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View Full Version : Taxes by decree, are they legal?



NewsWhore
02-02-2009, 04:20 PM
In a contribution to Hoy, businessman Jose Antonio Martinez Rojas is questioning the legality of Decree No. 655-08 that imposes a US$15 charge on every passenger traveling to or from the DR as of 1 February. The money collected will be used down as follows: US$7 will go towards travel advertising and the Dominican Institute of Civil Aviation (IDAC) will get US$5.50 for improving aviation controls. The Specialized Security Corps (CESA) will get US$1, another US$1 will pay for the Super Tucano airplanes recently purchased by the government to fight drug trafficking, and US$0.50 will go to the Civil Aviation Board (JAC). Martinez Rojas says that only Congress can legislate to rule for taxes that only later require Presidential sanction. He expresses disapproval of the fact that the Supreme Court of Justice has not intervened to annul this disposition, commenting that perhaps it is time to create the proposed Constitutional Chamber now that the SCJ "in most cases has given in to requests from the Executive Branch."
He goes on to say that something similar to this would happen if the Banco Nacional del Fomento de la Vivienda (BNFV) begins to use pension funds to invest in development projects, violating their nature as secure deposits.
As of yesterday, the government began to charge travelers an additional US$5 in departure tax. Travelers who had bought their ticket earlier and had only paid US$10 were being billed the difference upon departure.
The measure, though, only affects passengers traveling on scheduled flights. Charter flight passengers will not have to pay the additional fee until 1 May.

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