On December 28, 2018, the Congress approved Law 1943, by means of which financing rules were issued, the Tax Statute was modified, and a new amnesty was introduced for the judicial lawsuits against executive acts issued by the UGPP and the current administrative proceedings before said entity.


Law 1943, 2018: New amnesty for proceedings before and against UGPP

The amnesty introduced by Law 1943 contains the following steps and requirements:

1.  Settlement in administrative proceedings against the UGPP:

The UGPP, through its Settlement and Judicial Defense Committee, will be able to settle the sanctions, interests and monetary update derived from the sanctioning or administrative proceedings before said entity according to the following rules:

  • If the lawsuit is on its first or unique instance, the interested party may request to settle 80% of the sanctions, interests and monetary update, for which the petitioner shall pay the remaining 20% and the 100% of quotations to the Social Protection System under discussion.
  • If the lawsuit is on its second instance, the interested party may request to settle 70% of the sanctions, interests and monetary update, for which the petitioner shall pay the remaining 30% and the 100% of quotations to the Social Protection System under discussion.
  • Settlement will not be applicable regarding accrued interests of quotations from the General Pension System and therefore, petitioner shall pay 100% of these interests.

When there is no discussion about the quotations payed to the Social Protection System, but a fine was imposed, it may be requested to settle 50% of the sanctions and monetary update, for which the petitioner shall pay the remaining 50%.
To benefit from the settlement, the following requirements shall be met:

  • The lawsuit must have been filed before December 28, 2018.
  • The lawsuit must have been admitted before the settlement request is filed in the UGPP.
  • There is no final judicial decision.
  • Payments are made, and corresponding proofs are attached.
  • The settlement request is submitted before UGPP no later than September 30, 2019.
  • The minute in which the UGPP approve the settlement is executed no later than October 31, 2019, and that within the following 10 days of its execution the minute is filed before the administrative court for its approval.

2. Termination by mutual consent of administrative proceedings against the UGPP.

The UGPP, through its Settlement and Judicial Defense Committee, may settle sanctions and interests derived from current administrative proceedings according to the following rules:

  • Regarding requirements to correct and declare, Official Liquidations and motions for reconsideration, the settlement will be over 80% of the current sanctions and interests, for which the petitioner shall make the corresponding adjustments, pay the remaining 20% of sanctions and interests and the 100% of quotations to the Social Protection System under discussion.
  • In the case of interests generated over the contributions of the General Pension System, settlement and mutual consent termination will not be applicable. The interested party must pay the complete amount (100%) of interests calculated over those contributions.
  • When there is no discussion about the quotations payed to the Social Protection System, but a fine was imposed, it may be requested to settle 50% of the sanctions, interests and monetary update, for which the petitioner shall pay the remaining 50%.


In order to benefit from this alternative, the following must be considered:

  • The reductions will not apply to payments made before December 28, 2018.
  • That the Requirement to correct and declare, the Official Liquidation, the decision of the reconsideration motion or the decision that imposed a sanction was notified as of December 28, 2018.
  • When there is a judicial claim for nullity and reinstatement of the right, settlement is possible, provided that: (i) the claim has not been admitted, and (ii) that no later than October 31, 2019 the withdrawal request has been filed before the court and corresponding payments have been made.
  • The request for termination by mutual consent must be presented until October 31, 2019. UGPP must resolve at last on December 17, 2019.
     
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