Profit Tax Law Amending - Full Text Of The Rule

Original Language Title: LEY DE IMPUESTO A LAS GANANCIAS MODIFICACION - Texto completo de la norma

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Law 27617

Modification.

The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force

Law:

Article 1- Incorporate as a second paragraph of article 26 (x) of the Vocational Tax Act, which is ordered in 2019 and its amendments, the following:

(x) In addition, workers ' wages in relation to dependency on productivity bonds, cash failure, or concepts of similar nature are exempt, up to an amount equal to forty per cent (40 per cent) of the unimposable gain set out in article 30 (a) of this law per fiscal year and with exclusive effect for those whose gross remuneration does not exceed the amount equivalent to three hundred thousand ($ 300,000) per month, inclusive. This amount shall be determined in accordance with the provisions of the last paragraph of article 30 (c) of this Act and shall be adjusted in similar terms to those provided for in the last paragraph of article 30.

Art. 2°- Incorporate as article 26 (e) of the Vocational Tax Act, an orderly text in 2019 and its amendments, the following:

(y) The salary paid by workers in relation to dependency for particular supplements, as indicated in article 57 of Act No. 19.101, for personnel in military activity.

Art. 3°- Incorporate as article 26 (z) of the Gain Tax Act, an orderly text in 2019 and its amendments, the following:

(z) The supplementary annual salary, with an exclusive effect for those subject whose remuneration and/or gross has not exceeded the amount equivalent of one hundred and fifty thousand pesos ($ 150,000) per month, determined in accordance with the last paragraph of Article 30 (c) of this Act, which shall be adjusted annually in similar terms to those provided for in the last paragraph of Article 30.

Art. 4°- Incorporate as a second paragraph of article 30, paragraph 1 (b), of the Vocabulary Tax Act, which was ordered in 2019 and its amendments, the following:

The deduction provided for in this section will also apply to members of the union based on unique, public, notorious, stable and permanent relationships of two (2) persons who live together and share a common life project, whether of the same or of different sex, which is proven in the form and conditions established by the regulation.

Art. 5°- Replace the second paragraph of article 30, paragraph 2 (b), of the Gain Tax Act, which is ordered in 2019 and its amendments, which shall read as follows:

The deduction of this subparagraph may only be made by the closest relative who has unencumbered gains and will be increased, for the case of paragraph 2, in one (1) time by each child, daughter, stepdaughter or incapacitated stepdaughter.

Art. 6°- Replace subparagraph (c) of the first paragraph of article 30 of the Vocabulary Tax Act, which is ordered in 2019 and its amendments, which shall read as follows:

(c) For special deduction, up to an amount equivalent to the amount resulting from the increase in the amount referred to in subparagraph (a) of this article:

1. Once (1), in the case of net gains under Article 53, provided that they work personally in the activity or enterprise and net profits included in Article 82, except that they are included in the following paragraph. In such cases, the increase will be from a comma five (1,5) times, instead of one (1) time, when it comes to “new professionals” or “new entrepreneurs”, in the terms established by the regulation.

It is an indispensable condition for the computation of the deduction referred to in this section, in relation to the respective incomes and activity, the payment of the contributions that, as self-employed, must be made compulsory to the Argentine Integrated Previsional System (SIPA) or the appropriate substitute retirements.

2. Three comma eight (3.8) times, in the case of net gains under the above-mentioned article 82 (a), (b) and (c).

The regulation shall establish the procedure to be followed when profits are obtained under both sections.

The deduction provided for in the second subparagraph of the first paragraph of this subparagraph shall not be applicable when compensation is covered by article 82 (c), originated in special forecasting regimes which, depending on the position of the beneficiary, provide a differential treatment of the provision, mobility of benefits, as well as the age and number of years of service to obtain the retirement benefit. Exclude from this definition to the differential regimes set up under painful or unhealthy activities, determinants of premature old age or depletion and the regimes corresponding to the educational, scientific and technological activities and withdrawal of the armed and security forces.

In the case of the incomes referred to in subparagraphs (a), (b) and (c) of Article 82 of the present, and with exclusive effect for the subjects whose remuneration and/or gross does not exceed the sum equivalent to pesos one hundred and fifty thousand ($ 150,000) per month, they shall add to the deduction of the preceding paragraph, an amount equal to the amount that arises from subtracting to the net profit of the amounts of subparagraphs, Also, and with exclusive effect for those who pay and/or have gross exceeds the sum equivalent to pesos one hundred and fifty thousand ($ 150,000) per month, but does not exceed weights one hundred and seventy and three thousand ($ 173,000) per month, including, empower the national executive branch to define the magnitude of the additional deduction provided for in this paragraph in order to promote that the corresponding tax burden of this taxation does not neutralize the benefits derived from this political measure.

To be treated as a monthly remuneration and/or a monthly gross, for the sole purpose of the preceding paragraph, to the sum of all the amounts that are perceived, regardless of their denomination, should not be considered, only, the Supplementary Annual Grant that is applied in accordance with the following paragraph.

Art. 7°- Replace the fourth and fifth paragraphs of Article 30 of the Vocabulary Tax Law, ordained text in 2019 and its amendments, which will be drafted as follows:

In respect of the incomes referred to in article 82 (c) of the present article, the deductions provided for in subparagraphs (a) and (c) of this article shall be replaced by a specific deduction equivalent to eight (8) times the sum of the guaranteed minimum assets, defined in article 125 of Law 24,241 and its amendments and supplements, provided that the latter amount exceeds the sum of the above deductions.

The provisions of the preceding paragraph shall not apply to those individuals who perceive and/or obtain income of different nature than those provided for above the amount provided for in subparagraph (a) of this article. Nor shall such deduction be appropriate for those who are obliged to pay tribute to the Personal Property Tax, provided that this obligation does not arise solely from the possession of a single housing property.

Art. 8°- Replace subparagraph (c) and article 82, paragraphs 4 and 5, of the Vocabulary Tax Act, which is ordained in 2019 and its amendments, which shall read as follows:

(c) Retirements, pensions, withdrawals or subsidies of any kind as soon as they originate in personal work and to the extent that they have been subject to the payment of the tax, of the councillors of the cooperative societies and of the monthly and vital assignments recognized to the presidents and vice presidents of the Nation set forth in Law 24.018.

However, in the case of the costs of mobility, roads and other similar compensations paid by the employer, the deduction provided for in article 86, subparagraph (e), of this law shall be applied, in the amounts established by the collective labour agreement for the activity concerned or - if not stipulated by agreement - those actually liquidated in accordance with the receipt or record provided by the employee for such purpose, the amount not exceeding forty per cent of the income provided by the employee.

With regard to long-distance transport activities, the deduction indicated in the preceding paragraph may not exceed the amount of the unimposable gain set out in article 30 (a). To that end, it should be considered as long-distance transport to the driving of vehicles whose route exceeds one hundred (100) kilometres from the usual workplace.

Art. 9o- Replace in article 92 (a) of the Vocabulary Tax Act, a text ordained in 2019 and its amendments, the expression “except the provisions of articles 29 and 30” for “except those expressly authorized by this law”.

Art. 10.- Replace the second paragraph of Article 111 of the Vocabulary Tax Act, which is ordained in 2019 and its amendments, which shall read as follows:

Exclude from the provisions of the paragraph prior to the provision of work clothes or any other element linked to the clothing and equipment of the worker for exclusive use in the workplace, to the granting or payment of training or specialization courses to the extent that the same are indispensable for the performance and development of the employee's career or dependent within the company and to the refund documented with proof of childcare and childcare costs

Art. 11.- The provisions set out in the third paragraph of article 30 of the Vocational Tax Act, which was ordained in 2019 and their modifications, relate to the increase in personal deductions, by twenty-two per cent (22%), in the case of employees in relation to dependency who work and retirees living in the provinces and, where appropriate, party, referred to in article 1 of the Act.

Art. 12.- Entitlement to the national executive branch and the Federal Government of Public Income, an autonomous entity within the Ministry of Economics, to dictate the complementary and interpretative rules related to both the scope of the provision relating to the exempt salary that the workers receive in relation to the dependence of the bonds for productivity, cash judgement, or concepts of similar nature, of the second paragraph of Article 26, paragraph 1

It also empowers the national executive branch to increase, during fiscal year 2021, the amounts provided for in the last paragraph of article 30 (c) of the Gain Tax Act, which was ordered in 2019 and its amendments.

Art. 13.- Proprove, until 30 September 2021, the validity of the provisions of Article 1 of Law 27.549, with exclusive effect for the remunerations accrued in the form of mandatory (active or passive) guards and extra hours, and any other concept that is liquidated in a specific and additional way by virtue of the sanitary emergency caused by COVID-19, for the professionals, technicians, auxiliaries (incluct gastronomy)

Art. 14.- This law will begin to govern the day of its publication in the Official Gazette of the Argentine Republic and will have effect from the fiscal period beginning on 1 January 2021, inclusive.

Art. 15.- Contact the national executive branch.

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

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

e. 21/04/2021 No. 25178/21 v. 21/04/2021