The stabilization of the fiscal and customs regime is guaranteed to holders of a Mining Operation Title who have signed a Mining Agreement.
The maximum duration of a period of stabilization of the fiscal and customs regime is 15 years. This period of stabilization runs from the date on which the Mining Operation Title is granted.
During this period of stabilization, the rates of levies, duties and taxes will neither be increased nor reduced. These rates will remain as they were on the date the Mining Title was granted. In addition, no new tax or levy of any kind whatsoever is applicable to the holder of the Mining Title during this period.
Specifically referred to, on a limited basis, in the stabilization clause are the rates:
- of the Commercial and Industrial Profit and Corporate Tax;
- of the Contributions to Local Development, set out in Article 130 of this Code;
- of the flat rate entry fee defined in this Code.
Also specifically referred to, on a limited basis, by the stabilization clause, are the base rates, subject to the provisions relating to the changes in indices:
- of tax on the extraction of Mineral Substances other than the Precious Metals indicated in Article 161 of this Code;
- of tax on industrial or semi-industrial production of Precious Metals set out in Article 161-I of this Code;
- of export tax on mineral substances other than on the precious substances set out in Article 163 of this Code.
- of export tax on Precious Stones and Gemstones set out in Article 163-I of this Code.
Specifically expressly excluded from stabilization are the rates for fixed fees, annual royalties and surface royalties indicated in Articles 159-I and 160 of this Code as well as excise duties and environmental taxes.
With the exception of the tax on extraction or production and export tax, stabilization does not cover the bases for contributions, fees and taxes.
However, any change in tax base during the period of stabilization, which does not apply to all taxpayers subject to the same contribution, fee or tax, but which will affect holders of Mining Titles exclusively, will be deemed discriminatory and will not be binding on them.