TRIBUTARY AND PREVISIONAL OBLIGATIONS Decree 493/95 Condonation of Interests and Fines. Social Security resources. Payment facilities plan. Employers and Retention Agents. Self-employed. Common provisions. Impositive obligations. Payment Facilities Plan. General provisions.

Bs. As., 22/9/95

VISTO Article 111 of Law No. 11,683, text ordered in 1978 and its amendments, section 2, paragraph (c) of Law No. 23,769, and Decree No. 507 of 24 March 1993, ratified by Law No. 24,447, and

CONSIDERING:

That such provisions empower the NATIONAL EXECUTIVE PODER and the IMPOSITTIVE GENERAL DIRECTION under the SECRETARIAT OF PUBLIC INCOME OF THE MINISTERY OF ECONOMY AND ARTWS AND SERVICES PUBLICS to establish the modalities for the collection of the various taxes, and also tend to facilitate the voluntary fulfilment of the tax obligations and resources of Social Security.

That in the country the attitude of the taxpayers and/or those responsible has been changed, thereby assessing their compliance with the State ' s task in the fight against evasion and in the timely perception of specific obligations.

In view of the fact that the degree of fiscal compliance will be a determining factor for adequate and favourable access to credit, there is an urgent need for rules to enable taxpayers and those responsible to permanently regulate their tax and forecastal situation.

In order to facilitate the voluntary insertion of all those required in the current system, it is considered appropriate to have generally available the condonation of the residual and/or punitive interests, the fines and other sanctions arising from the obligations and impositive breaches and the resources of the Social Security expired or committed as at 31 July 1995, excluding the interests of the personal contributions retained

That the intended condonation should be extended to the unpaid obligations that the taxpayers and/or those responsible have consolidated in any of the schemes of payment facilities provided prior to the dictation of this decree, to the extent that they are not deciduous, allowing them to detract from the balance owed from the proportional portion of the compensatory interests and/or punitives and fines. The amount resulting from such detraction, corresponding to capital, must be cancelled from account, or included in the reformulation of the original plan or in the plans of payment facilities set out in this decree.

That, with respect to those taxpayers and/or those responsible who had received the spontaneous filing regimes and/or payment facilities set out in Decrees No. 270, 271 and 272 all dated 8 August 1995, it is necessary to provide that the proportional portion of the amounts paid, corresponding to the portion of the debt condoned, shall constitute a credit for the taxpayer and/or responsible.

That in the case indicated in the previous consideration, it should be determined that it is not subject to recalculation, the amount of the consolidated debt that has been canceled with Previsional Debt Consolidation Bonuses and/or with Consolidation Bonuses.

Moreover, and with the same basis as those invoked in respect of condonation, it is necessary to have a new plan of payment facilities, for the debt expired as at 31 July 1995, for tax obligations and social security resources.

On the other hand, it is appropriate to establish a different amount of quotas for small enterprises, as defined in article 83 of Law No. 24,467, and for self-employed persons, for the segment of taxpayers and/or officials who have suffered a greater reduction in the supply of credit.

That the necessary protection of the public interest imposes denying condonation, as well as the inclusion in a scheme of payment facilities to those cases in which a complaint or criminal complaint has been filed on the basis of the alleged commission of common crimes that have connection with non-compliance with tax obligations, allowing, however, such benefits to those found to be achieved by the provisions of Act No. 23.771.

That basic reasons for equity advise to exclude the Previsional Debt Consolidation Bonuses and the Consolidation Bonuses, as an alternative to payment of quotas in a deferred cancellation regime. This, without prejudice to the possibility of paying those with the precited public securities tax debts or with the Unique Social Security System, for the periods allowed for each such instrument of credit.

That the present decree is issued in the use of the powers conferred by article 111 of Act No. 11.683, text ordained in 1978 and its amendments, article 99, paragraph 1 of the NATIONAL CONSTITUTION.

Therefore,

THE PRESIDENT OF THE ARGENTINA NATION

RIGHT:

PART I

CONDONATION OF INTERES AND MULTATIONS

Article 1 de Please note, with general scope, the condonation of the respects and/or punitives, of fines and other sanctions, whether firm or not, provided that they have not been paid or fulfilled prior to the date of entry into force of this decree, emerging from the obligations or infractions and from the resources of Social Security, which expired or committed as at 31 July 1995.

The obligations arising from compulsory savings schemes are also met by the provisions of this regime, as provided for in Acts No. 23,256 and 23,549 and those relating to the solidarity contribution established by Act No. 23,740.

They are excluded from this benefit:

(a) Rearcitary and/or punitive interests, in the amount equivalent to UNO per cent per month, corresponding to staff-retained contributions in relation to dependency for the Integrated Pension and Pension System, during the period of arrears. (Replaced by art. 1 Decree 625/95 B.O. 27/10/1995)

(b) Interests and fines derived from contributions and contributions to the National Social Works System.

(c) Advances in Taxes on Gains and on Personal Property, due after 1 January 1995, for closed fiscal periods from the same date inclusive.

This benefit shall proceed to the extent that the debtors comply with any of the following conditions:

(a) The capital is cancelled prior to the date of entry into force of this decree.

(b) The capital is included in any of the spontaneous filing regimes and/or payment schemes arranged prior to the dictation of the present and are not deciduous at the date referred to in the following subparagraph.

(c) Cancel by payment of the amount of the capital to the date of acceptance provided by the IMPOSITIVA General Directorate under the SECRETARIAT OF PUBLIC INCOME OF THE MINISTERY OF ECONOMY AND PUBLIC SERVICES.

(d) Include capital in any of the schemes of payment facilities provided for in Titles II and III of this Decree.

(e) To date, the respective obligations in the case of fines for non-compliance with formal obligations are complied with to date.

In all the assumptions in which the capital is referred, it will also understand its updates, to correspond.

It is considered to be included in the condonation set out in this article the interests of the self-employed and/or punitive, fines and other sanctions, whether firm or not, emerging from the obligations or infractions of the self-employed, relating to the resources of Social Security, which expired or committed after 31 July 1995 and up to 30 November 1995, even if the condoned concepts had not been paid prior to or paid in 1995. (Paragraph incorporated by art. 1 of the Decree No. 856/95 B.O. 07/12/1995)

Art. 2o . Taxpayers and/or officials who have consolidated their debts in any of the schemes of payment facilities made prior to the issuance of the present decree s that are not deciduous at the date established in accordance with subparagraph (c) of the previous article la, may detract from the balance owed the proportional share of residual interests and/or punitives and fines covered by that balance.

The difference resulting from such detraction, corresponding to the capital, shall be cancelled from account, or included in the reformulation of the original plan, or in the new scheme of payment facilities established in Titles II and III of the present decree.

Art. 3o Los Taxpayers and/or officials who have received the spontaneous filing regimes and/or payment facilities provided for in the Decrees No. 270, 271 and 272, all dated 8 August 1995, shall recalculate the amounts appropriately consolidated, as set out in the first paragraph of the previous article, excluding from that calculation the contributions and contributions to the National Social Works Regime.

The amount of consolidated debt that has been cancelled with Previsional Debt Consolidation Bonuses and/or Consolidation Bonuses is not subject to the calculation.

In the cases provided for in this article, the proportional portion of the amounts paid, corresponding to the condoned debt portion, shall be credited to the taxpayer and/or responsible.

Art. 4o . They are not subject to refund or repetition, the sums that prior to the date of entry into force of this decree would have been entered into the concept of recital and/or punitive interests and fines, for the obligations set out in article 1o. Art. 5o o They are excluded from the benefits provided for in this decree:

(a) Taxpayers and/or perpetrators against whom there is a formal complaint or criminal complaint for common crimes that have connection with the breach of their tax or third party obligations.

(b) The obligations set out in the preceding subparagraph, when their non-compliance relates to common crimes that are subject to criminal cases where the prosecution of officials or former State officials has been ordered.

PART II

RESOURCES OF SOCIAL SECURITY

PAGO FACILITIES PLAN

CHAPTER 1

EMPLEERS AND AGENTS OF RETENTION

Art. 6th Los Employers and retention agents, irrespective of their legal nature, are or are not registered, may avail themselves of the scheme of payment facilities set out in this Title, in respect of the debt that by capital and, where appropriate, the corresponding update, keep with the Unique Social Security System, for the obligations expired as at 31 July 1995, in relation to each of the following concepts:

(a) Contributions due to the National Retirement and Pension Scheme, established by Act No. 18,037 and its amendments and supplements.

(b) Contributions due to the Integrated Retirement and Pension System, established by Law No. 24,241 and its amendments, and contributions retained to staff in relation to dependency, for the said System, in the latter case, with more UNO FOR SCIENTO (1 %) per month in the form of compensatory and/or punitory interest. (Replaced by art. 1 Decree No. 625/95 B.O. 27/10/1995)

(c) Contributions due to the National Family Assignment Scheme.

(d) Contributions due to the National Employment Fund.

(e) Contributions and contributions due to the NATIONAL INSTITUTE OF SOCIAL SERVICES FOR JUBILED AND PENSIONS, in accordance with Law No. 19.032 and its amendments.

(f) Contributions due to the NATIONAL FUND OF THE VIVIENDA, in accordance with Act No. 21.581 and its amendments.

(g) Contributions and contributions to the NATIONAL ADMINISTRATION OF THE HEALTH FOOT.

(h) Contributions and contributions provided for in article 87 (e) of Decree No. 2284 of 31 October 1991, their interests and fines.

(i) Retentions for Gremial Correspondence Agreements.

(j) Retentions and/or perceptions relating to the regimes established by the IMPOSTITIVE GENERAL DIRECTION, under the SECRETARIAT OF PUBLIC INCOME OF THE MINISTERY OF ECONOMY AND PUBLIC SERVICES. (Replaced by art. 1 Decree No. 625/95 B.O. 27/10/1995)

Interests referred to in subparagraphs (b) and (h) shall be calculated from the date of the arrears and to the date of the last general maturity set for the placement of the payment facility plan. (Paragraph incorporated by art. 1 of the Decree No. 625/95 B.O. 27/10/1995)

Art. 7o La The debt resulting from the provisions of the preceding article, plus the update that may be applicable, as provided for in the Decrees No. 159 of 23 January 1992 and 611 of 10 April 1992, shall be paid in until TREINTA (30) monthly contributions. The first such assessment shall be of the nature of payment on account and the remaining, with a greater interest of UNO FOR SCIENTY (1 %) on balances, shall be equal and consecutive. Art. 8o . Employers and retention agents, who at the date of placement are in accordance with article 83 of Law No. 24.467, may pay the debt indicated in the previous article in up to SESENTA (60) monthly fees. The first such assessment shall be of the nature of payment on account and the remaining, with more interest from UNO FOR SCIENTY (1 %) on balances, shall be equal and consecutive. Art. 9th El The amount of each quota (capital and interest) shall be determined by applying to that end the formula specified in Annex I to this decree and shall not be less than CIEN PESOS ($ 100), except for the employers and retention agents referred to in the preceding article, in which case it may not be less than SETENTA PESOS ($ 70).

CHAPTER 2

WORKERS AUTONOMOS

Art. 10. de Self-employed, inscribed or not, may be accommodated in the scheme of payment facilities set out in this Title, in respect of the non-prescribed debt, including the one consolidated in prior payment schemes ,caducos or no,, which by capital maintain with the Unique Social Security System, for the obligations expired as of 30 November 1995. (Article replaced by Article 1 of the Decree No. 856/95 B.O. 07/12/1995) Art. 11. . The debt resulting from the provisions of the preceding article shall be calculated according to the minimum/s mandatory category/s in the/s that it must have reviewed or, where appropriate, the/s greater/is for the/s that opted the corresponding affiliate at the time of its accrual, calculated according to its value or that of its equivalent to the time of submission in the plan of payment facilities. Art. 12. . The debt calculated as indicated in the previous article must be paid in the amount of depurensive contributions of capital and interest capital monthly, equal and consecutive as determined by the taxpayer, whose amount may not be less than CINCUENTA BY CIENTO (50 %) of the corresponding monthly position of its current magazine category at the time of the collection. (Paragraph replaced by art. 1 of the Decree No. 856/95 B.O. 07/12/1995)

Contributions will contain an interest of UNO per cent (1 per cent) per month on balances. The amount of the quota (capital and interest) shall be determined by applying to that end the formula specified in Annex I to the present decree.

CHAPTER 3

COMMON PROVISIONS

Art. 13. s The following debts may be included in the payment facilities plan set out in this title:

(a) Declared by the taxpayer.

(b) Administratively determined.

(c) Impugned under article 11 and concordant of Law No. 18,820 and article 11 of Law No. 21,864, as amended by Law No. 23,659, provided that the debtor expressly and without any condition of the challenge, as well as any claim for reinstatement or repetition.

(d) Complaints under Act No. 23.771.

(e) Executed judicially, as long as the respondent is unconditionally searched, if the procedural stage permits him and, in his case, desist from any exception or remedy filed, assuming payment of the coasts and the war costs.

Art. 14. es It will be an essential requirement to take advantage of this payment facility plan, to have entered:

(a) At the time of placement, the contributions retained to staff for the Integrated Pension and Pension System for the period from July 1994 to June 1995, including, where appropriate, more appropriate, the recital and/or punitive interests.

This requirement shall also be deemed to be fulfilled when the above-mentioned contributions and accessories are included in the payment facility plan that is requested in accordance with Title II.

In cases where the interest had not been cancelled and/or punitive - to the extent that the capital had been entered, it was paid to the date of acceptance or, where appropriate, in the manner provided for in the preceding paragraph - the provisions of article 1 (a) shall apply.

(b) All contributions and contributions to the United Social Security System for the period July 1995 and subsequent periods and retentions and/or perceptions whose income expires after 31 July 1995 in both cases accrued to the date of submission of the present plan.

Except as set out in the preceding paragraph for self-employed persons who agree to the scheme of payment facilities in respect of their debt to the Unique Social Security System, who must have entered the contributions due after 30 November 1995 and to the date of submission. (Paragraph incorporated by art. 1 of the Decree No. 856/95 B.O. 07/12/1995)

(Article replaced by Article 1 of the Decree No. 625/95 B.O. 27/10/1995)

PART III

IMPOSITIONAL OBLIGATIONS

PAGO FACILITIES PLAN

Art. 15. de The taxpayers and/or those responsible for the taxes whose collection is carried out by the IMPOSITIVA General Directorate under the SECRETARIAT OF PUBLIC INCOME OF THE MINISTERY OF ECONOMY AND ARTWS AND SERVICES PUBLICS, whether registered or not, may avail themselves of the scheme of payment facilities set out in this Title, in respect of the debt that by capital and, if necessary, the corresponding update, keep with that Agency for the obligations expired as at 31 July 1995, determined in accordance with Title I.

They may also avail themselves of the scheme of facilities set out in this title, those who are subject to the obligations arising from the compulsory savings regimes provided for by Laws No. 23,256 and 23,549 and the solidarity contribution created by Law No. 23,740.

They are not included in the provisions of this Title, advances in Taxes on Gains and on Personal Property, which expired after 1 January 1995, for closed fiscal periods from that date, including. (Paragraph replaced by art. 1 of the Decree No. 625/95 B.O. 27/10/1995)

Art. 16. . The resulting debt must be paid in up to TREINTA (30) monthly contributions. The first such assessment shall be of the nature of payment on account and the remaining, with a greater interest of UNO FOR SCIENTY (1 %) on balances, shall be equal and consecutive. Art. 17. . The taxpayers and/or those who at the date of the accommodation conform to the provisions of article 83 of Law No. 24.467 may pay the debt indicated in the previous article in up to SESENTA (60) monthly contributions. The first such assessment shall be of the nature of payment on account and the remaining, with more interest from UNO FOR SCIENTY (1 %) on balances, shall be equal and consecutive. Art. 18. El The amount of each quota (capital and interest) shall be determined by applying to that end the formula specified in Annex I to this decree and shall not be less than CIEN PESOS ($ 100), except for the taxpayers and/or those responsible for the preceding article, in which case it may not be less than SETENTA PESOS ($ 70). Art. 19. s Can be included in the plan of payment facilities established in this Title, the debts that are in administrative, administrative or judicial discussion at the date of publication of this decree in the Official Gazette, while the respondent is unconditionally raided, if the procedural stage permits it and, in his case, desist of any exception or remedy filed, assuming the payment of the costs and expenses accordingly. Art. 20. . It will be an essential requirement to avail itself of this scheme of payment facilities, to have complied with the corresponding income of the obligations expired between 1 August 1995 and the date of submission.

PART IV

GENERAL PROVISIONS

Art. 21. . Failure to comply with the schemes of payment facilities will result in the expiry of the same schemes of full rights, without the need for any judicial or extrajudicial intimation, in the form and conditions established by the General IMPOSITTIVE DIRECTION under the SECRETARIAT OF PUBLIC INCOME MINISTERY OF ECONOMY AND PUBLIC SERVICES.

The expiry set forth in the preceding paragraph shall have effect from the fact that it generates it, causing the loss of the condonation provided for in article 1 or, in proportion to the outstanding debt at the time of its effects.

Art. 22. . With regard to debtors who have been judicially executed who have received the schemes of facilities established by this decree, complying with the requirements set out in articles 13, subparagraph (e) and 19, the judges autoaccredited in cars such extremes. may order the file of the proceedings at the request of the General IMPOSTITIVE DIRECTION under the SECRETARIAT OF PUBLIC MINISITIES Art. 23. . The professional fees regulated and firm, in judgments based on debts condoned or included in the present plan of payment facilities, reduced in a CINCUENTA and CINCO BY CIENTO (55 %), must be paid, respectively, in the case of condonation or simultaneously with the payment of each quota, in proportion to the same and will not generate interest from the date of submission and to the date of its payment.

For the assumption that the fees are not found regulated and firm will be applied the Tariff Law for each procedural state, reduced in an OCHENTA and CINCO per SCIENTO (85 %), according to the table that as Annex II is part of this decree.

Art. 24. . The taxpayers who intend to avail themselves of the regime established in this decree shall submit the forms of affidavit, on the date and conditions to that effect determined by the General IMPOSITTIVE DIRECTION under the SECRETARIAN PUBLIC INCOME OF THE MINISTERY OF ECONOMY AND PUBLIC SERVICES. Art. 25. . It will be a necessary condition for the maintenance of the plans of payment facilities set out in this decree that each and every quota is paid in pesos, not being able in any case to cancel with Previsional Debt Consolidation Bonuses, Consolidation Bonuses, or any other title of the National Public Debt. Art. 26. . The debt corresponding to the quotas of the schemes of payment facilities set out in this decree, except as stated in article 6 (h), shall be documented with the forms and conditions provided by the General IMPOSITTIVE DIRECTION under the SECRETARIAT OF PUBLIC INCOME OF THE MINISTERY OF ECONOMY AND PUBLIC SERVICES. Such a document shall be considered as a deadline in the event of expiry. Art. 27. . Please refer to the IMPOSITIVE GENERAL DIRECTION under the SECRETARIAT OF PUBLIC INCOME OF THE MINISTERY OF ECONOMY AND ARTWS AND PUBLIC SERVICES, to dictate the complementary rules it considers necessary for the purposes of the application of the condonation and the plans of payment facilities set out in this decree. In particular, to establish deadlines, to determine the date of entry of assessed contributions and other conditions to which the requests for the respective appropriations should be adjusted. Art. 28. . Note the HONORABLE CONGRESS OF NATION. Art. 29. Las The provisions of this decree shall govern from the date of publication in the Official Gazette. Art. 30. . Communicate, publish, give to the National Directorate of the Official Register and archvese. . MENEM. . Eduardo Bauzá. . Domingo F. Cavallo.

Annex I

Formula to determine the fees for the payment facility plan.

C= (V-M) .i(1+i)^n-1

(1+i) ^n-1 -1

where:

Annex II

PROFESSIONAL

SECOND STATE PROCESSAL STATE

(a) Initiation to sentence without exception	1.2%
(b) Initiation to sentence with exceptions	1.5%
(c) Execution of judgement pending without exceptions	2.1%
(d) Execution of judgement pending with exceptions	2.7%
(e) Idem (b) on appeal	1.8%