COOPERATIVAS Regulate the forms and procedures for the implementation of the Fund for Cooperative Education and Promotion, the contribution provided for in article 6 and the exemptions referred to in article 22 of Act No. 23427. DECRETO N° 1.948
Bs. As., 7/12/87
I take the provisions of Act No. 23.427, and
That it is necessary to regulate the forms and procedures for the implementation of the FUND for COOPERATION AND PROMOTION in accordance with the purposes set out in article 1 of Act No. 23 427.
It is also relevant to establish provisions that require property aspects, fiscal period, exchange of information between the collection and enforcement agencies of the fund, among others, in order to specify the taxable basis, periodicity and collection of the special contribution provided for in article 6 of the Act.
It is also appropriate to regulate the exemptions referred to in article 22 of Act No. 23,427.
That the NATIONAL EXECUTIVE POWER is empowered to dictate this regulation by article 86 (2) of the National Constitution and article 5 of Act No. 23.427.
THE PRESIDENT OF THE ARGENTINA NATION
RIGHT: Article 1
The Fund for Cooperative Education and Promotion, established by Act No. 23.427, for the purpose set out in article 1 (a), (b), (c) and (d), shall apply to its specific destination, in accordance with the present decree and in accordance with the provisions of Act No. 20.337. Art. 2 °
- Cooperative Education means teaching the foundations of the cooperative doctrine, its history and historical evolution, the legal regime of the cooperatives, in their different branches, structures and functioning, as well as their assessment and incidence in the social field. Art. 3rd
- Cooperative promotion means any activity carried out in order to induce in the population the advantages of the cooperative solution in all aspects of the economic and social life of the country. In particular, all possible courses of action to implement articles 1 and 3 of the law. Art. 4°
The administration of the Fund established by law shall be the responsibility of the Cooperative Action Secretariat, for which it shall be the authority to implement this regime, in accordance with articles 3 and 23 of the Act. The respective regulations to be issued by the Cooperative Action Secretariat will determine the way and requirements for the allocation of loans and subsidies, on the basis that the first will be guided, preferably, in the Cooperative Promotion, while the second in Cooperative Education. Art. 5°
- The Cooperative Action Secretariat shall issue a final resolution on those matters relating to the regime implemented by this decree. To that end, it will invite the organized cooperative movement, (Cooperative Confedetration of the Argentine Republic Limited and Intercooperative Confederation Limited Cooperative, to express its opinion and to give suggestions. Where the decision may be of interest to other areas of government, the Honorary Advisory Council provided for in article 111 of Act No. 20,337 shall be involved. Art. 6°
- Official credit institutions, at the request of the Cooperative Action Secretariat, shall grant loans from the Fund ' s income, in an amount not exceeding a Sesenta per Hundred (60 per cent) of the estimated income at the expiration of each advance or of the special contribution, if any. Art. 7°
- The Secretariat for Cooperative Action, through the competent Directorates of the area, shall, on an annual basis, develop plans and programmes to be submitted, through the Ministry of Economy of the Nation, to the approval of the Executive Branch of the Nation. To that end, it will invite the Organized Cooperative Movement (Confederación Cooperativa de la República Argentina Limitada y Confedeeación Intercooperativa Agropecuaria Limitada), to participate and issue opinions. Art. 8°
In accordance with article 106 (4) of Act No. 20,337, it shall be up to the Secretariat for Cooperative Action to exercise the control of the natural and legal persons benefiting from the loans and subsidies granted under this Decree. Art. 9°
- The total or partial non-compliance by the beneficiaries of the law, the conditions laid down in that decree, the present decree and the resolutions which are determined by the Secretariat of Cooperative Action, shall entail the application of the penalties provided for in article 101 of Act No. 20,337 with the amendments to Act No. 22,816, without prejudice to any other measures that may correspond. Art. 10
. - In the event that two financial periods are closed in the same fiscal period, the special contribution created by section 6 of Act No. 23.427 shall be liquidated by that year on the resulting capital at the end of the latter. Where in cases of merger or incorporation provided for in article 83 of Act No. 20,337 occurs in the same fiscal year, the closure of the exercise of the entity or entities that merge or incorporate and of the continuum or incorporation, all cooperatives shall pay the special contribution on the resulting capitals at the end of their respective fiscal periods. However, the continuing or incorporating entity may credit the amount of the contribution determined by the or entities merged or incorporated, in the portion or proportion corresponding to the transferred taxable capital. The computation of the tax credit by the continuum or introducer shall in no case generate balances in favour of the tax. In the event that, in a calendar year, a non-annual period is closed, the tax shall be settled on the resulting capital at the end of the non-annual period. When the date of closure of the exercise presumed a purpose of evading the special contribution, the Tax General Directorate is entitled to require payment of the same on the resulting capitals at the end of the twelve (12) calendar months computed from the date of initiation of activities or, if any, of initiation of the non-year period. Art. 11
. Cooperatives that maintain capital tax balances may compensate them for payment of the Fund for Education and Cooperative Promotion, advances and/or accessories. Art. 12. -
For the purposes of valuation of the properties, it shall be understood that they integrate the property on the condition that, at the time of the end of the exercise, their possession, or their deed has been made. Mines, quarries, natural forests, perennial plantations (fruits, vines, shaded forests, etc.), and other similar assets, shall be computed to the cost of acquisition, implantation or income to more, if any, the expenses incurred to obtain the concession, updated in accordance with the provisions of article 8 (b) of the Act. When such property suffers from wear or depletion, the calculation of the charges or the corresponding amortizations will be appropriate. In forest farms, timber already cut or standing will be computed for its cost value. For the purposes of the application of the third paragraph of article 8 (b) of the law, the cooperative shall take into consideration for each of the properties of which it is owned, the determined value in accordance with the rules contained in the first paragraph of the mentioned paragraph, or the value arising from the taxable base, in the proportional part to the value of the land, set at the date of the end of the exercise, to the effect of the greater taxation of the like.
Where the cooperative considers that the value of a property, in the proportion attributable to the land, is less than 10 per cent (10%) to which it is appropriate to assign it in accordance with the provisions of the preceding paragraph, it may take, for the purpose of the liquidation of the contribution, the value to be assigned to it, provided that it provides to the Directorate General Impositive evidence that would justify the formality and effect. In cases of cession of the nude property of a property by onerous contract with reservation of the usufructo, the owners and usufructuaries shall be considered holders by half. Art. 13.
- Buildings, constructions and improvements, even if they correspond to properties that review the nature of exchange assets, will not integrate the cooperative asset for the purpose of liquidating the special contribution, pursuant to Law No. 11.380. Art. 14.
- To assess foreign currency credits and debts, in accordance with the provisions of article 8 (d) of the law and article 12 (a) of the same, respectively, the actual rate of exchange, buyer or seller, shall be taken into account, respectively, in accordance with the Bank of the Nation's quote at the end of the operations of the day of the end of the period, which is applicable to each operation, according to the modalities of the matter and If there is no quote on the date, the exchange rate will be taken at the end of the operations of the last immediate working day. Art. 15.
The presumed interests that must be included in the asset in accordance with article 8 (e) of the Act are those whose annual capitalization is provided for in article 73 of the law on tax on profits (as ordered in 1986). Art. 16.
- Where, by application of the provisions of article 8 (f) and (g) of the law, the calculation of assets exempted to determine the value of actions that do not collide in stock and shares in the capital of any type of corporation shall also be computed by the liability that is proportionate to such property, in accordance with article 13 of the law. The increases referred to in the provisions contained in the third paragraph last part - of subparagraphs (f) and (g) of that article 8 are those produced in the participation of the cooperative in the capital of other companies as a result of the integration of shares or of capital contributions verified between the closing date of the exercise of the society in which it is participating and the closing date of the financial period of the cooperative. The value of such increases will be given for the amount of the integrations or contributions made. For its part, the decreases in capital provided for in the rules referred to in the preceding paragraph are those that affect the value of actions or shares owned by the cooperative at the end of its financial period, following:
(a) Dividends in cash or in kind, including released shares, made available by the issuing company of the actions during the course of that exercise, whatever the commercial exercise in which the distributed profits have been generated.
(b) Uses distributed by the society in which the cooperative participates after the last financial period closed by the cooperative during the period in which the contribution is liquidated, regardless of the financial period in which the distributed profits were generated. The profits referred to in this paragraph do not include those that have been credited to the particular accounts of the partners, which shall be treated in accordance with the provisions of article 8 (g), second paragraph, of the Act.
Where the dividends referred to in subparagraph (a) above have not been distributed in liberated actions, and in the case of the profits provided for in subparagraph (b), in order to establish the value of the actions or shares that originated them, the amount attributable to them in accordance with subparagraphs (f), third paragraph and (g), first paragraph, of article 8, of the Act shall be reduced before the update provided for in the above. The result thus obtained, updated in the manner provided for by the above-mentioned legal rules, shall constitute the computable value of the actions or participations, without prejudice to the application of article 18. In the case of unpaid dividends at the end of the year, the treatment set forth above will not alter its computation as a credit, to which effect the value assigned by the society that distributes them should be considered.
In the case of dividends in liberated actions, which fall under the preceding subparagraph (a), they shall be deducted by their nominal value from the amount which, in accordance with the third paragraph of article 8 (f) of the Act, must be attributed to the actions that originated them, after the update provided for in that rule. The resulting amount shall be the computable value of these last actions, while the released actions shall be computed for their nominal value, without prejudice to the exclusion provided for in article 18 with respect to the dividend, which shall be considered for the same amount deducted in accordance with the provisions of this paragraph. Art. 17.
- For the purposes of the valuation of immaterial goods obtained by the cooperative, the amount of development, study and research expenditures incurred for this purpose shall be considered as cost. Each of the expenses that comprise such cost shall be updated in the manner provided for in article 8 (h), first paragraph, of the law, taking as an investment date the realization of the respective erogation.
Where the intangibles obtained are of limited duration, for the purposes of their valuation, the amount established in accordance with the provisions of the preceding paragraph shall be reduced by the detraction provided for in the preceding paragraph, in its second paragraph. Art. 18.
- For the purpose of the liquidation of the special contribution shall not be computable the dividends in cash or in kind, including actions released, perceived or not to the date of the end of the exercise, corresponding to commercial exercises of the issuing company that have closed during the course of the period for which the contribution is liquidated, regardless of the exercise in which the profits have been generated. Nor shall the profits credited to or perceived by the shares in the capital of other passive subjects of the capital tax, corresponding to commercial exercises of the same closed during the course of the period in which the contribution is liquidated. Art. 19.
- The property located abroad shall be considered as a computable asset, provided that the property should not be regarded as permanently located abroad, pursuant to article 11 of the Act. Art. 20.
- In all cases in which for the liquidation and/or determination of the contribution, the values to be reported by third parties should be taken into account, they shall be obliged to produce the information in the conditions and time frames determined by the General Taxation. Where the adjustment of the reported value is subsequently made, only the rectification of the statement of the contribution that included such information will be made when the error occurred in the information itself. Art. 21.
- When the changes in capitals operated during the period made a purpose of evasion of the contribution, the General Impositive Directorate may provide that, for the purposes of the determination of capitals, such variations shall be proportionate to the time elapsed from the operation of these events to the end of the exercise, this result is increased or diminished, as appropriate, to the capitals established in accordance with the law and the present decree. Art. 22.
- The Impositive General Directorate will periodically refer to the Cooperative Action Secretariat, a heel of the deposit vouchers of the contribution with the seal of the collecting entity. Art. 23.
In accordance with article 22 of the Act, the same benefits provided by sectoral or regional promotion regimes in respect of the partial or total exemption from the capital tax shall be taken into account in respect of the special contribution. Art. 24.
Cooperatives referred to in article 22 (a) of the Act shall be exempt from the contribution provided for in article 6 of the same with respect to capital affected to the provision of public service, to the same extent that State entities providing equal services are in the capital tax and provided that they justify their conditions of public service providers to the Cooperative Action Secretariat. Art. 25.
- They shall also be exempt from the contribution provided for in article 6 of the Act, in accordance with article 22 (b) of the Act, when they receive State or private subsidies and provide free education and justify to the Secretariat of Cooperative Action the latter. They must also be recognized by the appropriate authority in the field of education. Art. 26.
- Communicate, publish, give to the National Directorate of the Official Register and archvese.
Juan B. Sourrouille
Mario S. Brodersohn