Tax Changes In The Iva - - Full Text Of The Norm

Original Language Title: IMPUESTOS MODIFICACION EN EL IVA - - Texto completo de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
IMPESTS Decree No. 1157/92 Amendment of the Nros Decrees. 1076/92, 2407/86 and Article 6 of the Law on Taxation of Value Added, text replaced by Law No. 23.349 and its amendments.

Bs. As., 10/7/92


That Decree No. 1076 of 30 June 1992, in its articles 4 and 5, eliminated certain exemptions for the subjects covered by Title VI of the Vocabulary Tax Act, which was ordained in 1986 and its modifications, with effect for the gains obtained in the course of the periods closing from the date of publication in the Official Gazette and subsequent periods.

That the tax-exemptive treatment that enjoyed the incomes from the type of operations in question could be a significant factor in setting the conditions of the same or in guiding the investment, a situation that is intended to be corrected by the dictation of the aforementioned rule.

That therefore, in order not to alter the existing economic framework at the time of such operations and that the new treatment may be considered in future decision-making, it is appropriate to modify the entry into force of the rule in question.

On the other hand, attentive that the services provided by the management companies of the common investment funds are similar to those performed by the brokers and open market agents, it is advisable to give them an identical treatment against the added value tax.

Moreover, taking into account the latest amendments to the value-added tax on the elimination of exemptions, as well as the imminent privatization of certain services currently provided by the State, some corrections to the current regime are necessary immediately in order to avoid distortions that affect market competition levels.

That the NATIONAL EXECUTIVE PODER, in addition to the powers conferred on it by article 86 of the NATIONAL CONSTITUTION, may exercise legislative powers when the need is made present and the urgency justifies it, with the support of the best constitutional doctrine and the jurisprudence of the SUPREMA COURT of JUSTICE.




Article 1 de Replace Article 6 of Decree No. 1076 of 30 June 1992 with the following:

"Article 6o. Las The provisions of this decree that are not of special relevance shall enter into force on the day after the date of its publication in the Official Gazette, except those of Article 2 that shall govern for the fiscal period 1992 and those of Articles 4th and 5th that shall have effect for the dispositions that are made and the interests or rents that are made available from the date, inclusive."

Art. 2o el Article 6 of the Law on Attached Value Tax, text replaced by Law No. 23,349 and its amendments, as follows:

(a) Delete subparagraph (b).

(b) Amend subparagraph (j), as follows:

1. Replace point 9, with the following:

"9. The ones provided by the trade exchanges, as well as the services provided by brokers, open market agents and common investment fund management companies."

2. Replace point 17, paragraph 3, with the following:

"3. The passive interests of savings and loan schemes; savings and capitalization; of private retirement insurance schemes administered by entities subject to the control of the NATIONAL SUPERINTENDANCE; of plans and funds of retirements and pensions of mutuals registered and authorized by the NATIONAL INSTITUTE of MUTUAL ACTION and of the administering companies of the funds of pensions and pensions in respect of the transactions related to the administrations.

Art. 3o de Replace article 10 of Decree No. 2407 of 23 December 1986 and its amendments, as follows:

"Article 10. La The exemption provided for in article 6 (c) of the law, referring to banknotes, includes tickets to the order of all classes issued by the authorized States or issuing banks, to be used as trustworthy signs in both the emission countries and in the other countries."

Art. 4o Las The provisions of this decree shall govern:

(a) Article 1 since the publication of Decree No. 1076/92 in the Official Gazette.

(b) Articles 2 (a) and 3rd (a) since the day after their publication in the Official Gazette.

(c) Those in article 2 (b) since 1 July 1992, inclusive.

Art. 5o . Note the HONORABLE CONGRESS of the NATION of the provisions of articles 1 and 2o.

Art. 6th . Communicate, publish, give to the National Directorate of the Official Register and archvese. . MENEM. . Domingo F. Cavallo.