ESTUDIO CONTABLE RG

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TAXES

Decree 280/97

Approved the ordered text of the Law on Value Added Tax, replaced by Article 1 of Law No. 23,349 and its amendments.

Bs. As., 3/26/97

HAVING SEEN the Law on Value Added Tax, text replaced by Law No. 23,349 and its amendments, and

CONSIDERING:

That it is necessary to approve the ordered text of the standards referred to, in order to facilitate consultation and avoid bruises in its application.

That this measure is issued in the exercise of the powers conferred by article 1 of Law No. 20,004 and article 6 of Law No. 24,631.

Thus,

THE PRESIDENT OF THE NATION ARGENTINA

DECREE:

Article 1 - Approved text of the Law on Value Added Tax, replaced by Article 1 of Law No. 23,349 and its amendments, in accordance with the order that, as Annex I, integrates this decree.

The aforementioned ordered text, prepared according to the index added as Annex II, will be called the "Law on Value Added Tax, text ordered in 1997".

Art. 2 - The provisions of the law whose text is ordered by this decree, will have the validity that in each case indicate the norms that conform it.

Art.3 ° - Communicate, publish, give to the National Directorate of the Official Registry and file. - MENEM. - Jorge A. Rodríguez. - Roque B. Fernández.

( Note  : by art 4º of Law N ° 27.432 BO 29/12/2017 it is established that the specific allocations that govern the date of entry into force of the Reference Law foreseen in the framework of this tax, will maintain their valid until December 31, 2022, inclusive Effective: from the day following its publication in the Official Gazette and will take effect from this date, inclusive. )

ANNEX I

TAX LAW ON ADDED VALUE, TEXT ORDERED IN 1997

TITLE I

OBJECT, SUBJECT AND BIRTH OF THE IMPOSSIBLE FACT

OBJECT

ARTICLE 1 - Establish a tax in the entire territory of the Nation that will be applied on:

a) Sales of personal property located or placed in the territory of the country by the parties indicated in subparagraphs a), b), d), e) and f) of article 4, with the provisions indicated in the third paragraph of that article

b) The works, locations and provision of services included in article 3, carried out in the territory of the Nation. In the case of international telecommunications, they will be understood to be carried out in the country to the extent that their remuneration is attributable to the company located there.

In the cases provided for in subparagraph e) of article 3, those services carried out in the country whose effective use or exploitation is carried out abroad are not considered to be carried out in the territory of the Nation. Article 43

c) Definitive imports of movable things.

d) The benefits included in subsection e) of article 3, carried out abroad, whose effective use or exploitation is carried out in the country, when the borrowers are subject to the tax for other taxable events and are registered as responsible persons .

e) The digital services included in subparagraph m) of section 21 of subsection e) of article 3, provided by a resident or domiciled abroad whose use or effective exploitation is carried out in the country, while the borrower it is not included in the provisions set forth in the preceding paragraph.

The digital services included in point m) of section 21 of subparagraph e) of article 3, provided by a resident or domiciled abroad shall be understood, in all cases, to be performed abroad. With respect to the second paragraph of subsection b) and subsections d) and e), it is considered that there is effective use or exploitation in the jurisdiction in which the immediate use or the first act of provision of the service by the borrower is verified even when, if applicable, the latter is intended for consumption.

However, in the case of digital services included in subparagraph d), it is presumed -except proof to the contrary- that the effective use or exploitation is carried out in the jurisdiction in which the following budgets are verified:

1. In the case of services received through the use of mobile phones: in the country identified by the mobile phone code of the sim card.

2. In the case of services received through other devices: in the country of the IP address of the electronic devices of the recipient of the service. The unique numerical identifier formed by binary values ​​assigned to an electronic device is considered as an IP address.

Regarding subsection e), it will be presumed, without admitting proof to the contrary, that there is effective use or exploitation in the Argentine Republic when it is there:

1. The IP address of the device used by the customer or sim card country code, as specified in the previous paragraph; or

2. The billing address of the client; or,

3. The bank account used for the payment, the billing address of the customer that the bank has or the financial institution issuing the credit or debit card with which the payment is made.

( Article replaced by Article 87 of Law N ° 27.430 BO 29/12/2017 Effective: the day following its publication in the Official Gazette and will take effect in accordance with the provisions of each of the Securities that comprise it. See Article 97 of the Reference Law)

ARTICLE 2 - For the purposes of this law, sale is considered:

a) Any transfer for consideration, between persons of visible or ideal existence, undivided successions or entities of any kind, which imports the transfer of ownership of personal property (sale, exchange, payment in kind, adjudication by dissolution of companies, social contributions , sales and judicial auctions and any other act that leads to the same purpose, except expropriation), including the incorporation of said assets, of own production, in the cases of exempt or non-taxed leases and services and the sale of those, that being susceptible to having their own individuality, they are attached to the ground at the time of their transfer, as long as they have the nature of exchange assets for the person in charge.

Transfers made as a consequence of reorganizations of companies to commercial funds and, in general, companies and operations of any nature included in article 77 of the Income Tax Law, text ordered in 1986 and its modifications, will not be considered sales. In these cases, the tax balances existing in the reorganized companies will be computable in the continuing entities.

The same treatment as that provided in the previous paragraph will be applicable to transfers in favor of descendants (children, grandchildren, etc. and / or spouses) when both the assignor (s) and the assignee (s) are responsible persons enrolled in the tax. .

In the case of regulated transfers, through meters, the fixed fees required, regardless of the actual deliveries, will have the planned treatment for sales.

The sale for incorporation of goods of own production, referred to in the first paragraph of this subsection in its final part, will be considered as long as they are included in the services or locations, exempt or not taxed, movable things obtained by the person who performs the provision or location through a process of preparation, location and these are carried out simultaneously.

b) Removal of personal property from the encumbered activity for the private use or consumption of the owner or holders thereof.

c) The operations of commission agents, consignees or others who sell or buy in their own name but on behalf of third parties.

ARTICLE 3 - The works, the locations and the provision of services indicated below are covered by the tax of this law:

a) Work carried out directly or through third parties on another's property, understood as constructions of any nature, civil, commercial and industrial facilities, repairs and maintenance and conservation work. The installation of prefabricated houses is comparable to construction work.

b) The works carried out directly or through third parties on own property.

c) The elaboration, construction or manufacture of a movable thing -even when it acquires the character of real property by accession- by order of a third party, with or without contribution of raw materials, whether it supposes the obtaining of the final product or simply it constitutes a stage in its elaboration, construction, manufacture or putting in conditions of use.

The provisions of this subsection shall not apply in cases in which the obligation of the landlord is the provision of a non-taxed service that is specified through the delivery of a movable thing that simply constitutes the material support of said provision. The regulatory decree will establish the conditions for the origin of this exclusion.

d) The obtaining of goods of nature on behalf of a third party.

e) The locations and provision of services indicated below, as they were not included in the preceding paragraphs:

1) Carried out by bars, restaurants, canteens, tearooms, confectioneries and, in general, by those who provide refreshments, meals or drinks in premises -original or foreign-, or outside of them.

Exceptions are those carried out in workplaces, exempt health establishments or educational establishments -official or private recognized by the State- as long as they are for the exclusive use of personnel, patients or companions, or, where appropriate, for students, not being of application, in these cases, the provisions of paragraph a) of Article 2 referred to the incorporation of personal property of own production.

2) Carried out by hotels, inns, pensions, lodgings, motels, camps, apart-hotels and the like.

3. Made by inns, hotels or accommodations per hour.

4. Carried out by those who provide telecommunications services, except those provided by Encotesa and those of the news agencies. (Point replaced by paragraph a.1), art. 1º, Title I of Law N ° 25,063 BO 30/12/1998. Validity: from the day following its publication in the Official Gazette (12/31/1999). It will be effective for the present case from 01/01/1999.)

5. Carried out by those who provide gas or electricity except the public lighting service.

6. Carried out by those who provide the services of provision of running water, sewage and drainage, including the draining and cleaning of blind wells.

7. Of movable things.

8. Storage and storage in refrigerating or refrigerating chambers.

9. Repair, maintenance and cleaning of personal property.

10. Decoration of houses and all other property (commercial, industrial, service, etc.).

11. Aimed at preparing, coordinating or managing the work on third-party real estate contemplated in subsection a).

12. Made by bathhouses, massages and similar.

13. Made by swimming pools and gyms.

14. From boxes in studs.

15. Made by hairdressers, beauty salons and similar.

16. Carried out by parking lots or garages and the like. Parking on public roads (parking meters and parking cards) is excluded when the exploitation is carried out by the State, the provinces or municipalities, or by the subjects included in subparagraphs e), f), g) or om) of article 20 of the Law on Income Tax, text ordered in 1986 and its amendments.

17. Made by dry cleaners and laundries.

18. Real estate for conferences, meetings, parties and the like.

19. Retirement, training, grooming and hairdressing of animals.

20. Involved in the price of access to places of entertainment and fun, as well as those that could be made in them (dance halls, discos, cabarets, boites, casinos, racetracks, amusement parks, bowling and billiard salons, games of any species, etc.), excluding those included in article 7, subsection h), section 10. (Section replaced by paragraph a) art. 1 of Decree No. 496/2001 BO 02/05/2001. Validity: from its publication in the Official Gazette. It will be effective for taxable events that are perfected as of May 1, 2001, inclusive.)

21. The remaining locations and benefits, provided they are carried out without dependency and for consideration, regardless of the legal framework that is applicable to them or that corresponds to the contract that originates them.

They are included in this section among others:

a) Those that configure services included in the economic activities of the primary sector.

b) Tourism services, including the activity of tourism agencies.

c) The computer services including the software whatever the form or modality of contracting.

d) Storage services.

e) The services of exploitation of fairs and exhibitions and location of spaces in them.

f) Technical and professional services (university professions or not), arts, crafts and any type of work.

g) The services provided by organization, administration and administration to savings circles for specific purposes.

h) The services provided by auxiliary agents of commerce and those of intermediation (including real estate agents) not included in subsection c) of article 2.

i) The temporary assignment of the use or enjoyment of personal property, excluding those related to shares or securities.

j) Advertising.

k) The production and distribution of film and video films. (Subparagraph substituted by paragraph b) art. 1 of Decree No. 493/2001 BO 30/04/2001. Validity: from its publication in the Official Gazette. It will be effective for taxable events that are perfected as of May 1, 2001, inclusive.)

l) Insurance operations, excluding private retirement insurance, life insurance of any kind and affiliation contracts with the Occupational Risk Insurers and, where appropriate, their reinsurance and retrocession. (Section l) incorporated by inc. b), art. 1º, Title I of Law N ° 25,063 BO 30/12/1998. Validity: from the day following its publication in the Official Gazette (12/31/1998). It will take effect for the present case from 01/01/1999)

m) Digital services. Digital services are considered, regardless of the device used for download, display or use, those carried out through the Internet or any adaptation or application of protocols, platforms or technology used by the Internet or other network to through which equivalent services are provided that, by their nature, are basically automated and require minimal human intervention, including, among others, the following:

1. The supply and hosting of computer sites and web pages, as well as any other service consisting of offering or facilitating the presence of companies or individuals in an electronic network.

2. The supply of digitized products in general, including, among others, computer programs, their modifications and their updates, as well as the access and / or download of digital books, designs, components, patterns and similar, reports, analysis financial or market data and guides.

3. Remote maintenance, in an automated way, of programs and equipment.

4. The administration of remote systems and online technical support.

5. Web services, including, among others, the storage of data with access remotely or online, memory services and online advertising.

6. Software services, including, but not limited to, software services provided on the Internet ("software as a service" or "SaaS") through cloud-based downloads.

7. Access and / or download to images, text, information, video, music, games -including gambling-. This section includes, among other services, the downloading of films and other audiovisual content to devices connected to the Internet, the online download of games -including those with multiple players connected remotely-, the dissemination of music, movies, bets or any other digital content - even though it is done through streaming technology, without the need to download to a storage device -, obtaining jingles, mobile and music tones, viewing online news, traffic information and weather forecasts - even through satellite services-, weblogs and website statistics.

8. The provision of databases and any service generated automatically from a computer, through the Internet or an electronic network, in response to an introduction of specific data made by the customer.

9. Online club services or dating websites.

10. The service provided by blogs, magazines or newspapers online.

11. The provision of Internet services.

12. Teaching distance or test or exercises, made or corrected in an automated way.

13. The concession, to an onerous Title, of the right to market a good or service on an Internet site that functions as an online market, including online auction services.

14. The manipulation and calculation of data through the Internet or other electronic networks. ( Section m) incorporated by art. 88 of Law N ° 27.430 BO 29/12/2017. Validity: the day following its publication in the Official Gazette and will take effect in accordance with the provisions of each of the Titles that comprise it. See art. 97 of the Reference Law)

When it comes to leases or taxable services, the related or related services are included, as well as the transfers or assignments of the use or enjoyment of intellectual, industrial or commercial property rights, excluding the copyrights of writers and musicians.

SUBJECT

ARTICLE 4 - Taxpayers are taxpayers who:

a) They habitually sell movable things, carry out accidental acts of trade with them or be heirs or legatees of registered persons; in the latter case when they dispose of assets that in the head of the deceased had been subject to the lien.

b) Carry out sales or purchases on their own behalf, but on behalf of third parties.

c) Definitively import movable things in your name, on your own behalf or on behalf of third parties.

d) Are construction companies that perform the works referred to in subsection b) of article 3, regardless of the legal form they have adopted to organize themselves, including sole proprietorships. For the purposes of this subsection, it shall be understood that the character of construction companies are those that, directly or through third parties, perform the aforementioned works for the purpose of obtaining a profit with its execution or with the subsequent sale, total or partial, of the property.

e) Provide taxed services.

f) They are landlords, in the case of taxed locations.

g) Be borrowers in the cases provided for in paragraph d) of article 1. (Subparagraph incorporated by paragraph c), art. 1º, Title I of Law N ° 25,063 BO 30/12/1998. Validity: from the day following its publication in the Official Gazette (12/31/1998). It will be effective for the present case from 01/01/1999.)

h) Are tenants, borrowers, representatives or intermediaries of individuals from abroad who perform leases or services taxed in the country, in their capacity as substitute managers. (Subparagraph incorporated by Article 8 pt 1 of Law N ° 27.346 BO 27/12/2016 Effective: from its publication in the Official Gazette and will take effect for the taxable events that are perfected from the first day of the month following its publication in the Official Gazette).

i) are borrowers in the cases provided for in paragraph e) of Article 1. ( Subsection incorporated by Article 89 of Law N ° 27,430 BO 29/12/2017 Effective: the day following its publication in the Official Gazette and will take effect in accordance with the provisions of each of the Securities that comprise it. See Article 97 of the Reference Law)

Are included in the provisions of this article who, covering the quality of transitory unions of companies, groups of business collaboration, consortiums, associations without legal existence as legal persons, non-corporate groupings or any other individual or collective entity, are included in any of the situations provided in the previous paragraph. The EXECUTIVE POWER will regulate the non inclusion in this disposition of the professional works carried out occasionally in common and similar situations that exist in the matter of services provision.

Acquired the taxpayer character of the tax in the cases of subsections a), b), d), e) and f), all the sales of movable things related to the activity determining their status as such, will be subject to the tax. disregard of the nature of the same for the activity and the proportion of its effect on the taxed operations when they are carried out simultaneously with other exempt or non-taxed, including facilities that being susceptible to have their own individual have been transformed into real estate by accession at the time of its disposal.

The status of taxpayers who have been declared bankrupt or civil insolvency will be maintained, by virtue of being deemed to have met the requirements of the preceding paragraphs, in relation to sales and judicial auctions and other taxable events that are made or generated on occasion or on the occasion of the respective processes. This is without prejudice to the provisions of subsection c) of article 16 and subsection b) of article 18 of Act No. 11,683, text ordered in 1978 and its amendments.

(Last paragraph repealed by Article 1, paragraph a), point 1 of Law No. 25,865 BO 19/1/2004 . Validity: from the day of its publication in the Official Gazette. The provisions contained in Title I of the reference standard shall take effect as of the date established by the national Executive Power, which may not exceed one hundred and eighty (180) days counted from the date of official publication.)

ARTICLE ....- Substitute responsible for the purposes of this law, for the leases and / or taxable benefits, residents or domiciled in the country that are tenants and / or borrowers of resident or domiciled subjects abroad and who perform such operations as intermediaries or on behalf of said subjects from abroad, provided that they are carried out in their own name, regardless of the form of payment and the fact that the subject abroad receives payment for said operations in the country or abroad.

They are included among the aforementioned substitute responsible:

a) The national, provincial and municipal States, and the Government of the Autonomous City of Buenos Aires, its autarkic and decentralized entities.

b) The subjects included in subparagraphs d), f), g) and m) of article 20 of the Income Tax Law, text ordered in 1997 and its amendments.

c) The administrators, agents, agents and other intermediaries of any nature.

The substitute managers must determine and deposit the tax that falls on the operation, for which purpose they must register with the Federal Administration of Public Revenues, an autarchic entity within the scope of the Ministry of Finance and Public Finance, in the cases, forms and conditions that said organism establish. The National Executive Power may decide in which cases it is not appropriate to assume the aforementioned condition.

In the cases in which it is impossible to retain, the income of the lien will be the responsibility of the substitute manager.

The tax paid in accordance with the provisions of this article will have, for the substitute responsible, the nature of the tax credit enabling its calculation in accordance with the provisions of articles 12, 13 and the first paragraph of article 24, if applicable.

The Executive Power is empowered to set forth the regulatory standards it deems pertinent, in order to establish the manner in which the national, provincial, municipal or the Government of the Autonomous City of Buenos Aires, liquidate and enter the tax, in the nature of substitute responsible.

(Article s / n ° incorporated after the article 4, by article 8 pt 2 of Law N ° 27.346 BO 27/12/2016 Effective: from its publication in the Official Gazette and will take effect for taxable events that are perfected as of the first day of the month following its publication in the Official Gazette).

BIRTH OF THE IMPOSSIBLE FACT

ARTICLE 5 - The taxable event is perfected:

a) in the case of sales -even for registrable goods-, at the time of delivery of the goods, issuance of the respective invoice, or equivalent act, whichever is earlier, except in the following cases:

1) that is the provision of water, except as provided in the following point, electricity or gas regulated by meter, in which case the taxable event will be perfected at the time when the deadline of the set for the payment of the price or in the total or partial payment, whichever is earlier.

2) that it is the provision of water regulated by a meter to final consumers, in homes destined exclusively for housing, in which case the taxable event will be perfected at the moment in which the total or partial perception of the price takes place.

(First paragraph of subsection a) replaced by inc. c.1), art. 1º, Title I of Law N ° 25,063 BO 30/12/1998. Validity: from the day following its publication in the Official Gazette (12/31/1998). It will be effective for the present case from 01/01/1999.)

In cases where the commercialization of primary products from agriculture and livestock; poultry farming; fish farming and beekeeping, including obtaining fresh eggs, natural honey and virgin beeswax; forestry and timber extraction; hunting and fishing and extractive activities of minerals and crude oil and gas, is carried out through operations in which the fixing of the price takes place after the delivery of the product, the taxable event will be perfected at the time when the determination is made of said price.

When the primary products indicated in the previous paragraph are sold through exchange operations for other goods, leases or taxed services, which are received prior to the delivery of the first, the taxable events corresponding to both parties will be perfected at the time when such delivery occurs. The same criterion will be applied when the remuneration paid by the primary producer consists of kilaje of meat.

In the case of goods of own production incorporated through exempt or unencumbered leases and services, the delivery of the goods will be considered configured at the time of their incorporation.

b) In the case of provision of services and locations of works and services, at the time when the execution or performance ends or in the total or partial perception of the price, which was earlier, except

1. That the same be made on goods, in which case the taxable event will be perfected at the time of delivery of such goods or equivalent act, the latter being configured with the mere issuance of the invoice.

2. that they are sewage services, drainage or provision of running water, regulated by rates or rates fixed regardless of their effective provision or intensity of the same, in which case the taxable event will be perfected, if it were of benefits made to final consumers, in homes exclusively destined for housing, at the moment in which the total or partial payment of the price takes place and if they were benefits to other subjects or domiciles, at the moment in which the expiration of the fixed term for its payment or in the one of its total or partial perception, the previous one. (Point replaced by subsection c.2), art. 1º, Title I of Law N ° 25,063 BO 30/12/1998. Validity: from the day following its publication in the Official Gazette (12/31/1998). It will be effective for the present case from 01/01/1999.)

3. that they are telecommunication services regulated by rates or tariffs fixed independently of their effective provision or of the intensity of the same or in terms of pre-established units of measurement, in which case the taxable event will be perfected at the moment in which the expiration of the term fixed for its payment or that of its total or partial collection, whichever is earlier. ( Point replaced by subsection c.2), art. 1º, Title I of Law N ° 25,063 BO 30/12/1998. Validity: from the day following its publication in the Official Gazette (12/31/1998). It will be effective for the present case from 01/01/1999.)

4. That they are cases in which the consideration must be set judicially or must be received through forensic funds, or professional associations or councils, in which case the taxable event will be perfected with the total or partial collection of the price, or the moment in which the provider or landlord has issued an invoice, whichever is earlier.

5. Those included in subsection c).

6. That it is insurance or reinsurance operations, in which case the taxable event will be perfected with the issuance of the policy or, if applicable, the subscription of the respective contract. In non-proportional reinsurance contracts, with the subscription of the contract and with each of the premium adjustments that are subsequently accrued. In proportional reinsurance contracts, the taxable event will be perfected in each of the assignments reported by insurers to the reinsurer.

7. In the case of placements or financial benefits, in which case the taxable event will be perfected at the moment of the expiration of the term established for the payment of its performance or in the total or partial payment, whichever previous.

8. That they are real estate properties, in which case the taxable event will be perfected at the moment of the expiration of the terms established for the payment of the lease or in the total or partial payment, whichever previous.

When, as a consequence of the non-payment of the lease payments, legal actions have been initiated to collect them, the taxable events of the unpaid periods subsequent to said action will be perfected with the total or partial payment of the agreed price at the location.

(Point incorporated by paragraph a), art. 1st of Decree N ° 615/2001 BO 14/05/2001. Validity: will take effect for the taxable events that are perfected as of May 1, 2001, inclusive.)

c) In the case of works on real estate of third parties, at the time of the acceptance of the work certificate, partial or total, or in the total or partial perception of the price or in that of the billing, which was earlier.

d) In the cases of lease of things and leases of circuits or telecommunications systems, at the time of accruing the payment or in the one of its perception, which was earlier. The same criterion is applicable with respect to the locations, services and benefits included in section 21 of subsection e) of article 3 that give rise to considerations that must be calculated according to amounts or units of sales, production, exploitation or similar indexes, when they originate periodic payments that correspond to the periods in which the total duration of use or enjoyment of the movable thing is divided. (Expression "excluding cable television services" deleted by subsection c.3), art. 1º, Title I of Law N ° 25,063 BO 30/12/1998. Validity: from the day following its publication in the Official Gazette (12/31/1998). It will be effective for the present case from 01/01/1999.)

e) In the case of works carried out directly or through third parties on own property, at the time of the transfer for consideration of the property, it being understood that this takes place when the deed of transfer of ownership is extended or when the possession is delivered, if this act out earlier In the case of judicial sales by public auction, the transfer shall be deemed to have been made at the moment in which the order approving the auction becomes final.

The foregoing shall not apply when the transfer originates in an expropriation, in which case the taxable event referred to in subsection b) of article 3 shall not be configured.

When the economic reality indicates that the operations of lease of real estate with option to purchase configure from the moment of its conclusion the sale of the works referred to in this subsection, the taxable event will be considered perfected at the moment in which the possession is granted of the property, being understood, for the purposes provided in article 10, that the price of the location integrates that of the transfer of the property.

f) In the case of imports, at the moment when it is final.

g) In the case of lease of personal property with option to purchase, at the time of delivery of the property or equivalent act, when the location is referred to:

1. Movable property of durable use, intended for final consumers or to be used in exempt or unencumbered activities.

2. Operations not included in the preceding paragraph, provided that their term does not exceed one third of the useful life of the respective asset.

In the event of not meeting the requirements established in the preceding paragraphs, the provisions of paragraph d) of this article shall apply.

h) In the case of the benefits referred to in subparagraph d), of article 1, at the moment in which the benefit ends or in the total or partial payment of the price, whichever is earlier, except that deal with placements or financial benefits, in which case the taxable event will be perfected in accordance with the provisions of point 7, subsection b), of this article (subparagraph included by subsection d), art. 1º, Title I of Law N ° 25,063 BO 30/12/1998. Validity: from the day following its publication in the Official Gazette (12/31/1998). It will be effective for the present case from 01/01/1999.)

i) In the case of the provision of digital services included in subparagraph e) of article 1, at the moment in which the service is terminated or in the total or partial payment of the price by the borrower, whichever is earlier , must be entered in accordance with the provisions of the article without added number following article 27 of this law. ( Subsection incorporated by Article 90 of Law N ° 27,430 BO 29/12/2017 Effective: the day following its publication in the Official Gazette and will take effect in accordance with the provisions of each of the Securities that comprise it. See Article 97 of the Reference Law)

Notwithstanding the provisions of the preceding paragraphs, when signs or advances that freeze prices are received, the taxable event will be refined, with respect to the amount received, at the moment in which such signs or advances are made effective.

ARTICLE 6 - In the cases foreseen in subparagraph a) and in section 1 of subsection b) of the previous article, they will be considered as equivalent acts to the delivery of the good or issue of the respective invoice, to the situations foreseen in the 1st sections , 3rd, 4th and 5th of Article 463 of the Commercial Code.

In all the cases included in the rules of article 5 mentioned in the previous paragraph, the taxable event will be perfected as long as the effective existence of the assets exists and these have been made available to the buyer.

TITLE II

EXEMPTIONS

ARTICLE 7 - The sales established, the locations indicated in clause c) of article 3 and the definitive imports that have as their object the movable things included in this article and the locations and services included in the article will be exempt from the tax established by this law. same, which are indicated below:

a) Books, brochures and similar printed matter, including in fascicles or loose sheets, which constitute a complete work or part of a work, and newspapers, magazines and periodicals, as well as subscriptions of digital journalistic editions of information online, throughout the chain of marketing and distribution, in all cases, whatever the support or medium used for its dissemination, except the distribution, classification, distribution and / or return services of newspapers, magazines and periodicals that are provided to subjects whose activity be the editorial production. (Paragraph replaced by Article 90 of Law N ° 27.467 BO 4/12/2018 Effective: will take effect with respect to the taxable events that are perfected as of January 1, 2019, by Article 94 of the same law )

The exemption provided for in this subsection does not include the encumbered assets that are marketed jointly or in addition to the exempt goods, as long as they have a differentiated sale price and do not constitute an element without which the latter could not be used. It will be understood that the referred goods have a differentiated price, when they have their own marketing value, even when it integrates the price of the goods they complement, increasing the usual negotiation amounts of the same.

(Subparagraph substituted by paragraph a), art. 1 ° of Decree No. 1008/2001 BO 14/08/2001. Validity: from the day of its publication in the Official Bulletin. It will take effect from the first day of the month following that of that publication, including -01 / 09 / 2001-.)

b) Seals of mail, fiscal and analogous stamps, without obliterating, of legal course or destined to have legal course in the country of destination; stamped paper, bank notes, stock or bond securities and other similar securities, excluding check books and the like.

The exemption established in this subsection does not apply to shares or bonds and other similar securities that are not valid and signed.

(Subparagraph substituted by paragraph a), art. 2nd, Title II of Law No. 25,239 BO 12/31/1999. Validity: from the first day of the month immediately following the entry into force of the aforementioned law -01 / 01 / 2000-.)

c) Seals and quotation or capitalization policies, tickets for draws or betting games (official or authorized) and stamps of public good organizations of the type used to obtain funds or advertise, tickets for theatrical performances included in the article 7, subsection h), section 10, placed in circulation by the respective issuing entity or service provider. (Subparagraph substituted by paragraph b), art. 1 of Decree No. 496/2001 BO 02/05/2001. Validity: from its publication in the Official Gazette. It will be effective for taxable events that are perfected as of May 1, 2001, inclusive.)

d) Coin gold, or in bars of good delivery of 999/1000 of purity, which commercialize the official entities or banks authorized to operate.

e) Metal coins (including those of precious materials), which have legal tender in the country of issue or official listing.

f) Ordinary natural water, fluid or powdered milk, whole or skimmed without additives, when the buyer is a final consumer, the national State, the provinces, municipalities or the Autonomous City of Buenos Aires or centralized or decentralized bodies of its dependency, school or university canteens, social works or entities included in subparagraphs e), f), g) and m) of article 20 of the Income Tax Law, text ordered in 1997 and its amendments, and medicinal specialties for human use in the case of resale by drugstores, pharmacies or other establishments authorized by the competent body, as long as these specialties have been taxed at the first sale made in the country by the importer, manufacturer or the respective tenants in the case of manufacturing to order. (Subparagraph substituted by Article 1 of Law N ° 26,151 BO 25/10/2006 Effective: from the first day of the month following its publication in the Official Gazette of the Nation.)

g) Aircraft designed for the transport of passengers and / or cargo destined to these activities, as well as those used in defense and security, in the latter case including their parts and components.

Vessels and naval artifacts, including their parts and components, when the purchaser is the national State or centralized or decentralized agencies of its dependence.

(Subparagraph substituted by subsection e.1), art. 1º, Title I of Law N ° 25,063 BO 30/12/1998. Validity: from the day following its publication in the Official Gazette (12/31/1998). It will be effective for the present case from 01/01/1999.)

h) The benefits and locations included in section 21 of subsection e) of article 3, which are indicated below:

1) Those carried out by the national State, the provinces, the municipalities and the Government of the Autonomous City of Buenos Aires and by institutions belonging to them or integrated by two or more of them, excluding the entities and organizations referred to in Article 1 of Law No. 22,016, understood as included in this exemption to financial trusts constituted in the terms of Law No. 24,441, created by articles 3 and 9 of Law No. 25,300. (Paragraph substituted by Article 1 of Law N ° 26,112 BO 6/7/2006 Effective: see Article 2 of Law N ° 26,112 )

The organizations that sell goods or provide services to third parties for consideration, which are generally referred to in Article 1 of Law No. 22,016 in their final part, when they are found in any of the foregoing, are not included in the foregoing exclusion. of the situations contemplated in subparagraphs a) and b) of Decree No. 145 of January 29, 1981, regardless of whether or not they pursue profit with all or part of their activities, as well as the benefits and locations related to the exploitation of lotteries and other games of chance or that give rise to tax considerations, made by those organizations, even if they do not fit into the situations provided for in the aforementioned paragraphs.

2) (Point repealed by subsection e.3), art. 1º, Title I of Law N ° 25,063 BO 30/12/1998. Validity: from the day following its publication in the Official Gazette (12/31/1998). It will be effective for the present case from 01/01/1999.)

3) The services provided by private educational establishments incorporated into official education plans and recognized as such by the respective jurisdictions, referred to teaching at all levels and degrees contemplated in said plans, and postgraduate courses for graduates of secondary levels, tertiary or university, as well as those of lodging and transport accessories to the previous ones, provided directly by said establishments with their own or others' means.

The exemption provided in this point, also includes: a) the classes given in a particular capacity on subjects included in the aforementioned official education plans and whose development responds to them, taught outside the educational establishments referred to in the previous paragraph and with independence of these and, b) to nurseries and mother-child gardens.

4) Teaching services provided to disabled persons by private establishments recognized by the respective jurisdictions for the purpose of exercising said activity, as well as those of accommodation and transportation that are complementary to the foregoing provided directly by them, with their own or other means.

5) Services related to worship or whose purpose is the promotion thereof, provided by religious institutions included in subsection e) of article 20 of the Income Tax Law, text ordered in 1986 and its amendments.

6) The services provided by the social works created or recognized by national or provincial legal norms, by institutions, entities and associations included in subsections f), g) and m) of article 20 of the Income Tax Law, ordered text in 1986 and its modifications, by non-profit and legally recognized political institutions, and by professional colleges and councils, when such services are directly related to their specific purposes. (Subparagraph substituted by point e), art. 1 of Decree No. 493/2001 BO 30/04/2001. Validity: from its publication in the Official Gazette. It will be effective for taxable events that are perfected as of May 1, 2001, inclusive.)

7) Health care, medical and paramedical services: a) hospitalization in clinics, sanatoriums and similar establishments; b) the accessory benefits of hospitalization; c) the services provided by physicians in all their specialties; d) the services provided by biochemists, dentists, physiotherapists, physiotherapists, psychologists, etc .; e) those provided by auxiliary technicians of medicine; f) all other services related to assistance, including transporting the wounded and sick in ambulances or special vehicles.

The exemption is limited exclusively to the amounts that must be paid to the lenders by professional colleges and councils, social security funds for professionals and social works, created or recognized by national or provincial legal norms, as well as any direct payment made by coinsurance or in case of lack of services should be made by the beneficiaries. (Paragraph substituted by paragraph 1, section 1 of Law No. 25.405 BO 06/04/2001 Effective: from the date of its publication in the Official Gazette, it will take effect from the effective date of Law Nº 25,063 .)

The exemption provided above will not apply to the extent that the beneficiaries of the benefit are not enrolled or affiliated directly or members of their family groups -in the case of services organized by professional colleges and boards and social security funds for professionals - or are voluntary adherents to social works, subject to a regime similar to the systems of prepaid medicine, in which case the treatment provided for the latter will apply. (Paragraph substituted by paragraph 1, section 1 of Law No. 25.405 BO 06/04/2001 Effective: from the date of its publication in the Official Gazette, it will take effect from the effective date of Law Nº 25,063 .)

The benefits provided or contracted by cooperatives, mutual entities and systems of prepaid medicine, when they correspond to services derived from social works, shall enjoy the same exemption.

(Last paragraph replaced by last and last paragraphs by paragraph e.4), art. 1º, Title I of Law N ° 25,063 BO 30/12/1998. Validity: from the day following its publication in the Official Gazette (12/31/1998). It will be effective for the present case from 01/01/1999.)

8) Funeral, burial and cemetery services paid by solidarity fees that cooperatives make.

9) (Point repealed by subsection c), art.2º, Title II of Law No. 25,239 BO 12/31/1999. Validity: from the first day of the month immediately following the entry into force of the aforementioned law -01 / 01 / 2000-.)

10) Theatrical shows included in Law No. 24,800 and the consideration required for admission to concerts or musical recitals when it corresponds exclusively to access to said event. (Point replaced by Article 1 of Law N ° 26,115 BO 19/7/2006).

11) The spectacles of amateur sports character, under the conditions established by the regulations in this respect, for the income that constitutes the consideration required for access to said shows. (Section incorporated by Article 1 of Decree No. 845/2001 BO 25/6/2001 Effective: from the date of its publication in the Official Gazette, it will take effect for the taxable events that are perfected as of the 1st of May 2001, inclusive, when it comes to benefits performed between May 1, 2001 and the date of entry into force of this decree, in which, by application of the provisions of Decree No. 493 of April 27, 2001 if the tax had been transferred and its restitution was not credited, the exemption will have effect for the taxable facts that are perfected as of the date of publication in the Official Gazette of this decree.)

12) The services of taximeters and remises with driver, made in the country, provided that the route does not exceed one hundred kilometers (100 km.).

The exemption provided in this point also includes baggage handling services conducted by the traveler himself and whose transportation is included in the price of the ticket.

(Item 12 replaced by Article 5 of Decree No. 802/2001 BO 19/6/2001, Effective: it will take effect for taxable events that are perfected as of July 1, 2001, inclusive.)

13) The international transport of passengers and cargo, including those of border crossing for water, which will have the treatment of article 43.

14) The bareboat locations (with or without purchase option) and the time charter or trip for vessels destined for international transport, when the owner is an Argentine shipowner and the tenant is a foreign company domiciled abroad, operations that will have the treatment of article 43.

15) The intermediation services provided by lottery agencies, prode and other games of chance exploited by the national, provincial and municipal treasuries or by institutions belonging to them, as a result of their participation in the sale of tickets and the like that they agree right to intervene in said games.

16) The placements and financial benefits indicated below:

1. Deposits in cash in domestic or foreign currency in its various forms, made in institutions governed by Law No. 21,526, loans made between these institutions and other operations related to the benefits included in this point.

2. (Section repealed by subsection e), art. 2nd, Title II of Law No. 25,239 BO 12/31/1999. Validity: from the first day of the month immediately following the entry into force of the aforementioned law -01 / 01 / 2000-.)

3. The passive interest corresponding to savings and loan regimes; savings and capitalization; of private retirement insurance plans administered by entities subject to the control of the National Insurance Superintendence; of pension and retirement plans and funds of the mutuals registered and authorized by the National Institute of Cooperative and Mutual Action and of companies managing retirement and pension funds and the amounts corresponding to the administrative management related to the operations included in this section.

4. The interest paid to its members by cooperatives and mutuals, legally constituted.

5. Interest arising from loan operations performed by the companies to their employees or the latter to those carried out under conditions different from those that may be agreed between independent parties, taking into account normal market practices.

6. The interests of the negotiable obligations placed by public offer that have the respective authorization of the National Securities Commission, governed by Law No. 23,576.

7. The interests of preferred shares and securities, bonds and other securities issued or to be issued in the future by the Nation, provinces and municipalities.

8. The interest on housing loans granted by the NATIONAL HOUSING FUND and those corresponding to loans for the purchase, construction or improvement of dwellings destined to a dwelling, in the latter case, whatever the condition of the subject granting it.

9. The interests of loans or banking and financial operations in general when the taker is the NATIONAL STATE, the Provinces, the Municipalities or the AUTONOMOUS CITY OF BUENOS AIRES. (Subparagraph substituted by paragraph b), art. 1 ° of Decree No. 1008/2001 BO 14/08/2001. Validity: from the day of its publication in the Official Bulletin. It will take effect from the first day of the month following that of that publication, inclusive.)

10. The interests of the microcredit operations contemplated in the Law for the Promotion of Microcredit for the Development of the Social Economy. (Section incorporated by Article 22 of Law No. 26,117 BO 21/7/2006).

17) Personal domestic services.

18) The benefits inherent to the positions of director, trustees and members of supervisory boards of corporations and equivalent positions of administrators and members of boards of directors of other societies, associations and foundations and cooperatives.

The exemption provided in the previous paragraph will be valid provided that the effective provision of services is proven and there is a reasonable relationship between the fee and the task performed, to the extent that it responds to the objectives of the entity and is compatible with the practices and uses of the market.

(Point replaced by paragraph f), art. 2nd, Title II of Law No. 25,239 BO 12/31/1999. Validity: from the first day of the month immediately following the entry into force of the aforementioned law -01 / 01 / 2000-.)

19) The personal services provided by its members to worker cooperatives.

20) Those carried out by scholars who do not originate from their performance a consideration other than the scholarship assigned.

21) All personal benefits of theater workers included in article 3 of Law No. 24,800. (Section incorporated by paragraph d), art. 1 of Decree No. 496/2001 BO 02/05/2001. Validity: from its publication in the Official Gazette. It will be effective for taxable events that are perfected as of May 1, 2001, inclusive.)

22) The lease of real estate exclusively for the habitation of the tenant and his family, of rural properties affected by agricultural activities and real estate whose tenants are the NATIONAL STATE, the Provinces, the Municipalities or the AUTONOMOUS CITY OF BUENOS AIRES, their respective departments and centralized or decentralized entities, excluding entities and organizations included in article 1 of Law N ° 22,016.

The exemption provided in this point will also apply to the remaining locations -except those included in point 18., of paragraph e), of article 3 -, when the value of the rent, per unit and tenant, does not exceed the amount that in this regard establish the regulation.

(Point replaced by paragraph a), art. 1 ° of Decree No. 733/2001 BO 05/06/2001. Validity: from the day of its publication in the Official Bulletin. It will take effect for the taxable facts perfected as of May 1, 2001, inclusive, except for those cases in which the tax has been transferred, its restitution will not be credited to the respective acquirers or lessees, in which case it will take effect from of the aforementioned entry into force.)

23) The granting of concessions.

24) Funeral services. The exemption is limited exclusively to the amounts that must be paid to the providers, the social works created or recognized by national or provincial legal regulations.

25) The services provided by geriatric establishments. The exemption is limited exclusively to the amounts that must be paid to the providers, the social works created or recognized by national or provincial legal regulations.

26) The works of transformation, modification, repair, maintenance and conservation of aircraft, their parts and components, referred to in subsection g) and of vessels, provided that they are destined to the exclusive use of commercial activities or used in the defense and safety, as well as other aircraft intended for other activities, provided they are registered abroad, which will have, in all cases, the treatment of article 43. (Point replaced by section e.5), art. 1º, Title I of Law N ° 25,063 BO 30/12/1998. Validity: from the day following its publication in the Official Gazette (12/31/1998). It will be effective for the present case from 01/01/1999.)

27) The sound broadcasting stations provided by Law 22,285 that, according to the technical parameters set by the application authority, have authorized emissions with a maximum power of up to 5 KW. Also included in the exemption are those sound broadcasting stations that are covered by Resolution 1805/64 of the Ministry of Communications. (Point incorporated by paragraph e.5 bis), art. 1º, Title I of Law N ° 25,063 BO 30/12/1998. Validity: from the day following its publication in the Official Gazette (12/31/1998). It will be effective for the present case from 01/01/1999.)

( Note : Incorporation observed by the Executive Branch by subsection b), art. 1º of the Decree N ° 1.517 / 98 BO 30/12/1998. Subsequent insistence of the sanction by the Chamber of Deputies and Senators, PE - 242/99 BO 02/08/1999.)

In the case of the locations indicated in clause c) of article 3, the exemption only reaches those in which the obligation of the landlord is the delivery of a movable property included in the previous paragraph.

The exemption established in this article will not be appropriate when the subject responsible for the sale or lease, performs it jointly and complements with leased services, unless expressly provided otherwise.

28) The exploitation of congresses, fairs and exhibitions and the placement of spaces in them, when said benefits are contracted by subjects residing abroad and the income constitutes the consideration required for access to the events indicated by the participations that have the aforementioned territorial linkage.

The subjects of the value added tax included in the previous paragraph, may compute against the tax that ultimately owed for their taxed operations, the tax that for goods, services and locations would have been billed, according to the objects provided in this pulled apart.

If said compensation can not be made or only partially, the resulting balance will be credited against other taxes charged to the Federal Administration of Public Revenue or, failing that, it will be returned or its transfer in favor of third parties will be allowed. terms of the second paragraph of article 29 of Law No. 11,683, text ordered in 1998 and its amendments.

For the purposes of this section, those who qualify for income tax purposes shall be considered as residents abroad.

All exemptions provided above, will only be appropriate when said events have been declared of national interest, and there is adequate reciprocity in the tax treatment dispensed by the countries of origin of the exhibitors to their counterparts located in the Argentine Republic.

(Section 28 replaced by article 1 of Law N ° 26,079 BO 12/1/2006 Effective: from the day of its publication in the Official Gazette).

29) Access and / or download of digital books. ( Section incorporated by Article 91 of Law N ° 27.430 BO 29/12/2017 Effective: the day following its publication in the Official Gazette and will take effect in accordance with the provisions of each of the Securities that comprise it. See Article 97 of the Reference Law)

ARTICLE ... - Regarding health care, medical and paramedical services and shows and meetings of artistic, scientific, cultural, theatrical, musical, singing, dance, circus, sports and cinematographic -except for shows included in point 10 of subparagraph h) of the first paragraph of article 7 and for the services provided by the social works created or recognized by national or provincial legal regulations to its compulsory members and by professional colleges and councils and pension funds for professionals, their enrollees, direct affiliates and family groups-, the exemptions provided for in point 6, subsection h) of the first paragraph of article 7, or those provided by other national laws -general, special or statutes-, decrees or any other norm of inferior hierarchy, that includes taxively or generically to the tax of this l ey, except those granted under economic promotion regimes, both sectoral and regional, and to pension and pension fund managers and labor risk insurers. (Expression "... theatrical ..." repealed by Article 2 of Law N ° 26,115 BO 19/7/2006).

They will have the planned treatment for the systems of prepaid medicine, the fees of associations or entities of any type whose benefits include medical and / or paramedical services in the proportion attributable to said services.

Without prejudice to the provisions of the first paragraph of this article, in no case shall the generic tax exemptions be applicable to the tax of this law, insofar as they do not include it exhaustively. (Paragraph incorporated by Article 1 of Law N ° 25.920 BO 9/9/2004 Effective: from the day of its publication in the Official Gazette).

The limitation established in the previous paragraph shall not apply when the exemption referred to any national tax is foreseen in laws in force on the date of entry into force of the law incorporating said paragraph, including that provided by article 3 °, paragraph d) of Law 16,656, which was incorporated as subsection s) of article 19 of Law 11,682 (to in 1972 and its amendments). (Paragraph incorporated by Article 1 of Law N ° 25.920 BO 9/9/2004 Effective: from the day of its publication in the Official Gazette).

(Article without number incorporated after Article 7, replaced by paragraph d), art. 1 of Decree No. 615/2001 BO 14/05/2001. Validity: will take effect for the taxable events that are perfected as of May 1, 2001, inclusive.)

SECTION 8 - The following are exempt from the tax of this law:

a) Definitive imports of merchandise and effects for personal and household use made with exemptions in terms of import duties, subject to the special regimes related to: baggage clearance and passenger travel incidents; disabled people; immigrants; Argentine scientists and technicians, personnel of the Nation's foreign service; diplomatic representatives accredited in the country and any other person to whom this special treatment has been granted.

b) The final imports of merchandise, made with franchises in terms of import duties, by religious institutions and by those included in paragraph f) of article 20 of the Income Tax Law, text ordered in 1986 and its amendments , whose main objective is:

1. The realization of non-profit welfare medical assistance work, including care and protection activities for children, old age, disability and disability.

2. Scientific and technological research, even if it is intended for academic or teaching activity, and have a qualification certification regarding research programs, researchers and support staff participating in the corresponding programs, extended by the SECRETARIAT OF SCIENCE AND TECHNOLOGY under the MINISTRY OF CULTURE AND EDUCATION.

c) Definitive imports of samples and parcels exempted from the payment of import duties.

d) Exports.

e) Imports of goods donated to the national State, provinces or municipalities, their respective departments and centralized and decentralized entities.

f) The benefits referred to in subparagraph d), of article 1, when the borrower is the national State, the provinces, the municipalities or the Autonomous City of Buenos Aires, their respective departments and centralized or decentralized entities. (Subparagraph incorporated by subsection f), art. 1º, Title I of Law N ° 25,063 BO 30/12/1998. Validity: from the day following its publication in the Official Gazette (12/31/1998). It will be effective for the present case from 01/01/1999.)

Failure to comply with the requirements and obligations established in the regimes referred to in subparagraphs a), b) and c), will give rise to the rebirth of the obligation of those responsible to make the corresponding tax payment at the time of that the breach is verified.

ARTICLE 9 - When the sale, the definitive importation, the lease or the rendering of services, have enjoyed preferential treatment due to an expressly determined destination and, subsequently, the acquirer, importer or tenant of the same will be changed, born for said acquirer, importer or lessee, the obligation to enter within TEN (10) business days of the change, the sum that arises from applying the amount of the purchase, importation or location -without any deduction- the aliquot to that the operation would have been subject in its opportunity if the aforementioned treatment had not existed.

In the cases in which the latter consisted of a rate reduction, the aliquot to be used will be the one that results from detracting from the one that would have corresponded, in the absence of the affectation to a specific destination, that used for the same reason.

The resale that is effected respecting the one that gave rise to the preferential treatment will not be considered as a change of destination. In these cases the new purchaser will assume the same obligations and responsibilities as the one or the previous ones.

The income foreseen by this article will be computable in the liquidations of the inscribed managers to the extent authorized by the rules governing the tax credit. If not, the sums to be entered must be updated by applying the wholesale price index, general level, referring to the month in which the purchase, import or location was made, according to what the table prepared by the ADDRESS indicates. GENERAL TAX for the month immediately prior to the month in which the deposit must be made.

TITLE III

SETTLEMENT

TAXABLE BASE

ARTICLE 10. - The net price of the sale, of the lease or of the rendering of services, will be that which results from the invoice or equivalent document extended by those bound to the income of the tax, net of discounts and similar made in accordance with the customs of plaza. In case of subsequent discounts, these will be considered as provided in article 12. When there is no invoice or equivalent document, or they do not express the current value in place, it will be presumed that this is the computable value, unless proven otherwise.

In the case of the locations referred to in article 5, in points 1 and 2 of the first paragraph of subsection g), the net sale price will be given by the total value of the location.

In the cases included in article 2, subsection b), and similar, the computable price shall be that fixed for normal operations carried out by the person responsible or, failing that, the current value of the place.

When primary products are sold through exchange operations for other goods, leases or taxed services, which are received prior to the delivery of the first, the net price computable by each intervening party will be determined considering the value of the aforementioned primary products. for the day in which they are delivered, in force in the market in which the producer usually carries out its operations.

They are part of the taxed net price -even if they are invoiced or agreed separately- and even when considered independently they are not subject to the tax:

1) The services provided in conjunction with the taxed transaction or as a consequence thereof, referring to transportation, cleaning, packaging, insurance, warranty, placement, maintenance and the like.

2) Interest, updates, commissions, recoveries of expenses and similar ones received or accrued due to deferred or late payments.

Excluded from the provisions above, the aforementioned concepts arising from debts resulting from the Laws Nros. 13,064, 21,391, 21,392 and 21,667 and Decree No. 1652 of September 18, 1986 and their respective amendments, and similar ones arising from provincial laws or municipal ordinances issued with equal scope.

3) The price attributable to the goods that are incorporated in the taxable benefits of article 3.

4) The price attributable to the transfer, assignment or concession of the use of intellectual, industrial or commercial property rights that are an integral part of the services or locations included in section 21 of subsection e) of article 3. When according to the contractual stipulations, said price must be calculated according to amounts or units of sale, production, exploitation and other similar indexes, the same, or the pertinent part thereof, must be considered in the fiscal period or periods in which it is accrued the payment or payments or in the one or those in which its perception occurs, if it were or were earlier.

In the case of works carried out directly or through third parties on own property, the net computable price shall be the proportion that, if agreed upon by the parties, corresponds to the work subject to the tax. Said proportion may not be less than the amount that is attributable to it, according to the corresponding fiscal assessment or, failing that, that which results from applying to the total price the proportion of the respective costs determined in accordance with the provisions of the Law of Income Tax, text ordered in 1986 and its modifications.

In the case contemplated in the preceding paragraph, if the sale is made with deferred payment and interest, updates or other income derived from such deferral are expressly agreed, they will not be included in the net price. However, if these concepts were referred to advances of the price whose payment should be made before the time in which, according to the provisions of subsection e) of article 5 must be considered perfected the taxable event, they will increase the agreed price to order to establish the computable net price.

In the case of transfer of properties not covered by the tax, which include the value attributable to assets whose disposal is taxed, including those which, being susceptible to have their own identity, have been transformed or constituted by accession at the time of transfer, the The computable net price shall be the proportion that, if agreed upon by the parties, corresponds to the assets subject to the tax. Said proportion may not be less than the amount resulting from applying to the total price of the operation the proportion of the respective costs determined in accordance with the provisions of the Income Tax Law, text ordered in 1986 and its amendments.

In the case of insurance or reinsurance operations, the tax base will be given by the total issue price of the policy or, if applicable, the subscription of the respective contract, net of the financial surcharges.

In the case of assignments or premium adjustments made after the subscription of proportional and non-proportional reinsurance contracts, respectively, the tax base will be the amount of such assignments or adjustments.

In no case shall the tax of this law integrate the net price referred to in this article.

FISCAL DEBIT

ARTICLE 11 - To the total amounts of the net prices of the sales, leases, works and services provided taxed referred to in article 10, attributable to the fiscal period that is settled, the aliquots fixed for the operations that give rise to the to the liquidation that is practiced.

The tax thus obtained will be added the one that results from applying to the returns, rescissions, discounts, discounts or discounts that, with respect to the net price, are achieved in said period, the rate at which the respective operations would have been subject at that time. . For these purposes it will be presumed, without admitting proof to the contrary, that the discounts, discounts and discounts operate proportionally to the net price and the invoiced tax.

Likewise, when transferred or disaffiliated from the activity that originates taxed operations acquired works to those responsible referred to in subparagraph d) of article 4, or made by the taxpayer, directly or through third parties on own property, which would have generated the fiscal credit provided for in article 12, must be added to the fiscal debit of the period in which the transfer or disaffiliation takes place, the credit appropriately computed, as such events take place before the expiration of TEN (10) years, counted from the date of completion of the works or their impact on the activity that determines the status of the taxpayer of the person in charge, if this is later.

For the purposes indicated in the preceding paragraph, the computed tax credit must be updated, applying the index mentioned in article 47 referred to the month in which said computation was made, in accordance with what is indicated in the table prepared by the GENERAL ADMINISTRATIVE DIRECTORATE for the month in which the transfer must be considered carried out in accordance with the provisions of paragraph e) of article 5, or the disaffiliation referred to in the preceding paragraph occurs.

FISCAL CREDIT

ARTICLE 12 - Of the tax determined by application of the provisions in the previous article, the responsible parties will subtract:

a) The tax that, in the fiscal period that is settled, had been billed for purchase or definitive importation of goods, leases or services -including that from investments in fixed assets- and up to the limit of the amount that arises to apply on the net total amounts of benefits, purchases or leases or, where appropriate, on the total taxable amount of definitive imports, the rate at which said operations would have been subject at the time.

Only definitive purchases or imports, leases and provision of services will be calculated when calculating the tax credit, insofar as they are linked to the taxed operations, whatever the stage of their application.

They will not be considered linked to the taxed operations:

1. Purchases, final imports and leases (including those derived from leasing contracts) of automobiles, to the extent that their cost of acquisition, import or place value, if they are from own production or leased (even through leasing contracts) , is greater than the sum of TWENTY THOUSAND PESOS ($ 20,000) -net amount of this law-, at the time of purchase, dispatch to place, rating or subscription of the respective contract, as it should be considered, in which case the tax credit to compute will not be able to surpass that which would correspond with respect to said value.

The limitation set forth in this point shall not apply when said assets have the character of exchange assets for the acquirer or constitute the main objective of the taxable activity (rent, taxis, remises, commercial travelers and the like).

(Point replaced by paragraph b), art. 1 ° of Decree No. 733/2001 BO 05/06/2001. Validity: from the day of its publication in the Official Bulletin. It will take effect for acquisitions, leases or imports and for expenses, made as of June 1, 2001, inclusive.)

2. (Point repealed by subsection c), art. 1 ° of Decree No. 733/2001 BO 05/06/2001. Validity: from the day of its publication in the Official Bulletin. It will take effect for acquisitions, leases or imports and for expenses, made as of June 1, 2001, inclusive.)

3. The locations and provision of services referred to in points 1, 2, 3, 12, 13, 15 and 16 of subsection e) of article 3.

4. Definitive purchases and imports of clothing other than work clothing and any other element related to the clothing and equipment of the worker for exclusive use in the workplace.

Purchasers, importers, tenants or borrowers who, as a result of what is established in the previous paragraph, can not compute tax credit in relation to the respective goods and operations will have the corresponding treatment to final consumers.

In no case shall the tax that has been paid to the purchasers in accordance with the provisions of Title V, be computed in any tax credit, except in the case contemplated in the second paragraph of article 32 of said Title.

b) The tax resulting from applying to the amounts of discounts, discounts, rebates, returns or rescissions that, with respect to net prices, are granted in the fiscal period for sales, leases and services and taxable works, the aliquot to which said operations would have been subject, provided that those are in accordance with the customs of the place, are invoiced and counted. For such purposes, the presumption established in the second paragraph "in fine" of the previous article applies.

In all cases, the computation of the tax credit will be appropriate when the purchase or final importation of goods, leases and services, taxed, have perfected, with respect to the seller, importer, landlord or service provider, the respective taxable events in accordance to the provisions of articles 5 and 6, except when said credit comes from the benefits referred to in subparagraph d), article 1, in which case its computation shall proceed in the fiscal period immediately following that in which it was perfected the taxable event that originates it.

(Last paragraph replaced by g), art. 1º, Title I of Law N ° 25,063 BO 30/12/1998. Validity: from the day following its publication in the Official Gazette (12/31/1999). It will be effective for the present case from 01/01/1999.)

( Note  : Investment Promotion Regime - By Article 4, Title II of Law No. 23,871, it was established: The computation of the tax credit corresponding to investments in fixed assets made as of 10/31/1990 shall be governed by the provisions of this article, the provisions of article 51 of this law are not applicable.)

ARTICLE 13 - When the purchases, final imports, leases and services that give rise to the tax credit, are used interchangeably to taxed operations and exempt or non-taxed operations and their appropriation to one or the other is not possible, the respective calculation will only proceed with respect to the proportion corresponding to the first ones, which must be estimated by the person in charge applying the rules of the previous article.

The estimates made during the fiscal year or calendar year - depending on whether the managers are annotated and practice trade balances or do not comply with those requirements, respectively - must be adjusted when determining the tax corresponding to the last month of the fiscal year or calendar year considered, taking into account for this purpose the amounts of the taxed and exempt and unencumbered transactions made during its course.

The difference arising from the adjustment provided in this article, as well as the amount of the operations of each one of the months of the commercial year or, as the case may be, the calendar year considered, will be updated by applying the index mentioned in article 47 referred, respectively, to the month in which the estimate was made and to each one of them, according to what is indicated in the table prepared by the GENERAL ADMINISTRATIVE DIRECTORATE for the month to which the determined difference should be imputed.

In cases where purchases, final imports, locations and benefits that grant a right to a tax credit, are partially destined by persons responsible for private uses and provided that this does not imply the withdrawal referred to in subparagraph b) of article 2 , those responsible must estimate the proportion of the credit that is not computable in function of said uses, adjusting that estimate in the opportunity indicated in the second paragraph, taking into account the actual affectation operated until that moment.

If the remaining proportion of the tax credit had been fully computed by reason of being linked to taxable transactions, the differences arising from the indicated adjustment will be subject to the treatment provided in the third paragraph. On the other hand, if only part of that proportion had been computed by linking to taxed operations and exempt or non-taxed operations, the results of that adjustment should be taken into account when performing the one that should be practiced in accordance with the provisions of the second paragraph.

ARTICLE 14 - Without prejudice to the application of the rules referred to the tax credit, provided in articles 12 and 13, when the payment of the respective price is not made within FIFTEEN (15) days after the date set forth in The last paragraph of the first of the aforementioned articles, its computation will only be appropriate in the fiscal period in which the respective payment obligation is implemented by means of the subscription of deferred payment checks, promissory notes, bills made, bills of exchange or mutual contracts or, in its defect, from ONE HUNDRED EIGHTY (180) days of the aforementioned date.

Grant to the NATIONAL EXECUTIVE POWER, to annul the previous limitation when reasons of economic nature so advise.

( Note  : See article 4 of Law No. 24,452 BO 2/3/1995 that incorporates article 12 bis to Law No. 23,349 , later repealed by article 11 subsection a) of Law No. 24,760 and incorporated in this Text Ordered as art. 14)

ARTICLE 15 - Those who were liable for the lien at the time that its effects would produce norms by which exemptions will be eliminated or new taxable acts will be established, will not be able to compute the tax that would have been invoiced to them as a consequence of taxable facts verified prior to the initiation of such effects, for goods involved in operations that would be taxed by virtue thereof.

ARTICLE 16 - Those who assume the status of liable for the lien by virtue of regulations that repeal exemptions or establish new taxable acts, may not compute the tax that would have been invoiced as a result of taxable events prior to the date on which they produced effects.

ARTICLE 17 - Those who were liable for the lien on the date on which their effects produced norms for which exemptions were provided or operations excluded from the scope of the lien, shall not reimburse the tax that for the goods in existence as of said date, they had computed in a timely manner. as credit.

HABITUALITY IN THE PURCHASE OF USED GOODS

TO FINAL CONSUMERS

ARTICLE 18 - Those responsible whose usual activity is the purchase of used goods to final consumers for their subsequent sale or that of their parts, may compute as a tax credit the amount that arises from applying to the total price of their acquisition, the coefficient that result of dividing the current aliquot at that moment by the sum of CIEN (100) plus said aliquot.

The aforementioned calculation will take place whenever the consumer subscribes a document that, for these cases, will replace the use of the invoice and in which the operation must be correctly identified, according to the requirements and formalities established by the GENERAL TAX ADDRESS.

In no case may the tax credit to be computed, in accordance with the provisions of this article, exceed the amount resulting from applying the aforementioned aliquot on the NINETY PERCENT (90%) of the net price at which the reseller makes the sale.

When, by application of the provisions of the previous paragraph, a surplus is determined in the appropriately computed tax credit, said difference shall include the fiscal debit of the month corresponding to the sale transaction that gave rise to it.

CEREAL MARKETS AT TERM

ARTICLE 19 - The markets of term cereals will be held by purchasers and sellers of the goods that are ultimately marketed as a consequence of the operations registered in them.

In both cases, for the application of the tax, the adjustment price taken as the basis for the calculation of the differences that must be settled with respect to the agreed price and the discounts, discounts or bonuses that are practiced, will be considered as computable value. or subtract, as appropriate, from the aforementioned adjustment price, in order to establish the net price of the operation.

(Third paragraph repealed by Article 1, paragraph a), point 2 of Law No. 25,865 BO 19/1/2004 . Validity: from the day of its publication in the Official Gazette. The provisions contained in Title I of the reference standard shall take effect as of the date established by the national Executive Power, which may not exceed one hundred and eighty (180) days counted from the date of official publication.)

In everything that does not contradict the provisions of this article, the remaining provisions of the law and its regulatory decree shall apply.

COMMISSIONERS OR CONSIGNEES

ARTICLE 20 - Those who sell in their own name goods of third parties-commissioners, consignees or others-will consider the sale value for such operations the invoiced to the buyers, being applicable for this purpose the provisions of article 10. The tax credit that as The corresponding purchasers shall be computed by applying the relevant aliquot on the net value paid to the principal, who shall be considered a seller for said amount, unless the latter was a non-enrolled party, in which case there will be no such credit.

For the calculation of the referred values, the tax of this law will not be considered.

They will be held by sellers of the goods delivered to their principal, who purchase goods in their own name on their behalf, considering the total value invoiced to the principal and the provisions of article 10 apply for this purpose. Your tax credit for the purchase shall be computed in accordance with the provisions of article 12.

In both cases, the other provisions related to the calculation of the tax credit that do not oppose the provisions of this article are applicable.

INTERMEDIARIES ACTING ON ACCOUNT AND ON BEHALF OF THIRD PARTIES

ARTICLE 21 - When intermediaries acting on behalf and on behalf of third parties, make on their own behalf reimbursable expenses for the latter that respond to taxed transactions and not benefited by exemptions, must include such expenses in the net price of the operation to which they are subject. Article 10 refers, billing in a discriminated manner the other reimbursable expenses that they had made. Likewise, in order to determine the tax in their charge, they will compute the tax credit that those transactions originate, in accordance with the provisions of article 12.

In the case envisaged in the preceding paragraph, the registered managers who entrusted the intermediation, will compute, in accordance with the provisions of the article mentioned last in said paragraph, the amount discriminated in the invoice or equivalent document as a tax of the present Law.

TOURISM SERVICES

ARTICLE 22 - When those responsible for providing tourism services provide users of such services, personal property provided abroad by companies or persons domiciled, resident or located abroad and / or benefits or locations made outside the national territory, must consider as net price of such operations the one determined in accordance with the provisions of article 10, less the net cost of the things, benefits and locations indicated above and the cost of the tickets abroad or, where appropriate, the fraction of the ticket that corresponds to the transport from the country to the foreigner, amount that will be globally discriminated in the invoice as "goods and services not computable for the determination of the value added tax".

When this discrimination is not carried out, the tax will be calculated on the total of the consideration, determined according to the provisions of the aforementioned article 10.

When the services include exempt ticket tickets - pursuant to article 7, subsection h), section 12 - the amount of such tickets will also be deductible from the tax base on the condition of their explicit discrimination in the bill that extends for such services.

SPECIAL REGIME

ARTICLE 23 - When the consideration for taxable events provided for in subsection a) of article 3 includes an exploitation concession, the tax base for the determination of the fiscal debit shall be the sum of income received by the concessionaire, either directly or through reason for the exploitation, being applicable the exclusions that the concept of taxed net price are instituted in this law.

In the case contemplated in this article, the birth of the taxable event will be configured at the moment of the respective perceptions and for the purposes of the liquidation of the tax, the resulting tax credit will also be computed from purchases, definitive imports, leases and provision of services, linked to exploitation, to the extent that such linkage is operated. Said computation will be subject to the provisions that govern the tax credit.

If the aforementioned income came from activities that are exempt or not covered by the tax, the fiscal debit resulting from the aforementioned special liquidation can not be transferred to the price of the goods or services derived from the operation, in which case such circumstance should be taken into account. the determination of costs, terms and other conditions inherent to granting the concession. When the exemption or non-subjection referred to in this paragraph has a partial scope, the treatment envisaged will be applicable to the extent that corresponds.

In the event that income from the operation constitutes other taxable events for the concessionaire, the liquidation practiced according to the preceding paragraphs will replace the one foreseen for the latter. If the latter are subject to an aliquot different from that of the taxable events, reason for the aforementioned special liquidation, this shall be done using the highest of the aliquots.

If the difference of aliquots indicated in the previous paragraph was only partially given and the greater corresponded to certain sales or benefits derived from the exploitation, the same shall fall on the income attributable to said operations, being applicable for the rest of the liquidation the aliquot common to both taxable events. Likewise, when the goods or services derived from the exploitation are reached, totally or partially, by an aliquot lower than the one that must be used in the special liquidation, the resulting difference can not be transferred to their prices, being applied to it the same. forecasts indicated for the case of activities exempt or not reached by the tax for the purposes of granting the concession.

POSITIVE BALANCE

ARTICLE 24 - The balance in favor of the taxpayer that results from the application of the provisions of the preceding articles -including that which comes from the computation of fiscal credits originated by definitive imports- shall only be applied to the fiscal debits corresponding to the following fiscal years. The heirs and legatees referred to in subparagraph a) of article 4 shall be entitled to the computation in the respective proportion, of the balances determined by the administrator of the estate or the executor, in the sworn statement corresponding to the last tax period expired immediately previous to the approval of the partionary account.

The foregoing provision shall not apply to tax balances in favor of the taxpayer that arise from direct income, which may be subject to the compensations and accreditations provided for in articles 35 and 36 of Law No. 11,683, text ordered in 1978 and its amendments, or failing that, it will be returned or allowed to be transferred to responsible third parties under the terms of the second paragraph of said article 36.

The balances in favor referred to in the first paragraph of this article will be automatically updated starting from the fiscal year in which they originate and up to the fiscal year corresponding to the operations that generate the fiscal debits that absorb them.

ARTICLE ...- Tax credits originated in the purchase, construction, manufacture, manufacturing or definitive importation of goods for use -except automobiles- that, after six (6) consecutive fiscal periods have elapsed, counted from the one in which it resulted from the computation, make up the balance in favor of those responsible, referred to in the first paragraph of Article 24, they will be returned in accordance with the provisions below, in the form, terms and conditions that for this purpose stipulate the regulations that be dictated

The return may also be accessed under the terms provided in this article, with respect to the tax that would have been invoiced to the applicants originating in the aforementioned operations, to the extent that the said goods are destined for exports, activities, operations and / or or benefits that receive equal treatment to them. In such cases, the term indicated in the previous paragraph will be counted from the fiscal period in which the investments were made.

The regime established in this article shall not be applicable when, at the time of the request for refund, the assets of use do not integrate the patrimony of the taxpayers, except when there has been an accidental or force majeure, such as in cases of fire, Storms or other accidents or accidents - duly tested.

The fixed assets included in this regime are those that have the quality of assets subject to amortization for income tax.

When the referred goods are acquired by leasing, the tax credits corresponding to the canons and. to the purchase option, they may only be computed for the purposes of the return contemplated in this regime, after six (6) fiscal periods counted from the one in which the said option has been exercised, except in those contracts that, pursuant to to the current regulations, are assimilated to purchase and sale operations for the determination of the income tax, in which case said term will be computed in the manner indicated in the first paragraph of this article. In the latter case, if the exercise of the purchase option is not verified, the sums duly obtained in return must be reimbursed, in the manner and within the term established in the regulations.

For the purposes of the provisions of this article, the value added tax corresponding to purchases, construction, manufacturing, processing and / or definitive importation of goods, will be charged against the tax debits once the remaining tax credits related to the taxable activity have been computed. .

Without prejudice to the subsequent verification, inspection and determination actions that may be developed by the Federal Administration of Public Revenues, the refund that is regulated in this article shall be definitive to the responsible party to the extent and as long as the amounts returned have application in:

( i) Regarding the operations taxed by the tax in the domestic market, the amounts actually received resulting from the differences between the debits and the remaining fiscal credits generated as taxpayer of the tax, and

(ii) With respect to exports, activities, operations and / or benefits that receive the same treatment a. they, the amounts that they would have been entitled to recover in accordance with the provisions of article 43 for the goods that gave rise to the refund regulated in this article, if this had not been requested.

If after sixty (60) fiscal periods counted from the immediately following that of the return, the sums received would not have had the aforementioned application, the person in charge should restitute the surplus not applied in the form and terms provided by the regulation, with more corresponding interests. Similarly proceed if, prior to the aforementioned period, the definitive cessation of activities, dissolution or business reorganization occurred -the latter, provided that it was not in the terms of Article 77 of the Income Tax Law, ordered text in 1997 and its modifications.

In the cases contemplated by the previous paragraph, the breach of the obligation to return will be resolved by an act founded by the Federal Administration of Public Revenues and will not correspond, in respect of the subjects covered, the procedure established by Article 16 of Law 11,683 ( to 1998) and its modifications, but that the determination of the debt-will be executed with the simple intimation of payment of the tax and its accessories by the aforementioned Federal Administration, without the need of another substantiation.

The Federal Administration of Public Revenues may demand the special books or registers that it deems pertinent for the implementation of the procedure set forth in the preceding paragraphs.

The return provided for in this article may not be made when the tax credits or the invoiced tax that motivated it have been subject to differential treatment provided in this law or in other regulations, without being able to apply for another provision that establishes treatment for that type for such concepts when the refund that is regulated here has been requested.

Failure to comply with the obligations established in the framework of this regime will result, without prejudice to the provisions of Law 11,683, text ordered in 1998 and its amendments, to the application of a fine of up to one hundred percent (100% ) of the sums obtained in return that have not been applied through the procedure regulated in this article.

They can not avail themselves of the treatment provided by this regime, who are in any of the following situations:

a) Declared in bankruptcy status, for which the continuity of the operation has not been arranged, in accordance with the provisions of the regulations valid.

b) Complaints or criminal complaints filed by the then General Tax Directorate, dependent on the Ministry of Finance of the then Ministry of Economy and Public Works and Services, or the Federal Administration of Public Revenues based on the 23,771 laws and their modifications or 24,769, according to corresponds, in which respect the corresponding fiscal request of elevation to trial has been formulated before making the request for refund.

c) Formally denounced, or criminally prosecuted for common crimes that have a connection with the breach of their tax obligations or that of third parties, a. whose respect has been formulated the corresponding tax request of elevation to trial before making the request for refund.

d) Legal persons -including cooperatives- in which, as appropriate, their partners, administrators, directors, trustees, members of the supervisory board, directors or those holding equivalent positions, have been formally denounced or criminally charged for common crimes that they have connection with the breach of their tax obligations or that of third parties, in whose respect the corresponding fiscal request of elevation to judgment has been made before the return request is made.

The occurrence of any of the circumstances mentioned in the previous paragraph, produced after the return request is made, will lead to its rejection. When they occur after the return provided in this article has been made, the total expiration of the agreed treatment will occur.

(First article without number following Article 24 incorporated by Article 92 of Law N ° 27.430 BO 29/12/2017 Effective: the day following its publication in the Official Gazette and will take effect in accordance with the provisions of each one of the Titles that compose it See article 97 of the Reference Law)

( Note  : by article 87 of the Law No. 27,467 BO 12/4/2018 it is established that the regime established in the first article without number incorporated after article 24 of the Value Added Tax Law (to 1997) and its modifications, will operate, during the year 2019, with a maximum annual limit of FIFTEEN THOUSAND THOUSANDS MILLIONS ($ 15,000,000,000), in accordance with the allocation mechanism established by the MINISTRY OF FINANCE)

ARTICLE ...- The subjects that develop activities that qualify as public services whose rate is reduced by the granting of sums in concept of subsidies, tariff compensation and / or funds for economic assistance, made by the National State directly or through Through trusts or funds set up for this purpose, they will be entitled to the treatment provided for in article 43 of this law, with respect to the accumulated balance referred to in the first paragraph of article 24, with the conditions set forth in the following paragraphs.

The treatment established in the previous paragraph will be appropriate provided that the aforementioned balance is originated in the tax credits that are invoiced for the purchase, manufacture, elaboration, or definitive importation of goods -except automobiles-, and for the locations of works and / or services -including the benefits referred to in subparagraph d) of article 1 and the article without number incorporated after article 4 of the law-, that have been effectively assigned to operations perfected in the development of their activity and by which the sums referred to in the preceding paragraph are received.

The treatment will be applied up to the limit that arises from deducting from the balance in favor originated in the aforementioned operations, the balance in favor that would have been determined if the amount received as subsidies, tariff compensation and / or funds for economic assistance had been reached. by the applicable rate to the corresponding rate.

In the event that accreditation is granted against other taxes, this can not be made against obligations arising from the substitute or joint liability for third-party debts, or from the action of the beneficiary as withholding or collection agent. Nor will this accreditation be applicable against levies exclusively destined to the financing of funds with specific effects or of the resources of the social security.

The treatment provided for in the first paragraph of this article may not be granted when the aforementioned tax credits have been subject to differential treatments provided in this law or in other regulations, without being able to apply for another provision that establishes a treatment of this type for such concepts when the one regulated here has been requested.

Neither will anyone who is in some of the situations detailed in the second to last paragraph of the previous article will be able to access this treatment, and the provisions of the last paragraph of the same article also apply.

This regime will operate with a maximum annual limit -whose amount will be determined in accordance with the prevailing general conditions regarding budget revenues- and an allocation mechanism that will establish the regulations.

(Second article without number following Article 24 incorporated by Article 93 of Law N ° 27.430 BO 29/12/2017 Effective: the day following its publication in the Official Gazette and will take effect in accordance with the provisions of each one of the Titles that compose it See article 97 of the Reference Law)

ARTICLE ...- The subjects whose activity is the provision of open or subscribed television broadcasting services through physical and / or radioelectric link, sound broadcasting, closed television signals, the publishing companies of newspapers, magazines, periodicals or editions digital online information journalism and the distributors of these publishing companies, may compute as tax credit of the tax, the employer contributions on the payroll of the personnel affected to said activities, accrued in the fiscal period and actually paid at the time of presentation of the sworn declaration of the tax, established in article 2 of Decree 814 of June 20, 2001 and its amendments, in the amount that exceeds the amount computed in accordance with the provisions of the second paragraph of subsection d) of article 173 of the Law 27,430. In the event that the income of that amount is made after the indicated time, it may be computed in the sworn statement corresponding to the fiscal period in which the payment of the contributions was made.

For the purposes provided in this article, the provisions of article 13 of this law shall not apply. However, when the remunerations that originate the employer contributions that can be computed as a tax credit, by virtue of what has been previously established, are related in an indistinct manner with other activities not included in the previous paragraph, the amounts of such contributions will be subject to the procedure indicated in article 13, for the sole purpose of determining the proportion attributable to those included in this article.

The amounts of the referred employer contributions shall be counted as a tax credit in the value added tax up to the amount of the fiscal debit of the period in question, before computing the remaining fiscal credits that correspond, not being able to generate balance in favor of the taxpayer. referred to in the first paragraph of article 24 of this law. Neither will be deductible for the purposes of determining the Income Tax.

(Third article without number following Article 24 incorporated by Article 91 of Law N ° 27.467 BO 4/12/2018, with effect for the amounts whose right to computation is generated as of January 1, 2019, inclusive )

DETERMINATION OF THE IMPOSITION BASE

IN IMPORTS

ARTICLE 25 - In the case of definitive imports, the rate will be applied on the normal price defined for the application of the import duties to which all taxes will be added to the import, or because of it.

ARTICLE 26 - The income of the tax shall not be applicable when it is a matter of definitive reimportation of movable things to which the exemption of import duties and other taxes provided for in article 566 of the Customs Code, approved by Law No. 22.415, were applicable.

In such case, the amount that has been reimbursed for this tax as a result of the reimportation will be computed as a tax credit in the tax return corresponding to the fiscal year of the reimportation, to the extent permitted by the rules governing the tax credit.

ARTICLE ...- In the case of the benefits referred to in subparagraphs d) and e) of article 1, the rate shall be applied to the net price of the operation resulting from the invoice or equivalent document issued by the provider of the external, the provisions of the first paragraph of article 10 being applicable in these circumstances

(Article without added number following article 26 replaced by article 94 of Law N ° 27,430 BO 29/12/2017. day following its publication in the Official Gazette and will take effect in accordance with the provisions of each of the Titles that comprise it, see Article 97 of the Reference Law)

FISCAL CLEARING PERIOD

ARTICLE 27 - The tax resulting from the application of articles 11 to 24 will be settled and paid by calendar month on the basis of an affidavit made on an official form.

The provisions of the preceding paragraph shall not apply to the subjects that develop the activities and under the conditions determined by the National Executive Power, in which case they shall settle and deposit the resulting tax per annual fiscal period.

In the case of managers whose operations correspond exclusively to the agricultural activity, they may choose to practice the settlement on a monthly basis and the payment for a business year if annotations are kept and commercial balances are made annually and by calendar year when the cited circumstances. Adopted the procedure provided in this paragraph, it may not be varied until after three (3) fiscal years, including that in which the option was made, whose exercise and withdrawal must be communicated to the Federal Administration of Public Revenue in the term, form and conditions that said organism establishes. Taxpayers who make the annual payment option will be exempt from paying the advance.

In the case of definitive imports, the tax will be settled and paid together with the liquidation and payment of import duties.

In the cases and in the manner provided by the aforementioned Federal Administration of Public Revenues, an autarkic entity within the scope of the Ministry of Economy and Public Works and Services, the tax may also be collected through withholding or collection at the source. Likewise, the aforementioned Agency, in relation to the subjects indicated in the second paragraph, may demand the payment of amounts on account of the tax that ultimately corresponds in accordance with the provisions of article 21 of Law No. 11,683, text ordered in 1998 and its modifications.

(Article replaced by g), art. 2nd, Title II of Law No. 25,239 BO 12/31/1999. Validity: from the first day of the month immediately following the entry into force of the aforementioned law -01 / 01 / 2000-.)

ARTICLE ...- The tax resulting from the application of the provisions provided in subsection e) of article 1, shall be deposited by the borrower. If an intermediary intervenes in the payment, it will assume the character of agent of perception.

The tax must be paid and paid in the form, terms and conditions established by the Federal Administration of Public Revenues.

(Article without number following Article 27 incorporated by Article 95 of Law No. 27,430 BO 29/12/2017 Effective: the day following its publication in the Official Gazette and will take effect in accordance with the provisions of each one of the Titles that compose it, see article 97 of the Reference Law)

 

TITLE IV

FEES

ARTICLE 28 - The tax rate will be twenty one percent (21%).

( Note : Article 1 of Decree N ° 2312/2002 BO 15/11/2002 establishes the rate at nineteen percent (19%) for the taxable events that are perfected as of November 18, 2002 and until January 17, 2003, both dates, inclusive.)

This rate will be increased to twenty-seven percent (27%) for the sales of gas, electric power and water regulated by meter and other benefits included in points 4, 5 and 6 of paragraph e) of article 3, when the sale or provision is made outside of domiciles intended exclusively for housing or recreational or holiday homes or, as the case may be, unoccupied lands and the buyer or user is a subject categorized in this tax as a registered inscriber or in the case of subjects who opted for the Simplified Regime for small taxpayers (Expression "or as responsible not registered" repealed by Article 1, paragraph a), point 3 of Law No. 25,865 BO 19/1/2004 . Validity: from the day of its publication in the Official Gazette. The provisions contained in Title I of the reference standard shall take effect as of the date established by the national Executive Power, which may not exceed one hundred and eighty (180) days counted from the date of official publication . )

Go to the Executive Power to reduce the aliquots established in the previous paragraphs up to twenty-five percent (25%).

They will be reached by an aliquot equivalent to fifty percent (50%) of that established in the first paragraph:

( Note : By article 1 of Decree N ° 2312/2002 BO 15/11/2002 it is clarified that for the taxable events that are perfected from November 18, 2002 and until January 17, 2003, both dates , even, 50% of the aliquot reduced to 19% is calculated).

a) Sales, the locations of subsection d) of article 3 and the final imports of the following goods:

1.- Live animals of the avian and cuniculus species and cattle cattle, sheep, pigs, camelids and goats, including the agreements of capitalization of finance when it corresponds to liquidate the tax. (Point replaced by Article 96 of Law N ° 27.430 BO 29/12/2017 Effective: the day following its publication in the Official Gazette and will take effect in accordance with the provisions of each of the Securities that comprise it. See Article 97 of the Reference Law)

2.- Meats and edible offal of the animals mentioned in the previous point, fresh, chilled or frozen that have not been subjected to processes that imply a true cooking or processing that constitutes them in a preparation of the product. (Point replaced by Article 1 of Law N ° 25.951 BO November 29, 2004. Validity: from the day following its publication in the Official Gazette).

3. Fruits, vegetables, fresh, chilled or frozen, that have not been subjected to processes that imply a true cooking or processing that constitutes them in a preparation of the product.

4. Honey of bulk bees. (Point incorporated by Article 1 of Law No. 25,525 BO 09/01/2002.)

5. Grains - cereals and oilseeds, excluding rice - and dried vegetables - beans, peas and lentils. (Point incorporated by Article 1 b) of Law No. 25,717 BO 10/01/2003. Validity: from the day of its publication in the Official Gazette.)

6. Wheat flour, included in Item 11.01 of the Common Mercosur Nomenclature (NCM). (Point incorporated by Article 2 of Law N ° 26,151 BO 25/10/2006 Effective: from the first day of the month following its publication in the Official Gazette of the Nation.)

7. - Bread, biscuits, bakery and / or pastry and biscuits and biscuits, made exclusively with wheat flour, without prior packaging for marketing, included in articles 726, 727, 755, 757 and 760 of the Argentine Food Code . (Point incorporated by Article 3 of Law N ° 26,151 BO 25/10/2006 Effective: from the first day of the month following its publication in the Official Gazette of the Nation.)

8. Solid waste resulting from the industrial extraction of soybean oil, defined in Rule XIX of Resolution 1075 of December 12, 1994 of the former Secretary of Agriculture, Livestock and Fisheries, its amendments and supplements, as well as any other residue or solid product resulting from the industrial processing of soybeans, in both cases, whatever their commercial form (expellers, pellets, cakes, flours, granules, etc.). (Point incorporated by Article 95 of Law N ° 27.467 BO 4/12/2018, with effects for the taxable events that are perfected as of January 1, 2019, inclusive)

9. Denatured soybeans, deactivated, Toasted, broken, any product originated from sifting and cleaning obtained from soybeans, soybean husks or husks, any type of mixture of the products mentioned above, whatever their commercial form. (Point incorporated by Article 95 of Law N ° 27,467 BO 4/12/2018, with effects for the taxable events that are perfected as of January 1, 2019, inclusive)

"...) Sales, the locations of subsection d) of Article 3 and final imports of fresh or salted bovine leather, dry, limed, pickled or otherwise preserved but not tanned, parchment or otherwise prepared, even shaved or split, included in the tariff positions of the Common Nomenclature of MERCOSUR, 4101.10.00, 4101.21.10, 4101.21.20, 4101.21.30, 4101.22.10, 4101.22.20, 4101.22.30, 4101.29.10, 4101.29 .20, 4101.29.30, 4101.30.10, 4101.30.20 and 4101.30.30. (Subsection without number following subsection a) incorporated by section 1 c) of Law No. 25.717 BO 10/01/2003. Validity: from the day of its publication in the Official Gazette.)

b) The following works, locations and provision of services linked to obtaining goods included in points 1, 3 and 5 of subsection a):

1. Cultural tasks -preparation, plowing, etc., of the soil-.

2. Sowing and / or planting.

3. Applications of agrochemicals.

4. Fertilizers its application.

5. Harvest.

(Subparagraph substituted by Article 1, paragraph d) of Law No. 25.717 BO 10/01/2003. Validity: from the day of its publication in the Official Gazette.)

c) The taxable events foreseen in subsection a) of article 3 destined to housing, excluding those made on pre-existing constructions that do not constitute work in progress and the taxable events foreseen in subsection b) of article 3 destined to housing;

d) Loan interests and commissions granted by the entities governed by Law 21,526, when the takers have the status of persons liable for the tax and the financial benefits included in subparagraph d) of article 1, when they correspond to loans granted by banking entities located in countries in which their central banks or equivalent bodies have adopted the international banking supervision standards established by the Basel Committee of Banks.

e) Sales, the locations of clause c) of article 3 and final imports, which have as their object the goods included in the tariff positions of the Common Nomenclature of MERCOSUR -with the exceptions provided for certain cases-, included in the Return Attached to this subsection.

The manufacturers or importers of the goods referred to in the preceding paragraph, will have the treatment provided for in article 43 with respect to the balance in favor that may arise, due to the realization thereof, by the computation of the tax credit for purchase or Imports of goods, services and locations that effectively destine the manufacture or importation of said goods or at any stage in the achievement of them.

The treatment foreseen in the previous paragraph will be applied up to the limit that arises from deducting from the balance in favor of the operation, the favorable balance that would have been determined if the fiscal debits had been generated using the aliquot established in the first paragraph of this article.

In order to effect the benefit provided in the second paragraph of this subsection, applications will be processed according to the records and certifications that will be established by the SECRETARIAT OF INDUSTRY, under the MINISTRY OF ECONOMY, regarding the condition of manufacturers or importers of the goods. subject to the benefit and the limits costs for the attribution of the fiscal credits of each one of them, as well as to the professional opinions whose presentation disposes the FEDERAL ADMINISTRATION OF PUBLIC INCOMES, self-sufficient entity in the field of the MINISTRY OF ECONOMY, with respect to the existence and legitimacy of the debits and tax credits related to said benefit. Approve the aforementioned bodies to establish the requirements, terms and conditions for the implementation of the procedure provided. (Paragraph incorporated by paragraph d), art. 1 ° of Decree No. 733/2001 BO 05/06/2001. Validity: from the day of its publication in the Official Gazette and will take effect as of the aforementioned entry into force.)

See Schedule Attached to subsection e) of article 28 (Replaced by article 13 of Decree No. 509/2007 BO 23/5/2007) Effective: from the day following its publication in the Official Gazette, text according to Decree N ° 820/2007, BO 29/6/2007 Effective: it will become effective on the effective date of Decree No. 509/2007 )

(Subparagraph substituted by Article 1 pt e) of Decree No. 615/2001 BO 14/05/2001. Validity: will take effect for the taxable events that are perfected as of May 1, 2001, inclusive.)

f) The sales, the locations of clause c) of article 3 and the final imports, which have as their object the goods included in the tariff positions of the Common Nomenclature of MERCOSUR, included in the form attached to this subsection.

See Schedule Attached to subsection f) of article 28 (Replaced by article 14 of Decree No. 509/2007 BO 23/5/2007 Effective: from the day following its publication in the Official Gazette.)

(Subparagraph incorporated by Article 1 of Decree No. 1159/2001 BO 11/09/2001 Effective: from the date of its publication in the Official Gazette (11/9/2001), it will take effect for the taxable events that be perfected from the first day of the month following that of said publication, inclusive (1/10/2001).)

g) (Section repealed by Article 1 b) of Law N ° 26.982 BO 29/9/2014 . Validity: the day of its publication in the Official Gazette and will take effect for the taxable events that are perfected as of the first day of the month following that of said publication )

h) The services of taximeters, remises with driver and all other services of passenger transportation, land, water or air, made in the country, not reached by the exemption provided by point 12. of paragraph h) of Article 7.

The provisions above also include baggage handling services conducted by the traveler himself and whose transportation is included in the price of the ticket.

(Section incorporated by paragraph h), art. 2nd, Title II of Law No. 25,239 BO 12/31/1999. Validity: from the first day of the month immediately following the entry into force of the aforementioned law -01 / 01 / 2000-.)

i) The medical and paramedical healthcare services referred to in the first paragraph of point 7, subsection h), of article 7, provided or contracted by cooperatives, mutual entities and systems of prepaid medicine, that do not result exempt in accordance with the provisions of said norm. (Section incorporated by paragraph i), art. 2nd, Title II of Law No. 25,239 BO 12/31/1999. Validity: from the first day of the month immediately following the entry into force of the aforementioned law -01 / 01 / 2000-.)

j) The sales, works, leases and services provided by the Work Cooperatives, promoted and registered, in the National Register of Local Development and Social Economy Effectors of the Ministry of Social Development, when the buyer, tenant or borrower is the National state, the provinces, the municipalities or the Autonomous City of Buenos Aires, their respective departments and centralized or decentralized entities, excluding entities and organizations included in article 1 of law 22,016. (Section incorporated by Article 1, paragraph b) of Law No. 25,865 BO 19/1/2004 . Validity: from the day of its publication in the Official Gazette. The provisions contained in Title I of the reference standard shall take effect as of the date established by the national Executive Power, which may not exceed one hundred and eighty (180) days counted from the date of official publication . )

k) The sales of propane, butane and liquefied petroleum gas, its importation and the locations of subsection c) of article 3 of this law, for the elaboration on behalf of third parties. (Incised by Law N ° 26.020 BO 8/4/2005)

1) Sales, the locations of subsection c) of Article 3 and the final imports that have as their object chemical fertilizers for agricultural use.

The manufacturers or importers of the goods referred to in the preceding paragraph shall have the treatment provided for in the second, third and fourth paragraphs of subsection e) above, with respect to the balance in favor that may arise as a result of the realization thereof, by the computation of the tax credit for purchase or imports of goods, services and locations that are actually destined to the manufacture or importation of said goods or at any stage in the achievement thereof, being the Ministry of Agriculture, Livestock, Fisheries and Food of the Ministry of Economy and Production, which must take the intervention that falls within the scope of the provisions of the aforementioned fourth paragraph.

Approve the Federal Administration of Public Revenues to establish an optional procedure for estimating, with annual adjustment, the amount of the refund. (Point incorporated by Article 1 of Law N ° 26,050 BO 31/8/2005) Effective: from the day of its publication in the Official Gazette and will have effects for the taxable events that are perfected as of the first day of the month following said publication).

(Article replaced by Law No. 25,063 Title I, Article 1, paragraph j). Validity: from the day following its publication in the Official Gazette (12/31/1999). It will be effective for the present case from 01/01/1999.)

EVOLUTION OF THE ALICUOTAS

ALIQUOT

[[PASTING TABLES IS NOT SUPPORTED]]

1) Law N ° 23.658 and its amending Law N ° 23.666 fixed as of 02/02/90, the aliquots to 14% and 7%, which never came to be applied.

(2) As of 1/3/92 the aliquots of 18% and 27% are reestablished as a consequence of the implicit termination of the validity of the decrees Nros. 1701/91, 1702/91, 2396/91 and 356/92.

ARTICLE ... - In the case of subjects whose activity is the editorial production, the locations of advertising spaces in newspapers, magazines and periodicals will be reached by the aliquot that, according to the assumption in question, is indicated below:

Billing amount of the twelve (12) calendar months, not including the added value tax Alícuota
Equal to or less than $ 252,000,000 10.5%
Higher than $ 252,000,000 21.0%

In the case of subjects whose activity is the digital journalistic editions of online information, they will be reached by the aliquot that, according to the assumption in question, is indicated below:

Billing amount of the twelve (12) calendar months, not including the added value tax Alícuota
Equal to or less than $ 63,000,000 5%
Higher than $ 63,000,000 and equal to or less than $ 252,000,000 10.5%
Higher than $ 252,000,000 21.0%

For the purposes of the application of the aforementioned rates, the subjects indicated in the preceding paragraphs must, at the end of each calendar quarter, consider the billing amounts of the last TWELVE (12) immediate previous calendar months, not including the tax to the added value, and in function of it, to determine the corresponding aliquot, the one that will be of application by periods quarterly calendar.

Billing amounts will be understood, for the purposes of the previous paragraph, to the total billing of the taxpayer.

The aliquot that results from application to the subjects indicated in the first paragraph for the location of advertising spaces, determined according to what is foreseen there, also reaches the billed amounts obtained by all the subjects involved in the commercial process, regardless of their Billing level, only for those concepts and as long as they come from it.

In the case of initiation of activities, during the FOUR (4) first fiscal periods since said initiation, the taxpayers included in this article shall determine the tax rate by means of a reasonable estimate of the annual invoicing amounts.

Once the aforementioned FOUR (4) fiscal periods have elapsed, they shall proceed to annualize the corresponding billing for said period, in order to determine the rate that will be applicable for the activities indicated from the fifth fiscal period after the start of activities, inclusive, according to the figures obtained. This annualization will proceed to the extent that the period indicated coincides with the end of the quarterly full calendar period. If such a coincidence does not occur, the aliquot determined in accordance with the preceding paragraph shall be maintained until the end of the next calendar period.

The annualization of billing will continue, taking place at the end of each calendar quarter, considering the fiscal periods elapsed until the immediately preceding the beginning of the four-month period in question, inclusive, until the expiration of TWELVE (12) fiscal periods counted from the beginning of the activity.

The invoicing amount indicated in the first paragraph of this article will be updated according to the variation operated in the limit of annual total sales applicable to the medium-sized companies of "Tranche 2" corresponding to the "services" sector, under the terms of article 2 of Law 24,467 and its amendments, and its regulatory and complementary regulations.

The services of distribution, classification, distribution and / or return of newspapers, magazines and periodicals that are provided to subjects whose activity is the editorial production will be reached by the aliquot equivalent to fifty percent (50%) of the established in the first paragraph of article 28 of this.

(Article without number after article 28, replaced by article 92 of Law N ° 27,467 BO 4/12/2018 Effective: it will take effect with respect to the taxable events that are perfected as of January 1, 2019, by article 94 of the same law)

TITLE V

NON-REGISTERED PERSONS RESPONSIBLE

(Title V repealed by Article 1, clause a), point 4 of Law N ° 25.865 BO 19/1/2004 . Validity: from the day of its publication in the Official Gazette. The provisions contained in Title I of the reference standard shall take effect as of the date established by the national Executive Power, which may not exceed one hundred and eighty (180) days counted from the date of official publication.)

TITLE VI

REGISTRATION, EFFECTS AND OBLIGATIONS THAT GENERATE

ARTICLE 36 - The taxpayers mentioned in article 4 must register with the GENERAL TAX ADDRESS in the form and time established by it, except when, in the case of those responsible under Title V, make use of the option that same authorize

They are not obliged to the registration referred to in the previous paragraph, although they may choose to do so:

a) Importers, only in relation to final imports that they make.

b) Those who only carry out exempt operations under the rules of articles 7 and 8.

The duties and obligations foreseen in this law for the persons in charge will be applicable to those who are obliged to register, from the moment they meet the conditions that constitute such obligation.

(Last paragraph repealed by Article 1, paragraph a), point 5 of Law No. 25,865 BO 19/1/2004 . Validity: from the day of its publication in the Official Gazette. The provisions contained in Title I of the reference standard shall take effect as of the date established by the national Executive Power, which may not exceed one hundred and eighty (180) days counted from the date of official publication.)

RESPONSIBLE PARTNERS

YOUR OBLIGATIONS - OPERATIONS WITH OTHER REGISTERED PARTY RESPONSIBLE

ARTICLE 37 - Registered managers who make sales, leases or provision of services taxed to other enrolled managers, must discriminate in the invoice or equivalent document the levy that falls on the operation, which will be calculated by applying on the net price indicated in the article 10, the corresponding aliquot.

In these cases must be recorded on the invoice or equivalent document of the respective registration numbers of the parties involved in the operation.

Notwithstanding the provisions of the first and second paragraphs of this article, the TAX GENERAL ADDRESS may provide another way of documenting the lien originated by the operation, when the characteristics of the provision or location so require.

OPERATIONS WITH NON-REGISTERED PERSONS RESPONSIBLE

ARTICLE 38 - (Article repealed by article 1, clause a), point 6 of Law N ° 25.865 BO 19/1/2004 . Validity: from the day of its publication in the Official Gazette. The provisions contained in Title I of the reference standard shall take effect as of the date established by the national Executive Power, which may not exceed one hundred and eighty (180) days counted from the date of official publication.)

OPERATIONS WITH FINAL CONSUMERS

ARTICLE 39.- When a registered manager makes sales, leases or services provided taxed to final consumers, shall not discriminate in the invoice or equivalent document the tax that falls on the operation. The same criterion will be applied with subjects whose operations are exempt.

(Second paragraph repealed by Article 1, clause a), point 7 of Law N ° 25.865 BO 19/1/2004 . Validity: from the day of its publication in the Official Gazette. The provisions contained in Title I of the reference standard shall take effect as of the date established by the national Executive Power, which may not exceed one hundred and eighty (180) days counted from the date of official publication.)

In the case of the transactions referred to in the first paragraph of this article, only those transactions that meet the conditions set forth in the regulations may be considered transactions with final consumers.

OPERATIONS OF NON-REGISTERED PERSONS RESPONSIBLE

ARTICLE 40 - (Article repealed by Article 1, clause a), point 6 of Law N ° 25.865 BO 19/1/2004 . Validity: from the day of its publication in the Official Gazette. The provisions contained in Title I of the reference standard shall take effect as of the date established by the national Executive Power, which may not exceed one hundred and eighty (180) days counted from the date of official publication.)

BREACH OF THE OBLIGATION TO INVOICE THE TAX

ARTICLE 41 - Failure to comply with the obligations set forth in article 37 will lead to presuming, without admitting proof to the contrary, the lack of payment of the tax, for which the buyer, lessee or borrower will not be entitled to the credit referred to in article 12 .

The foregoing does not imply any reduction in the obligations of the other responsible parties involved in the respective operations.

(Article replaced by article 1, clause c) of Law N ° 25.865 BO 19/1/2004 . Validity: from the day of its publication in the Official Gazette. The provisions contained in Title I of the reference standard shall take effect as of the date established by the national Executive Power, which may not exceed one hundred and eighty (180) days counted from the date of official publication.)

REGISTRATIONS

ARTICLE 42 - The GENERAL TAX ADMINISTRATION shall establish the rules to which the form of issuance of invoices or equivalent documents shall be adjusted, as well as the registrations that shall be carried by those responsible, which shall ensure the clear externalization of the operations to which they correspond, allowing its quick and easy verification.

TITLE VII

EXPORTERS

SPECIAL REGIME

ARTICLE 43 - The exporters will be able to compute against the tax that in definite owed by their taxed operations, the tax that by goods, services and leases that destine indeed to the exports or to any stage in the attainment of the same, would have been invoiced to them, in the extent to which it is linked to the export and has not already been used by the person responsible, as well as its pertinent update, calculated by applying the wholesale price index, general level, referring to the billing month, in accordance with what the table drawn up by the Federal Administration of Public Revenues indicates, an autarkic entity within the scope of the Ministry of Economy, for the month in which the export is made.

If the compensation allowed in this article could not be made or only partially, the resulting balance will be credited against other taxes charged to the FEDERAL ADMINISTRATION OF PUBLIC INCOME, self-sufficient entity within the MINISTRY OF ECONOMY or, failing that, it will be returned or its transfer will be allowed in favor of responsible third parties, under the terms of the second paragraph of article 29 of Law No. 11,683, text ordered in 1998 and its amendments. Said accreditation, refund or transfer shall proceed up to the limit that may arise from applying the tax rate to the amount of exports made in each fiscal year, except for those goods determined by the MINISTRY OF ECONOMY, with respect to which the competent Bodies the same set, establish reference limit costs, for which the established limit will result from applying the tax rate to said cost. (Paragraph substituted by paragraph a), art. 1st of Decree No. 959/2001 BO 27/07/2001. Validity: from the day of its publication in the Official Gazette. It will be effective for exports made as of August 1, 2001, inclusive.)

When the economic reality indicates that the exporter of products benefited in the domestic market with releases of this tax is the beneficiary of said treatments, the computation, return or transfer in the preceding paragraphs is foreseen, will not be able to surpass that which would have corresponded to the latter, whoever is the one who will carry out the export.

The calculation of the tax invoiced for goods, services and locations referred to in the first paragraph of this article shall be determined in accordance with the provisions of articles 12 and 13 of this law.

To be entitled to the accreditation, return or transfer referred to in the second paragraph, exporters must register with the Federal Administration of Public Revenues, an autarchic entity within the scope of the Ministry of Economy, in the manner and time established by it, being subject to the duties and obligations provided by this law with respect to the operations carried out from the date of granting the registration. Likewise, they must determine monthly the computable tax in accordance with the present regime, obtained from said date, by means of a sworn statement made in the official form.

Purchases made by tourists from abroad, of taxed goods produced in the country that they move abroad, will result in the reimbursement of the tax invoiced by the seller, in accordance with the regulations issued by the National Executive Power.

Likewise, the reimbursement mentioned in the previous paragraph shall include the benefits included in section 2 of clause e) of article 3, contracted by tourists from abroad in the tourist centers located in the provinces with international boundaries. In the event that the aforementioned benefits are made jointly or complementary to the sale of goods, or other services or services, these must be billed in a discriminatory manner and will not result in the reimbursement provided in this paragraph, with the exception of benefits included in section 1 of subsection e), of article 3, when they are referred to the breakfast service included in the price of the lodging. The provinces of Catamarca, Formosa, Entre Ríos, San Juan, Santa Cruz, Misiones, Corrientes, Salta, La Rioja are included in the regime foreseen in this paragraph; Chubut, Jujuy, Neuquén, Mendoza, Río Negro and Chaco.

Same treatment as foreseen in the two preceding paragraphs will have purchases, leases or services performed in the domestic market, when the acquirer, tenant or borrower uses funds deposited as a donation, within the framework of international cooperation agreements, with the requirements established by the National Executive Branch

(Article replaced by Article 1 of Law N ° 25.406 BO 06/04/2001 Effective: The provisions of this law will have effects for taxable events that are perfected as of January 1, 2001 inclusive.)

ARTICLE ... - Exporters shall have the right to accreditation, return or transfer referred to in the second paragraph of the preceding article with only compliance with the formal requirements established by the FEDERAL ADMINISTRATION OF PUBLIC REVENUES, an autarchic entity within the MINISTRY OF ECONOMY , this without prejudice to its subsequent challenge when following the exercise of the powers of control and verification provided in articles 33 and following of Law No. 11,683, text ordered in 1998 and its amendments, through the audit procedures to that end the aforementioned Organism is determined, the illegitimacy or inadmissibility of the invoiced tax that gave rise to the aforesaid accreditation, return or transfer is verified.

The requests made by the exporters, in the terms of the previous paragraph, must be accompanied by the opinion of an independent public accountant, regarding the reasonableness and legitimacy of the invoiced tax linked to the export operations.

When circumstances of fact or law allow presumed collusion, the exporters will be jointly and severally liable for the falsely documented and omitted value-added tax to enter, corresponding to their sellers, leaseholders, lenders or, where applicable, assigning the lien in accordance with the respective norms and provided that the debtors do not comply with the administrative summons of payment, up to the limit of the amount of the computed tax credit, or of the accreditation, refund or transfer originated by said tax. To this end, the procedure provided for in articles 16 et seq. Of Law No. 11,683, text ordered in 1998 and its amendments, shall apply.

(Article without number incorporated after article 43 by paragraph b), art. 1st of Decree No. 959/2001 BO 27/07/2001. Validity: from the day of its publication in the Official Gazette. It will be effective for exports made as of August 1, 2001, inclusive.)

ARTICLE 44 - (Article repealed by subsection j), art. 2nd, Title II of Law No. 25,239 BO 12/31/1999. Validity: from the first day of the month immediately following the entry into force of the aforementioned law (01/01/2000).)

TITLE VIII

GENERAL DISPOSITION

ARTICLE 45 - For the purposes of this law, discriminatory treatments will not be accepted in relation to fees or exemptions, based on the national or foreign origin of the goods.

ARTICLE 46 - The refund of the Value Added Tax involved in the price invoiced to them for goods, works, locations, services and other benefits, taxed, that are used for the construction, repair, maintenance and conservation, be accorded to permanent diplomatic missions. of premises of the mission, for the location of the latter and for the acquisition of goods or services destined for their equipment and / or related to the development of their activities . (Paragraph replaced by paragraph c), art. 1 ° of Decree No. 1008/2001 BO 14/08/2001. Validity: from the day of its publication in the Official Bulletin. It will have effect for the taxable facts perfected since May 1, 2001, inclusive.)

The refund provided in the previous paragraph will also be applicable to diplomats, consular agents and other official representatives of foreign countries, regarding their home as well as the consumption related to their personal expenses and their own and their family's livelihood.

The regime established in this article will be provided on condition of reciprocity or when the sending State undertakes to grant diplomatic missions and official representatives of our country, a preferential treatment in terms of taxes on consumption consistent with the benefit granted .

The corresponding reimbursement will be valid as long as the respective supporting documentation is certified by the relevant diplomatic delegation and will be held for the calendar quarter, according to the requirements, conditions and formalities established by the GENERAL TAX ADMINISTRATION.

ARTICLE 47 - The updates provided for in this law shall be made on the basis of changes in the wholesale price index, general level, provided by the National Institute of Statistics and Censuses. The respective table, which must be prepared monthly by the GENERAL TAX ADMINISTRATION, will contain monthly values ​​for the TWENTY-FOUR (24) immediate previous months, quarterly average values ​​for calendar quarter from January 1, 1975, and average annual values ​​for the other periods and will take as a basis the price index of the month for which the table is made.

For the purposes of the application of the updates referred to in the preceding paragraph, they must be practiced until the date set forth in article 10 of Law No. 23,928, when dealing with the tax to enter or invoiced, the adjustment, computation or reimbursement of debits and tax credits and balances in favor or payments on account, referred to in articles 9; eleven; 13; 24; 32; 43 and 50

On the other hand, the aforementioned updates must be carried out in accordance with the provisions of article 39 of Law No. 24,073, when they must be applied to purchases, operations or the minimum amount thereof, referred to in articles 13, 32, and 35. .

ARTICLE 48 - In the case of operations with prices agreed upon on the date on which modifications of the exemption regime or of the aliquots to which the tax is paid come into force, said prices shall be adjusted to the extent of the tax incidence they had such modifications.

In the cases referred to in the previous paragraph, the adjustment that it provides shall also proceed when standards that establish new taxable events are incorporated.

ARTICLE 49 - (Article repealed by subsection k.1), art. 1º, Title I of Law N ° 25,063 BO 30/12/1998. Validity: from the day following its publication in the Official Gazette (12/31/1998). It will be effective for the present case from 01/01/1999.)

ARTICLE 50. - The subjects who carry out the printing and / or editorial production of books, pamphlets and similar printed matter, or of newspapers, magazines and periodicals, as well as of online digital news editions of information and their distributors, all these in the As they are included in the exemption of subsection a) of Article 7, they may compute against the value added tax that they will ultimately owe for their taxed operations, the value added tax that would have been invoiced for purchase, manufacturing, processing or definitive importation of goods -except for automobiles-, and for works, locations and / or provision of services -including the benefits referred to in clauses d) and e) of article 1 and article without number incorporated after article 4 ° and that they have effectively allocated to the operations covered by the aforementioned exemption, or at any stage in their achievement, to the extent that is linked to them, and has not already been used by the person in charge.

If the provisions of the preceding paragraph can not be carried out or are only partially carried out, the resulting balance will be credited against other taxes charged to the FEDERAL ADMINISTRATION OF PUBLIC INCOME or, failing that, will be returned or allowed to be transferred in favor of responsible third parties, under the terms of the second paragraph of article 29 of the law 11.683 (to 1998) and its modifications, in the form, terms and conditions established for that purpose by the Federal Administration.

In the event that accreditation is granted against other taxes, this can not be made against obligations arising from the substitute or joint liability for third-party debts, or from the action of the beneficiary as withholding or collection agent. Nor will this accreditation be applicable against levies exclusively destined to the financing of funds with specific effects or of the resources of the social security.

That accreditation, refund or transfer shall proceed up to the limit that arises from applying to the amount of the operations covered by the franchise of subsection a) of article 7, made in each fiscal period, the aliquot provided for in the first paragraph of article 28, the surplus may be transferred to the following fiscal periods, taking into account, for each of them, the aforementioned maximum applicable limit.

The calculation of the tax invoiced for goods, works, locations and services referred to in the first paragraph of this article shall be determined in accordance with the remaining provisions of this law that do not contradict these provisions. The FEDERAL ADMINISTRATION OF PUBLIC REVENUES shall establish the manner in which the lien shall be externalized so that the regime herein provided may be appropriate.

(Article replaced by article 93 of Law N ° 27,467 BO 4/12/2018, with effect for the amounts whose right to computation is generated as of January 1, 2019, inclusive)

ARTICLE ... - Registered executives who are subject to the tax established by article 75 of Law 22,285 and its modifications, may compute as a payment on account of the value added tax one hundred percent (100%) of the sums actually paid by the cited assessment. (Article without number incorporated after Article 50 by paragraph l.1), art. 1º, Title I of Law N ° 25,063 BO 30/12/1998. Validity: from the day following its publication in the Official Gazette (12/31/1999). It will be effective for the present case from 01/01/1999.)

ARTICLE ... - The businessmen or exhibiting entities, the producers and the distributors, of the films that are exhibited in cinematographic spectacles, that are responsible inscribed in the tax of the present law, will be able to compute as payment on account of the same, the tax established by subsection a) of article 24 of Law No. 17.741 and its amendment, in the percentages in which the aforementioned subjects participate in the basic price of the locality or ticket referred to in the aforementioned subsection.

Registered managers, who are subject to the tax established by subsection b) of article 24 of Law No. 17,741 and its amendment, may compute as payment on account of the Value Added Tax, ONE HUNDRED PERCENT (100%) of the sums actually paid by the aforementioned tax.

For the purposes of the provisions of the preceding paragraphs, the remainder not computed may not be subject, under any circumstances, to accreditation with other taxes charged to the taxpayers or requests for return or transfer in favor of responsible third parties, and may be transferred to its exhaustion, to future fiscal periods of the tax of this law.

(Second article without a number incorporated after Article 50 replaced by paragraph d), art. 1 ° of Decree No. 1008/2001 BO 14/08/2001. Validity: from the day of its publication in the Official Bulletin. It will have effect for the taxable facts perfected since May 1, 2001, inclusive.)

Article ... - The holders of service stations and hydrants, distributors, fractionators and resellers of liquid fuels that are required to perform the test for the detection of the chemical marker in their fuel purchases as established in second article without number incorporated after article 9 of Law N ° 23.966, Title III, text ordered in 1998 and its modifications, may compute as payment on account of value added tax the amount net of taxes corresponding to purchases of the chemical reagents necessary for the detection of chemical markers, both approved by the Federal Administration of Public Revenues, an autarchic entity within the scope of the Ministry of Economy and Production, which may not exceed the value and must meet the conditions established by the Executive Power national for these purposes.

For the purposes of the provisions of the preceding paragraph, the remainder not computed may not be subject, under any circumstance, to accreditation with other taxes charged to the taxpayers or requests for return or transfer in favor of responsible third parties, and may be transferred to its exhaustion, to future fiscal periods of the tax of this law.

(Article incorporated by Article 1 of Law N ° 26,111 BO 6/7/2006)

ARTICLE 51 - The encumbrance of this law shall be governed by the provisions of Law No. 11,683, text ordered in 1978 and its modifications, and its application, collection and inspection shall be under the responsibility of the GENERAL TAX ADMINISTRATION, and the NATIONAL ADMINISTRATION OF CUSTOMS shall be empowered to the perception of the tax in cases of definitive importation.

ARTICLE 52 - The proceeds of the tax established in this law shall be allocated:

a) The ELEVEN PERCENT (11%) to the national social security scheme, under the following conditions.

1. NINETY PERCENT (90%) for the financing of the national social security scheme, which will be deposited in the account of the SECRETARIAT OF SOCIAL SECURITY.

2. TEN PERCENT (10%) to be distributed among the provincial jurisdictions and the AUTONOMOUS CITY OF BUENOS AIRES, according to an apportioner formed according to the number of beneficiaries of the pension or social security funds of each of those jurisdictions as of May 31, 1991. The amounts arising from said proration will be transferred directly and on a daily basis to the respective savings banks with specific effect to the existing provisional regimes. The apportionment will be made by the aforementioned Undersecretariat based on the information provided by the Federal Tax Commission. Until July 1, 1992, the FIFTY PER CENT (50%) of the proceeds from this point shall be destined to the National Treasury.

When Social Security or Welfare Funds exist in municipal jurisdictions of the provinces, the amount to be distributed to them will be determined based on the total number of existing beneficiaries as of May 31, 1991, in relation to the total number of beneficiaries of the pension systems, national, provincial and the CIUDAD AUTONOMA DE BUENOS AIRES.

NINETY PERCENT (90%) of said amount shall be deducted from the amount to be distributed in accordance with point 1., and TEN PERCENT (10%), as determined in accordance with point 2. The amounts arising from this distribution they will be sent to the provincial jurisdictions, which must distribute them automatically and biweekly to the respective Municipal Savings Banks.

b) EIGHTY NINE PERCENT (89%) will be distributed in accordance with the regime established by Law No. 23,548.

TITLE IX

TRANSITORY DISPOSITIONS

ARTICLE 53 - Grant to the NATIONAL EXECUTIVE POWER to arrange the measures that, in its judgment, are necessary for the purpose of the transition between the forms of taxation that replaced Law No. 20,631 and the lien created by it.

In cases where under schemes that have as their object the sectoral or regional promotion, sanctioned prior to May 25, 1973, preferential treatment has been granted in relation to the lien repealed by Law No. 20,631, the NATIONAL EXECUTIVE AUTHORITY shall provide the scope that said treatment will have with respect to the tax (created by the aforementioned law), in order to ensure the acquired rights, and through these the continuity of the programs undertaken.

When said regimes have been sanctioned after May 25, 1973, the NATIONAL EXECUTIVE AUTHORITY shall regulate the automatic application of such preferential treatment in relation to the tax of the present law, fixing the respective scope in attention to the particularities inherent in the new tax. . The same treatment will be applied to the regime established by Law No. 19.640.

ARTICLE 54 - The computation of fiscal credit corresponding to investments in fixed assets made until the end of the second commercial year or, as the case may be, calendar year, begun after November 24, 1988, shall be governed by the provisions of article 13 of the law on value added tax in force at that date or by the provisions of Decree No. 1689 of November 17, 1988, as applicable, and by the provisions of the second paragraphs of articles 14 and 15 of the aforementioned legal text, except in the case of the sale of the goods and the treatment of those arising from the billing of the items referred to in section 2, of the fifth paragraph of article 10, aspects that shall be governed by the provisions of article 12.

ARTICLE ... - (Article repealed by point l), art. 1 of Decree No. 493/2001 BO 30/04/2001. Validity: for the taxable events that are perfected as of May 1, 2001, inclusive.)

ARTICLE ... - In the cases in which the Executive Power has made use of the faculty of reduction of aliquots provided for in the third paragraph of article 28, in force until March 27, 1997, it may proceed to the increase of the reduced rates, up to limit of the established with general character in said article.

(Second article without number incorporated after Article 54 by Law No. 25,063, Title I, Article 1, paragraph n). Validity: from the day following its publication in the Official Gazette (12/31/1999). It will be effective for the present case from 01/01/1999.)

 

Regulatory Background

- Article ... without number after article 28, replaced by art. 1 ° of Law N ° 27,273 BO 5/10/2016. Validity: the day of its publication in the Official Gazette and will take effect for the taxable events that are perfected as of the first day of the month following that of said publication. For the purposes of the application of the provisions contained in the third and seventh paragraphs of the article without number incorporated after Article 28 of the Law on Value Added Tax, text ordered in 1997 and its amendments, which is incorporated through the reference law, the last quarter calendar should be considered complete;

- Article ... without number incorporated after article 28, ( Note  : See General Joint Resolution 3807 and 1528/2015 of the AFIP and the Chief of Cabinet of Ministers, by which the new billing amounts are determined , according to the type of operation mentioned in this paragraph Effectiveness: as of its publication in the Official Gazette and will be applicable to the operations that are perfected as of December 1, 2015);

- Article ... without number incorporated after article 28, ( Note  : See General Joint Resolution 3807 and 1528/2015 of the AFIP and the Chief of Cabinet of Ministers, by which the new billing amounts are determined , according to the type of operation mentioned in this paragraph Effectiveness: as of its publication in the Official Gazette and will be applicable to the operations that are perfected as of December 1, 2015);

- Article ... without number incorporated after article 28, by art. 1 ° inc. a) of Law No. 26.982 BO 29/9/2014 . Validity: the day of its publication in the Official Gazette and will take effect for the taxable events that are perfected as of the first day of the month following that of said publication. For the purposes of the application of the provisions contained in the third and seventh paragraphs of the article without number incorporated after Article 28 of the Law on Value Added Tax, text ordered in 1997 and its amendments, which is incorporated through the reference law, the last quarter calendar should be considered complete;

- Article without number incorporated after article 24 repealed by art. 1 ° of Law N ° 26.346 , BO 15/1/2008. Validity: see article 2 of the aforementioned Law;

- Article without number incorporated after article 24, ( Note  : By article 3 of Law N ° 26.180 BO 20/12/2006 is extended until December 31, 2007, inclusive, the suspension of this article and its amendments Effective: from the day of its publication in the Official Gazette and will take effect with respect to tax credits whose computation right is generated as of January 1, 2007, inclusive Previous extensions : Law No. 26,073 BO 10/1/2006, Law N ° 25.988 BO 31/12/2004, and, Law N ° 25.868 BO 8/1/2004);

- Article 7 first paragraph, paragraph h), section 28 incorporated by art. 1 ° of Law N ° 26,049 BO 2/8/2005;

- Article 28, inc. a) point 1 replaced by art. 1 ° of Law N ° 25.951 BO 29/11/2004. Validity: from the day following its publication in the Official Gazette;

- Article 28, fourth paragraph, paragraph g), first paragraph replaced by art. 1 ° of Law N ° 25.866 BO 21/1/2004. Validity: from the first day of the month following its publication in the Official Gazette;

- Article without number incorporated after article 24, ( Note : By art 1º a) of Law No. 25,717 BO 10/01/2003 this article is suspended until December 31, 2003. Validity: the This law will have effects for tax credits whose right to computation is generated from the first day of the month of publication of the same - January 2003 -.);

- Article 28, clause a), point 1, replaced by art.1 ° of Law N ° 25.710 BO 08/01/2003;

- Article 28, paragraph a), point 2, replaced by art.1 ° of Law N ° 25.710 BO 08/01/2003;

- Article 28, Schedule attached to subsection e), replaced art. 28 of Decree No. 690/2002 BO 02/05/2002;

- Article 28, Schedule attached to subsection f), replaced art. 29 of Decree No. 690/2002 BO 02/05/2002;

- Article 28, Schedule attached to subsection e), tariff item 8412.80.00 (7) ONLY WIND MILLS, incorporated by art. 1 of Decree No. 1565/2001 BO 03/12/2001;

- Article 28, Schedule attached to subsection f), incorporated by art. 1 ° of Decree No. 1159/2001 BO 12/09/2001. Validity: from the day of its publication in the Official Gazette (09/11/2001). It will take effect for the taxable events that are perfected as of the first day of the month following that of said publication, inclusive (01/10/2001);

- Second Article without number below art. 50 incorporated by pt. g), art. 1 of Decree No. 615/2001 BO 14/05/2001. Validity: will take effect for the taxable events that are perfected as of May 1, 2001, inclusive;

- Article 28, fourth paragraph, subparagraph g), replaced by inc. e), art. 1 ° of Decree No. 733/2001 BO 05/06/2001. Validity: from the day of its publication in the Official Bulletin. It will take effect for the taxable facts perfected as of May 1, 2001, inclusive, except for those cases in which the tax has been transferred, its restitution will not be credited to the respective acquirers or lessees, in which case it will take effect from of the aforementioned entry into force;

- Article 28, fourth paragraph, subparagraph g), replaced by pto. f), art. 1 of Decree No. 615/2001 BO 14/05/2001. Validity: will take effect for the taxable events that are perfected as of May 1, 2001, inclusive;

- Article 7, paragraph h), first paragraph, point 22, replaced by paragraph. c), art. 1 of Decree No. 615/2001 BO 14/05/2001. Validity: will take effect for the taxable events that are perfected as of May 1, 2001, inclusive;

- Article 7, first paragraph, subparagraph a) replaced by pt. b), art. 1 of Decree No. 615/2001 BO 14/05/2001. Validity: will take effect for the taxable events that are perfected as of May 1, 2001, inclusive;

- Article 7, paragraph h), point 10 incorporated by inc. c), art. 1 of Decree No. 496/2001 BO 02/05/2001. Validity: from its publication in the Official Gazette. It will be effective for taxable events that are perfected as of May 1, 2001, inclusive;

- Article incorporated after art. 7th, replaced by pt. e), art. 1 of Decree No. 496/2001 BO 02/05/2001. Validity: from its publication in the Official Gazette. It will be effective for taxable events that are perfected as of May 1, 2001, inclusive;

- Article 28, Schedule attached to subsection e), items 8432.90.00; 8430.69.19; 8501.40.21; 8501.40.29 excluded by art. 2 ° of Decree No. 496/2001 BO 02/05/2001. Validity from its publication in Official Gazette. It will take effect as of May 1, 2001, inclusive;

- Article 28, Schedule attached to subsection e), incorporated by art. 2nd of Decree No. 493/2001 BO 30/04/2001. Validity: it will take effect as of May 1, 2001, inclusive;

- Article 28, fourth paragraph, subsection g) replaced by pt. j), art. 1 of Decree No. 493/2001 BO 30/04/2001. Validity: from its publication in the Official Gazette. It will be effective for taxable events that are perfected as of May 1, 2001, inclusive;

- Article 28, fourth paragraph paragraph e), incorporated by pt. i), art. 1 of Decree No. 493/2001 BO 30/04/2001. Validity: from its publication in the Official Gazette (04/30/2001). It will have effect for the balances in favor that they originate in the computation of fiscal credits by purchases or imports of goods, provision of services and locations, that are made as of May 1, 2001, inclusive;

- Article incorporated after art. 7th, replaced by pt. h), art. 1 of Decree No. 493/2001 BO 30/04/2001. Validity: from its publication in the Official Gazette. It will be effective for taxable events that are perfected as of May 1, 2001, inclusive;

- Article 7, first paragraph, point h), point 22 replaced by point. c), art. 1 of Decree No. 493/2001 BO 30/04/2001. Validity: from its publication in the Official Gazette. It will be effective for taxable events that are perfected as of May 1, 2001, inclusive;

- Article 7 first paragraph, point h), point 21 repealed by point. f), art. 1 of Decree No. 493/2001 BO 30/04/2001. Validity: from its publication in the Official Gazette. It will be effective for taxable events that are perfected as of May 1, 2001, inclusive;

- Article 7, first paragraph, paragraph h), point 11 repealed by pt. f), art. 1 of Decree No. 493/2001 BO 30/04/2001. Validity: from its publication in the Official Gazette. It will be effective for taxable events that are perfected as of May 1, 2001, inclusive;

- Article 7, first paragraph, paragraph h), point 10 repealed by pt. f), art. 1 of Decree No. 493/2001 BO 30/04/2001. Validity: from its publication in the Official Gazette. It will be effective for taxable events that are perfected as of May 1, 2001, inclusive;

- Article 7, first paragraph, paragraph c) replaced by pt. d), art. 1 of Decree No. 493/2001 BO 30/04/2001. Validity: from its publication in the Official Gazette. It will be effective for taxable events that are perfected as of May 1, 2001, inclusive;

- Article 7, first paragraph, subparagraph a), replaced by pt. c), art. 1 of Decree No. 493/2001 BO 30/04/2001. Validity: from its publication in the Official Gazette. It will be effective for taxable events that are perfected as of May 1, 2001, inclusive;

- Article 3, paragraph e), section 20 replaced by pt. a), art. 1 of Decree No. 493/2001 BO 30/04/2001. Validity: from its publication in the Official Gazette. It will be effective for taxable events that are perfected as of May 1, 2001, inclusive;

- Article 50 replaced by pt. k), art. 1 of Decree No. 493/2001 BO30 / 04/2001. Validity: from its publication in the Official Gazette. It will be effective for taxable events that are perfected as of May 1, 2001, inclusive;

- Article incorporated after art. 7th, first paragraph, replaced by pt. 2), art. 1st of Law N ° 25.405 BO 06/04/2001. Validity: from the date of its publication in the Official Bulletin. It will take effect from the effectiveness of Law No. 25,063;

- Article without number incorporated as the first article following the art. 54 by art. 41 of Law N ° 25.401 BO 04/01/2001. Note  : Investment Promotion Regime - Law N ° 23.871 Title II, Article 4, establishes that this article will not be applicable for the calculation of the tax credit corresponding to investments in fixed assets made after 10/31/1990 , which shall be governed by the provisions of article 11 of this law;

- Article 28, subparagraph f) repealed by art. 41 of Law N ° 25.401 BO 04/01/2001. Validity: as of January 1, 2001;

- Article 28, subparagraph e) repealed by art. 41 of Law N ° 25.401 BO 04/01/2001. Validity: as of January 1, 2001, inclusive;

- Article without number incorporated after art. 24 per art. 3rd Law N ° 25,360 BO 12/12/2000;

- Article 50, replaced by inc. k), art. 2nd, Title II of Law No. 25,239 BO 12/31/1999. Validity: from the first day of the month immediately following the entry into force of the aforementioned law (01/01/2000);

- Article 7, first paragraph, paragraph h), point 12 replaced by inc. d), art. 2nd, Title II of Law No. 25,239 BO 12/31/1999. Validity: from the first day of the month immediately following the entry into force of the aforementioned law (01/01/2000);

- Article 7, first paragraph, subparagraph c) replaced by inc. b), art. 2nd, Title II of Law No. 25,239 BO 12/31/1999. Validity: from the first day of the month immediately following the entry into force of the aforementioned law (01/01/2000);

- Article 1 replaced by inc. a), art. 1º, Title I of Law N ° 25,063 BO 30/12/1998. Validity: from the day following its publication in the Official Gazette (12/31/1998). It will take effect for the present case from 01/01/1999;

- Article 7 first paragraph, point h), point 1, first paragraph replaced by inc. e.2), art. 1º, Title I of Law N ° 25,063 BO 30/12/1998. Validity: from the day following its publication in the Official Gazette 12/31/1998. It will take effect for the present case from 01/01/1999;

- Article 7, subsection f), replaced by inc. e), art. 1º, Title I of Law N ° 25,063 BO 30/12/1998. Validity: from the day following its publication in the Official Gazette (12/31/1998). It will take effect for the present case from 01/01/1999;

- Article without number incorporated after art. 26 per inc. h), art. 1º, Title I of Law N ° 25,063 BO 30/12/1998. Validity: from the day following its publication in the Official Gazette (12/31/1998). It will take effect for the present case from 01/01/1999;

- Article 27 replaced by inc. i), art. 1º, Title I of Law N ° 25,063 BO 30/12/1998. Validity: from the day following its publication in the Official Gazette (12/31/1998). It will take effect for the present case from 01/01/1999;

- Article incorporated after art. 7th by inc. e.6), art. 1º, Title I of Law N ° 25,063 BO 30/12/1998. Validity: from the day following its publication in the Official Gazette (12/31/1999). It will take effect for the present case from 01/01/1999;

- Article 7, first paragraph, subparagraph h), point 11 replaced by inc. e.4 bis), art. 1º, Title I of Law N ° 25,063 BO 30/12/1998. Validity: from the day following its publication in the Official Gazette (12/31/1999). It will take effect for the present case from 01/01/1999;

- Article 7, First paragraph, subparagraph a) replaced by inc. d.1), art. 1º, Title I of Law N ° 25,063 BO 30/12/1998. Validity: from the day following its publication in the Official Gazette (12/31/1999). It will take effect for the present case from 01/01/1999. Note: Expression "In all cases the exemption will correspond to whatever the medium or medium used for its dissemination." Observed by the Executive Power through Decree No. 1517/98, art. 1, inc. to). Insistence of the sanction by the Chamber of Deputies and Senators, PE - 242/99 (BO 02/08/1999);

- Title V, article 29 replaced by art. 2nd of Law N ° 24.977 BO 06/07/1998. Validity: from its publication in the Official Gazette. It will take effect from the first day of the month following the publication (01/08/1998);

- Article 7, first paragraph, paragraph h) point 16 section 9) incorporated by art. 1º of Law N ° 24,920 (BO 12/31/97). Validity: As of 09/01/1997;

- Article 12 bis (current article 14) incorporated by art. 4th of Law N ° 24,452 BO 02/03/1995.

TAXES

Decree 692/98

Approved the regulation of the Law of Value Added Tax, text ordered in 1997 and its modification. Derogate Decree No. 2407 and its amendments.

  Bs As, 11/6/98

HAVING SEEN Decree No. 2,407 dated December 23, 1986 and its amendments, regulation of the Law on Value Added Tax, text ordered in l997 and its amendment, and

CONSIDERING:

Attentive to have ordered the rules of the law of tribute, by Decree No. 280 dated March 26, 1997, corresponds to proceed correlative ordering of its regulatory provisions.

That the multiplicity and, on certain occasions, the complexity of the various operations achieved by the tax, has in some cases generated a series of doubts as to the scope and correct interpretation of its provisions.

That said situation may lead to discrepancies in criteria that induce those responsible to erroneously determine the tax.

Attentive to the circumstances indicated, it is convenient to complement or, where appropriate, adjust the wording of the regulations, in order to achieve greater precision in the application of the tax.

That at the same time, the large number of amendments that were incorporated into the aforementioned regulation, as well as its adaptation to the situations indicated above, make it necessary in this instance the complete replacement of its text.

That to that end it is appropriate to approve a new regulatory text, replacing that established by Decree No. 2,407 / 86 and its amendments, which is repealed by this act.

That the GENERAL DIRECTORATE OF LEGAL AFFAIRS of the MINISTRY OF ECONOMY AND PUBLIC WORKS AND SERVICES has taken the corresponding intervention.

That the present is dictated by the powers conferred on the NATIONAL EXECUTIVE POWER by article 99, paragraph 2 of the NATIONAL CONSTITUTION.

Thus,

THE PRESIDENT OF THE NATION ARGENTINA

DECREE:

ARTICLE 1.- Approve the regulations of the Law on Value Added Tax, text ordered in 1997 and its amendment, which as an annex forms part of this decree.

ARTICLE 2.- Decree No. 2.407 dated December 23, 1986 and its amendments will be repealed.

ARTICLE 3º.- The provisions of this decree shall enter into force on the day of its publication in the Official Gazette and shall take effect as of the entry into force of the norms that regulate, with the exceptions set forth in Decrees No. 2,633 of December 29 of 1992, No. 846 of April 26, 1993 and No. 644 of July 11, 1997 and except in the case of sales, works, locations or services included in articles 5; 6th; 8th; l5; 16; 19; 22; 29; 36; 39; 40; 51; 52; 62 and 88 of the regulatory text that is approved by the present, made prior to the date of said publication applying criteria different from those established in the aforementioned regulations, in which the tax having been transferred does not prove its refund or, where appropriate , the tax has not been included in the transactions, it is not possible to transfer it extemporaneously to the respective tenant purchasers or borrowers because the operations have been finalized and invoiced, or in which another moment has been considered as an improvement of the taxable event, in whose case will have effect for the taxable events that are perfected from it.

ARTICLE 4º.- Communicate, publish, give to the National Directorate of the Official Registry and file.-MENEM- Jorge A. Rodríguez- Roque B. Fernández- Raúl E. Granillo Ocampo.

TAX ON ADDED VALUE

REGULATION

I - OBJECT, SUBJECT AND BIRTH OF THE TAXABLE FACT

OBJECT

Movable things of foreign origin

ARTICLE 1.- For the purposes provided in subparagraph a) of article 1 of the law, movable things of foreign origin shall only be considered situated or placed in the territory of the country when they have been permanently imported.

Final importation

ARTICLE 2.- For the purposes of the law and this regulation, definitive import shall be understood as the import for consumption referred to in the Customs Code.

Goods susceptible to own individuality

ARTICLE 3.- For the purposes of the provisions of subsection a) of article 2 of the law, the incorporation of personal property, of own production, in the case of leases, provision of services or execution of works, exempt, shall be considered sale. or not reached by the assessment.

Works carried out on own property

ARTICLE 4.- For the purposes of the provisions of subsection b) of article 3 of the law, works will be understood as those improvements (constructions, extensions, installations) that, in accordance with building codes or similar provisions, they are subject to denunciation, authorization or approval by the competent authority.

When by the location of the property there is no such obligation, the quality of improvement will be determined by similarity with the treatment indicated above in force in the same Municipality or Province or, failing that, in the nearest Municipality or Province.

ARTICLE 5º.- The sale of the works referred to in subsection b) of article 3 of the law, made by the subjects included in subparagraph d) of article 4, is not reached by the tax, when for a period of time continuous or discontinuous of THREE (3) years -followed to the date on which the deed of transfer of title is extended or possession is granted, if this act were previous-, they would have remained subject to lease, or real rights of usufruct, use, room or antichresis.

The provisions of the preceding paragraph shall also apply, when the sale is made by any of the members of a consortium treated as a condominium, including cases in which, for the same period as previously stated, it would have affected the property at home.

Material support

In the situations foreseen in this article, in the fiscal period in which the sale takes place, the tax credits duly computed, attributable to the transferred good, must be reintegrated.

ARTICLE 6.- The exclusion provided in the second paragraph, of subsection c), of article 3 of the law, shall apply when the provision of the service exempted or not achieved by the tax and the good by which it materializes, comply with the following conditions concurrently:

a) that both obligations -provision and delivery of the good- be perfected jointly;

b) that there is a binding relationship of a natural, functional, technical or legal nature, from which the annexation of one to another necessarily derives; Y

c) that the elaborated "movable thing" constitutes simply the material support of the main obligation.

Street lighting service

ARTICLE 7.- The exception provided in article 3, paragraph e), point 5., of the law, regarding the public lighting service, does not include the supply of energy to the providers of said service.

Benefits. Operations included

ARTICLE 8.- The benefits referred to in point 21., of subsection e), of article 3 of the law, include all obligations to give and / or to do, for which a subject is obliged to execute a Through the exercise of their activity and through a specific remuneration, a job or service that allows them to receive a benefit.

Transfers or assignments of the use or enjoyment of rights, except when they imply a financial service or a concession of industrial or commercial exploitation, circumstances that will also determine the application of the tax on the benefits that originate when the latter constitute obligations not to do.

Derivative instruments and / or contracts

ARTICLE 9º.- The benefits generated by derivative instruments and / or contracts, including the conclusion of the instrument, its subsequent negotiation and the compensations or liquidations as a result of its resolution or in compliance with its stipulations, without transfer of the assets or underlying services, do not constitute benefits included in article 3 of the law.

On the other hand, if, as a consequence of the resolution of the instrument or as a result of compliance with its stipulations, taxable events included in Article 1 of the law are generated, these will be subject to the treatments provided by it and by this regulation that are applicable to them. .

Notwithstanding what is stated in the first paragraph, when a set of derivative instruments linked together, or a component element or several of them of the same instrument, denote that according to the principle of economic reality, the parties have made a transaction or benefit taxed by the tax, the rules provided in the law and in this regulation for these transactions will apply.

Likewise, when a set of transactions with derivative instruments and / or contracts is equivalent to another transaction or financial transaction with a treatment established in the law of the tax, the rules of the transactions or operations resulting therefrom shall be applied to said group. equivalent.

Interest originated in exempt or unencumbered transactions

ARTICLE 10.- The interest originated in the financing or the deferred payment or out of term, of the price corresponding to the sales, works, leases or benefits, are reached by the tax even though the operations that gave rise to its determination are exempt. or not taxed.

Location of safe deposit boxes

ARTICLE 11.- For the purposes of the provisions of article 3, paragraph e), point 21., of the law, it is considered that the service provided through the so-called "location of safe deposit boxes", constitutes a benefit included in the provisions of the aforementioned legal norm.

Shares, government securities and other securities

ARTICLE 12.- The exclusion provided in section i), of item 21., of subsection e), of article 3 of the law, includes the shares, public securities and other securities, regardless of whether the transactions with the whether or not they constitute fungible goods.

SUBJECT

Heirs and legatees

ARTICLE 13.- In the case of the heirs and legatees referred to in subsection a) of article 4 of the law and while the state of hereditary indivision is maintained, the administrator of the estate or the executor shall be responsible for the payment of the tax. that could correspond, being them of application the arranged thing in the article 16 of the Law Nº 11.683, text ordered in 1978 and its modifications.

Responsible for services and locations

ARTICLE 14.- Taxpayers are subject to the tax in the case of the provision of services or locations indicated in paragraphs e) and f) of article 4 of the law, both those who make them directly and those who perform them as intermediaries, in the latter case as long as they do it on their own behalf.

Non-corporate groupings

ARTICLE 15.- The exclusion provided in the second paragraph "in fine", of article 4 of the law, will only be appropriate when the professional works or the other services included in the aforementioned rule, are performed and billed in a personal capacity by each of the intervening parties, as long as they are natural persons.

However, when such work or benefits are not performed on an occasional basis and on a personal basis, the collective entity that groups the professionals or providers that perform them will be the subject, even in those cases in which the consideration must be set judicially. and one or more natural persons, members of the group, assume the representation of the same, a circumstance of which must be expressly recorded in the respective file, in the manner and conditions established by the FEDERAL ADMINISTRATION OF PUBLIC INCOME, autarchic entity in the scope of the MINISTRY OF ECONOMY AND PUBLIC WORKS AND SERVICES, in order to determine the correct incidence of the tax in the corresponding regulation of fees.

Endorsement or transfer of documents

ARTICLE 16.- In the cases of purchase and discount, by means of endorsement or transfer of documents, such as promissory notes, letters, pledges, commercial papers, mutual contracts, invoices, etc., that include financing interests, are subject to the tax. for the benefit corresponding to the latter, who are holders of the credit at the time of any of the circumstances provided in point 7., paragraph b), article 5 of the law.

The foregoing shall not apply when the operation acts as transferor or transferee a financial entity subject to the regime of Law No. 21,526 and its amendments and the transferor or, where appropriate, administrator or agent of the portfolio designated for this purpose , whether a subject residing in the country that formally assumes the status of collector of the negotiated documents, or when in the transaction made the transferee is a subject settled abroad.

The financial entities included in the previous paragraph must supply monthly to the FEDERAL ADMINISTRATION OF PUBLIC REVENUES, an autarchic entity within the scope of the MINISTRY OF ECONOMY AND PUBLIC WORKS AND SERVICES, according to the norms that it establishes, the payroll of the operations carried out in the indicated conditions, informing the name or denomination of the assignor, administrator or designated collecting agent, the amount of the financing interests included in the negotiated documents and the expiration date thereof.

BIRTH OF THE IMPOSSIBLE FACT

Exchange of primary products

ARTICLE 17.- For the purposes of the provisions of the third paragraph of subsection a) of article 5 of the law, it shall be admitted that the consideration paid by the primary producer is not made through the delivery of the committed goods, only in those cases in which the impossibility of compliance is reliably demonstrated.

Likewise, in those cases in which the exchange transaction does not cover the entire transaction, the aforementioned standard will only be applicable with respect to the proportion attributable to the first one.

Provision of electricity, water or gas, regulated by meter

ARTICLE 18.- The provisions of the first paragraph of subsection a) of article 5 of the law, referring to the improvement of the taxable event in the cases of provision of electricity, water or gas, regulated by meter, shall only apply when the The deadlines established for the payment correspond to uniform deadlines established collectively for the users of the services, excluding the individual transactions that do not meet that specific characteristic, which will be included in the general provisions of the aforementioned legal regulation or, as the case may be, in the provisions of this regulation for the so-called "continuous services".

Test or trial contracts

ARTICLE 19.- In the cases of contracts concluded to test or test, the circumstances foreseen in subparagraph a) and in point 1. of subsection b), of the article 5º of the law, will be perfected with the provisional delivery of the goods .

If at the end of the trial period there is a total or partial return of the goods or a reduction of the price originally agreed upon, the provisions set forth in the second paragraph of article 11 and in subsection b) of article 12, shall apply. the law.

Endorsement or transfer of documents

ARTICLE 20.- In the case of purchase and discount transactions, by endorsement or transfer of documents, such as promissory notes, bills, pledges, commercial papers, mutual contracts, invoices, etc., the termination of the service to which the subsection b), of article 5 of the law, will take place when the same take place, at which time the taxable event that they generate will be perfected.

Continuous services

ARTICLE 21.- When the modality of the benefit does not expressly fix the moment of its completion -as in the case of the so-called "continuous services" -, it will be understood that it has cuts resulting from the existence of a base period of monthly invoicing, considering, for the purposes provided in subsection b), of article 5 of the law, that the taxable event is perfected at the end of each calendar month.

Interests that are agreed and charged against the sale price

ARTICLE 22.- In the case of the interests referred to in point 2), of the fifth paragraph of article 10 of the law -including those included in its second paragraph-, when they are agreed upon and invoiced, discriminated against from the price of the sale, work, lease or benefit, the taxable event that they originate will be perfected according to the provisions of point 7., of subsection b), of article 5 of the same legal regulation.

The same treatment will apply to the taxable events originated in the interests referred to in the seventh paragraph of the aforementioned article 10 of the law, corresponding to the deferred payment for the sale of works made directly or through third parties on own property and in surcharges of the insurance or reinsurance policies referred to in the ninth paragraph of the same legal standard, which do not make up the net taxable value of the aforementioned operations.

Amounts debited from the borrower's account

ARTICLE 23.- For the purposes of the provisions of subsection b) of article 5 of the law, the amounts debited in the account of the borrower will be considered to be collected, except when they do not mean a real transfer of resources to the provider, rather, they constitute a mere formal procedure required by legal or judicial standards, or established by official regulatory bodies, in the exercise of their own powers.

Reasonable and / or punitive interests

ARTICLE 24.- When, as a consequence of the breach in the payment of the encumbered transaction, there are generated compensatory and / or punitive interests, the improvement of the taxable event attributable to them will occur at the moment of its collection. For these purposes, the interest will be considered to be received when there is a real transfer of resources in favor of the beneficiary motivated by a payment in cash or in kind, or by a debit in the borrower's account as established in the previous article.

In the case of refinancing, when the compensatory and / or punitive interests have been capitalized for the calculation of the new amount owed, the taxable event corresponding to said interests will be perfected at the moment of the expiration of the term established for the new income. or in that of his perception, total or partial, whichever is earlier. For the purposes of calculating the tax, capitalized interest will be considered distributed proportionally to the new agreed conditions.

Signs or advances that freeze price

ARTICLE 25.- When the signs or advances that freeze the price referred to in the last paragraph of article 5 of the law, correspond to works carried out directly or through third parties on their own property, the taxable event will be perfected on the totality of said payments .

However, when the responsible party considers that the signs or advances received are equivalent to the proportion attributable to the work subject to the tax, it may request authorization not to liquidate and enter the tax for the remainder of the price that is not reached by the tax, in accordance to the formalities and requirements established by the FEDERAL ADMINISTRATION OF PUBLIC REVENUES, self-sufficient entity within the scope of the MINISTRY OF ECONOMY AND PUBLIC WORKS AND SERVICES.

Consortiums

ARTICLE 26.- For the purposes of subsection e), of article 5 of the law and of article 4 of this regulation, in the case of consortiums that own properties -organized as civil or commercial companies- that carry out the works envisaged in subsection b), article 3 of the law, will be considered the moment of transfer of the property, to the act of awarding the respective units.

II - EXEMPTIONS

Banknotes

ARTICLE 27.- The exemption provided in article 7, subsection b), of the law, referred to banknotes, includes the tickets to the order of all the classes issued by the States or authorized issue banks, to be used as fiduciary signs both in the countries of issue and in the other countries.

Gold stacked or in bars

ARTICLE 28.- The exemption provided in article 7, subsection d), of the law, will also be applicable when the commercialization of the goods included in said norm is carried out by houses or exchange agencies, authorized to operate by the CENTRAL BANK OF THE ARGENTINE REPUBLIC

Sales to final consumers. Fluid or powdered milk

Resale of medicinal specialties. Definitions

ARTICLE 29.- For the purposes of the exemption provided for in article 7, subsection f), of the law, it shall be understood that the buyers have the quality of final consumers, when the magnitude of the transaction can be presumed to be carried out with said subjects and as long as the habitual activity of the transferor consists in carrying out transactions with the aforementioned acquirers, considering for such purposes that the latter are those natural persons who acquire the goods reached by the exemption to be used exclusively for their particular use or consumption and as long as they do not affect them in subsequent stages to some process or activity.

According to the provisions of the aforementioned legal norm, "ordinary natural water" is considered to be all ordinary natural waters, whether or not they are subject to drinking water treatment processes, and seawater, mineral waters, gaseous waters or seawater are not included in the exemption. those that have undergone processes that alter their basic properties, as well as the provision of water through networks, regulated or not by meters or other parameters, included within the so-called public services.

The ordinary natural water referred to in the previous paragraph is that which is sold fractionally or packed, either in premises or businesses where it is purchased, as well as through other marketing methods that have buyers as subjects who are the quality of final consumers.

Likewise, fluid or powdered milk, whole or skim milk, without additives and common bread, included in the aforementioned exentive rule, only includes the products defined in articles 558; 559; 562; 567; 568 and 569 and in articles 726 and 727, respectively, of the National Food Code.

Similarly, the resale of medicinal specialties for human use, carried out by establishments duly authorized by the competent authority, which fulfill similar functions to drugstores or pharmacies, is considered to be included in the exemption provided, provided that, also in these cases, has taxed the import or manufacturing stage.

Insurance, reinsurance and retrocession operations

ARTICLE 30.- The insurance, reinsurance and retrocession operations, referred to in point 2), of subsection h), of article 7 of the law, only include the contracts signed by insurance entities for that purpose and are governed by the rules of the INSURANCE SUPERINTENDENCY OF THE NATION.

Health, medical and paramedical benefits

ARTICLE 31.- The exemption of health care, medical and paramedical services, provided in article 7, subsection h), point 7), of the law, will be appropriate when they are performed directly by the contracted provider or indirectly by intervening third parties, whether the latter invoice the assistance entity, or the user of the service when it comes to reimbursement systems, in all cases must have a certificate issued by the original provider, certifying that the services are included in the benefit granted.

Likewise, for the purposes provided in the last paragraph of the aforementioned legal regulation, similar services, including emergency services, provided or contracted by cooperatives, mutual entities and prepaid medical systems, shall be considered included in the exemption. directly or through third parties, as long as they correspond to benefits that they must provide to their associates or adherents and as long as the aforementioned entities are registered and / or authorized by the competent national, provincial or municipal bodies, when the respective jurisdictions so require .

With respect to direct payment that, as a co-insurance or in case of lack of services, beneficiaries of social, cooperative, mutual or prepaid medical systems must perform, the exemption will be appropriate as long as said circumstances are included in the corresponding vouchers that must be paid. issue the service providers.

For this purpose, it will be understood that it has the quality of co-insurance, the complementary payment that the beneficiary must make when the benefit is covered by the system -including the so-called reimbursement-, only partially, whatever the percentage of coverage , as well as the additional amount that must be paid for services or goods not covered, but which are an essential part of the main benefit included in the benefit.

Regarding the payment for lack of services referred to in the exentive rule, it only covers situations in which the beneficiary pays a benefit that, being covered by the system, for circumstantial reasons is not provided by the same, in which case have the corresponding proof that supports such contingency.

Stock boxes. Entities governed by Law No. 21,526 that act as capital market operators

ARTICLE 32.- The exemption provided in point 9), subsection h), of article 7 of the law, is comprehensive of the benefits performed by the so-called "securities funds" and is extended to the entities governed by the Law No. 21,526, regarding the services performed in their capacity as capital market operators in functions similar to the subjects indicated in the aforementioned standard.

Film production and distribution

ARTICLE 33.- The exemption provided in article 7, subsection h), point 11), of the law, does not include the production and distribution of advertising films and tape or other recordings made with the same purpose, intended to be exhibited in movie theaters or television stations.

Transport service

ARTICLE 34.- The exemption provided in article 7, subsection h), point 13), of the law, includes all transportation-related services that complement and have the sole purpose of serving the same, such as: loading and unloading, stowage - with or without containers -, slinging, temporary import and export warehousing, towing, towing, pilotage, piloting and other supplementary services carried out within the primary customs area, as well as those provided by maritime transport agents , land or air, in their capacity as legal representatives of the owners or shipowners abroad. However, the treatment established by article 43 of the law, which provides for the aforementioned rule, will be applicable in these cases, when the franchise contained therein has been considered for the determination of the price of said benefits.

The provisions of the preceding paragraph shall apply to the extent that said related services are provided to those who perform the exempt transportation that involves them, or are invoiced by the latter for the recovery of expenses.

In the same way, the exemption will be applicable regardless of the characteristics adopted by the transport in order to meet its objective (security, shelter, maintenance or similar), as long as they are appropriate to the type of goods transported.

Likewise, transportation carried out between the continental national territory and the special customs area established by Law No. 19.640, shall be considered included in the exemption established by the legal norm referred to in this article in its first paragraph.

Loans and financial benefits

ARTICLE 35.- The exemption provided in section 1, of point 16), of subsection h), of article 7 of the law, with respect to deposits in cash in national or foreign currency, only includes those that constitute a placement or financial benefit, for which the depositor receives the corresponding remuneration, such treatment being extended to the other transactions related to them, but not to those originated in deposits that do not have such character, as in the case of those consigned to so-called "current accounts" that do not accrue interest.

With respect to the various forms of deposits referred to in the aforementioned legal regulation, it is considered that it includes the raising of funds originated in the transactions of mediation in financial transactions between third parties, carried out by entities governed by Law No. 21,526 .

Likewise, the exemption granted to the loans made between the institutions mentioned in the previous paragraph, is referred to the so-called "money money" operations, the placements made by them in the CENTRAL BANK OF THE ARGENTINE REPUBLIC and the other operations defined. as "loans between financial entities" by the aforementioned Central Bank.

Interest on housing loans

ARTICLE 36.- For the purposes of the provisions of section 8., of point 16), of subsection h), of article 7 of the law, the exemption will be applicable even when it concerns interest corresponding to the financing of the price agreed by the purchase, construction or improvement of housing or originate in loans that are intended to replace, renew or refinance those that would have had the mentioned affectation and provided that it is proven that they have the purpose of canceling the latter.

For the purposes set forth in the aforementioned legal regulation and in this article, "improvement" shall be understood as the works that meet the requirements set forth in article 4 of this regulation.

Also, in all cases, the documentation supporting the operation must contain an express statement from the borrower stating that the loan will be affected to a home that constitutes or will constitute his own home, as well as, when it comes to improvements, the necessary evidentiary elements that accredit his condition of such, in agreement to the foreseen thing in the previous paragraph, owing in both cases to adjust to the form and conditions that in the respect establishes the FEDERAL ADMINISTRATION OF PUBLIC INCOMES, self-sufficient entity in the scope of the MINISTRY OF ECONOMY AND PUBLIC WORKS AND SERVICES.

Pass operations

ARTICLE 37.- The exemption provided in section 2., of point 16), of subsection h), of article 7, of the law, referring to the operations of the transfer of securities, shares, foreign currency or foreign currency, is comprehensive of the bonds, which with the same purpose, are made with said assets.

Real estate location

ARTICLE 38.- The exemption provided in article 7, subsection h), point 22), of the law, will not be applicable when dealing with temporary locations of buildings in buildings in which services similar to those included in the contract are performed. Article 3, paragraph e), point 2., of the same rule.

Granting of concessions

ARTICLE 39.- The exemption provided in article 7, subsection h), point 23), of the law, only includes public concessions, granted by the National State, the Provinces, the Municipalities and the Autonomous City of Buenos Aires, as well as by the institutions belonging to them, including the entities and organizations referred to in article 1 of Law No. 22,016.

Geriatric Establishments

ARTICLE 40.- The exemption provided in article 7, subsection h), point 25), of the law, is appropriate with respect to the amounts that for the payment of the services rendered by geriatric establishments take charge of the social works included in the aforementioned norm, whether they do so directly or through the so-called reimbursement or subsidy regimes, as long as there is the respective supporting documentation, issued by said entities, that endorses such circumstance.

Export

ARTICLE 41.- For the purposes of the provisions of subsection d) of Article 8 of the law, it shall be understood as an export, the definitive departure from the country of goods transferred for consideration, as well as the simple remission of branch or subsidiary to branch or subsidiary or head office and vice versa.

It is considered configured the departure from the country with the completion of shipment, provided that the goods actually leave the country in that shipment.

Likewise, in the cases provided for in section e), of article 3 of the law, it shall be understood that the quality of exports, those services performed in the country whose use or effective exploitation is carried out abroad, are considered to be.

Suspensive destination of temporary export. Reimportation

ARTICLE 42.- The non-submission to the imposition of taxes that Article 356 of the Customs Code provides for reimportation, in compliance with the obligation assumed in the temporary export regime, will only be verified in full with respect to the encumbrance of the Law of Value Added Tax, when:

a) the goods are re-entered in the same condition as when they were exported, this condition being considered fulfilled even if, during their stay abroad, they had been used, damaged, broken, damaged or had undergone an indispensable treatment for their conservation or maintenance, or

b) The temporary exit of the country had as its sole purpose to carry out repairs or other benefits free of charge abroad, with a charge to the guarantee granted at the time of the acquisition of said goods abroad and included in the respective price thereof.

In all other cases, of the total tax resulting from the application of the Value Added Tax Law and this decree, only the part of the same attributable to the value of the goods left under the temporary regime shall be exempt, it being understood that such value is the corresponding to said assets in the state in which they had left.

Exemptions for a given destination

ARTICLE 43.- In all cases in which total or partial exemptions of the Value Added Tax Law are agreed upon by reason of a specific destination, the sellers, landlords or, as the case may be, the GENERAL ADMINISTRATION OF CUSTOMS, dependent on the FEDERAL ADMINISTRATION OF PUBLIC INCOMES, self-sufficient entity in the field of the MINISTRY OF ECONOMY AND PUBLIC WORKS AND SERVICES, must leave express record in the invoice or, where appropriate, in the dispatch to place or equivalent documents, that the operation enjoys tax exemption , indicating the pertinent norm and the aliquot of the tax or the part of the same not applicable by virtue thereof.

The sellers or landlords must keep in their possession a duplicate formed by the purchaser or tenant referred to the terms of the aforementioned record, or an acknowledgment signed by the latter that the operations that are held after the same must enjoy the franchise tax, indicating the relevant standard and the tax rate or the part of the tax that is not applicable. This recognition will be valid until its revocation is notified or there are changes in relation to the franchise, which will require a new recognition.

III - LIQUIDATION

TAXABLE BASE

Concepts that do not integrate the net price charged

ARTICLE 44.- The taxed net price referred to in article 10 of the law is not included, the taxes that, having as taxable event the same taxed transaction, are consigned in the invoice separately and insofar as their amounts coincide with the income that in such concept is made to the respective treasuries.

In such cases, such taxes shall not include the net price of the subsequent taxed operations in which they may affect, provided that they are included in the invoices separately. Likewise, they shall not include the net price of the taxed operations, insofar as they have an impact on them and are recorded separately, the charges of the Internal Tax Law that fall on acquisitions exempt from the tax of the Value Added Tax Law. .

In the case of taxes of the Internal Tax Law, it will be understood for the purposes of the first paragraph of this article, that they have as a taxable event the same taxed transaction, when the sale referred to by said law is verified with respect to the same good. operation originates the tax of the Law of Value Added Tax.

In the operations referred to in article 39 of the law, the discrimination referred to in the preceding paragraphs may be omitted.

Works on buildings

ARTICLE 45.- In the cases foreseen in the sixth paragraph of article 10 of the law, when the signs or advances referred to in the last paragraph of article 5 of said norm have been received, they must be fully affected by the price part. attributable to the work subject to the tax.

Net price. Definition. Reaches

ARTICLE 46.- The definition of net price that arises by application of the provisions of the Law of Value Added Tax and this regulation, will only have effect for the purposes of determining the tax created by it.

Transfer of real estate not covered by the tax, including the value of the encumbered assets

ARTICLE 47.- In the case envisaged in the eighth paragraph of article 10 of the law, the assets whose sale is taxed are those that, regardless of their accession to the real estate, have for the person responsible the nature of assets of exchange or goods of use.

Endorsement or transfer of documents

ARTICLE 48.- For the purposes set forth in article 10 of the law, in the cases of purchase and discount operations, through the endorsement or assignment of promissory notes, letters, pledges, commercial papers, mutual contracts, invoices, etc., the tax base will be that resulting from the difference between the final value of the credit and the amount paid by the purchaser.

For this purpose, if there are no discriminated interests, the final value of the credit will be that recorded in the negotiated instrument.

When there are discriminated interests, they will be added to the aforementioned value and, in cases where they were not determined, their calculation will be made, on a definitive basis, based on the relevant variables at the time of the endorsement or assignment.

The procedure provided in the previous paragraph will not apply when the signer of the document is the endorser or transferor, even if the interests are documented, considering in this circumstance that the taxable event corresponding to them is perfected in accordance with the provisions of point 7., paragraph b), article 5 of the law.

Foreign currency operations

ARTICLE 49.- Operations in foreign currency that do not have their own duly authorized exchange rate shall be converted at the exchange rate of the BANCO DE LA NACION ARGENTINA, at the close of the day prior to the day in which the taxable event is perfected.

FISCAL DEBIT

Returns Rescissions Discounts

ARTICLE 50.- The provisions of the second paragraph of article 11 of the law shall apply in the cases of refunds, terminations, discounts, discounts or reductions obtained with respect to transactions that would have resulted in the computation of the tax credit provided in articles 12 and following of the law and in the proportion in which the latter was duly carried out.

FISCAL CREDIT

Restrictions for its computation. Cases in which the limitation does not operate

ARTICLE 51.- For the purposes of the provisions of point 1., subparagraph a) of the third paragraph, of article 12 of the law, vehicles defined as such by article 5, subsection a) shall be considered "automobile". of Law No. 24,449. The previous definition does not include those vehicles conceived and intended for the transport of patients -ambulances-.

Also, as regards the exception established in the same rule, it should be understood that the expression "similar" is aimed at those subjects engaged in the commercialization of services for third parties, through remuneration, under the conditions and prices set by the companies for which they act, leaving the risk of the operation in charge of them.

ARTICLE 52.- The restriction for the computation of the tax credit provided in point 3., of the third paragraph, of subsection a) of article 12 of the law, shall not apply when the tenants or borrowers are in turn landlords or lenders. of the same services indicated therein, or when the contracting of these is for the purpose of holding conferences, congresses, conventions or similar events, directly related to the specific activity of the contracting party.

Nor shall such restriction apply to the provisions of point 4. of the aforementioned legal norm, when the clothing and accessories included therein, have for the acquirer or importer the nature of exchange goods, or by their characteristics are of use exclusive in workplaces (overalls, shirts with logos, gloves, masks, boots, etc.), excluded, in the latter case, those items that serve, are necessary or are intended, indistinctly, outside and within the workplace.

Apportionment

ARTICLE 53.- The apportionment referred to in article 13 of the law must be made on the basis of the net amount of the respective operations of the corresponding commercial year or calendar year, depending on whether the persons responsible are annotated and practice trade balances or do not meet those requirements, respectively.

Special activities. Amounts of operations that do not coincide with the tax base. Calculation of apportionment

ARTICLE 54.- When depending on the characteristics of the activity, the amount of the operations, taxed, exempt and not taxed, that must be considered in accordance with the provisions of the previous article, does not coincide with the amount that results from applying to each of them the provisions of the law of tribute and this regulation for the determination of the taxable base, the latter is the one that must be considered for the purposes of the apportionment established in article 13 of the aforementioned legal regulation

Inapplicability of apportionment

ARTICLE 55.- Article 13 of the law will not be applicable, in cases where there is physical incorporation of goods or direct services, nor when the proportion in which the respective appropriation must be made can be known. If this knowledge is acquired in a fiscal year subsequent to the purchase, import, lease or provision of services, the corresponding adjustment must be made in accordance with the procedure provided in the third paragraph of said article 13.

Credit documentation

ARTICLE 56.- For the cases in which the encumbrance that was invoiced to the person responsible for purchase or definitive importation of goods, leases or services -including the one coming from investments in fixed assets- does not give rise to the computation of the credit fiscal, as a result of not having verified the condition provided in the last paragraph of Article 12 of the law, the FEDERAL ADMINISTRATION OF PUBLIC REVENUES, self-sufficient entity in the field of the MINISTRY OF ECONOMY AND PUBLIC WORKS AND SERVICES, shall provide the form in which be documented at the time when its application is appropriate.

Real estate agents. Calculation of the tax credit

ARTICLE 57.- Registered managers who are tenants of properties in which they develop taxed activities, may compute as a tax credit, in the terms established by law and this regulation, the value added tax corresponding to the provision of running water , gas or electricity, the provision of telecommunications services or other provisions or benefits of a similar nature, that the companies providing or providing such goods or services invoice for said properties on behalf of a third party, whether the owner thereof or his previous tenant.

The computation referred to in the preceding paragraph will be appropriate insofar as the payment of the invoices involved are at the expense of the tenant, provided that such obligation is expressly stipulated in the current lease agreement or, failing that, I have agreed with the landlord through a note signed by both.

Donations and deliveries for free. Credit refund

ARTICLE 58.- If an inscribed responsible person allocates goods, works, leases and / or benefits of taxed services, for donations or free deliveries, whatever his / her concept, he / she must reimburse in the fiscal period in which such event occurs, the credit for tax that has been computed -according to the rules of the law and this regulation- for goods and / or services and / or locations, employees in obtaining the goods, works and / or locations and / or services in question, updated according to the variations of the index mentioned in article 47 of the law, between the month in which it was computed and the one to which said reimbursement corresponds, with the limitations established in the second paragraph of the aforementioned legal regulation

PURCHASE OF GOODS USED TO FINAL CONSUMERS

ARTICLE 59.- The credit resulting from the application of article 18 of the law shall be considered, for all purposes, as a tax invoiced to those responsible, its computation being subject to the provisions that in the law and this regulation govern the tax credit; for such purposes, the net amount of the operation shall be understood as the net price corresponding to the application of said article.

COMMISSIONERS OR CONSIGNEES

ARTICLE 60.- The tax credit that accrue to the responsible persons indicated in the first paragraph of article 20 of the law, shall be computable to the extent that it is recorded separately in the liquidation that they practice to the enrolled principal. , and integrate the amounts that are paid to the operation.

TOURISM SERVICES

ARTICLE 61.- When those responsible for tourism services include in their provision the supply of tickets, either for transports made in the country or abroad, they may deduct, for the purposes of determining the tax base, the price that they receive for this concept, provided their explicit discrimination in the bill that extends for such services. Said deduction may not exceed the price of the respective tickets, according to the rates approved by the pertinent agencies.

In the cases in which the transport is carried out with own means by the same tourism service provider, the amount to be deducted for such concept may not exceed the current value in place of the tickets for transports of similar characteristics.

SPECIAL REGIME

ARTICLE 62.- The regime established in article 23 of the law, does not include the concession contracts for public telecommunications services, gas, electricity, running water, sewage and sewage, being subsumed therein works that could fit in paragraph a) of your article 3, executed for the purpose of performing the aforementioned benefit, so that the taxable events arising from the exploitation will be perfected in accordance with the provisions of article 5 of the same legal standard.

POSITIVE BALANCE

ARTICLE 63.- The balance in favor of the taxpayer referred to in the first paragraph of article 24 of the law may only be applied to the fiscal debits corresponding to the following fiscal years of the same taxpayer.

The limitation established in the preceding paragraph shall not apply to credit balances arising from direct income or arising from application of the provisions of article 43 of the law.

IMPORT OPERATIONS. TAXABLE BASE

Determination

ARTICLE 64.- For the purposes of article 25 of the law, the normal price for the application of import duties shall be understood as the price established as such in the Customs Code.

The mention of the taxes referred to in the aforementioned article of the law does not include the tax created by it, nor the encumbrances of the Internal Tax Law.

Powers of the General Directorate of Customs

ARTICLE 65.- When the customs legislation authorizes the release to place of the goods, but there are disputes regarding the elements that make up the determination of the charges referred to in article 25 of the law, or it is not possible to set a criterion for of them in the time required by the responsible, the GENERAL DIRECTORATE OF CUSTOMS, dependent on the FEDERAL ADMINISTRATION OF PUBLIC REVENUES, autarkic entity within the scope of the MINISTRY OF ECONOMY AND PUBLIC WORKS AND SERVICES, is empowered to settle the lien on a provisional basis on the bases declared by the importer, without the need for the granting of guarantees for eventual differences of the same, without prejudice to the guarantees and collections that may correspond in customs matters.

Once the definitive criteria have been set with respect to the elements referred to in the previous paragraph, the aforementioned DIRECTORATE GENERAL OF CUSTOMS will make the definitive settlement and the perception to which it gives rise.

If a difference arises in favor of the responsible party from the referred liquidation, the aforementioned customs agency must, after notifying the former, forward the background to the GENERAL TAX ADMINISTRATION, dependent on the FEDERAL ADMINISTRATION OF PUBLIC REVENUES, an autarchic entity within the scope of the MINISTRY OF ECONOMY AND WORKS AND PUBLIC SERVICES, before expiration ONE (1) month of practice.

If the responsible party requests, the named GENERAL TAX ADMINISTRATION shall proceed to the refund insofar as the amounts have not already been used as a tax credit calculation.

If in the final liquidation a higher income arose in charge of the person responsible and the imputation had already given rise to the computation of the tax credit, the difference between the amount that would have corresponded to consider the definitive declaration and the already computed on the basis of the provisional one, will affect the fiscal year in which it is practiced.

The amounts arising from the final settlement of the aforementioned CUSTOMS GENERAL ADDRESS will be those that must be taken into account for all purposes of the law and this regulation.

V - FEES

ARTICLE 66.- The requirement foreseen in the second paragraph of article 28 of the law to correspond to the increase of the aliquot established in the same, related to the regulation by meter of the sales of gas, electric power and water, is comprehensive of any instrument that fulfills this purpose, regardless of its technological characteristics or the geographical location of its installation.

The increase of the aliquot provided in the legal standard cited in the previous paragraph, will not apply when the sale or benefit is intended for legally independent subjects that result in resellers or, where appropriate, co-providers, of the same goods or services included in the same, or when it is gas supplies used as input in the generation of electricity.

V - NONSCRIPTED RESPONSIBLE

Differentiated activities

ARTICLE 67.- In the cases provided for in the fourth paragraph of article 29 of the law, a non-taxed differentiated activity shall be considered as a differential activity, even if it has a professional technical relationship with the other activities carried out by the person responsible.

Primary producers. Initiation of activities

ARTICLE 68.- In the cases provided for in the last paragraph of article 35 of the law, the FEDERAL ADMINISTRATION OF PUBLIC REVENUES, an autarchic entity within the scope of the MINISTRY OF ECONOMY AND PUBLIC WORKS AND SERVICES, at the request of the person in charge, may agree on special deadlines. for the purpose of determining the condition that the same shall have against the tax.

VI - REGISTRATION. EFFECTS AND OBLIGATIONS THAT GENERATE

INSCRIPTION

Categorization of those responsible

ARTICLE 69.- The FEDERAL ADMINSTRATION OF PUBLIC INCOME, self-sufficient entity within the scope of the MINISTRY OF ECONOMY AND PUBLIC WORKS AND SERVICES, will dictate the norms to which the taxpayers of the tax, mentioned in article 4 of the law, will have to adjust. to externalize their status as registered managers or to have exercised the option provided for in article 29 of the same, assuming the status of non-registered persons.

Importers

ARTICLE 70.- The release provided in subsection a) of article 36 of the law, shall be understood as applicable to the taxpayers of the taxable event "definitive importation" and exclusively in relation to this fact.

RESPONSIBLE PARTNERS OBLIGATIONS

Operations with final consumers and with exempt or unreached subjects

ARTICLE 71.- For the purposes of article 39 of the law, final consumers will be those who destine goods or services for their private use or consumption.

Those responsible not registered in relation to the assets of use destined to their taxable activity will also cover said quality, being understood by goods of use those whose period of useful life, for the effects of the income tax, is greater than TWO (2) years.

Authorization to discriminate the tax in cases where it should not be done - Conditions

ARTICLE 72.- Notwithstanding the provisions of article 39 of the law, when computerized, electronic, electromechanical or mechanical systems are used for the purpose of the issuance of vouchers, with which it is difficult to comply with the requirement set forth in said norm, the levy that falls on the operation may be discriminated against, even when the invoices or equivalent documents are issued in the name of final consumers or of subjects whose operations are exempt or not reached by the tax, provided that the aforementioned quality of the purchaser, tenant or borrower and its identification is printed simultaneously with the issuance of the respective documentation and said procedure has been authorized by the FEDERAL ADMINISTRATION OF PUBLIC REVENUES, autarkic entity within the scope of the MINISTRY OF ECONOMY AND PUBLIC WORKS AND SERVICES, in the form and conditions that this provides .

Presumptions

ARTICLE 73.- Every encumbered transaction made by an inscribed person with whom he does not accredit a similar condition in relation to the tax, shall be presumed made to a non-registered person who does not act as final consumer, unless:

a) the acquirer or tenant expressly declares his condition as final consumer through the acceptance of the voucher or invoice that for such purposes will be issued in accordance with the provisions of the FEDERAL ADMINISTRATION OF PUBLIC REVENUES, self-sufficient entity within the MINISTRY OF ECONOMY AND WORKS AND PUBLIC SERVICES, and provided that the seller or landlord can not reasonably presume that it is not a final consumer, or

b) the acquirer or lessee verifies his condition of exempt subject or not reached by the encumbrance, in the manner established by said entity.

VII - EXPORTERS. SPECIAL REGIME

Exporter

ARTICLE 74.- For the purposes of the provisions of article 43 of the law, it shall be understood as an exporter, to the one for whose account the export is made, it is carried out in his name or on behalf of a third party.

Compensation

ARTICLE 75.- For the purposes of determining the limit established in the second paragraph of article 43 of the law, the amount of exports shall be established, in all cases, according to the definition of value given in articles 735 to 750 of the Customs Code.            

When the FEDERAL ADMINISTRATION OF PUBLIC REVENUES, self-sufficient entity within the scope of the MINISTRY OF ECONOMY AND PUBLIC WORKS AND SERVICES, the amount of the aforementioned limit, calculated in accordance with what is prescribed in the previous paragraph, is lower than the amount of the tax invoiced for goods, services and locations effectively destined to exports or at any stage in the achievement of the same, made in the fiscal period, it will be considered the latter in replacement of that.            

The remainder of the balance resulting from the compensation provided in the first paragraph of said article 43 originated in the application of said limit, may be transferred to the following fiscal periods, taking into account, for each of them, the aforementioned maximum applicable limit.

Exporters beneficiaries of regimes that grant the release of the tax in the domestic market

ARTICLE 76.- For the purposes foreseen in the third paragraph of article 43 of the law, it will be presumed, without admitting proof to the contrary, that the situation foreseen in said norm is configured when the beneficiary of the regime that grants the liberation of the tax in the internal market to make its exports through individuals or companies that can economically be considered linked to it, because of the origin of their capital, the effective direction of the business, the distribution of profits, or any other circumstance that indicates the existence of a economic set.

Likewise, the presumption established above will be applicable when all of the operations of the aforementioned beneficiary or of a certain category of them are absorbed by said exporter, or when almost all of the purchases of the latter or of a certain category of them are made. to the first.

International transport

ARTICLE 77.- In the cases provided for in article 7, subsection h), points 13) and 14), of the law, the effective provision and billing of the respective services will be assimilated to the export.

VIII - EXPORT COOPERATIVES OR COOPERATIVES

INTERNATIONAL COMMERCIALIZATION COMPANIES

Goods destined for export.

Deadlines and requirements

ARTICLE 78.- The subjects included in article 44 of the law, will be able to benefit from the special regime of this Chapter, for the purchases of goods destined effectively for exportation, which must be completed, in accordance with the provisions of article 41 of this regulation, within a period not exceeding ONE HUNDRED EIGHTY (180) days, counted from the date of acquisition thereof, the latter circumstance being configured in accordance with the provisions of articles 5 and 6 of the law.

Regarding its remaining operations, aimed at achieving said exports, the provisions of article 43 of the law shall apply.

Inscription

ARTICLE 79.- For the purposes of the provisions of the previous article and without prejudice to its subjection to the remaining provisions of the law and this regulation that apply to them, said subjects must register with the FEDERAL ADMINISTRATION OF PUBLIC REVENUES, an autarchic entity in the scope of the MINISTRY OF ECONOMY AND PUBLIC WORKS AND SERVICES, according to the norms that the same one establishes on the matter, the one that will grant a voucher to them in their capacity of responsible for the regime of the article 44 of the Law of Tax to the Value added.

Providers of subjects subject to the regime

ARTICLE 80.- The suppliers of the subjects referred to in article 78 of this regulation shall retain in their possession a duplicate, consisting of said purchasers, of the proof that proves the condition of the same as persons responsible under this special regime, having to liquidate and invoice the corresponding operations in the manner provided in article 37 of the law.

Operations with subjects covered by the regime.

Positive balance

ARTICLE 81.- Registered executives who carry out transactions with persons subject to this regime, may charge against the tax resulting from the application of the provisions of article 27 of the law, the amount of the tax that had fallen on said operations, made in the fiscal period that is settled.

If the compensation allowed in this article can only be partially carried out, the resulting balance in favor of the person responsible will have the treatment provided for in the first paragraph of article 24 of the law, unless it is accredited, according to the rules established by the ADMINISTRATION. FEDERAL OF PUBLIC REVENUES, self-sufficient entity in the field of the MINISTRY OF ECONOMY AND PUBLIC WORKS AND SERVICES, which exclusively deals with transactions with subjects covered by this regime, in which case the aforementioned balance will have the treatment provided for in the second paragraph of the aforementioned Article 24

Certificates

ARTICLE 82.- For the purposes of the imputation referred to in the first paragraph of the previous article, the subjects covered by this regime shall provide their suppliers with a certificate that details the operation carried out and the amount of tax that is imposed through it. is canceled, which must be delivered by the latter to the FEDERAL ADMINISTRATION OF PUBLIC REVENUES, autarkic entity within the scope of the MINISTRY OF ECONOMY AND PUBLIC WORKS AND SERVICES, along with the sworn statement corresponding to the fiscal period to which is imputed.

Identification requirements for certificates

ARTICLE 83.- The FEDERAL ADMINISTRATION OF PUBLIC INCOMES, self-sufficient entity in the field of the MINISTRY OF ECONOMY AND PUBLIC WORKS AND SERVICES, in the form and conditions that it establishes in this respect and before the presentation of the corresponding purchase invoices, will grant the subjects under the present regime, the certificates referred to in the previous article, which must be issued with the number of copies that said Organization considers necessary to carry out the control of the operations to which they refer.

These certificates, which will be non-transferable, must include at least the name and other identifying data of the consortium or export cooperative of goods and services, or international marketing company that requests it, and of the supplier to whom it will be delivered to pay the corresponding tax. to the operation carried out, as well as a detailed detail thereof and the term within which the export of the acquired goods must be completed.

Registration of certificates

ARTICLE 84.- In order to verify compliance with the term provided in Article 78 of this regulation, the FEDERAL ADMINISTRATION OF PUBLIC REVENUES, self-sufficient entity within the scope of the MINISTRY OF ECONOMY AND PUBLIC WORKS AND SERVICES, shall keep a record of the certificates granted, which must be checked against the export vouchers that the GENERAL DIRECTORATE OF CUSTOMS, of the aforementioned FEDERAL ADMINISTRATION OF PUBLIC REVENUES, extend to the holders thereof and with the copy of the aforementioned certificate presented by the supplier to cancel its operations.

Consequences for non-compliance with deadlines

ARTICLE 85.- When the period provided in article 78 of this regulation is not fulfilled, the subjects covered by this regime shall enter the tax corresponding to the operations in violation for which the aforementioned certificates have been granted, with more interest and other accessories that may correspond, referring to the expiration date of the sworn statement of the supplier that charged them to pay the tax of their liquidation.

The breach foreseen in the previous paragraph, on the part of the subjects referred to in it, will give rise to the personal and joint liability of the provider that used the certificates corresponding to the operations in violation, pursuant to the provisions of article 81 of this regulation , provided that there is an economic connection of any nature between it and the purchasers included in Article 44 of the law, when the latter, required by the FEDERAL ADMINISTRATION OF PUBLIC REVENUES, self-sufficient entity in the field of MINISTRY OF ECONOMY AND WORKS AND SERVICES PUBLIC, to regularize the debt, do not comply within the period that was agreed with the payment intimation of its amount. Said personal and joint and several liability shall be enforced by the procedure provided in article 24 of Law No. 11,683, text ordered in 1978 and its amendments.

The economic link referred to in the preceding paragraph shall be presumed, unless there is evidence to the contrary, when all the operations of the supplier, or of a certain category of them, were absorbed by the company covered by the regime, or when almost all of the purchases of the latter, or of a certain category of them, were made to the same provider.

In the event that the breach referred to in the first paragraph of this article is due to causes beyond the control of the exporter, duly verified, the FEDERAL ADMINISTRATION OF PUBLIC REVENUES, an autarchic entity within the scope of the MINISTRY OF ECONOMY AND PUBLIC WORKS AND SERVICES, may agree a new term, in the form and conditions that it establishes.

Transgressions to the regime

ARTICLE 86.- Without prejudice to the sanctions that may correspond by application of Law No. 11,683, text ordered in 1978 and its amendments, transgressions to this regime shall be subject to the sanctions that correspond by application of the rules that regulate the creation and operation of the companies included in it.

For these purposes, the FEDERAL ADMINISTRATION OF PUBLIC INCOME, self-sufficient entity in the field of the MINISTRY OF ECONOMY AND PUBLIC WORKS AND SERVICES, will communicate to the SUBSECRETARIAT OF FOREIGN TRADE, dependent organism of the SECRETARIAT OF INDUSTRY, COMMERCE and MINING of the aforementioned Ministry, the checks that have been made, in compliance with its control functions.

Complementary standards

ARTICLE 87.- The FEDERAL ADMINISTRATION OF PUBLIC REVENUES, self-sufficient entity in the scope of the MINISTRY OF ECONOMY AND PUBLIC WORKS AND SERVICES, will dictate the complementary norms that it considers necessary for the fulfillment of the present regime.

IX - OTHER PROVISIONS

Media. Specific activities

ARTICLE 88.- The exemption established in article 49 of the law, with respect to income obtained by the written press, radio and television stations, information agencies and publicity on the public highway, due to the development of its activities specific, does not include those attributable to the encumbered assets that are marketed jointly or in addition to said activities, as long as they have a price differentiated from the main sale or benefit and do not constitute an element without which the latter could not be realized.

For the purposes of the provisions of the preceding paragraph, it will be understood that the said goods have a differentiated price when they have their own marketing value, even when it integrates the price of the operations they complement, increasing the usual negotiation amounts thereof. .

Editorials Payments on account

ARTICLE 89.- Direct income or payments on account of taxes on profits and / or assets and their corresponding advances, provided for in article 50 of the law, shall be computable against said taxes in the proportion corresponding to the tax determined. to the derived earnings or, as the case may be, to the assets affected to the activity in which the assets that originate the credit are used.

X - TRANSITORY PROVISIONS

WORKS ON ANOTHER PROPERTY ORIGINATED IN CONTRACTS PRIOR TO JANUARY 1, 1974

Tax settlement

ARTICLE 90.- The taxable events referred to in subparagraph a) of article 3 of the law, which originated in contracts prior to January 1, 1974, shall be settled at the rate that for them governs the tax on sales at the date of hiring.

For the purposes of limiting the calculation of the tax credit established in the first paragraph of subsection a) of article 8 of Law No. 20,631, in force prior to the amendment introduced by its similar No. 21,376, in the case of acquisitions, definitive imports, locations or provision of services, which are linked to the taxable events indicated in the previous paragraph, shall be considered as the applicable rate, that indicated in that paragraph.

When the aforesaid taxable events were on the date of contracting outside the scope of the sales tax or exempted from it by general or special rule, they will be accorded similar treatment, as appropriate, in the value added tax.

The same treatment as provided in the preceding paragraphs shall apply, when the aforesaid taxable events originated in subcontracts after January 1, 1974, for partial works, included in a contract prior to that date, in which the total price had been fixed. immovable of the work.

Date of hire

ARTICLE 91.- For the purposes of the preceding article, the contracting date will be considered as the act that proves it in a reliable manner, in accordance with the complementary rules issued by the FEDERAL ADMINISTRATION OF PUBLIC REVENUES, an autarchic entity within the MINISTRY OF ECONOMY AND WORKS AND PUBLIC SERVICES.

In the case of public or private biddings, the contract date will be understood as the opening date of the proposals unless, before proceeding to the final award, price increases have been agreed, in which case the award date will be understood as the award date. .

WORKS ON ANOTHER PROPERTY ORIGINATED IN CONTRACTING OF THE YEAR 1974

ARTICLE 92.- The taxable events referred to in subsection a) of article 3 of the law, which originated in contracts with a certain date in 1974, will give rise to the treatment established in article 90 of this regulation in the extent to which they, by virtue of what was expressly stated in the aforementioned contracts, should have been verified during said year.

The same criterion will be applied to the taxable events that the subcontracts originated in the aforementioned contracts give rise to, insofar as they, by virtue of the provisions in these, should have been verified in the year 1974.

SALES OF REAL ESTATE ORIGINATED IN CONTRACTS PRIOR TO JANUARY 1, 1974

ARTICLE 93.- The taxable events referred to in subsection b) of article 3 of the law, which originated in contracts with certain dates prior to January 1, 1974, will be outside the scope of the lien.

CERTAIN DATE

ARTICLE 94.- For the purposes of the TWO (2) previous articles and without prejudice to the provisions of the Civil Code, the date of the disabling of the stamp tax on the document will also be considered a certain date, provided that it has been effected by official agents.

REGIME CHANGE

ARTICLE 95.- Those responsible included in the simplified regime, who acquire from the entry into force of Law No. 23,765 the quality of registered managers, will be enabled to deduct the tax credit from acquisitions of fixed assets, in the proportion attributable to the fiscal periods started as of the aforementioned validity and in accordance with the provisions of article 54 of the law, the requirement of its discriminated billing does not apply for this purpose.

OPERATIONS WITH PRICE TO FIX AND REDEEM

ARTICLE 96.- The provisions set forth in the second and third paragraphs of subsection a) of article 5 of the law shall be applicable to the extent that, prior to its entry into force, the respective taxable event has not been perfected.

ADVANCES THAT FREEZE PRICE RECEIVED PRIOR TO OCTOBER 31, 1990

ARTICLE 97.- In the case of signs or advances that freeze price, received prior to October 31, 1990, corresponding to operations in which the delivery of the goods or issue of the invoice occurs from December 1 of In the same year, the updating norms established in the seventh paragraph of article 9 of the law in force on the date on which they were made effective shall apply.

Likewise, the update indicated above shall not apply when the signs or advances referred to in the preceding paragraph were effective on October 31, 1990 and the delivery of the goods or their invoicing occurred during the month of November of the same year.