ei) of Article 11 of the Law, will be amortized applying the same guidelines established in
Article 6. of this Regulation.
ARTICLE 19.- Management may be requested to recognize as an expense the value of the non-depreciated part
of the assets that are abandoned because they are obsolete or unusable or for any other reason, including the value
of the improvements that have been incorporated.
ARTICLE 20.- For the formation of a reserve, up to one percent (1%) is granted, calculated on the total credit
sales during the year, of merchandise in general or services provided, for the amortization of the accounts. bad or
doubtful.
ARTICLE 21.- In the case of credit sales of vehicles and heavy equipment carried out based on promise of
purchase and sale contracts, 2% may be deducted from the net value of such operations carried out during the
taxable period, for the formation of a reserve for amortization of bad and doubtful accounts.
In the case of breach of the purchase-sale contract in which the property is recovered and sold again. This
percentage will only be granted for the difference between the unrecovered balance and the value of the new sale.
In no case will the amount accumulated to reserve bad or doubtful accounts exceed 10% of the balance of
accounts receivable at the end of the year.
ARTICLE 22°.-. Commercial companies will periodically charge to the reserve for amortization of bad or
doubtful accounts those that are considered definitively uncollectible. To discharge these accounts, a request must
be submitted to the Directorate, and the following information must be provided: Name, Surname and Address of
the Debtor; date on which the sale or transaction was made; form and type of guarantee and address of the
guarantor, if any; and verification of collection through judicial means. However, a record must be kept outside
of Accounting to continue demanding payment of debts, if circumstances allow; and upon obtaining partial or
total payment of the debt at any time, the amount recovered must appear as taxable income for the period.
ARTICLE 23.- The expenses of organization or reorganization of the company are deductible up to the amount
actually spent, without exceeding 10% of the initial capital invested within it. The total deduction will be
amortized over a period of five years.
ARTICLE 24.- The cost of patents, copyrights, concessions, trademarks, goodwill, and other similar intangible
assets will be amortized in equal annual installments: until the legal period of the relative right is completed,
except for the goodwill that will be amortized over a period of five years.
CAPITULO V
OF EXHAUSTION
ARTICLE 25.- Part of the production cost is the value of depletion, wear or destruction of property and other
assets that are not subject to depreciation such as: Forests, mineral deposits, oil wells, natural gases and other
similar items.
ARTICLE 26.- The reserve to amortize the value of assets subject to exhaustion, wear or destruction, will be
established
On the basis of the respective feasibility study and annual production of the company, upon request of the
interested party to the Management.
CAPITULO VI
ARTICLE 27.- This Regulation will come into force on this date, and will begin to apply to the sworn income tax
returns corresponding to the taxable year of 1975 that taxpayers are required to submit from January 1, 1976
onwards.
ARTICLE 28.- The previous Regulation, contained in Agreement No. 1 of July 1, 1954 and its reforms, carried
out in Agreement No. 5 dated September 30, 1970, are hereby repealed; Likewise, all resolutions issued by the
Management, authorizing special depreciation percentages, except those granted in accordance with Article 18 of
the Income Tax Law, remain without value or effect.
CHAPTER VII
SECTION 1
SECTION 2
SECTION 3
SECTION 4
51 UTILITIES AND EQUIPMENT OF GENERAL USE.
ESTIMATED
YEARS SO MUCH
CLASSIFICATION BY ACTIVITIES
USEFUL PERCENT
LIFE
SECTION 1
11.1 Disassemblies
a) Concrete and Metallic 30 3 1/3
b) Wood 10 10
c) Earth 5 20
11.2 Mechanical Fumigation Devices 10 10
11.3 Furrow Openers 10 10
11.4 Parking machines 10 10
11.5 Plows
a) Animal Traction 5 20
b) Mechanical Traction 10 10
11.6 Electric Water Pumps 5 20
11.7 Hand Pumps for Water 10 10
11.8 Fences of:
a) Wire 15 6 2/3
b) Wood 5 20
c) Stone 25 4
11.9 Metal Pitchers 5 20
11.10 Carts or Carts 5 20
11.11 Hand Trucks 5 20
11.12 Tankers 30 3 1/3
11.13 Cultivators 10 10
11.14 Combines 1 10
11.15 Hives 08 12 1/2
11.16 Eaters and Drinkers
a) Wood 4 25
b) Metal 8 12 1/2
c) Brick or Cement 1 10
d) Other Materials 10 0 10
11.17 Shellers 10 10
11.18 Shellers 10 10
11.19 Dismounters 10 10
11.20 Pulpers 10 10
11.21 Skimmers 10 10
11.22 Fertilizer Distributors 1 10
11.23 Stables, Sheds and Chicken Coops of: 0
a) Wood 8 12 1/2
b) Metal 1 6 2/3
c) Masonry 15 10
11.24 Buildings (See 31) 0
11.25 Chillers 10 10
11.26 Artificial Insemination Equipment 5 20
11.27 Barns (See 31.2)
ESTIMATED
SO MUCH
CLASSIFICATION BY ACTIVITIES YEARS
PERCENT
USEFUL
11.28 Dairy Cattle LIFE 8 12 1/2
11.29 Working Cattle 5 20
11.30 Chicken coops (See 31.2)
11.31 Hand Tools of any kind as long as their unit value does not exceed Lps.
50.00 1 100
11.32 Power Tools 10 10
11.33 Tobacco Ovens 10 10
11.34 Incubators 8 12 1/2
11.35 Greenhouses 10 10
11.36 Cages of all kinds 10 10
11.37 Boats and Barges (See 23.9)
11.38 Windmills 15 6 2/3
11.39 Engines from 1 to 5 CF 8 12 1/2
11.40 Engines from 6 to 10 CF 10 10
11.41 Engines of more than 10 CF 12 8 1/3
11.42 Other unspecified equipment and fixtures 10 10
11.43 Milkers 10 10
11.44 Others 20 5
11.45 Electricity Generating Plants 25 4
11.46 Plantations
a) Banana 5 20
b) Coffee 20 5
c) Cane (First crop) 5 20
d) Oranges and other citrus fruits 15 6 2/3
e) Marañon 15 6 2/3
f) Vineyards 20 5
g) African Palm 20 5
11.47 Water Wells 25 4
11.48 Dams and Dams
a) Calicanthus 30 3 1/3
b) Earth 5 20
c) Wood 10 10
11.49 Oil Burners 10 10
11.50 Rakes and Disc or Chisel Harrows 10 10
11.51 Grain Dryers and Elevators 10 10
11.52 Seeders 10 10
11.53 Mower-Binders 10 10
11.54 Separators
a) Cream 10 10
b) Grains 10 10
11.55 Saddles 10 10
11.56 Stallions 5 20
11.57 Light Tractors 10 10
11.58 Mills of All Kinds 10 10
11.59 Trills 10 10
11.60 Nurseries 10 10
ESTIMATED
SO MUCH
CLASSIFICATION BY ACTIVITIES YEARS
PERCENT
USEFUL
12. SAW MILLS LIFE
13. BENEFITS
14. CONSTRUCTIONS
15. ASSEMBLERS
20.10 Holes 10 10
20.11 Air Compressors 5 20
20.12 Loaders 8 12 1/2
20.13 Classification facilities 20 5
20.14 Other unspecified equipment 10 10
20.15 Tractor excavators 5 20
20.16 Crushers 10 10
20.17 Belt Conveyors 10 10
CEMENT MANUFACTURING
MARBLE FACTORY
FISHING EXPLOITATIONS
20.35 Barges
a) Wood 12 8 1/3
b) Metal 25 4
20.36 Boats 12 8 1/3
20.37 Refrigeration Cabins 15 6 2/3
20.38 Fishing Equipment and Accessories 5 20
20.39 Boats and Barges 20
20.40 Docks
a) Wood 10 10
b) Concrete 20 5
20.41 Other Fishing Tools and Accessories 10 10
22. WORKSHOPS
23. TRANSPORTATION
SECTION 2
SECTION 3
SECTION 4