Bs. As., 3/6/92
VISTO the Law on Attached Value Tax, a text replaced by Law No. 23,349 and its amendments, and the Law on Gain Tax, a text ordered in 1986 and its amendments, and
That in order to achieve greater efficiency in the structure of the value-added tax regime, proving to avoid interference that disrupts the neutrality of the tax on the economic circuit, it is necessary to eliminate some exemptions, incorporating to the scope of application of the tax certain activities that, due to their significant impact on the determination of the costs, provoke, with their current exempt treatment, undesired distortions in the determination of relative prices and prices.
Moreover, the situation raised particularly affects the benefits involved in the privatization process provided for in Act No. 23,696, creating insecurities in determining the basis for which the negotiations should take place.
That the reforms introduced require the modification of other provisions of the same legal rule in order to adapt them to the new treatment established.
That in another order of things, it was considered appropriate to contemplate what was suggested by the Ministry of Foreign Affairs And CULTO, in terms of granting foreign diplomatic missions and agents, a benefit similar to that afforded to our representatives abroad, always on the condition of reciprocity and in order to be able to correspond to the privileged treatment already provided to our Embassies in some countries.
Given the crisis in the social security system, it is essential to take the necessary measures to achieve the full sanitation of the forecast system in the short term.
In this regard, the increase in the tax resources allocated to the system has been made available, for these purposes the proportion of the tax on the profits that is estimated to be obtained as a result of the non-computer of the accumulated bankruptcies that affect the liquidation of the tax, since they originate in the assumption of debt by the Nation, the current levels of co-participation are not affected.
That the above-mentioned situation calls as urgent the situation described, inexcusably requiring the immediate adoption of fund solutions to prevent the damages that would result in a delay in its implementation.
That the NATIONAL EXECUTIVE PODER, in addition to the powers conferred upon it by article 86 of the NATIONAL CONSTITUTION, may exercise legislative powers when the need is made present and the emergency justifies it, with the support of the best constitutional doctrine and the jurisprudence of the SUPREMA COURT OF NATION JUSTICE.
That the present is dictated in the context of the described emergency situation and supported by the above-mentioned doctrine of the rules of necessity and urgency, the legitimacy and validity of which is also recognized on the basis of a manifest intention to subject it to legislative ratification.
THE PRESIDENT OF THE ARGENTINA NATION
Article 1 de Amend the Added Value Tax Act, a text replaced by Law No. 23.349 and its amendments, as follows:
1. Amend article 5, as follows:
(a) Replace the first paragraph of subparagraph (a), with the following:
"In the case of sales deinclusive of recorded goods en at the time of the delivery of the good, issue of the respective invoice, or equivalent act, the one that was former, except that it was the provision of electricity, water or gas, regulated by meter, in which case the taxable fact will be perfected at the time of the expiry of the period fixed for the payment of the price or in the case of its previous total perception that was the one".
(b) To insert the following:
"That this is the sewage, drainage, telecommunications or the provision of running water, regulated by rates or tariffs fixed regardless of their actual benefit or the intensity thereof, in which case the imponible fact will be perfected at the time of the expiry of the time set for payment or of its total or partial perception, which is the case before."
(c) Replace item 2 (b) with the following:
"2. In the case of telecommunications services paid according to pre-established units of measure, in which case the imponible fact will be perfected at the time of the expiry of the period set for payment or of its total or partial perception, which is the previous one."
(d) Incorporate as the last point in subparagraph (b), the following:
"It is a matter of placements or financial benefits, in which case the imponible fact will be perfected at the time of the expiration of the fixed time limit for the payment of its performance or for its total or partial perception, which is the previous one."
2. Delete article 6 (i).
3. Amend article 6 (j), as follows:
(a) Replace point 12.
"12. Taxiimeters, chauffeur remissions and all other passenger, land, aquatic or air transport services carried out in the country.
The waiver at this point also includes the cargo services, which are passenger accessories and the transport of packages and are entrusted to carry the same vehicles affected to the service."
(b) Delete point 16.
(c) Replace point 17.
"17. The following financial placements and benefits:
1. Cash deposits in national or foreign currency, in their various forms, carried out in institutions governed by Act No. 21.526, loans between such institutions and other transactions relating to benefits covered by this item.
2. The operations of passes of securities, stocks, currency or foreign currency.
3. The passive interests of savings and loan schemes; savings and capitalization; private retirement insurance schemes administered by entities subject to the control of NATIONAL SUPERINTENDANCE; retirement and pension schemes and funds of mutual funds registered and authorized by the NATIONAL INSTITUTE OF MUTUAL ACTION and of Trust and Pension Fund Administrators.
4. Interest paid to their partners by legally constituted cooperatives and mutuals.
5. Interests from business loan operations to their employees or the latter to those made under conditions other than those that could be agreed between independent parties, taking into account normal market practices.
6. The interests of the negotiable obligations placed by public tender that have the respective authorization of the NATIONAL VALORES COMMISSION, governed by Law No. 23.576.
7. The interests of preferred actions and titles, bonds and other securities issued or issued in the future by the Nation, provinces and municipalities.
8. The interests of housing loans granted by the NATIONAL FUND OF THE VIVIENDA and those for loans for the purchase, construction or improvement of housing destined to house room, in the latter case whatever the condition of the subject that grants it".
4. Default of the article incorporated after article 6 by Act No. 24.073.
5. Replace item 2 of the fifth paragraph of article 9:
"2. Interests, updates, commissions, recoup of expenses and similar expenses perceived or accrued for deferred or out-of-term payments.
The above-mentioned concepts originating in debts resulting from Laws No. 13,064; 21,391; 21,392 and 21.667 and Decree No. 1652 of 18 September 1986 and their respective amendments, and their similar emerging from provincial laws or municipal ordinances issued with equal scope, are excluded from the above provisions."
6. Replace the last paragraph of article 19 with the following:
"If the respondents proceed from activities exempted or not covered by the tax, the tax debit resulting from the said special liquidation may not be transferred to the price of the goods or services derived from the exploitation, in such cases such a circumstance must be taken into account in determining the costs, timelines and other conditions inherent in granting the concession. When the waiver or non-subjection contemplated in this paragraph has a partial scope, the intended treatment shall apply to the appropriate extent."
"In the event that the income from the exploitation constitutes for the concessionaire other encumbered facts, the liquidation carried out according to the preceding paragraphs will replace the one expected for the latter. If the latter are subject to a liquota other than that of the imponible facts on the basis of the said special liquidation, the latter must be practiced using the largest of the liquidates."
"If the difference in liquids referred to in the preceding paragraph is only partially given and the largest corresponds to certain sales or benefits derived from the exploitation, the same will fall on the income attributable to such operations, and the common liquor for the rest of the liquidation is applicable to both taxable facts. Also, when the goods or services derived from the exploitation are reached, in whole or in part, by a liquid less than that to be used in the special liquidation, the resulting difference may not be moved at their prices, being applied to it the forecasts indicated for activities exempted or not reached by the tax, for the purposes of granting the concession".
7. Replace article 45 with the following:
"ARTICULO 45. s Please refer to permanent diplomatic missions for the refund of the value added tax involved in the price they are made for goods, works, locations, services and other benefits, encumbered, which are used for the construction, repair, maintenance and maintenance of mission premises and for the acquisition of goods destined for the equipment of their premises, classified in Partidas No. C. E. 8472.
The refund provided for in the preceding paragraph, which in these cases will be extended to diplomats, consular agents and other official representatives of foreign countries, will also apply to telecommunications services and to the provision of electricity, running water and gas, which is made to the aforementioned diplomatic missions and agents, as well as to their acquisitions of fuel (nafta, oil and compressed natural gas). The regime set forth in this article shall be reciprocity or when the crediting State commits itself to granting diplomatic missions and official representatives of our country a preferential treatment in the area of taxation in accordance with the benefit granted.
The appropriate refund shall be appropriate as long as the respective supporting documentation is certified by the relevant diplomatic delegation and shall be carried out by a fourfold timetable, in accordance with the requirements, conditions and formalities established by the IMPOSTIVE GENERAL DIRECTION".
Art. 2o . Default Title VII of Law No. 23.760 and its amendments.
Art. 3o Las The provisions of this Title shall enter into force on the first day of the month following that of its publication in the Official Gazette. The elimination of exemptions under item 2 and item 3 (c) of article 1 shall have effect from that date irrespective of the time of placement, allowance or recruitment.PART II
Art. 4o s Amend the Vocational Tax Act, which was ordered in 1986 and its amendments, as follows:
1. Please enter the following section:
"ARTICULO ... , The one produced from the tax of this law will be assigned:
(a) The VEINTE BY CIENTO (20 %) to the Social Security System, to be intended for the attention of national forecasting obligations. (Incision replaced by art. 31 of the Act No. 24.463 B.O. 30/03/1995)
(b) A DIEZ BY CIENTO (10 %) to the Fund for the Financing of Social Programs in the Conurbano Bonaerense, to be executed and administered by the Province of Buenos Aires. The corresponding amounts must be rotated directly and automatically.
(c) A DOS FOR SCIENTY (2 %) to reinforcements of Special Account No. 550 "Fondo de Aporte del Tesoro Nacional de las Provincias".
(d) The CUATRO BY CIENTO ($ 4 %) will be distributed among all jurisdictions, excluding that of Buenos Aires according to the Index of Basic Needs Unsatisfied. The corresponding amounts must be rotated directly and automatically. Jurisdictions will affect resources to basic social infrastructure works.
(e) The remaining SESENTA and CUATRO (64 %) will be distributed between the Nation and the whole of the provincial jurisdictions in accordance with the provisions of Articles 3 and 4 of Law No. 23.548".
Art. 5o . Defrost article 40 of Law No. 24.073.
Art. 6th El The NATIONAL EXECUTIVE POWER is empowered to dictate all necessary supplementary rules for the purposes of the application of the taxation criterion that includes incomes obtained abroad to the scope of the tax on profits, in accordance with the amendments introduced by Law No. 24.073.
Art. 7o Las The provisions of this Title will govern from the day following the date of publication in the Official Gazette.PART III
Art. 8o . For the purposes set forth in the second paragraph of article 31 of Act No. 24,073, the compromise shall have the same effect as the settlement agreement.
The breaches referred to in the fifth paragraph of article 19 of the Law on Taxes on Gains, which was ordained in 1986 and its amendments, are not reached by the regime established by Title VI of Act No. 24.073.
Art. 9th Las The provisions of this Title shall have effect from the entry into force of Title VI of Law 24.073.PART IV
Art. 10. . Note the HONORABLE CONGRESS OF NATION.
Art. 11. . Communicate, publish, give to the NATIONAL DIRECTION of the OFFICIAL REGISTRATION and archvese. . MENEM. . Domingo F. Cavallo. . Jo ́se L. Manzano.