Tax And Predictive Scheme Of Facilities - Full Text Of The Norm


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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
IMPOSITY AND PREVISIONAL OBLIGATIONS Decree 1164/93 Establish a scheme of facilities for taxpayers and those responsible for tax obligations, the collection of which is carried out by D.G.I. and by the resources of Social Security set out in article 1 of Decree No. 933/93.

Bs. As., 4/6/93

VISTO Acts No. 18,820, article 7, subparagraph (g); No. 11,683 (text ordered in 1978 and its amendments), article 39 and Decree No. 507 of 24 March 1993; and


That it is necessary to contemplate the conservation of the sources of work, which could be seriously compromised in the case of those companies that undergo a delicate financial situation could overcome it on the basis of a programme of restructuring their debts, new investments of capital and change of business driving, thus ensuring their continuity.

That the National State in respect of tax and social security credits may, given the above-mentioned conditions, accompany the agreements that have been reached privately, through the granting of plans for general and objective payment facilities, in all cases the intangibility of tax credit.

That what is indicated in the previous consideration should be subject to the explicit credit or investor support of private creditors or investors by granting new payment conditions or debt capitalization.

That the present decree is issued in the use of the powers conferred by article 86 (1) of the NATIONAL CONSTITUTION and article 39 of Act No. 11.683 (as amended in 1978).



Article 1 Artículo The taxpayers and those responsible for tax obligations whose collection is carried out by the IMPOSTITIVE GENERAL DIRECTION and by the social security resources set out in Article 1 of Decree 933/93 may be accommodated in the scheme of facilities set out in the present decree provided that at the date of the collection, the debts recorded by such concepts do not exceed the total VEINTICINCO of that amount (25)

Art. 2o o Article 1 includes taxpayers and officials who have agreed with the remaining creditors or investors and/or acquirers as appropriate:

(a) a proposal for the refinancing and payment of its credits and/or debt capitalization, which represents at least SESENTA BY CIENTO (60 per cent) of the total liability.

(b) that the administration, management and/or control of the decision-making power in the management bodies of the enterprise shall be headed by creditors or investors and/or acquirers or by whom they designate, even if such designation means the total or partial ratification of the previous administration, management or conduct.

Art. 3o o They are excluded from the scheme of facilities established by this decree:

(a) taxpayers and officials who have staff in relation to dependency in less than VEINTICINCO (25) persons at the time of their placement in the facility plan;

(b) Debts relating to taxes provided for in articles 23 and 23 bis, incorporated by Act No. 23.102 to the Internal Tax Law (text ordered in 1979 and its amendments) and article 2 of Act No. 23,562 extended by laws 23,665 and 23,763;

(c) the taxpayers and those responsible against whom there is a formal complaint or a criminal complaint for ordinary offences connected with the breach of their tax or third-party obligations;

(d) Obligations set out in the preceding subparagraph when their non-compliance relates to common criminal offences in which the prosecution of officials or former State officials has been ordered;

(e) the taxpayers and those responsible who had been notified of the existence of a criminal complaint against them on the basis of articles 3 and 9 of the Act No. 23,771 promoted by the IMPOSITTIVE GENERAL DIRECTION, the NATIONAL ADMINISTRATION OF SOCIAL SECURITY, the former NATIONAL INSTITUTE OF SOCIAL PREVISIONS or

Art. 4o — The debt with more updates, interests and/or fines appropriate to be applied in accordance with the provisions of Act No. 11.683 (text ordered in 1978 and its amendments), for tax obligations, and Acts No. 17.250 and 22,161; Decree No. 159 of 23 January 1992; 589 of 4 April 1991; 611 of 10 April 1992 and 1266 of 20 July 1992, for the consolidation of social security obligations, The resulting amount may be paid in up to SESENTA (60) monthly, consecutive and equal shares in the capital to be amortized or in the fewest number of months that have been agreed with the creditors specified in Article 2 with an interest of UNO Per SCIENTO (1 %) monthly on balances. The amount of each fee, excluding interest, may not be less than MIL FISH ($ 50,000).

Art. 5o o If these are obligations which are in administrative, administrative or judicial discussion at the date of acceptance, the taxpayers and those responsible shall be searched, challenged and expressly waived any action and law, including repetition, relating to the case and, if any, pay the costs of the trial in the form and conditions provided by the IMPOSITIONAL GENERAL DIRECTION.

Art. 6o o The scheme of payment facilities shall expire in full law without the need for judicial or extrajudicial appeal in the following cases:

(a) Failure to comply with DOS (2) consecutive quotas or THREE (3) alternated from the respective plan.

(b) Failure to comply with the terms of the agreement referred to in Article 2.

(c) Reduction of the existing capital at the time of the collection and the increase of the capital that may result from the agreed provisions of article 2 (a).

(d) Lack of due payment in time and form of tax and/or social security obligations required after the date of acceptance.

Art. 7o o With regard to debtors who had been judicially executed to the facility plan established by this decree, in compliance with the requirements set out in article 5, judges, accredited to such ends, may order the filing of proceedings at the request of the IMPOSTITIVE GENERAL DIRECTION.

Art. 8o o The professional fees regulated and firm, in debt-based trials included in the facility plan, reduced in a CINCUENTA BY CIENTO (50 %), must be paid simultaneously with the payment of each quota, in proportion to it and will not generate interest from the date of consolidation and to its effective collection. For the assumption that the fees are not regulated and firm will be applied the table prepared on the basis of the average of the maximum and minimum percentages established by the tariff law for each procedural state reduced in an OCHENTA BY CIENTO (80 %), which as annex I is attached and which is an integral part of the present. Art. 9o o It will be a necessary condition for the maintenance of the facility plan that each and every quota is paid in pesos.

Art. 10. IMPOSTITIVE GENERAL DIRECTION is empowered to dictate regulatory and interpretative norms of this decree.

Art. 11. Contact, post, give to the National Directorate of the Official Register and archvese.. MENEM. . Domingo F. Cavallo.

Annex I



(a) Initiation to sentence without exception:


(b) Initiation to sentence with exceptions:


(c) Execution of judgement pending without exception:


(d) Execution of judgements pending with exceptions:


(e) Idem (b) on appeal:


(f) Idem (d) on appeal: