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FOR THE ECONOMIC AND SOCIAL HEALTH TO THE COVID-GENERATED PANDEMY 19

Law 27653

Provisions.


FOR THE ECONOMIC AND SOCIAL HEALTH TO THE COVID-GENERATED PANDEMY 19

PART I

Single Chapter

Debt cancellation for non-profit entities, micro and small businesses and human persons considered to be small contributors with debts less than one hundred thousand pesos ($ 100,000). Fiscal account zero.

Article 1- Condon the tax, customs and social security debts, liquid and enforceable until 31 August 2021 for:

(a) The entities covered by article 26, subparagraph (e), of Act 20,628 on income tax, text ordered in 2019 and its modifications; the cooperatives of work and school, including the cooperatives registered in the National Register of Local Development Eftectors and Social Economy; the entities that make up the National System of Volunteer Firefighters (SNBV) provided for by law 25.054; the public libraries; the clubs

(b) Micro and small businesses and human persons and indivisible successions that are considered small contributors, including mono-tributists and with exclusive effect for those and taxpayers whose tax, customs and social security debts, liquid and enforceable, as at 31 August 2021 are less than one hundred thousand ($ 100,000), considered in their entirety, in the terms determined by the regulation.

Art. 2°- The condonation set out in the previous article reaches the capital owed, reciprocity and/or punitories and/or collateral* and other sanctions and does not include the following:

(a) Contributions and contributions to the National Social Works Regime;

(b) Assessments for Labour Risk Insurance (ART);

(c) Retentions and perceptions practiced and not entered.

Art. 3°- The condonation set forth in Article 1 does not preclude the computation of contributions to the Argentine Integrated Previsional System (SIPA) corresponding to the workers, for the purposes of the benefits provided for in Law 24,241 and its modifications.

PART II

Fiscal relief for economic sustainability

Chapter I

Rehabilitation of caduca moratoria

Art. 4°- In the case of the emerging debts of deciduous schemes formulated in the framework of the moratorium approved by law 27.541, of social solidarity and productive reactivation in the framework of the public emergency, and amended by law 27.562, and when the expiry of the control has occurred until 31 August 2021, the taxation of taxation is extended in an extraordinary way and for the only time the payment of the regularization of tax obligations, of social security

Chapter II

Expansion of the moratorium for subsequent debts and unregulated debts

Art. 5°- Increase the Moratory of the regularization of tax obligations, of social and customs security approved by Law 27.541, of Social Solidarity and Productive Reactivation in the framework of the Public Emergency, and amended by Law 27.562, extending the validity of the same, so that taxpayers and taxpayers and the resources of social security whose application, perception and control are in charge of the Federal Administration21

Art. 6°- For the purposes of the enlargement provided for in the preceding article, all provisions of Act No. 27,541, Social Solidarity and Productive Reactivation in the Public Emergency Framework, and amended by Act No. 27,562, with the following exceptions and/or considerations:

(a) Tax, social security and customs duties expired as at 31 August 2021, including, or breaches related to such obligations, may be regularized, and existing payment plans may not be reformulated, except for the conditionalities referred to in article 13 (c) of the Act 27,541 and its amendments;

(b) The total condonation of the compensatory and/or punitive interests provided for in articles 37, 52 and 168 of the law 11.683 (t. 1998) and their modifications, the residual and/or punitive interests on fines and customs taxes (including amounts for export stimuli should be replaced by the national tax) is provided for in articles 745

1. (i) Micro and Small Businesses; (ii) Non-profit entities and community organizations registered as foundations, civil associations, simple associations and entities with municipal recognition and that, with their own home and their national leadership, do not pursue profits directly or indirectly and develop programmes for the promotion and protection of rights or direct social assistance activities; and (iii) Human persons and indivisible successions that are considered small taxpayers in the terms determined by the Federal Public Income Administration: ten percent (10%) of the capital owed.

2. Medium-sized enterprises, sections 1 and 2: thirty-five (35%) of the capital owed.

3. For the other taxpayers: seventy-five percent (75%) of the owed capital;

(c) The acceptance of this title of this enlarged and/or amended law will result in the suspension of current tax and criminal proceedings and the interruption of the criminal statute of limitations in respect of the authors or authors, co-authors or co-authors and participants or participants in the alleged offence linked to the respective obligations, even if the criminal complaint has not been made until that time or whatever the stage of the proceedings is not in place.

The total cancellation of the debt under the conditions provided for in the present, for compensation, counting or by plan of payment facilities will result in the extinction of the tax or criminal customs action, insofar as there is no firm sentence to the date of cancellation. The same effect will result in those obligations of identical nature to those mentioned, which have been cancelled prior to the entry into force of this title of this enlarged and/or amended law, including, in this case, those inherent in the National System of Social Works. In the case of customs offences, the total cancellation will result in the termination of customs criminal proceedings in the terms of articles 930 and 932 of Law 22,415 (Customs Code) and its amendments, to the extent that there is no final judgement on the date of placement.

The expiry of the scheme of payment facilities will involve the resumption of the tax or customs criminal action, as appropriate, or will enable the promotion by the Federal Public Income Administration of the relevant criminal complaint, in cases where the withdrawal has been made prior to its filing. It will also import the commencement or resumption, as appropriate, of the computation of the tax and/or customs criminal statute;

(d) With regard to the provisions of the last paragraph of article 11 of Act No. 27,541, on Social Solidarity and Productive Reactivation in the Public Emergency Framework, as amended by Act No. 27,562, please note that the exemption and/or condonation provided for in this article shall be applicable in respect of the concepts mentioned in the same period that have not been paid or fulfilled prior to the date of entry into force of this title of this comprehensive law;

(e) The benefit of the release of fines and other penalties for formal infractions committed until 31 August 2021, which are not firm or paid, shall operate when, prior to the date on which the time limit for the application of this regime is completed or the corresponding formal obligation is fulfilled;

If the administrative summary provided for in article 70 of Act No. 11,683 (t. 1998) and its amendments have been made, the benefit shall operate when the act or omission attributed has been corrected prior to the expiration of the time limit for the placement of the present regime.

Where the transgressive formal duty is not, by its nature, liable to be fulfilled after the commission of the offence, the penalty shall be condoned of office, provided that the fault has been committed before 31 August 2021, including.

Fines and other penalties relating to substantial obligations accrued until 31 August 2021 shall be fully waived, provided that they are not firm at the date of entry into force of the present title of this enlarged and/or amended law and the principal obligation has been cancelled at that date.

Rearcitory and/or punitive interests corresponding to the capital cancelled prior to the aforementioned entry into force will also be condoned. In the event of a re-arcitary and/or punitive interest relating to unregistered advances, the condonation shall proceed when the affidavit of the corresponding fiscal period is expired as at 31 August 2021 and submitted to the date of validity of the law;

(f) The schemes of payment facilities provided by the Federal Public Income Administration for the regularization of tax obligations, social and customs security provided for in the present title of this enlarged and/or amended Act shall be in accordance with the following conditions:

1. They will have a maximum time limit:

1.1. (i) Micro and small enterprises; (ii) Non-profit entities and community organizations registered as foundations, civil associations, simple associations and entities with municipal recognition and that, with their own domicile and their national leadership, do not pursue profits directly or indirectly and develop programmes for the promotion and protection of rights or direct social assistance activities; and (iii) Human persons and indivisible successions that are considered small taxpayers in the terms determined by the Federal Public Income Administration: up to one hundred and twenty (120) quotas.

1.2. Medium-sized enterprises, sections 1 and 2: up to sixty (60) quotas.

1.3. For the other taxpayers: up to thirty-six (36) contributions.

1.4. The Federal Public Income Administration may segment the amount of assessed contributions on the basis of the nature of the obligation owed and establish waiting times based on parameters linked to the activity carried out by taxpayers or regional, sectoral or gender-related issues.

2. The first quota will expire not before 16 December 2021, according to the type of taxpayer, debt and payment plan.

3. The placement of taxpayers or taxpayers who review the status of: (i) Micro and small enterprises; (ii) Non-profit entities, community organizations registered as foundations, civil associations, simple associations and entities with municipal recognition, and who, with their own home and their managers established in national territory, do not pursue profits directly or indirectly and develop programmes for the promotion and protection of rights or activities of direct assistance; (iii) Human persons and indivisible successions that are considered small contributors in the terms defined by the Federal Public Income Administration; and (iv) Concursed or contested or failed or failed, it may contain a payment on account of the consolidated debt. For the rest of the taxpayers or taxpayers, the payment to the account will be an indispensable requirement for access to the plan, as determined by the supplementary regulations issued by the Federal Public Income Administration.

4. The interest rate will be:

4.1. (i) Micro and Small Businesses; (ii) Non-profit entities and community organizations registered as foundations, civil associations, simple associations and entities with municipal recognition and that, with their own home and their national leadership, do not pursue profits directly or indirectly and develop programmes for the promotion and protection of rights or direct social assistance activities; and (iii) Human persons and indivisous successions that are considered small taxpayers in the terms determined by the Federal Public Income Administration: fixed, up to one and a half per cent (1.5%) per month, during the twelve (12) first instalments resulting after the application of the BADLAR rate in national currency of private banks.

4.2. Medium-sized enterprises, sections 1 and 2: fixed, up to 2 percent (2%) monthly, during the first six (6) quotas resulting after application of the BADLAR rate in national currency of private banks.

4.3. For others and other taxpayers: fixed, up to three percent (3%) per month, during the first six (6) quotas resulting after application the BADLAR rate in national currency of private banks.

The taxpayer or the taxpayer may choose to cancel the payment plan in advance in the form and under the conditions that the Federal Public Income Administration has in effect.

5. The risk rating of the taxpayer or the taxpayer to the Federal Public Income Administration will not be taken into account for the characterization of the payment facility plan.

6. Payment facilities plans will expire:

6.1. Due to the lack of payment of up to six (6) quotas in the cases of taxpayers or taxpayers who review the status of: (i) Micro and small enterprises; (ii) Non-profit entities, community organizations registered as foundations, civil associations, simple associations and entities with municipal recognition and that, with their own home and of their directors established in national territory, do not pursue profits directly or indirectly and develop programmes of direct promotion and Human persons and indivisous successions that are considered small contributors in the terms defined by the Federal Public Income Administration; and (iv) Concursed or contested or failed or failed.

6.2. Due to the lack of payment of up to three (3) contributions in the cases of the other contributors.

6.3. For invalidity of the free availability balance used to offset the debt.

6.4. Due to the lack of judicial approval of the compromise within the time limits established by the supplementary regulations to be issued.

6.5. For lack of obtaining the Mipyme certificate. However, these taxpayers or taxpayers will enjoy an additional period of fifteen (15) days to reformulate the plan in the conditions established for the rest of the taxpayers or taxpayers, where the first quota will expire not before 16 December 2021.

6.6. For the other reasons provided for in points 6.6. and 6.7. of article 13 of Law 27.541, of Social Solidarity and Productive Reactivation in the Public Emergency Framework, as amended by Law 27.562, with the exception of that provided for in item 6.6.1.

For the purposes of this law, Mipyme taxpayers are understood to be those or those that fit and are registered or registered as micro, small or medium-sized enterprises, according to the terms of Article 2 of Law 24.467 and its amendments, and other complementary standards. To this end, they shall certify their registration with the Mipyme certificate, in force at the time of submission to the regime approved by this title of this comprehensive and/or modulatory law, as established by the Secretariat of the Small and Medium Enterprise and the Entrepreneurs of the Ministry of Productive Development.

Those SMEs that do not have the certificate in force at the time of the publication of this amendment law may adhere to this regime on a conditional basis, provided that they process it and obtain to the date limit for the application of the regime to that effect provided by the Federal Public Income Administration, including.

Conditional accession shall expire if the applicant does not obtain the certificate within that period. The application authority may extend the time limit for processing the application.

The conditions for (i) Micro and small enterprises; (ii) Non-profit entities and community organizations registered as foundations, civil associations, simple associations and entities with municipal recognition and that, with their own domicile and their managers established in national territory, do not pursue profits directly or indirectly and develop programmes for the promotion and protection of rights or direct social assistance activities; and (iii) Human persons and indivisible successions that are considered small contributors in the terms determined by the Federal Public Income Administration are provided for those and taxpayers whose obligations are not subject to the benefits provided for in Title I.

(g) Retention and perception agents shall be freed or released from fines and any other penalty that is not firm to the date of entry into force of this enlargement and/or amendment law, when they externalize and pay, in the terms of the present, the amount that they have omitted to retain or receive, or the amount that, having been retained or received, would not have entered, after the time limit to do so.

In the case of unpracticed retentions or unrealized perceptions, retention or perception agents shall be exempt from liability if the passive subject of such obligations regulates their situation in the terms of this title or has previously done so.

With regard to retention and perception agents, they shall govern the same suspensive and extinctive conditions of criminal action provided for taxpayers in general, as well as the same grounds of exclusion as provided in general terms.

Chapter III

Promotion of compliance with obligations arising from the control process

Art. 7°- With exclusive effect on those and taxpayers who intend to regularize amounts owed from the fiscal activity of the Federal Public Income Administration, extend the Moratory of regularization of tax obligations, of social security and customs regulations approved by law 27,541, of Social Solidarity and Productive Reactivation in the Framework of Public Emergency, and amended by law 27.562, extending the same

In such cases, the accruing to this regime will have as effect the unconditional raid on the regularized obligations or, where appropriate, the withdrawal of actions, claims or resources in process, assuming the responsible for the payment of the coasts and expenses. Furthermore, the regime ' s acceptance will import the withdrawal of any right, action or claim, including repetition, with respect to regularized obligations.

Art. 8°- For the purposes of the enlargement provided for in the preceding article, all provisions set out in Title II of the present Act shall be applied, in the first place, and in the conditions established by the regulation, in Law 27.541, of Social Solidarity and Productive Reactivation in the Public Emergency Framework, and amended by Law 27.562, with the following schemes of payment facilities provided by the Federal Public Income Administration:

(a) Not less than forty-eight (48) assessments;

(b) A period not exceeding:

1. (i) Micro and Small Businesses; (ii) Non-profit entities and community organizations registered as foundations, civil associations, simple associations and entities with municipal recognition and that, with their own home and their national leadership, do not pursue profits directly or indirectly and develop programmes for the promotion and protection of rights or direct social assistance activities; and (iii) Human persons and indivisible successions that are considered small taxpayers in the terms determined by the Federal Public Income Administration: one hundred and twenty (120) quotas.

2. Medium-sized enterprises, sections 1 and 2: ninety-six (96) quotas.

3. For the other taxpayers: seventy-two (72) quotas.

The Federal Public Income Administration may segment the amount of assessed contributions on the basis of the nature of the obligation owed and establish waiting times based on parameters linked to the activity carried out by taxpayers or regional, sectoral or gender-related issues.

(c) The total condonation of the compensatory and/or punitive interests provided for in articles 37, 52 and 168 of the law is established 11.683 (t. 1998) and its modifications, the recital and/or punitive interests on fines and customs taxes (including amounts for export stimuli should be replaced by the national tax item, n.

1. (i) Micro and Small Businesses; (ii) Non-profit entities and community organizations registered as foundations, civil associations, simple associations and entities with municipal recognition and that, with their own home and their national leadership, do not pursue profits directly or indirectly and develop programmes for the promotion and protection of rights or direct social assistance activities; and (iii) Human persons and indivisible successions that are considered small taxpayers in the terms determined by the Federal Public Income Administration: ten percent (10%) of the capital owed.

2. Small businesses, sections 1 and 2: 20% (20%) of the capital owed.

3. For the other taxpayers: forty percent (40%) of the owed capital;

(d) The interest rate shall be:

1. (i) Micro and Small Businesses; (ii) Non-profit entities and community organizations registered as foundations, civil associations, simple associations and entities with municipal recognition and that, with their own home and their national leadership, do not pursue profits directly or indirectly and develop programmes for the promotion and protection of rights or direct social assistance activities; and (iii) Human persons and indivisous successions that are considered small taxpayers in the terms determined by the Federal Public Income Administration: fixed, of up to one and a half per cent (1.5%) per month, during the twelve (12) first contributions resulting after the application of the BADLAR rate in national currency of private banks.

2. Medium-sized enterprises, sections 1 and 2: fixed, up to 2 percent (2%) monthly, during the first six (6) quotas resulting after application of the BADLAR rate in national currency of private banks.

3. For others and other taxpayers: fixed, up to three percent (3%) per month, during the first six (6) quotas resulting after application the BADLAR rate in national currency of private banks.

The taxpayer or the taxpayer may choose to cancel the payment plan in advance in the form and under the conditions that the Federal Public Income Administration has in effect.

Chapter IV

Common provisions

Art. 9°- The amounts that, prior to the date of entry into force of the present title of this enlarged and/or amended law, were not subject to reinstatement or repetition, had been entered in the form of recital and/or punitive interests and/or fines, as well as the interests provided for in article 168 of Law 11.683 (t. o. 1998) and its amendments, for the obligations covered by this title.

Art. 10.- Please outline the inaccuracy of the cause of expiry provided for in paragraph 6.6.1 of article 13 (c) of Law 27.541, of social solidarity and productive reactivation in the context of public emergency, as amended by Law 27.562 both for the present Law and for such norms.

Art. 11.- Exclude from the benefits provided for in this title the obligations arising from exclusions or non-compliance provided for in Title I of Book II of Law 27.260 and Title II of Law 27.613.

In addition, debts originating in the form of solidarity and extraordinary contributions are excluded from such benefits in order to help to morbid the effects of the pandemic created by law 27,605.

PART III

Supplementary standards

Art. 12.- The national executive branch, through the Federal Public Income Administration, shall regulate this law within fifteen (15) days and shall issue the necessary complementary and interpretative regulations to implement the conditions provided for in the Act, as well as:

(a) Establish the time frames and ways of accessing the regularization programme approved by this amendment law and its expiry rules;

(b) It shall define differential conditions for those set forth in this chapter, in order to:

1. Encourage early adherence to it.

2. Order the refinancing of existing plans.

In the exercise of its powers, the agency will guide its action in such a way as to promote the attainment of the tasks persecuted by this law, including the recovery of productive activity and the preservation of sources of work.

Art. 13.- The taxpayers and the taxpayers, for the purposes of this Act, shall enjoy the following benefits in accordance with their tax status:

1. Subjects attached to the Small Contributors Simplified Regime. The benefit shall be the exemption of the tax component in accordance with the amount of assessed contributions for each category:

(a) Categories A and B: six (6) monthly and consecutive contributions;

(b) Categories C and D: five (5) monthly and consecutive contributions;

(c) Categories E and F: four (4) monthly and consecutive contributions;

(d) Categories G and H: three (3) monthly and consecutive contributions;

(e) Categories I, J and K: two (2) monthly and consecutive contributions;

In no case can the profit limit exceed a total amount equivalent to twenty-five thousand pesos ($ 25,000).

2. Subjects registered in the profit tax. The benefit shall consist of a special deduction according to the following terms:

(a) For humans and indivisible successions: they shall be entitled to deduct, for a fiscal period, from their net gains an additional amount equal to fifty per cent (50%) of the amount provided for in article 30, subparagraph (a) of the Law on Taxation of Gains.

The benefit set forth in this subparagraph shall not be applicable to the subjects covered by article 82 (a), (b) and (c) of the Vocational Tax Act;

(b) For the subjects referred to in article 53 that review the status of micro and small enterprises. They may choose to practice the respective amortizations from the fiscal period for the empowerment of the good, in accordance with the general rules of the Law on the Tax of Gains, or in accordance with the following regime:

(i) For investments made in movable goods acquired, developed or manufactured: at least two (2) annual, equal and consecutive contributions.

(ii) For investments made in imported movable goods: at least three (3) annual, equal and consecutive quotas.

(iii) For investments in infrastructure works: at least in the amount of annual, equal and consecutive quotas that arise from considering their service life reduced to fifty percent (50%) of the estimated.

This benefit of amortization will be applicable only to investments made until 31 December 2022 and, once the option is made by one of the above-mentioned amortization procedures, the same shall be communicated to the implementing authority, in the form, time and conditions established by the same and shall apply - without exception - to all capital investments that are made for the implementation of the new direct investment, including those that are re-established in the case of a re-executing regime.

Both benefits shall be applied in the affidavits for the periods completed after 30 December 2021. In no case, the expected deduction will result in the generation of balances in favour or may be transferred to future periods.

These tax benefits are not cumulative, and, where appropriate, they must opt for one.

A taxpayer shall be deemed to be eligible when, at the time of entry into force of the present rule, he does not register any breaches in the submission of affidavits, nor, in the case of the payment of the tax obligations since the fiscal periods beginning on 1 January 2018.

The Federal Public Income Administration may extend the benefits up to one (1) time on the basis of parameters linked to the activity carried out by contributors or regional, sectoral or gender-related issues.

Art. 14.- Invite the provinces, the Autonomous City of Buenos Aires and the municipalities to adhere to this regime, taking in the area of their respective jurisdictions similar measures of tax relief to those provided for in this law, in relation to their taxes and fees.

Art. 15.- This law will begin to govern from the day of its publication in the Official Gazette of the Argentine Republic.

Art. 16.- Contact the national executive branch.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE VEINTH DAYS OF THE TWENTY OF THE YEAR DOS MIL VEINTIUNO.


CLAUDIA LEDESMA ABDALA DE ZAMORA - SERGIO MASSA - Marcelo Jorge Fuentes - Eduardo Cergnul