EXTRAORDINARY CONTRIBUTION ON THE CAPITAL OF COOPERATIVAS AND MUTUALES OF AHORRO, CRÉDITO AND/or FINANCIAL, FOLLOW-UPS AND/or REASEGURS Law 27486 Creation.
The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force
CREATION OF THE EXTRAORDINARY CONTRIBUTION ON THE CHAPTER OF COOPERATIVAS AND MUTUALES OF AHORRO, CRÉDITO AND/or FINANCIAL, FOLLOWS AND/or REASEGURS
Extraordinary contribution on the capital of cooperatives and mutuals of savings, credit and/or financial, insurance and/or reinsurance.
Article 1 - Object. Consider an extraordinary contribution, of a transitional nature, on the capital of cooperatives and mutuals that carry out activities of savings, credit and/or financial and insurance and/or reinsurance, which will be applied throughout the territory of the Nation and which will be governed by the first four (4) fiscal years beginning on 1 January 2019.
Art. 2° - Subjects required. Cooperatives governed by Act No. 20,337 and its amendments and mutuals regulated by Act No. 20,321 and their amendments are bound by this Act, which are intended primarily to carry out the activities referred to in Article 1, regardless of the modality they adopt to develop them.
Art. 3rd - Subjects excluded. They are excluded from the provisions of this law, the mutuals whose main purpose is to carry out liability insurance activities for motor vehicles for public transport of passengers and ART-Mutual vehicles.
Liquidation. Impossible capital
Art. 4° - Imponible capital. The taxable capital of this contribution shall arise from the difference between the assets and the computable liabilities of the country and of the outside, at the end of each fiscal period, assessed in accordance with the provisions set out in articles 8 and 12 of Act No. 23,427 and their amendments thereto and those establishing the regulation of this Act.
Art. 5° — Computable and non-computable assets. The assets of the asset, valued in accordance with the rules of this law, shall be divided into computable and non-computable assets for the purposes of determining the taxable capital of the contribution.
The exempt property provided for in this Act shall not be computed.
Art. 6° — Assessment of liabilities. The liability shall be deducted from the asset as follows:
(a) If the asset is solely composed of computable assets for the purpose of liquidating the contribution, the liability shall be deducted in full;
(b) If the asset is composed of computable and non-computable assets, the liability shall be deducted in the same proportion as those assets.
Art. 7° — Exemptions. They will be exempt from the contribution:
(a) Property located in the province of Tierra del Fuego, Antarctica and South Atlantic Islands, under the conditions provided for by law 19,640;
(b) The social quotas of cooperatives and mutuals achieved by this contribution;
(c) Social participations and shareholdings in the capital of other controlled and/or permanently linked societies;
(d) Contributions made to the Economic Development Fund (FONDEP) pursuant to Act No. 27,431, amendments and supplements;
(e) Titles, certificates or other negotiable values issued by trustees established within the framework of the public-private participation regime established by law 27,328, their amendments and supplements;
(f) Contributions in entrepreneurial capital institutions, registered in the Register of Entrepreneur Capital Institutions (RICE) created by law 27,349 and its amendments;
(g) Securitization of mortgages, understood as issuing securitization of securities through a vehicle whose backing is made up of a portfolio of mortgage loans of similar characteristics;
(h) Titles, certificates or other negotiable values issued by infrastructure funds;
(i) Balances for deposits in external accounts.
Art. 8° — Rubbers not considered as active or passive. For the purpose of the liquidation of this extraordinary contribution, the balances of assessed contributions outstanding for the integration of partners will not be considered as active.
In addition, debts originating in contracts governed by the Technology Transfer Act are not considered as passive when they do not conform to the provisions of that law.
Art. 9° — Imponible capital. Deduction. The taxpayers shall deduct from the specified capital according to the provisions of the preceding articles, the following concepts, insofar as they do not integrate the computable liability:
(a) The amounts awarded to members of the board of directors and the union for reimbursement of expenses and remuneration;
(b) Entitlements and gratifications to staff who are paid or made available within five (5) months of the end of the social exercise;
(c) The return in cash of the distributable surpluses voting by the assembly dealing with the balance sheet and other documentation corresponding to the social exercise that served as the basis for the liquidation of this special contribution;
(d) The capital calculated in accordance with the above provisions, not taxable, for a total amount of up to fifty million pesos ($ 50,000.000). This amount will be updated annually, from the period 2020 inclusive, taking into account the variation in the Consumer Price Index (IPC) provided by the National Statistical and Census Institute (INDEC) for the month of October of the year prior to the adjustment for the same month of the previous year.
The total amount provided for in subparagraph (d) of this article shall not be applicable in the case of cooperatives and mutuals who carry out savings, credit and/or financial activities that do not have the certificate that credits their exemption from the tax on profits extended by the Federal Public Income Administration in compliance with the provisions of the Law on the Tax on Profitances for exempt entities.
Art. 10 - Alicuotes. The contribution shall arise from the application of the taxable capital determined in accordance with the provisions of this Act, which exceeds the amount set out in article 9 (d), the following scale:
|Determined taxable capital exceeding the minimum of Article 9 (d) ||They'll pay $ ||More than % ||Over $ |
|More than $ ||A$ |
|0 ||100,000, including ||0 ||3.00% ||0 |
|100,000.000 ||forward ||3,000.000 ||4.00% ||100,000.000 |
Art. 11 - Payment on account. The cooperatives will be able to calculate the amount they had entered for the same period as the special contribution on the capital of the cooperatives created by law 23,427 and its amendments.
Article 12 — For cases not provided for in this law and its rules of procedure, the provisions of Title III of the Special Contributions on the Capital of Cooperatives Act No. 23,427 and its amendments shall be supplemented, and their regulation, in all that is not contrary to the provisions of the preceding articles.
Article 13 — The special contribution created in Article 1 of the Act shall not exceed, in any case, twenty-five per cent (25%) of the previous accounting surpluses deduction of fifty per cent (50%) of the sums intended to cover the provisions of Article 42, paragraph 2 and 3, of Law 20,337 and its modifications, as well as the special contribution to the National Institute of Social Action established by the holding of the respective states.
Art. 14 — The contribution established by article 1 shall be governed by the provisions of law 11.683 (t. 1998) and its amendments, and their application, perception and control shall be carried out by the Federal Public Income Administration.
Art. 15 — The exemption established in article 29 of Act 20,321 and its amendments shall not apply to this extraordinary contribution.
Art. 16 — The production of the extraordinary contribution for cooperatives and mutuals of savings, credit and/or financial, insurance and/or reinsurance will be distributed in accordance with the rules of law 23,548 and its amendments.
Art. 17 — Default article 126 of Law 27.467.
Art. 18 — The provisions of this Act shall enter into force from publication in the Official Gazette.
Art. 19 — Contact the National Executive.
IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE DIASS OF THE TWENTY DAY TWO MIL DIECHOHO.
MARTA G. MICHETTI - EMILIO MONZO - Eugenio Inchausti - Juan P. Tunessi
Buenos Aires City, 07/01/2019
Pursuant to article 80 of the National Constitution, I certify that Law No. 27.486 (IF- 2018-65715599-APN-DSGA#SLYT) sanctioned by the HONORABLE CONGRESS OF NATION on December 12, 2018 has been enacted in fact on January 4, 2019.
For publication to the National Directorate of the Official Register, please copy to the HONORABLE CONGRESS OF NATION and, for its knowledge and other effects, refer to the MINISTERY OF HACIENDA. Implemented, arched. Pablo Clusellas
e. 08/01/2019 N° 1049/19 v. 08/01/2019