Forest Investment Law N? 25.080 - Extension And Modification - Full Text Of The Norm

Original Language Title: INVERSIONES FORESTALES LEY N? 25.080 - PRORROGA Y MODIFICACION - Texto completo de la norma

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FORESTIAL INVERSIONS

Law 27487

Act No. 25.080. Extension and modification.

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

Law:

PRROGA AND MODIFICATION LEY 25.080

Article 1 - Amendment to article 1 of Act No. 25.080, which shall read as follows:

‘Article 1: Introduce a regime for the promotion of investments that are made in new forest enterprises and in the expansions of existing forests, which will govern with the scope and limitations set out in the present law and the complementary rules that the national executive branch provides.

In addition, the installation of new afforest-industrial enterprises and the extensions of existing ones may be benefited, provided that the timber supply is increased through the establishment of new forests. Such benefits should be related to investments actually made in implementation. ’

Article 2 - Amend Article 2 of Law 25.080, which shall read as follows:

‘Article 2: All subjects who make effective investments in the activities covered by this Act may be beneficiaries.

To this end, human and legal persons, including State societies, state-owned capital companies or public entities, indivisse successions and trusts, as well as other non-society or equivalent contractual figures, will be considered. ’

Article 3 - Amend Article 3 of Law 25.080, which shall read as follows:

‘Article 3: The activities covered by the regime established by this law are: the implementation of forests, their maintenance and their sustainable management, including research and development activities, as well as the industrialization of wood, when all of them form part of an integrated forest or afforestation.

Article 4 - Amend Article 4 of Law 25.080, which shall read as follows:

‘Article 4: Focus by forest entrepreneurship, for the purposes of this law, on plantations of ecologically adapted forest species to the site, and to meet the current and potential demand for raw materials by different industries, whether in pure, mixed plantations or in agroforestry systems.

Focus on afforesto-industrial entrepreneurship that uses wood as the main input for the production of products and that includes the implementation of forests. ’

Article 5: Amend Article 5 of Law 25.080, which shall read as follows:

‘Article 5: National and provincial enforcement authorities shall establish a zoning by forest basins for the location of entrepreneurship, based on environmental, economic and social sustainability criteria. The zoning of forest basins shall respect the territorial system of native forests adopted by provincial law as provided for in law 26.331. Entrepreneurships that develop outside these forest basins will not be beneficiaries of this regime.

Until the national and provincial enforcement authorities establish the zoning mentioned in the preceding paragraph, to be beneficiaries of this regime, the enterprises shall obtain the corresponding provincial environmental approvals, be placed in accordance with the territorial system of native forests approved by provincial law and provided for in national law 26.331, and be developed through the use of practices framed in criteria of environmental, economic and social sustainability.

National and provincial enforcement authorities should monitor and review the criteria used in forest basin zoning periodically. ’

Article 6: Amend Article 7 of Law 25.080, which shall read as follows:

‘Article 7: Subjects carrying out activities under this regime, in accordance with the provisions of Title I, shall be applicable to the general tax regime, with the modifications set out in this title. ’

Art. 7o- Amend article 8 of Act 25.080 to read as follows:

‘Article 8: The enterprises covered by this regime shall enjoy fiscal stability for the term of up to thirty (30) years, counted from the date of approval of the respective project. This period may be extended by the application authority, up to a maximum of fifty (50) years according to the area and cycle of the species that are implanted.

Fiscal stability means that the subjects covered by this investment regime will not be able to see the total tax burden determined at the time of the presentation of the undertaking, as a result of increases in taxes and fees, regardless of their denomination at the national level and at the provincial and municipal levels, or the creation of new ones that reach them as subjects of law of the same. The provisions of this article shall not apply to the value-added tax, which, for the purposes of the activities included in the regime, shall conform to the general tax treatment without prejudice to the provisions of article 10 of this Act.

Art. 8°- Amend article 9 of Act 25.080, which shall read as follows:

‘Article 9: The holders may request the issuance of appropriate tax stability certificates, with the taxes, contributions and fees applicable to each undertaking, both nationally and provincially and municipally in force at the time of submission. To this end, they shall present the details of the duly certified tax burden in force at the time of the submission of the project, at the national, provincial and municipal levels, as appropriate, which shall be considered by the tax authority of each jurisdiction.

The same will be considered firm, if such authorities do not observe it within the twenty (20) business days received.

The holder of the undertaking may request the issuance of unified or separate certificates by jurisdiction, without any waiver of the tax benefits set out in the present. ’

Article 9: Amend article 10 of Law 25.080, which shall read as follows:

‘Article 10: In the case of the enterprises referred to in Article 1, the Federal Public Income Administration shall proceed to the return of the tax credits originating in the purchase of goods, locations or services, or definitive importation, intended effectively for the forest investment of the project, in the form, time and conditions set forth in the Law of the Tax on the Attached Value, § 24, according to Article 2430. Without prejudice to the above provisions, the period stipulated for the application of the sums returned shall be extended until the time of the logging and sale of the plantations. ’

Article 10: Amend article 11 of Act 25.080, which shall read as follows:

‘Article 11: Subjects of undertakings that make investments in capital assets under this Act may opt for the following regimes for the amortization of profit tax:

(a) The common system in force in accordance with the Gain Tax Act;

(b) By the following special regime:

I. Investments in civil works, constructions and equipment corresponding to them, to provide the necessary infrastructure for the operation, can be amortized as follows: sixty percent (60%) of the total amount of the infrastructure unit in the fiscal year in which the respective habilitation occurs, and the forty percent (40%) remaining in equal parts in the next two (2) years.

II. Investments made in the acquisition of machinery, equipment, transport units and facilities not covered by the preceding section may be amortized one third per year from the start-up.

Impositive amortization of computing for the above-mentioned assets may not exceed in each fiscal year the amount of the taxable profit generated by the development of forest activities, determined prior to the detraction of the relevant amortization, and to correspond, once computed, the tax breaks of previous periods.

The surplus not computed in the respective fiscal year may be charged to the following exercises, considering for each of them the limit mentioned above.

In no case, the period in which the tax repayment of the goods in question is finally complied with may exceed the end of their respective useful lives. If this is verified, the amount of unpaid computing amortization must be fully charged to the fiscal year in which the useful life of the asset concerned ends. ’

Art. 11.- Amend article 12 of Act 25.080, which shall read as follows:

‘Article 12: Forest enterprises and the forest component of afforest-industrial enterprises shall be exempt from any existing property tax or to be created that is serious to the assets or assets affected. ’

Art. 12 - Amend article 14 of Act 25.080, which shall read as follows:

‘Article 14: Approval of statutes and conclusion of social contracts, trust contracts, management regulations and other constituent instruments and their registration, whatever the legal form adopted for the organization of the undertaking, as well as its modification or extension of capital and/or issuance and liberalization of shares, shares, certificates of participation and all other titles of debt or capital to which the organization of the approved project will be exempted in the framework of any national tax. Provincial governments adhering to this regime should establish similar rules within their respective jurisdictions. ’

Art. 13.- Amend article 15 of Act 25.080, which shall read as follows:

‘Article 15: The annual budget will record the fiscal cost incurred in each period. ’

Art. 14.- Amend article 17 of Law 25.080, which shall read as follows:

‘Article 17: Subjects of undertakings covered by this regime and approved by the implementing authority may receive non-refundable economic support, which shall consist of an amount per hectare, variable by area, species and forest activity, as determined by the implementing authority and in accordance with the following conditions:

(a) From 1 to 20 hectares, up to 80 per cent (80%) of implementation costs. For more than 20 hectares and up to 300 hectares;

(b) For the first 50 hectares, from 1 to 50 hectares, up to sixty percent (60%) of the implementation costs;

(c) For the following 100 hectares, from 51 to 150 hectares, up to fifty percent (50%) of the implementation costs;

(d) For the following 150 hectares, from 151 to 300 hectares, up to forty per cent (40%) of the implementation costs.

In the Patagonian region it will spread:

(e) For the following 200 hectares, from 301 to 500 hectares, up to forty percent (40%) of the implementation costs.

Reach the enforcement authority to grant non-refundable economic support by changing the conditions set out in this article, where the funds required to resolve it do not come from the allocation set out in the national administration budget law specifically for the implementation of Act 25.080.

The implementing authority may establish a higher amount of non-refundable economic support when undertakings relate to native or exotic species of high commercial value and/or have sustainable forest management certifications.

In relation to forestry (poda and raleo) treatments, the subject holders of enterprises may receive non-refundable economic support, which will consist of up to seventy per cent per hectare (70%) of the costs derived from the activity, deducted the income that could occur. Such support cannot be perceived when each activity exceeds a surface greater than 600 hectares.

The national executive branch shall include in the national administration ' s proposed budget an annual amount intended to address the economic support referred to in this article.

Art. 15.- Amend article 18 of Act 25.080, which shall read as follows:

‘Article 18: The economic support indicated in the preceding article shall be effected after the certification of tasks and their technical approval, in accordance with the conditions established by regulation, for the following activities: (a) Certified planning between the ten (10) and twenty-four (24) months carried out; (b) Forestry treatments (poda and raleo), certified from their realization and up to the twelve (12) months later. The holders of the undertakings may apply to the implementing authority for an extension of the aforementioned deadlines.

With respect to the income tax, the above-mentioned economic support will set up a cost reduction. ’

Art. 16.- Article 19 of Act 25,080, which shall read as follows:

‘Article 19: The benefits of this title may be complemented by others of state origin. ’

Art. 17.- Amend article 23 of Act 25.080, which shall read as follows:

‘Article 23: The authority for the application of this law shall be the Ministry of Agriculture, Livestock and Fisheries, of the Ministry of Agro-Industry of the Nation, or which in the future replaces it. The implementing authority may decentralize functions in the provinces and municipalities in accordance with Article 6 (a) and (b). ’

Art. 18 - Protract the period provided for in article 25 of Law 25.080, for the term of ten (10) years after its expiry.

Art. 19.- Amend article 27 of Law 25.080, which shall read as follows:

‘Article 27: The holders of undertakings requesting the benefits provided for in this Act, except for the non-refundable economic support provided for in article 17, shall submit an annual affidavit of the benefits used and constitute the relevant guarantees in the terms of the regulation established by the implementing authority. ’

Art. 20.- Amend article 28 of Law 25.080, which shall read as follows:

“Article 28: When the enforcement authority, after the relevant summary, whose instruction will be carried out by the National Directorate for Industrial Forestry Development, finds that it has been committed to any violation of this law, shall apply one or more of the penalties set out below, in accordance with the nature of the violation, the characteristics and gravity of the passive act or omission of sanction, the injury caused and the history of the violation:

(a) Perception;

(b) Total or partial expiration of treatment;

(c) Return of perceived non-refundable economic support, updated by the application of the current administrative act on the costs of implantation and forestry treatments, in a manner proportional to the specified expiry;

(d) Restitution of unpaid taxes and refund of any other non-tax benefit granted in national, provincial or municipal jurisdiction;

(e) Fine, which shall not exceed thirty percent (30%) of the investments actually made in the undertaking. It shall be calculated as established by the enforcement authority in the regulation and shall be proportionate to the seriousness of the offence committed. In the event of recidivism within the five (5) years of an offence, without prejudice to the penalty that may be appropriate, the penalty of a fine shall be applied, the amount of which shall be determined in the manner established in the regulation by the enforcement authority.

Applied penalties may be appealed within ten (10) days before the National Appeals Chamber in the Federal Administrative Disputes of the Federal Capital, upon deposit of the corresponding amount if it concerns penalties of pecuniary content. The appeal must be submitted to the authority of application and founded. The penalties provided for in this article do not exclude those which may correspond in accordance with the provisions of law 11.683 (t. 1978) and their amendments. ’

Art. 21.- Incorporate as article 28 bis to law 25.080 the following article:

‘Article 28 bis: The National Directorate for Industrial Forestry Development shall charge the alleged violation of this law, its complementary and/or regulatory rules to the alleged responsible for the act or omission, in order to guarantee its right of defence, in accordance with the procedure established in the current regulation.

The accused may, in any instance, disclose the recognition of the commission of the offence to the enforcement authority. In the event that the search is made within ten (10) subsequent working days of notification of the alleged infringement, in the event that it is appropriate to apply the fine penalty established in article 28, subparagraph (e), that amount will be reduced by fifty per cent (50%). In the event that the search occurs after the expiry of the period established for the presentation of the disclaimer and in the form prior to the issuance of the administrative act that ends the summary, the amount of the fine penalty will be reduced by twenty-five per cent (25%). ’

Art. 22.- Incorporate as article 28 ter to law 25.080 the following article:

‘Article 28 ter: The penalties of pecuniary content shall be paid within ten (10) working days of notifying the administrative act, in the official account indicating the authority of application. In the event of a lack of payment, the execution of these shall be regulated by the means of fiscal execution established in the Code of Civil and Commercial Procedure of the Nation, with sufficient title to that effect the certified copy of the administrative act issued by the implementing authority. ’

Art. 23.- Incorporate as article 28 the following article into law 25.080:

‘Article 28 quater: The actions to impose penalties for breaches of this law, its decrees and regulatory resolutions, are prescribed at age (5). The term of limitation shall begin to be counted from the date on which the commission of the offence is detected. The actions to give effect to the pecuniary sanctions applied will be prescribed at two (2) years. The term shall begin to be counted from the date on which the resolution has passed in authority of a judged thing. The statute of limitations on actions to impose penalties and to give effect to those of a pecuniary nature are interrupted by the commission of a new offence and by acts of encouragement of the administrative or judicial proceedings. ’

Art. 24.- Defrost article 29 of Act 25.080.

Art. 25.- Amend article 30 of Law 25.080, which shall read as follows:

‘Article 30: For the purposes of this law, the temporary limitation of article 1,668 of the Civil and Commercial Code of the Nation shall not apply. ’

Art. 26. - Incorporate as an article without a number after article 30 to law 25.080 the following article:

‘Article s/n: Believe the National Fund for the Cultivated Forests, in order to resolve the granting of non-refundable economic contributions and/or any other benefit established in this Law, and the actions to be carried out by the implementing authority for a better enforcement of this law, which shall consist of:

(a) Loans and/or subsidies specifically granted by national and international agencies;

(b) Donations and legacies;

(c) Any other contribution to the implementation of programmes by the implementing authority of this Act;

(d) The sale of publications or other services related to the forest sector;

(e) Unused budget and extrabudgetary resources from prior periods;

(f) Funds from taxes, fees and/or other specific contributions for the support of this regime.

The enforcement authority shall be empowered to issue the regulatory, clarification, amendment and supplementary rules relevant to the administration of the fund.

Art. 27.- Contact the national executive branch.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE DIASS OF THE TWENTY DAY TWO MIL DIECHOHO.

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MARTA G. MICHETTI - EMILIO MONZO- Eugenio Inchausti - Juan P. Tunessi

e. 04/01/2019 No. 523/19 v. 04/01/2019