Taxes - Foreign Currency Holding - Full Text Of The Norm

Original Language Title: IMPUESTOS -TENENCIA DE MONEDA EXTRANJERA- - Texto completo de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos

Decree 771/92

Regulation of the foreign currency, divisives and foreign currency and foreign currency foreign currency in the country.

Bs. As., 6/5/92

VISTO Title III of Law No. 24.073, and


That the above-mentioned legal rule established a regime for externalization of foreign currency, foreign currency and property and foreign currency in the country.

It is necessary to regulate certain aspects of the said regime in order to facilitate their application by those who choose to carry out such externalization.

That the present measure is in use of the emerging powers of article 86, paragraph (2) of the NATIONAL CONSTITUTION,




Article 1.- For the purposes set out in article 11 (b) of Act No. 24.073, it shall be understood that the foreign currency that is regularized has been incorporated as the capital of companies or farms constituted or settled in the country, when prior to 13 April 1992 it has been destined to the original subscription and integration of shares of companies or constituted by shares, shares in the capital of any other type of companies, cooperatives or exploitations.

Also, within the loan concept referred to in the provisions of the article concerned, the original subscriptions and integrations of negotiable obligations under Act No. 23.576 and its amendments and other titles of similar nature shall be considered.

Art. 2°- For the purposes set out in the second and third paragraphs of article 12 of the Act, where the possession of foreign currency intended to be regulated is found as at 14 May 1992 included in a fixed-term deposit constituted prior to 13 April 1992 and expiring after the date mentioned in the first term, the standardization shall be deemed valid as long as the following requirements are met:

(a) Deposits in the ARGENTINA NATION BANCO and financial institutions attached to the regime by it established: the imposition of the necessary time shall be renewed on the occasion of its expiry until the period of the OCHENTA CENTO (180) days from 14 May 1992. In this case, the holder of the imposition shall inform the respective entity until 14 May 1992 of the effect of the deposit on the purposes of the externalization provided for in Title III of Law 24.073.

(b) Deposits in financial institutions that do not adhere to the regime referred to in subparagraph (a): a new deposit should be made in entities attached to the system for a period not less than the OCHENTA (180) days after the expiration of the primitive imposition.

In both cases, at the time of filing the affidavit referred to in the penultimate paragraph of article 8 of the Act and entering the corresponding tax, the data identifying the constitution of the deposit included in the standardization should be informed to the IMPOSITIVA GENERAL DIRECTION.

Art. 3. The financial institutions shall include in the certificate of deposit constituted on the occasion of externalization, which in all cases shall be of intransferable character, the number of control of the deposit box of the special tax entered.

Art. 4°- Communicate, publish, give to the NATIONAL DIRECTION OF THE OFFICIAL REGISTRATION and archvese. MENEM.- Rodolfo A. Diaz.