Fracasan las intenciones de la Dirección General de Aduanas, Tribunal prohíbe impuestos a Compras por Internet menores de US$200

El pasado miércoles, la Segunda Sala del Tribunal Superior Administrativo (TSA) ordenó a la Dirección General de Aduanas que se abstenga de toda ejecución con respecto a la resolución que dispone el cobro impuestos a las mercancías con precios menores de US$200 adquiridas por Internet, la cual debía entrar en vigencia el día Viernes 15 de Agosto.

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Pues en algo que ha sido catalogado por algunos como una victoria para el pueblo Dominicano, en el día de hoy, la Segunda Sala del Tribunal Superior Administrativo (TSA) ordenó a la Dirección General de Aduanas (DGA) abstenerse de ejecutar la resolución que ordena el pago de derechos e impuestos aduaneros de mercancías importadas menores de US$200.

El Tribunal de Jurisdicción Nacional acogió un recurso de amparo incoado por la Fundación Justicia y Transparencia; la Alianza de Defensa de los Consumidores y Usuarios; la Cámara Dominicana de Comercio Electrónico; la Asociación Dominicana de Empresas Courier y un conjunto de entidades que se unieron a la acción legal.

Los jueces Federico Fernández de la Cruz, Mildred Hernández Grullón y Rafael Ciprian, declararon que se han vulnerado los derechos fundamentales relativos al debido proceso administrativo que implica la sujeción de la Administración Pública, al ordenamiento jurídico nacional, que debe fundarse en el respeto irrestricto a la legalidad.

El Tribunal rechazó declarar inadmisible las intervenciones voluntarias de la Organización Nacional de Empresas Comerciales; la Cámara de Comercio y Producción de Santo Domingo; la Asociación Nacional de Importadores; la Unión Nacional de Empresarios y otras entidades.
Asimismo, acogió la solicitud de exclusión del proceso presentada por el Senado.

El director general de Aduanas, Fernando Fernández, acusó a los propietarios de empresas de couriers de canibalizar la categoría B, que en virtud de la mala interpretación de un decreto exonera de impuestos las compras por Internet con montos por debajo de los US$200.
Reveló que el 88 % de la mercancía declarada por los couriers en dicha categoría tiene una subvaluación de un 500%.

La Asociación de Micro, Pequeñas y Medianas Empresas de Herrera y la Provincia Santo Domingo (Asomipymeh), rechazó la medida de Aduanas.

El tribunal suspendió la decisión, hasta tanto se conozca y fallen las acciones de amparo fusionadas que han incoado diversas entidades, entre ellas la Asociación Dominicana de Empresas Courier (Asodec).

Fuente : Diario Libre

26 comentarios en “Fracasan las intenciones de la Dirección General de Aduanas, Tribunal prohíbe impuestos a Compras por Internet menores de US$200

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