Key Benefits:
Bs. As. 14/6/95
VISTO file N.1684/94 of the registry of the then NATIONAL INSTITUTE OF CINEMATOGRAPHY under the SECRETARIAT OF CULTURE OF CULTURE AND EDUCATION MINISTERY and Law N.17.741, as amended by its similar Nros. 20.170, 21.505 and 24,377, and
CONSIDERING
That article 33 of Act No. 17.741, as amended by article 6 of Act No. 20,170 and replaced by article 1, paragraph 15, of Act No. 24.377, provides that the percentage of the tax collection to be paid for the subsidy to the production of national films shall be determined by the NATIONAL EXECUTIVE PODER.
That article 34 of Act No. 17.741, as amended by article 6 of Act No. 20.170 and article 1, paragraph 16, of Act No. 24, 377, provides that the settlement of the grant shall be carried out by calendar quarters during VEINTICUATRO (24) months, from the first date of commercial exhibition, following its award, on the basis of the per cent on the gross production of a special award for the POWER.
Article 35 of Act No. 17.741, as amended by article 6 of Act No. 20.170, provides for the regulation by the NATIONAL EXECUTIVE PODER of the index of which the maximum amount to be awarded as a subsidy is to be applied.
That article 36 of Act No. 17.741, as amended by articles 6 of Act No. 20,170 and 1 of Act No. 21,505, provides that the NATIONAL EXECUTIVE POWER must set the portion of subsidy to be reinvested for the production of a new film or industrial equipment.
That article 24 bis incorporated in Act No. 17.741, by article 1, paragraph 11 of Act No. 24.377 has failed to mention the implications of the comprehensive application of Act No. 11.683 and amendments by the General IMPOSTITIVE DIRECTION of the MINISTERY OF ECONOMY AND ARTWS AND PUBLIC SERVICES, in respect of the taxes enshrined in article 24.17
That article 24 ter incorporated in Act No. 17.741, by article 1, paragraph 11 of Act No. 24.377 provides that limitations may not be established on the free availability it declares, and also does not affect the resources of the Fund for Cinematographic Development to any other non-executing role of the law, so that it should be expressly clarified that the regime for compensation of other taxes provided for in article 35 and consistent with the application of the Crime Fund.
That the dictation of this measure is carried out in the exercise of the powers under article 99 (2) of the National Constitution.
Therefore,
THE PRESIDENT
OF ARGENTINA NATION
RIGHT:
Article 1.- Note in a CINCUENTA BY CIENTO (50 per cent) the tax collection portion set out in article 24 (a), (b) and (c) of Act No. 17.741, as amended by article 1 of Act No. 24,377, to be used in each financial period to attend to subsidies for the production of national films. Art. 2°: The subsidy will be liquidated on the gross production of jewelry as follows:(a) Films without special interest: STEPS (70 per cent) until it is reached to cover the cost of UNA (1) national medium-budget film, according to the guidelines set by the NATIONAL INSTITUTE OF CINE and AUDIOVISAL ARTES. At this rate, the percentage will be TREINTA AND CINCO FOR SCIENTA (35%) until reaching a value equal to UNA and MEDIA (1 1/2) once the cost mentioned in the previous paragraph.
Covers both amounts will be liquidated to DOS per SCIENTO (2%), until reaching the top of the recognized cost of the film in question.
(b) Special interest film: CIEN BY SCIENTY (100%) until it is reached to cover the cost of UNA (1) national medium-budget film according to the guidelines set by the NATIONAL INSTITUTE OF CINE and AUDIOVISAL ARTS.
Once the figure is reached, the percentage will be from SETENTA per SCIENT (70%) to a value equal to DOS (2) times the cost mentioned in the previous paragraph.
Covered both amounts, the subsidy will be liquidated to CINCO BY SCIENTO (5%), until reaching the top of the recognized cost of the film in question.
Art. 3rd: The sum to be awarded as a subsidy shall not exceed the CIEN by 100 per cent of the "acknowledged cost" by the NATIONAL INSTITUTE OF CINE and AUDIOVISAL ARTS. To this end, the subsidy referred to in this decree will be accumulated, those who are perceived by other means, in accordance with the regulations governing the NATIONAL INSTITUTE OF CINE and AUDIOVISAL ARTES. The provisions of the preceding paragraph shall apply equally to the calculation of the percentages set out in article 2 of the present decree. Art. 4°.- Note in a CINCO FOR SCIENTI (5%) of subsidy, the part of the subsidy that will be used to reinvest for the production of UNA (1) new film or industrial equipment. Art. 5°.- When more than one A (1) film is displayed in an entirely national programme, the percentages of the subsidy provided for in Article 2 will be distributed in an OCHENTA BY SCIENTO (80%) for the film considered the basis of the program and in a VEINTE BY SCIENTO (20%) for which it is considered a complement. If there is more than UNA (1) supplemental film, the percentage referred will be divided equally between them. Art. 6°.- In accordance with the authority granted by article 2, Act No. 11.683 (t. 1978) and its amendments, the application of the taxes set out in article 24 of Act No. 17.741, replaced by article 1, paragraph 11 (a) and (b) of Act No. 24.377, shall be in charge of the General IMPOSSIVE DIRECTION of the MINISTERY OF ECONOMY. Art. 7°- The income of taxes related to the Film Development Fund should be made exclusively by bank deposit, not being able to cancel the same through compensation with other taxes of the IMPOSITTIVE GENERAL DIRECTION of the MINISTERY OF ECONOMY and PUBLIC SERVICES. Only compensations of amounts originating in excess of the same tax shall be admitted. Art. 8°.- Contact, post, give to the National Directorate of the Official Register and archvese. . MENEM. - Jorge A. Rodriguez. - Domingo F. Cavallo.