Promotion Of The Software Industry. Changed The Law # 25.922

Original Language Title: Promoción de la Industria del Software. Modifícase la Ley Nº 25.922

Read the untranslated law here: https://www.boletinoficial.gob.ar/#!DetalleNorma/9936367/20170323

SOFTWARE industry promotion law 26,692 changed the law # 25.922. Adopted: 27 July 2011 promulgated: August 17, 2011 the Senate and Chamber of deputies of the Argentina nation gathered in Congress, etc. sanctioned with force of law: article 1 - replace the text of the ar article 1st of law 25.922 by the following: article 1: creating a regime of promotion of the Software industry that shall remain in force throughout the territory of the Republic of Argentina with the scope and limitations established in this law and the regulations that dictate the national executive power in its consequence which is valid until the day December 31, 2019. Those interested in joining the regime established by this law shall comply with all of the documents required by this.
Article 2º - replace the text of article 2 of the law 25.922 by the following: article 2: may accede to the present regime legal persons incorporated in the Republic of Argentina or enabled to act within its territory which develop at home and self-employed main activity the activities defined in article 4 of this law and that meet at least two (2) of the following conditions (, in the terms to be determined by the implementing authority: to) accreditation of expenditure on research and development of software; (b) accreditation of a standard of recognized quality applicable to products or software process, or the development of activities aimed at obtaining the same; (c) exports of software realization; in such cases they must be necessarily registered in the register of exporters of services to the Federal Administration of public revenues, autonomous entity in the orbit of the Ministry of economy and public finances, created for this purpose.
Article 3º - replace the text of the ar article 3 ° of the law 25.922 by the following: article 3: legal persons will be considered beneficiaries of this law from its registration in the register of beneficiaries of the system of promotion of the Software industry enabled by the enforcement authority, by the end of the term of the present regime , and subject to compliance with the conditions laid down in article 2 of this law.
https://www.boletinoficial.gob.ar/pdf/linkQR/eG5xL210SGk2LzR5VC9wRXlpb01lUT09 shall be regarded as registration date of publication in the Official Gazette of the administrative act that declares it registered. Empower the enforcement authority to the respective agreements with the provinces that accede to the regime established by this law, in order to facilitate and guarantee the registration of the legal persons concerned of every provincial jurisdiction in the registration of beneficiaries in the first paragraph. The Federal Administration of public revenues, autonomous entity in the orbit of the Ministry of economy and finance, will verify, in the scope of their powers, the fulfilment of the conditions laid down in article 2 of this law by the beneficiaries, and will report regularly to the Authority's application for the relevant purposes.
Article 4. - replace the text of the ar article 7 of law 25.922 by the following: article 7: the beneficiaries of this scheme shall enjoy fiscal stability by the end of the term of this promotional framework. Fiscal stability reaches all taxes national, understanding as such direct taxes, and tax contributions that taxable persons registered beneficiaries. Fiscal stability means that the beneficiaries will not see increased its national total tax burden from its registration in the register of beneficiaries of the regime's promotion of the Software industry by the enforcement authority.
Article 5º - replace the text of the ar article 8 of law 25.922 by the following: article 8: beneficiaries of this law may become a non-transferable tax credit bonus up to seventy per cent (70%) of the employer contributions that have actually paid on the total payroll of the company bound for systems and subsystems of social security provided for in laws 19.032 24.013 24.241, and its amendments. Case of beneficiaries stipulated in the circumstances described in article 11 of this law, the benefit will only include employer contributions corresponding to the activities promoted by the present regime. The beneficiaries may use such bonds to the cancellation of national taxes which have origin in the software industry, in particular value added tax and other national taxes and their advances, in the case of a proceeding, excluded the income tax. Without prejudice to the provisions of the preceding paragraph, the beneficiaries may apply such bonds of tax credit for the cancellation of the tax earnings only in no more than the percentage of exports reported by the same nature of affidavit, subject to the conditions that set the enforcement authority. The bonus tax credit established in this article shall not be computable for their beneficiaries for the determination of the net profit in the income tax. Also this bonus cannot be used to cancel debts prior to the effective incorporation of the beneficiary to the regime of this law and, in any case, any balances in your favor will make place to refunds or returns the national State.
Article 6º - merge then the article 8th 25.922 law the following article: article 8 bis: the beneficiaries of this scheme will not be eligible subjects of withholding or perceptions of the added value tax. In recognition of the foregoing, the Federal Administration of https://www.boletinoficial.gob.ar/pdf/linkQR/eG5xL210SGk2LzR5VC9wRXlpb01lUT09 public revenues, autonomous entity in the field of the Ministry of economy and public finances, will issue the respective record of failure.
Article 7th - replace the text of article 9 of the law 25.922 with the following:

Article 9: the beneficiaries of this law will have a reduction of sixty percent (60%) in the total amount of income tax according to the promoted activities determined in each fiscal year. This benefit applies to both Argentine source income and foreign source, in the terms that establishes the enforcement authority.
Article 8. - replace the text of article 10 of the law 25.922 by the following: article 10: after three (3) years of registration in the register of beneficiaries of the regime of the promotion of the Software industry by the implementing authority, the beneficiaries must have certification of quality stipulated in the article 2 to maintain their status as such. If not, will apply as set forth in article 20 of this law.
Article 9º - following article 10 of law 25.922 incorporated the following article: article 10 bis: all those enrolled in the national registry of producers of Software and computer services created by the 61 resolution dated May 3, 2005 of the Ministry of industry, Commerce and small and medium-sized enterprises of the former Ministry of economy and production or whose application for registration to the register have completed all of the requirements at the time of entry into force of this article, will be considered in accordance with the rules in force at the date of its filing or registration, unless they choose express and reliable way by reregister in the register of beneficiaries of the system of promotion of the Software industry enabled by the enforcement authority within ninety (90) days of the entry into force of this article using the form for this purpose set the enforcement authority. The benefits granted to those enrolled in the national registry of producers of Software and computer services created by resolution 61/05 of the Ministry of industry, Commerce and small and medium-sized enterprises of the former Ministry of economy and production prior to the entry into force of this article and which have not exercised the option of the previous paragraph continue subsisting in the terms in which they were conceived.
ARTICLE 10. (- Replace the text of the ar article 20 of law 25.922 by the following: article 20: any breach of the provisions of the present regime will result in the application, together or individually, as the following penalties, without prejudice that may be applicable by criminal legislation: to) Suspension of enjoyment of the benefits of the present regime for the period that lasts the breach. This suspension shall not be less than three (3) months nor more than one (1) year. During the suspension the bonus tax credit for cancellation of national taxes; cannot be used (b) revocation of registration in the register of beneficiaries; (c) payment of taxes not admitted, with more interests and accessories; (d) return to the enforcement authority of the bonus tax credit in case of having not applied;
(https://www.boletinoficial.gob.ar/pdf/linkQR/eG5xL210SGk2LzR5VC9wRXlpb01lUT09 e) ineligibility to register again for the register of beneficiaries. The legal implications contained in this article may be applied in total or partially, and in case of corresponding sanctions, must be taken into account the seriousness of the infringement, its economic entity and a history of the company in compliance with the regime. Beneficiaries who do not maintain the fulfilment of at least two (2) of the conditions set forth in article 2 of the present, applies them to the suspension referred to in subsection to) this article for a period lasting breach. After the maximum period of one (1) year provided for in subsection mentioned suspension, the implementing authority shall revoke the registration in the register of beneficiaries pursuant to paragraph b) of the referenced article. The implementation authority shall determine the procedure appropriate for the purposes of the application of the sanctions provided for in this article.
ARTICLE 11. -Replace the text of article 24 of law 25.922 by the following: article 24: the application, itself or through national universities or specialized agencies authority, will carry out audits, checks, inspections, controls and assessments which are necessary in order to verify the proper performance of the obligations and commitments in charge of the beneficiaries and, where appropriate the maintenance of the conditions which have enabled its framework for the procedure, and must report annually to the Congress of the nation the results thereof. Such information must be done from the third year of validity of the law. The above-mentioned tasks will be solved by the beneficiaries through payment of a contribution, to be applied on the amount of the tax benefits granted in relation to the regime. Empower the enforcement authority to set the corresponding value of the contribution to be applied, as well as determine the procedure for payment. The non-payment by beneficiaries immediately will result in the suspension referred to in subsection a) article 20, without prejudice to the application of other sanctions, if applicable. The funds raised by the payment of the tax established in this article must be affected to the tasks referred to in the first paragraph of the present.
ARTICLE 12. -This law will begin to rule starting from the day following its publication in the Official Gazette.
ARTICLE 13. -Communicate to the national executive power. GIVEN IN THE CHAMBER OF THE CONGRESO ARGENTINO, BUENOS AIRES, TWENTY-SEVEN DAYS OF THE MONTH OF JULY IN THE YEAR TWO THOUSAND ELEVEN. -REGISTERED UNDER NO. 26,692 - JULIO C. C. COBOS. -EDUARDO A. FELLNER. -Enrique Hidalgo. -Luis g. Borsani.

Date of publication: 18/08/2011 https://www.boletinoficial.gob.ar/pdf/linkQR/eG5xL210SGk2LzR5VC9wRXlpb01lUT09