Employees Decree 379/92 Regulation of the tax on personal property not incorporated into the economic process established by Law No. 23,966.

Bs. As., 2/3/92

VISTO Title VI of Law No. 23.966, and

CONSIDERING:

That the aforementioned rule established a tax on personal property not incorporated into the economic process.

Accordingly, it is necessary to issue the respective regulations.

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

Therefore,

THE PRESIDENT OF THE ARGENTINA NATION

RIGHT:

HECHO IMPONIBLE

Article 1 Artículo For the purposes of article 16 of the Act, it shall be understood that assets are incorporated into the economic process when they fall within the scope of the asset tax, irrespective of the quality of exempts they may have in the asset tax.

SUJECT

Home

Art. 2o o The domicile of natural persons is that of 31 December of each year, in accordance with the provisions of the first paragraph of article 13 of Act No. 11,683, ordained text in 1978 and its amendments.

Indivisible successions shall be considered to be based at the place of the opening of the respective successor judgement. When the judgement has not been initiated as at 31 December, the place of residence shall be that of the last domicile of the offender except in the case of the existence of a single heir domiciled in the country, in which case the residence shall be given by the domicile of the same, until the initiation of the respective successor judgment.

Individuals of foreign nationality, domiciled in the country for reasons of a duly accredited working nature, who require a residence in which they do not exceed CINCO (5) years, shall be deemed to be covered by article 17 (b) of the Act.

Conjugal Society - Minors of the Age

Art. 3o o For the purposes of article 18 of the Act, it is incumbent upon each spouse to attribute all his or her own property. The property shall be attributed in accordance with the provisions of the aforementioned rule and, in the case of judicial separation of property, the property shall be charged in accordance with the provisions of the respective judgement.

Parents exercising parental authority and guardians or curators shall, as appropriate, declare on behalf of their minor children and their pupils the property belonging to them.

Indivisible successions

Art. 4o — For the determination of the tax, the indivisous successions of the property of the offender and half of the marital property of the conjugal society of which he had been a party at the time of his death shall be considered.

Condominiums

Art. 5o o In the case of property in condominium, each condomino shall include in its statement, the share in the ownership of such property, assessed in accordance with the provisions of the law and these regulations.

_

Foreign currency

Art. 6o o The provisions of article 20 (e) of the Act include the existence of foreign currency abroad, as provided for in the second paragraph of the aforementioned rule.

Deposits in foreign banking institutions

Art. 7o o In the case of deposits in foreign banking institutions originating in remittances made from the country, referred to in article 20 (g) of the law, the excess of the average balance provided for in that norm or the total balance when the period of deposit is less than TREINTA (30) days, shall be considered in article 19 (i).

EXENCTIONS

Mandatory savings

Art. 8o o The balances of the deposits of compulsory savings provided for in the Nros Acts. 23,256 and 23,549 shall be deemed to be covered by article 21 (c) of the Act.

Current accounts

Art. 9o o The other forms of fund-raising referred to in article 21 (c) do not cover current accounts.

Actions and social participations

Art. 10. The provisions of article 21 (f) of the Act include actions and participations in the capital of entities constituted or residing abroad, where such entities possess stable establishments in the country subject to the asset tax and the proportion that the said establishments represent in the total capital.

The proportion referred to in the preceding paragraph shall be credited to the form and conditions established by the IMPOSITTIVE GENERAL DIRECTION.

Irrevocable Contributions and Acreedor Balance of the Owner or Partner

Art. 11. For the purposes set forth in article 21, subparagraph (f), of the Act, credits representing irrevocable contributions to future subscriptions of shares are considered to be covered by that rule, and the creditor balance of the sole owner or partner, in the latter case to the extent that it responds to operations carried out under conditions other than those that could be agreed between independent parties, taking into account the normal practices of the market.

Intangible assets

Art. 12. The exemption under article 21 (j) of the Act includes all immaterial assets referred to in article 19 (m).

Public Titles

Art. 13. The titles, letters, bonds and other titles issued or issued in the future by the Nation, the provinces and municipalities shall be exempt from the tax.

VALUATION

Property located in the Country

Real

Art. 14. For the purposes of valuation of the properties, it shall be understood that they integrate the property on the condition that as at 31 December of the fiscal period for which the tax is liquidated, its possession or its deed has been made.

In the case of constructions, buildings or improvements whose value is covered by the cost of acquisition or construction or, where appropriate, the value of income to the estate, and for any reason that did not exist as at 31 December of the fiscal period for which the tax is liquidated, the deduction of the corresponding amounts will be accepted, as justified by the taxpayer.

The amortization of the DOS per ICC (2 %) per year that establishes the second paragraph of Article 22 (a) of the Law shall be computed from the beginning of the calendar quarter in which its acquisition, entry to the estate or completion of the construction, as appropriate. In the event that the value of the buildings, constructions or amortizable improvements is included in the cost of acquisition or value of income to the estate, the amount attributable to them will be established taking into account the relationship between the value of the said concepts and that of the land according to the tax rate prevailing at the date of acquisition or income to the estate or, in its absence, according to the justification that the taxpayer makes.

Art. 15. For the purposes of the application of the third paragraph of article 22 (a) of the Act, the taxpayer shall take into consideration, for each of the properties of which he is entitled, the determined value in accordance with the rules contained in the first and second paragraphs of the mentioned paragraph, or that of the taxable base fixed as at 31 December of the year by which the taxation is liquidated for the purposes of the payment of the same property. The value established for the properties as set out in the above paragraphs, for the purpose of this comparison, should only include the attributable to those buildings, buildings or improvements that have been taken into consideration in order to determine the taxable basis. Those not taken into account for the above-mentioned determination should be computed to the value set out in the above-mentioned paragraphs.

Personal property

Art. 16. For the purpose of determining the minimum amount provided for in article 22 (g) of the Act, the sum, real or presumed, of the assets to be included in that paragraph shall not be considered, nor the amount of the property exempted under article 21.

Nuda Property

Art. 17. In cases of usufructs constituted by free contract, provided for in article 2814 of the Civil Code, the usufructuario must compute the total value of the property.

In the 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 halves.

Amortization

Art. 18. The annual coefficient of amortization referred to in article 22 (b) of the Act shall be established on the basis of the number of years to which the probable useful life of the respective assets is reached. This coefficient will multiply over the years since the date of acquisition, completion of construction or entry to the estate, up to the year even by which the tax is liquidated, computing the fractions as a full year. The resulting coefficient will apply to the updated cost of the asset and the result will be deducted from that cost to determine the computable value.

The provisions of the second paragraph of subparagraph (b) of the above-mentioned article shall be applicable only in the life of such assets.

Value of Plaza

Art. 19. For the purpose of the valuation of the property, as provided for in article 22, subparagraph (a), of the law, where it may be proved in a fruitful manner that the value of the place of the same as 31 December of the period that is liquidated is less than the amount determined in accordance with the provisions of the aforementioned legal rule, such value may be assigned to such property on the basis that arises from the respective probatory documentation. The use of this option should be made of the procedure used for determining valuation at the time of the submission of the affidavit for the fiscal period in which the declaration was made.

For the purposes of this article, it shall be understood that the price that would be obtained in the market in the event of the sale of the good that is earned, in normal conditions of sale.

Indivisible successions and beneficiaries of free broadcasts

Art. 20. The taxpayers who have acquired free of charge goods that integrate their assets as at 31 December of each year shall take into account the value and date of entry to which they are to be attributed to such property in accordance with the provisions of Article 4 of the Vocational Tax Act, which was ordered in 1986 and its amendments.

Property located in the exterior

Value of Plaza

Art. 21. For the purposes of article 23 of the Act, the last paragraph of article 19 shall apply.

MINIMO NO IMPONIBLE

Art. 22. The tax to be entered by taxpayers will arise from the application of the UNO per ICSENT (1 per cent) account of the total value of the assets reached by the tax, after deduction of the minimum exempt set out in article 24 of the law.

PAGO A

Art. 23. The calculation of the payment provided for in the second paragraph of article 25 of the Act shall be carried out in the form and conditions provided for by the IMPOSITTIVE GENERAL DIRECTION.

PATRIMONIAL VARIAATIONS

Art. 24. When the changes in the calendar year in the assets subject to taxation, presume a purpose of tax evasion, the IMPOSITTIVE GENERAL DIRECTION may provide, for the purpose of determining the tax, such variations shall be provided in accordance with the time elapsed since the occurrence of these events until 31 December of each year, in accordance with the amounts established in accordance with the rules of law and this decree.

AND ACTIVE MANAGEMENT

IMPLEMENTATION

Art. 25. In cases not expressly provided for in this regulatory decree, the legal and regulatory provisions of the income tax and the asset tax shall be applied supplementally.

TRANSITORY PROVISIONS

Art. 26. Until the legal order of Title VI of Law No. 23.966, it shall be understood that in all cases where this regulation refers to "the law", it does so in relation to the Title. Art. 27. Contact, post, give to the National Directorate of the Official Register and archvese. . MENEM. . Domingo F. Cavallo.