Key Benefits:
Bs. As., 26/3/97
VISTO Title VI of Law No. 23,966 on Personal Property Tax and its Amendments, and
CONSIDERING:
It is necessary to adopt the orderly text of the rules referred to in order to facilitate their consultation and avoid confusion in their application.
That this measure is determined in the exercise of the powers conferred by article 1 of Act No. 20.004 and article 6 of Act No. 24,631.
Therefore,
THE PRESIDENT OF THE ARGENTINA NATION
RIGHT:
Article 1- Approve the orderly text of Title VI of Law No. 23,966 on Personal Property Tax and its amendments, in accordance with the order that, as Annex I, integrates the present decree.The above-mentioned ordained text, prepared according to the aggregate index as Annex II, shall be called "Act No. 23.966, Title VI of Personal Property Tax, text ordained in 1997".
Art. 2°- The provisions of the law which are ordered by this decree shall have the effect that in each case indicate the rules that conform it. Art. 3rd- Communicate, publish, give to the National Directorate of Official Registration and archvese.- MENEM.- Jorge A. Rodríguez.- Roque B. Fernández.Annex I
TITULE VL
PROGRAMME ON PERSONAL WEEKS
CHAPTER I
GENERAL PROVISIONS
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ARTICLE 16.-Stay as an emergency by the term of NUEVE (9) fiscal periods from 31 December 1991, inclusive, a tax that will be applied throughout the territory of the Nation and will rest on the personal assets existing as at 31 December of each year, located in the country and abroad.
SUJECT
ARTICLE 17. They are passive tax subjects:
(a) The physical persons domiciled in the country and the indivisan successions settled therein, for the property located in the country and abroad.
(b) Physical persons domiciled abroad and indivisous successions settled therein, for the property located in the country.
Indivisible successions are contributors to this taxation for the property they possess as at 31 December of each year, as long as that date falls within the period between the death of the offender and the declaration of heirs or the date on which the testament to the same purpose has been declared valid.
For the purposes of this article, diplomatic and consular agents, technical and administrative personnel of the respective missions and other public officials of the Nation and those who are members of the commissions of the provinces and municipalities shall be deemed to be domiciled in the country and to be present abroad, as well as their relatives accompanying them.
ARTICLE 18. In the case of assets belonging to the components of the marital society, it shall be appropriate to attribute to the husband in addition to the property of his own, all of which are of the character of the maritals, except:
(a) This is the property acquired by women with the proceeds of their profession, trade, employment or industry.
(b) Judicial separation of property.
(c) That the administration of all property gains women ' s soda under a court ruling.
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ARTICLE 19. They are considered to be located in the country:
(a) The properties located in its territory.
(b) The real rights constituted on goods located therein.
(c) National enrollment ships and aircraft.
(d) Patented or registered motors in your territory.
(e) The movable property recorded in it.
(f) Furniture property of the home or of temporary residences when the home or residence is located in its territory.
(g) The personal property of the taxpayer, when the taxpayer had his or her domicile, or was found there.
(h) The other movable and semi-moving property in its territory as at 31 December of each year, although its situation does not have a permanent character, provided that this article does not have another treatment.
(i) The money and money deposits found in your territory as at 31 December of each year.
(j) The titles, shares, quotas or social participations and other titles are representative values of social or equivalent capital, issued by public or private entities, when they have a domicile in it.
(k) The assets of single-person enterprises or exploitations located in it.
(1) Credits, including negotiable obligations under Act No. 23,576 and ombudsmen, except for those with security right, in which case it shall be subject to the provisions of subparagraph (b) - when the debtor ' s actual domicile is located in its territory.
(m) The rights of scientific, literary or artistic property, those of factory or trade brands and the like, patents, drawings, models and designs reserved and other of industrial or immaterial property, as well as the derivatives of these and the respective licenses, when the holder of the right or license, if any, is domiciled in the country as at 31 December of each year.
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ARTICLE 20. They will be understood as goods located abroad:
(a) Property located outside the territory of the country.
(b) Real rights constituted on property abroad.
(c) Foreign registration ships and aircraft.
(d) Patented or registered motors abroad.
(e) Furniture and semovients located outside the territory of the country.
With regard to the retired or transferred from the country by the individuals referred to in article 17, subparagraph (b), it shall be assumed that they are not located in the country when they have remained abroad for a period equal to or greater than SEIS (6) months in continuous form prior to 31 December of each year.
(f) Titles and actions issued by outside entities and social quotas or participations, including single-person enterprises, and other titles representing the social capital of entities incorporated or located abroad.
(g) Deposits in offshore banking institutions. For this purpose it will be understood as located abroad to deposits that remain for more than TREINTA (30) days in the same in the course of the calendar year. To determine the amount of such deposits, the daily credit balance of each of the accounts shall be averaging.
(h) The mustards issued by entities or societies domiciled abroad.
(i) Credits whose debtors are domiciled abroad except that they should be considered as resident in the country by application of subparagraph (b) of this article. When the credits respond to price balances for the onerous transfer of goods located in the country at the time of disposal or are the result of activities carried out in the country, they will be understood to be permanently abroad when more than SEIS (6) months have remained there computed from the date on which they have been made enforceable until 31 December of each year.
EXENCTIONS
ARTICLE 21. They will be exempt from the tax:
(a) Property belonging to members of foreign diplomatic and consular missions, as well as their administrative, technical and family personnel, to the extent and with the limitations established by applicable international conventions. In its absence, the exemption shall be appropriate, to the same extent and limitations, only on the condition of reciprocity.
(b) Individual capitalization accounts covered by the capitalization regime provided for in Title III of Act No. 24,241.
(c) The social quotas of the cooperatives.
(d) Intangible goods (waves, brands, patents, concession rights and other similar goods).
(e) Property protected by the franchises of Act No. 19,640.
ARTICLE 21 bis.- Exemptions issued by general or special laws, referring to titles, bonds and other securities issued by the Nation, provinces or municipalities and to the negotiable obligations provided for in Act No. 23.576, shall not apply to this tax, when its acquisition or incorporation of the property is verified after the entry into force of the law incorporating this article.
CHAPTER II
FREEDOMS
VALUATION OF THE WEEKS IN THE COUNTRIES
ARTICLE 22. Property located in the country will be assessed according to:
(a) Real:
1. Property acquired: at the cost of acquisition or value at the date of entry to the property, the update index mentioned in article 27 relating to the date of acquisition or entry to the estate shall be applied, indicating the table prepared by the IMPOSITIVA GENERAL DIRECTION for the month of December of each year.
2. Built properties: to the value of the land, determined in accordance with the provisions of the above section, the construction cost will be added to which the update index mentioned in Article 27 regarding the date of completion of the construction will be applied, indicating the table elaborated by the IMPOSITIVA GENERAL DIRECTION for the month of December of each year.
The cost of construction will be determined by updating the index, each of the amounts invested from the date of each investment to the date of completion of the construction.
3. Construction works: the value of the land determined in accordance with paragraph 1, will be added the amount resulting from updating each of the amounts invested, by means of the index quoted in the above points, from the date of each investment to 31 December of each year.
4. Improvements: its value will be determined according to the provisions of paragraphs 2. and 3. for construction or construction, as appropriate.
In the case of properties with buildings, buildings or improvements, to the value attributable to them, determined according to paragraphs 1., 2. and 4. you will be detracted from the amount that results from applying to that value the DOS per SCIENTO (2 %) per year in terms of amortization. For the purposes of the application of the above provisions, in the case of acquired properties, the proportion of the updated value attributable to the building, constructions or improvements, shall be established taking into account the relationship between the value of such concepts and that of the land according to the fiscal value prevailing at the date of acquisition. In default, the taxpayer must justify the portion of the cost value attributable to each of the above concepts.
In the case of rural properties, the value determined in accordance with the above paragraphs will be reduced in the amount resulting from the application of a VEINTICINCO BY CIENTO (25 %) on the tax value assigned to land free of improvement for the purposes of payment of the provincial property tax. To the value of the property, in the case of arid areas with water holes under irrigation, the value of these holes will be discounted. It will be understood that the properties are rural, where local cadastral laws are provided. It will not be considered as improving the public irrigation that benefits a particular predium.
The computing value for the properties, in accordance with the provisions of this subparagraph shall not be less than that of the taxable base .vigente as at 31 December of the year by which the present tax is liquidated for the purposes of payment of the property taxes or similar taxes. This value shall also be taken in cases where it is not possible to determine the cost of acquisition or the value at the date of entry to the estate. If rural property is concerned, the amount referred to shall be reduced as provided for in the preceding paragraph.
If the property is intended for the taxpayer ' s house-habitation, or the person responsible for indivisous successions, the value determined in accordance with the provisions of this subparagraph may be deducted from the amount owed as at 31 December of each year for credits that have been granted for the purchase or construction of such property or for the improvement thereof.
In the cases of free assignment of the nude property subject to the usufruct, the assignor shall, when appropriate for the purposes of this tax, compute the total value of the property, determined according to the rules of this paragraph. In cases of cession of the nude property of a onerous contract property with usufruct reservation, the owners and usufructuaries are considered holders by halves.
(b) Automotives, aircraft, ships, yachts and similar ones: at the cost of acquisition or construction or value of income to the estate, the update index mentioned in Article 27 regarding the field of acquisition, construction or income to the estate, which indicates the table elaborated by the IMPOSITIVA GENERAL DIRECTION. The value thus obtained shall be deducted from the amount resulting from the application of the annual coefficient of amortization which for each type of property establishes the regulation or the IMPOSITIVA General DIRECTION, corresponding to the years of useful life elapsed from the date of acquisition, completion of the construction or entry to the estate, to the year, including, for which the tax is liquidated.
In the case of automotives, the value to be disclosed cannot be less than that established by the IMPOSTITIVE GENERAL DIRECTION, as at 31 December of each year, with the advice of the SUPERINTENDANCE OF NATION FOLLOWERS.
(c) Deposits and credits in foreign currency and the stocks thereof: according to the last value of the ARGENTINA NATION BANK . buyer type as at 31 December of each year, including the amount of interest that had been accrued to that date.
(d) Argentinian currency deposits and credits and stocks thereof: for their value as at 31 December of each year, which shall include the amount of interest and legal, agreed or judicially fixed updates that would have been accrued to the specified date.
(e) Objects of art, objects for collection and antiquities that are classified in Chapter 99 of the Nomenclature of the Customs Cooperation Council, objects of adornment and personal use and table services in whose manufacture has been used preponderantly precious metals, pearls and/or precious stones: for its value of acquisition, construction or entry to the patrimony, to which the index of update, mentioned in Article 27, indicates to the date
(f) Other assets not covered in the following subparagraph: for their cost of acquisition, construction or value at the date of entry to the property updated by application of the index mentioned in Article 27 regarding the date of acquisition, construction or entry to the property indicated in the table elaborated by the IMPOSITIVA GENERAL DIRECTION for the month of December of each year.
(g) Personal and household objects, excluding those set out in subparagraph (e): for their cost value. The amount to be appropriated for the assets covered in this subparagraph shall not be less than that resulting from the application of the CINCO BY SCIENTA (5 %) on the sum of the total value of the encumbered assets located in the country and the value of the properties located abroad.
(h) Public securities, shares of anonymous companies and in comandita, and other securities includes those issued in foreign currency - that are collated in stocks or markets: to the last value of quote as at 31 December of each year or last market value of that date in the case of quotas shares of common funds of investment.
Those who do not collide in stock shall be assessed for their cost, increased, of corresponding, in the amount of interest, updates and exchange differences that would have accrued to the specified date, except in the case of actions that do not collide in stock, for which the following paragraph shall be.
In the case of stocks that do not collect in stock, they will be computed to the proportional heritage value that emerges from the last closed balance as at 31 December of the period that is liquidated. The regulation will determine how to compute the increases and/or decreases in capital that occurred between the closing date of the broadcasting society and 31 December of the respective year.
In the case of social quotas of cooperatives: at their nominal value in accordance with article 36 of Act No. 20.337.
(i) Participations in the capital (less passive assets) of any kind of societies -excluding the actions referred to in the previous paragraph- and ownership of the capital of single-person enterprises or exploitations: for the amount established for participation or ownership in accordance with the capital of the company, company or exploitation that arises from the last closed balance as at 31 December of the period that is liquidated. The value of such participation shall be added or subtracted, respectively, the credit or debtor of the particular account as at 31 December of the year in which the liquidation of the tax is made, without considering the credits arising from the accreditation of proceeds that have been taken into account to determine the participation at the closing date of the period under review.
Where there are no registers that allow the creation of trade balance, the value of participation or ownership shall be determined by assessing capital (less passive assets) in accordance with the rules established by the regulation, which shall also determine how to compute the increases and/or decreases of capital that would have occurred between the date of closure of the company, company or exploitation originating from the participation and 31 December of each year.
In cases where the debtor or creditor balances of the individual accounts of the partners are to be computed, in order to determine the respective shares in the social assets, the balances from transactions with companies in conditions similar to those that may be agreed between independent parties should not be considered. These last balances will be considered as credits or debts, as appropriate.
(j) Goods of use not covered by subparagraphs (a) and (b) affected by activities taxed by the tax on profits by subjects, individuals other than companies: for their value of origin updated less the amortizations admitted to the said tax.
VALUATION OF THE SETTLEMENTS
ARTICLE 23. Property located abroad shall be assessed as follows:
(a) Real estates, motors, aircraft, ships, yachts and the like, intangible goods and other goods not included in the following subparagraphs: to their value of position abroad as at 31 December of each year.
(b) Credits, deposits and existence of foreign currency, including accrued interest as at 31 December of each year: at its value at that date.
(c) The securities that are quoted in bags or foreign markets: to the last value of quote as at 31 December of each year.
For the conversion to national currency of the amounts in foreign currency of the goods referred to in the preceding subparagraphs shall apply the value of quotation, type buyer, of the ARGENTINA NATION BANCO of the foreign currency concerned at the last working day prior to 31 December of each year.
MINIMO EXENTO
ARTICLE 24. Subjects specified in article 17 (a) shall not be reached by the tax whose property, assessed in accordance with articles 22 and 23, is equal to or below CIEN MIL PESOS ($ 100,000).
ALICUOTAS
ARTICLE 25. The tax to be entered by the taxpayers referred to in the previous article will arise from the application of the CIENTY CENTER (0.50 per cent) liquor on the total value of the goods subject to the tax whose amount exceeds that established in Article 24.
The subjects of this tax may calculate as payment to account the amounts actually paid abroad by tax similar to the present which they consider as an imponible basis the assets or goods in a global manner. This provision may be computed only to the increase in the tax obligation arising from the incorporation of goods permanently located abroad.
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ARTICLE 26. The taxpayers on the assets, indivisous successions settled in the country and any other person of visible or ideal existence domiciled in the country that has the condominium, possession, use, enjoyment, disposition, deposit, possession, custody, administration or keeping of goods subject to the tax that belongs to the subjects mentioned in subparagraph (b) of Article 17, shall enter by virtue of a single and definitive payment for the respective properties as at 31 December
In the case of property located in the country, unexploited or destined for location, recreation or summer, whose direct ownership corresponds to companies, companies, stable establishments, assets of affectation or housed exploitations or, where appropriate, settled or located abroad, shall be presumed, without admitting evidence to the contrary, that the same belong to natural persons or indivised successions domi.
The provisions of the first paragraph shall not apply to the following assets:
(a) Titles, bonds and other securities issued by the Nation, provinces or municipalities.
(b) Negotiable obligations under Act No. 23.576.
(c) Actions and participations in the capital of any kind of society, including single-person enterprises and operations.
(d) Contributions shares of common investment funds.
(e) The social quotas of cooperatives.
Where the direct ownership of the goods specified in the preceding paragraph corresponds to companies; companies, stable establishments, assets of affectation or exploitations domiciled or, where appropriate, located or located abroad, in countries that do not apply regimes of the titles private values, it shall be presumed, without admitting evidence to the contrary, that the same belong to individuals or indivisse successions domiciliate.
The presumption set out in the preceding paragraph shall not apply when the direct holders referred to therein are insurance companies, open investment funds, pension funds or banking or financial entities whose parent houses are established or based in countries where their central banks or equivalent agencies have adopted the international banking supervision standards established by the Basel Committee.
It is not appropriate to make the income set in this article when the amount is equal to or less than DOSCIENTA CINCUENTA PESOS ($ 250).
Those responsible for the entry of the tax shall have the right to refund the amount paid, including by retaining and/or directly implementing the assets that gave rise to payment.
The regulation shall establish the mechanisms by which double taxation in the country shall be avoided in cases where foreign companies are holders of goods covered by this article being their shareholders resident in the country or other dual-imposed assumptions that may arise.
The liquota established in the first paragraph will be increased in a CIENTO (100 %) CIENTO for those goods that fit in the presumptions provided for in this article.
CHAPTER III
OTHER PROVISIONS
ARTICLE 27. For the purposes of this law the update rates should be prepared annually by the IMPOSITVA General Directorate on the basis of the data relating to the variation of price indices to the greater, general level, which must be provided by the NATIONAL INSTITUTE OF STATISTIC AND CENSES.
The table referred to in subparagraphs (a), (b) (e) and (f) of Article 22 shall contain monthly values for VEINTICUATRO (24) previous immediate months, average quarterly values . . per calendar quarter since 1 January 1975 and average annual values for the other periods and shall base the price index for the month for which the table is drawn.
In addition, the IMPOSTITIVE GENERAL DIRECTION from the fiscal period 1992 will update annually, on the basis of the variation experienced in the index mentioned in the first paragraph of this article during the fiscal period referred to in the liquidation of the tax, the amount provided for in articles 24 and 26, which are expressed in the monetary unit established by Decree No. 2128 of 10 October 1991.
For the purposes of the application of the updates referred to in this article, they shall be practiced in accordance with article 39 of Act No. 24.073.
ARTICLE 28. Please refer to the IMPOSTITIVE GENERAL DIRECTION to dictate the complementary standards of information and perception or retention of the tax, which are necessary for its application and income.
ARTICLE 29. The application, perception and control of this tax shall be carried out by the IMPOSTIVE GENERAL DIRECTION and shall be governed by the provisions of Act No. 11.683, ordained text in 1978 and its amendments.
ARTICLE 30. Proceedings of the tax established in this Act shall be distributed in accordance with the following special regime:
(a) The NATIONAL NATIONAL ADMINISTRATION OF SOCIAL SECURITY (ANSeS) will be deposited in the NATIONAL ADMINISTRATION account for the financing of the national social welfare regime.
(b) The DIEZ BY CIENTO (10 %) to be distributed between the provincial jurisdictions and the AUTONOMA DE BUENOS AIRES CIUDAD, according to a prorrater formed according to the number of beneficiaries of the social security or forecast boxes of each of these jurisdictions as at 31 May 1991. The amounts arising from this assessment shall be rotated directly and on a daily basis to the respective boxes with specific impact to the existing forecasting regimes. The apportionment shall be made by the SECRETARY for Social Security on the basis of information provided to it by the FEDERAL COMMISSION ON IMPESTS.
Where social security or foresight boxes exist in municipal jurisdictions of the provinces, the amount to be distributed to them shall be determined according to their total number of beneficiaries existing as at 31 May 1991, in relation to the total number of beneficiaries of national, provincial and AUTONOMA CIUDAD OF GOOD AIRES.
The NOVATE FOR SCIENTI (90 %) of the amount referred to in the preceding paragraph shall be deducted from the amount to be distributed in accordance with point (a) and TEN BY SCIENTI (10 %) of the determined according to point (b). The amounts arising from this distribution will be rotated to the provincial jurisdictions, which must be distributed automatically and fortnightly to the respective municipal boxes.
Pursuant to article 4 of Act No. 24,699, it is suspended from 1 October 1996 and until 31 December 1998, both inclusive dates, the application of the tax distribution set out in subparagraph (a) of this article, which shall be distributed according to the proportions set out in articles 3 and 4 of Act No. 23,548, including the Province of the South Atlantic, the Anttar Islands,
CONTENTS OF THE ORDENAME IN 1997
| TEXT ARTICLES ORDERED | ANTERIORS | Source |
| 16 | 16 | Law No. 23.966 Title VI - Law No. 24.468 Article 1 |
| 17 | 17 | Law No. 23.966 Title VI |
| 18 | 18 | Law No. 23.966 Title Vl |
| 19 | 19 | Law No. 23.966 Title Vl |
| 20 | 20 | Law No. 23.966 Title Vl |
| 21 | 21 | Act No. 24,468 (e) Act No. 24.590 |
| 21 bis | ... | Law No. 24.468 Article 1 |
| 22 | 22 | Act No. 23.966 Title Vl - Paragraphs 3, 4 and 5 (a), last paragraph (b), (h), (i) and (j) Act No. 24.468. |
| 23 | 23 | Law No. 23.966 Title VI |
| 24 | 24 | Law No. 23.966 Title VI |
| 25 | 25 | Law No. 23.966 Title VI - Alicuota Law No. 24.468 Article 1 |
| 26 | 26 | Law No. 23.966 Title Vl - Alicuota and Paragraphs 2nd, 3rd, 4th, 5th and 8th Law No. 24.468 Article 1 - Last paragraph Law No. 24631 Article 5. |
| 27 | 27 | Act No. 23.966 Title VI- Decree No. 2128/91-Law No. 24.073 article 39 |
| 28 | 28 | Law No. 23.966 Title VI |
| 29 | 29 | Law No. 23.966 Title VI |
| 30 | 30 | Law No. 23.966 Title VI - Last paragraph Law No. 24.699 Article 4°. |
