Tax On The Added Value Of Refund For Retail Purchases In Retail Stores

Original Language Title: IMPUESTO AL VALOR AGREGADO REGIMEN DE REINTEGRO POR COMPRAS EN COMERCIOS DE VENTA MINORISTA

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image start infoleg site The Ministry of Justice and Human Rights
VALUE ADDED TAX

Law 27253

Refund scheme for purchases in retail stores.

Sanctioned: June 08, 2016

Enacted: June 10, 2016

The Senate and the Chamber of Deputies of the Argentine Nation in Congress, etc.

Law:

TITLE I

Refund scheme for purchases in retail stores

ARTICLE 1- A system of drawback of a proportion of the value added tax contained in the amount of the transactions which, in the form of final co-ansumers, is paid for purchases of movable property made both in shops dedicated to the retail sale as in shops dedicated to wholesale selling to final consumers, registered and registered as such to the Federal Administration of Public Revenue, autarquica in the field of the Ministry of Finance and Public finances, through the use of bank transfers made by debit cards issued by entities that are qualified for the accreditation of labour, welfare or social security benefits, including non-bank prepaid cards or their equivalents.

All payments are made by the present drawback scheme:

(a) which correspond to operations carried out on the national territory;

(b) Debit is carried out in open accounts in branches or central houses of financial institutions covered by law 21,526 and their modifications, located in the country or through non-bank prepaid cards, or their equivalents.

ARTICLE 2- Empower the national executive branch to fix the magnitude of the drawback according to the proportion of the value added tax contained in the price of the food, and of other parameters, such as the type of beneficiary; as well as to grant the same benefit to those who carry out their operations with another means of payment, provided that they include the operation in the so-called information cards, purchase accumulation or other registration system, which is equivalent to the tax.

The size of the refund shall not be less than 15% (15%) of the amount of the transactions referred to in the first paragraph of Article 1 of the present, as long as it does not exceed the maximum amount established by the national executive branch. depending on the cost of the basic food basket.

Until the National Institute of Statistics and Census (INEC), a deconcentrated administration acting in the field of the Ministry of Finance and Public Finance, does not publish the basic food basket, the maximum amount that is mentioned in the Previous paragraph will be of three hundred pesos ($300) per month and per beneficiary.

This maximum amount must be modified by the national executive branch, according to the variation of the basic food basket, in the months of July and January of each year, from the month of January 2017, or from the entry into force of the present title, whichever is later.

In the case of persons receiving the allowances provided for in points (b) and (c) of Article 3, the refund shall be considered for each benefit received.

ARTICLE 3- They shall be beneficiaries of the scheme established by the present system, the persons who receive:

(a) Retirement and pension by death in a monthly sum not exceeding the guaranteed minimum referred to in Article 125 of Law 24.241 and its amendments;

(b) the universal child allowance for social protection;

(c) the pregnancy allowance for social protection;

(d) National non-contributory pensions in a monthly sum not exceeding the minimum guaranteed referred to in Article 125 of Law 24.241 and its amendments.

The national executive branch may incorporate the scheme as a beneficiary to other subjects not covered by the preceding paragraph.

ARTICLE 4 °- Invite the provinces and the Autonomous City of Buenos Aires to enter into agreements with the implementing authority of the present regime, in order to guarantee the extent of the benefits of this law to the individuals who receive benefits similar to those of the set out in the preceding article through the bodies of those jurisdictions or, where appropriate, their municipalities.

ARTICLE 5- The recipients of more than one benefit and/or benefit are excluded from this scheme, without regard to the universal allowance for social protection or the pregnancy allowance for social protection, and the death pensions, provided that the latter do not exceed the guaranteed minimum referred to in Article 125 of Law 24.241 and its amendments.

Such exclusion also reaches those who receive any of the benefits and/or benefits referred to in Article 3:

(a) are obliged to pay tax on personal property, provided that this obligation does not arise exclusively from the holding of a single house;

(b) Exercise other income which has been declared in the income tax or the simplified scheme for small taxpayers;

c) Perciban income in relation of dependence or are registered in the Integral System of Argentina (SIPA) as self-employed workers.

The assessment of the ceilings referred to in points (a) and (d) of Article 3 and the exclusions provided for in this Article shall be considered by each member of the family group.

It is defined as a family group to the holder plus the spouse or survivor or pension. If the holder is single, divorced, legally separated or in fact, he is considered to be the only member of the family group.

The verification of one of the cases of exclusion from the present scheme or the exceeding of the income of the family group of an amount equivalent to two integers with fifty cents (2,50) times the minimum guaranteed to which the Article 125 of Law 24.241 and its amendments, excludes that group from the benefits of this law.

The national executive branch may exclude from the scheme those subjects who, in addition to the benefits and/or benefits detailed in points (a) to (d) of Article 3, receive other similar characteristics and/or benefits from other (a) income other than those corresponding to food quotas and subnational social plans with those jurisdictions which have entered into agreements with the implementing authority within the meaning of Article 4 of this Title.

ARTICLE 6- The implementing authority of this law shall be the Ministry of Finance and Public Finance, which may require the intervention, within the framework of its powers, of the National Administration of Social Security, a decentralized body. The Ministry of Labor, Employment and Social Security, the Ministry of Social Development, and the Federal Administration of Public Revenue are acting in the field of the Secretariat of Social Security.

ARTICLE 7- The amount paid for the transactions covered by the scheme shall be the basis for calculating the reimbursement referred to in Article 1 of this Law.

ARTICLE 8- The financial institutions covered by Law 21,526 and their amendments shall consider the amounts actually credited to the accounts of the beneficiaries as a monthly credit against the following tax liabilities and in the order indicated:

(a) Value added tax;

(b) Tax on credit and debits on bank accounts and other operations.

The Federal Administration of Public Revenue will determine the form, deadlines and conditions for the purposes of the accreditation of the reimbursement and the computation of such credit, as well as define, together with the National Administration of Security Social, the way to implement the benefit in the case of use of non-bank prepaid cards or their equivalents.

ARTICLE 9- Where the amount of the accreditations made is higher than that of the tax obligations which the financial institution may have cancelled by the procedure described in the preceding article, the financial institution may to ask the Federal Government for Public Revenue to refund the surplus from the value added tax collection account.

TITLE II

Obligation to accept certain means of payment

ARTICLE 10.- Taxpayers who normally carry out the sale of furniture for final consumption, provide mass consumption services, carry out works or make furniture, must accept as a means of payment bank transfers. instruments, such as debit cards, non-bank prepaid cards, or other means that the national executive branch considers equivalent, and may compute as tax credit the value added tax the cost that the national government will take the system in question, for the amount to be authorised by the implementing authority.

The national executive branch will carry out the necessary actions to facilitate access to the technologies that are required to comply with this obligation and to the training for its use, being able to establish incentives and take measures to (a) the costs incurred for this purpose shall be incurred.

The national executive branch will carry out the necessary actions to eliminate the incidence of the cost that the system has to adopt for those taxpayers who are registered under the simplified regime for small taxpayers. The application of transactional commissions on the transactions covered by this law with debit card shall be prohibited. The implementing authority shall be empowered to regulate the provisions of this Article.

ARTICLE 11. -Those responsible for carrying out operations with final consumers must accept all the cards or means of payment covered by this standard, except where one of the following situations occurs:

a) The activity is carried out in localities whose population is less than one thousand (1,000) inhabitants, according to the official data published by the National Institute of Statistics and Censuses (INEC), which is an active administration in the the Ministry of Finance and Public Finance, corresponding to the last population census carried out;

b) The amount of the transaction is less than ten pesos ($10).

The national executive branch may modify the scope of the exceptions and dictate the regulatory norms aimed at implementing the system of reimbursement governed by Title I of this Law.

The Federal Administration of Public Revenue may set the timetable for the implementation of the provisions of this Title in cases where it considers it appropriate.

ARTICLE 12.- The amount liable to be computed as tax credit of the value added tax, corresponding to the cost incurred by the taxpayer as provided for in Article 10, shall not be subject to the procedure laid down in Article 13 of the the Law of Value Added Tax, text ordered in 1997 and its modifications.

TITLE III

General provisions

ARTICLE 13.- For the purposes of the application of this Law and the audit of its compliance, the provisions of Law 11.683, the text ordered in 1998 and its amendments, shall be observed as appropriate.

The Federal Administration of Public Revenue and the Secretariat of Commerce, dependent on the Ministry of Production, shall proceed without distinction to verify and verify compliance with the obligation laid down in Article 10 of this Law, Article 40 of Law 11.683, which was ordered in 1998 and its amendments, has been applied in the light of its non-compliance.

The closing sanction may not be applied for a period of one hundred and twenty (120) days from the date of this law. After that period, the penalty may be applied in accordance with the seriousness of the event and the offender's condition of reoffending.

The Federal Administration of Public Revenue will be empowered to establish the operational mechanisms for the effectiveness of the sanctions.

ARTICLE 14.- The National Executive Branch shall develop financial education and dissemination campaigns to promote the effective and full adoption and use of the means of payment included in this law.
Invite the provinces, the Autonomous City of Buenos Aires and the municipalities to carry out campaigns for the same purposes.

ARTICLE 15.- This law shall enter into force on the basis of its publication in the Official Gazette of the Nation.

The provisions of Title I of this Law shall apply from the date of the regulation and until 31 December 2017, including.

The national executive branch may extend the period laid down in the preceding paragraph.

TITLE IV

Transitional provisions

ARTICLE 16.- During the first month in which Title I of this Law applies, the beneficiaries referred to in Article 3 (a) shall be credited for each of the first two transactions carried out in the terms of the said Act. title a fixed sum of 150 ($150), in so far as the extent of the drawback resulting from the application of the provisions of the second paragraph of Article 2 ° is lower and as long as the maximum amount to which it relates is not exceeded that article.
During the second and third month, and under the same conditions, the fixed sum will be reduced to weights seventy-five ($75) for each of the four (4) first transactions made and to pesos fifty ($50) for each of the six (6) first transactions made, respectively.

ARTICLE 17.- Contact the national executive branch.

GIVEN IN THE SESSION HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, ON THE EIGHT DAYS OF JUNE OF THE YEAR TWO THOUSAND SIXTEEN.

-REGISTERED UNDER NO 27253-

MARTA G. MICHELETTI. -EMILIO MONZO. -Juan P. Tunessi. -Eugenio Inchausti.