The Senate and Chamber of Deputies of the Argentine Nation, meeting in Congress, etc., are sanctioned by law:
Scheme for the Promotion of the Knowledge Economy
General guidelines for the scheme
Article 1 °-Establishment of the scheme. Create the "System of Promotion of the Economy of Knowledge" that will govern throughout the territory of the Argentine Republic and that aims to promote economic activities that apply the use of knowledge and the digitalization of the information supported by advances in science and technology, the procurement of goods, the provision of services and/or improvements in processes, with the scope and limitations set out in this Law and the regulatory standards which it consequences are dictated.
Art. 2 °-Activities promoted. This System of Promotion of the Knowledge Economy aims at the creation, design, development, production and implementation or adaptation of products and services and their associated technical documentation, both in their basic and applied, including the one that is developed to be incorporated in processors and/or other technological devices, promoting the following items:
a) Software and software and digital services, including: (i) development of existing or future software products and services (SAAS) that apply to activities such as e-learning, interactive marketing, e-commerce, services for the provision of applications, publishing and electronic publishing of information; provided that they are part of an integrated computer offering and add value to it; (ii) development and development of recordable original software products such as unpublished or edited work; (iii) implementation and implementation for third-party products of own or created third party software and registered products; (iv) development of tailor-made software when this activity makes it possible to distinguish the creation of added value, even if in the respective contracts the intellectual property is transferred to (v) value-added IT services aimed at improving the security of equipment and networks, the reliability of software systems and systems, the quality of systems and data, and the administration of information and knowledge of organizations; (vi) development of parts of systems, modules, routines, procedures, documentation, provided that these are complementary or integrable developments to recordable software products; (vii) design, coding, implementation, maintenance, distance support, incident resolution, conversion and/or translation of computer languages, addition of functions, preparation of documentation for the user and guarantee or advice of quality of systems, among others, all of them to be made to products of software and destined to markets external; (viii) development and software development to be developed to be incorporated in processors (embedded or inserted software) used in goods and systems of various kinds; (ix) video games; and (x) cloud computing services;
(b) audiovisual production and post-production, including digital format;
(c) Biotechnology, bioeconomics, biology, biochemistry, microbiology, bioinformatics, molecular biology, neurotechnology and genetic engineering, geoengineering and its testing and analysis;
(d) geological and prospecting services and services related to electronics and communications;
(e) professional services, only to the extent that they are export;
(f) Nanotechnology and nanoscience;
(g) Aerospace and satellite industries, space technologies;
(h) Engineering for the nuclear industry;
(i) Manufacturing, putting in place, maintaining and introducing goods and services oriented to automation solutions in production that include cycles of feedback of physical processes to digital and vice versa, being at all times, exclusively characterized by the use of industry 4.0 technologies, such as artificial intelligence, robotics and industrial internet, internet of things, sensors, additive manufacturing, augmented and virtual reality.
Also included are the engineering, exact and natural sciences, agricultural sciences and medical sciences activities linked to research and experimental development.
The implementing authority shall lay down the rules clarifying the scope of the activities and areas covered by this scheme. Likewise, the national executive branch will be able to expand the areas and/or activities under the emerging technologies.
Art. 3 °-Registration. Create the National Register of Beneficiaries of the Knowledge Economy Promotion Regime in which those who wish to access the regime created by this law must register, subject to the conditions laid down by the regulations.
Art. 4 °-Subjects achieved and requirements. The benefits of this Scheme of Promotion of the Economy of Knowledge may be accessed by the legal persons referred to in Article 49 (a) of the Law on Income Tax, which was ordered in 1997 and its amendments, constituted in the Republic of Argentina or authorized to act within its territory, which develop in the country, for its own account and as principal activity, some of the activities mentioned in article 2 of this law, are found registered in the National Register of Beneficiaries of the Regime of Promotion of the Economy of the Knowledge and meeting at least two (2) of the following requirements, in terms and conditions as determined by the regulations:
a) Credit for continuous improvement in the quality of its services, products and/or processes, or through a recognized quality standard applicable to its services, products and/or processes;
(b) Credit without distinction and/or jointly, the carrying out of the activities of:
i. Research and development in the activities of the article 2 ° in a minimum of three percent (3%) of its total turnover; and/or
ii. Training of employees affected to the activities of Article 2 ° by a minimum of eight per cent (8 per cent) of the total wage bill.
(c) Credit the export of goods and/or services arising from the development of any of the activities promoted, at least 13% (13%) of the total turnover corresponding to those activities. Where the activity referred to is that of Article 2 (e), it shall be required at least for exports originating exclusively from that activity, for a percentage of 70% (70%) of total turnover. Only if the latter was developed by undertakings considered to be micro or small, in the terms of Article 2 (2) of Law 24467 and its amendments, this percentage shall be 40% and 5% (45%) of the total the billing for the first five (5) fiscal years counted from the entry into force of the present.
The principal activity requirement shall be deemed to be met, where the percentage of turnover in the activities promoted represents at least 70% (70%) of the total turnover, in terms and conditions to set the rules.
For those cases where the legal person does not yet have any billing, he may apply for registration in the Register provided for in Article 3 of the present, accompanying an affidavit by which he or she develops Some or some of the activities provided for in Article 2 of this Law, present their business model in this activity, and also, accredit that seventy percent (70%) of their payroll and salary mass are affected to the said activity. activity.
The above conditions shall be fulfilled annually in respect of any of the activities defined in Article 2 of this Law, in terms determined by the implementing authority.
Art. 5 °-For the purposes of this law, self-development is understood by a legal person for his or her own use or for that of companies linked to society and/or economically, and in all cases, reviewing the character of end user.
Self-development may be computed within the percentage of the billing required to constitute a principal activity, to the extent that it is exported.
Art. 6 °-Micro Enterprises. In the case of micro-enterprises, in the terms of Article 2 (2) of Law 24.467 and their modifications, with seniority less than three (3) years from the beginning of activities, to access the scheme, they will only have to prove that they are developing in the country, own account and as a principal activity, some of the activities referred to in Article 2 of this Law.
In order to maintain their stay in the system, compliance with the requirements of Article 4 (3) must be satisfied.
Tax treatment for beneficiaries
Article 7-Fiscal Stability. The beneficiaries of the Promotion of the Economy of Knowledge Regime shall enjoy fiscal stability in respect of the activities to be promoted, from the date of their registration in the National Register of Beneficiaries of the Promotion of the Economy of Knowledge, and for the term of its term. Fiscal stability means that beneficiaries will not be able to see their national total tax burden increased at the time of their application for membership of the National Register of Beneficiaries of the Promotion of the Economy of the Knowledge.
Fiscal stability reaches all national taxes, including direct taxes, taxes and tax contributions that have as their taxable persons the registered beneficiaries, as well as the rights or duties. to import and export.
This benefit will be extended to the tax burden of the Autonomous City of Buenos Aires, provinces and municipalities to the extent of their adherence to this law, in which case the burden will be considered separately in each jurisdiction.
Article 8-Employers ' contributions. The beneficiaries of this scheme shall enjoy, for each of their employees in relation to their dependency, duly registered a removal equivalent to the maximum amount provided for in Article 4 of Decree 814 of 20 June 2001 and their modifications, updated in accordance with the guidelines established therein, not resulting in the progressive scheme provided for in Article 173 (c) of Law 27,430.
Where the general scheme of contributions and contributions is more favourable than the benefit provided for in the first paragraph of this Article, the beneficiary may apply the removal and/or aliquot of the general scheme.
Art. 9 °-Additional incentive. In addition, beneficiaries will be able to obtain, in the forms and conditions established by the regulation, a one-time transferable tax credit bonus, equivalent to a comma six (1.6) times the amount of the employer's contributions. it would have been appropriate to pay on the amount set out in the previous article, which must be applied to the payment of the amounts to be paid, in the form of advances and/or balances of affidavit, as a tax on profits and tax on the value added. When workers in relation to dependency have the title of doctor, in the terms established by the regulation, the tax credit bonus generated by that employee will be equivalent to two (2) times the amount of the contributions the employer who would have been responsible for the amount established in the previous article, for the term of twenty-four (24) months since his/her hiring.
The income obtained on the basis of the incorporation of the tax credit bond established in this article shall not be computable by its beneficiaries for the determination of the net profit in the income tax.
Art. 10.-Tax on Earnings. The beneficiaries of this Scheme for the Promotion of the Economy of Knowledge will be affected by the income tax in the reduced aliquot of 15% (15%), in so far as they maintain their payroll in the terms and conditions laid down by the rules.
With respect to the aliquots laid down in the first paragraph of the third article added after 90 of the Law on Income Tax, text ordered in 1997 and its amendments, the provisions of that standard should be set.
This benefit shall apply for tax years which are initiated after the date of registration of the beneficiary in the said register.
Art. 11.-Retentions and perceptions. The beneficiaries of this scheme shall not be subject to any withholding tax or value added tax.
In the forms and conditions established by the regulations, the Federal Administration of Public Revenue, an autarqual entity within the Ministry of Finance, shall issue the respective constancy of the benefit provided for in the preceding paragraph.
Payment on account of income tax
Article 12.-The beneficiaries of this scheme, on the basis of the revenue obtained in consideration of the activities referred to in Article 2, may deduct a claim for similar charges actually paid or withheld in the In accordance with the provisions of the Law on Income Tax, in the case of Argentine source earnings. The aforementioned computation will proceed to the limit of the increase of the tax obligation caused by the incorporation of these profits.
Verification and control. Infringements and penalties
Art. 13.-Information system. Verification and control. The information system to be complied with by the beneficiaries of this scheme shall be laid down in the rules of this law.
The implementing authority, by itself or through national universities, specialised bodies or colleges or professional councils in each jurisdiction, shall carry out audits, verifications, inspections, controls and/or evaluations for the purpose of (a) to verify compliance with the obligations and commitments made by the beneficiaries and the maintenance of the conditions which have enabled them to comply with the scheme.
The abovementioned tasks shall be settled by the beneficiaries by payment of a fee, which shall in no case exceed four per cent (4%) calculated on the amount of the tax benefits obtained under the scheme.
The implementing authority shall establish the procedure for determining the percentage, time limit and method of payment, as well as the other conditions for the collection of the fee.
Art. 14.-Submission of information. The Federal Administration of Public Revenue, an autarchic entity within the Ministry of Finance, shall provide the implementing authority with the information it requires for the purposes of verifying and controlling compliance with the conditions of access and permanence in the system, not governed by that requirement, the institute of fiscal secrecy provided for in Article 101 of Law 11.683, which was ordered in 1998 and its amendments. For these purposes, the application for registration of the beneficiary in the register provided for in Article 3 of this Law shall imply the full consent and authorization of the same in favor of the Federal Administration of Public Revenue, for the transfer of such information to the implementing authority and its processing.
In the event of non-compliance by the beneficiaries, the implementing authority shall inform the collecting body accordingly.
Article 15-Sanctions. Failure to comply with the provisions of this Regime for the Promotion of the Economy of Knowledge, the information system and/or the falsehood of the information declared by the beneficiary and/or documentation submitted, shall give rise to the application, in individual or joint form, of the following penalties, without prejudice to those which may correspond to the application of criminal and/or pension and/or tax legislation:
(a) Suspension of the enjoyment of the benefits of this scheme for a period of three (3) months to one (1) year. During the suspension the beneficiary will not be able to benefit from the tax benefits of this law;
b) Low of the Promotion of the Economy of Knowledge Regime;
(c) Revocation of the registration as a beneficiary, which shall have effect from the date of registration or from the moment of configuration of the serious non-compliance, as defined in each case by the implementing authority on the basis of the gravity of the non-compliance
(d) Imposition of fines for an amount which may not exceed 100% (100%) of the profit taken in breach of the applicable rules.
In any of the cases referred to in points (b) and (c) above, it may also be declared to be disallowed to access again the benefits provided for in this law by a term which may not exceed five (5) years.
The penalties provided for in this Article may be applied in whole or in part, without prejudice to the obligation of the beneficiary to pay the taxes not paid, with their interests and accessories, where appropriate.
For the assessment and assessment of penalties, the implementing authority shall take into account the seriousness of the infringement, its economic entity and the company's history of compliance with the scheme.
Treatment applicable to beneficiaries of law 25,922.
Art. 16.-The balances of the tax credit bonds not applied at December 31, 2019, by the beneficiaries of the Software Industry Promotion Regime of Law 25,922 and their modification, shall be considered as free transferability and remain in force until exhaustion.
In the event of the expiration of the assigned tax benefit, and the beneficiary of Law 25,922 and its Amending Law 26,692 has previously transferred it to a third party, it will have to reintegrate the amount of the tax credit awarded in a timely manner. with the interests and accessories which may correspond.
Article 17-Deadline for crediting requirements for beneficiaries of Law 25,922. As of the enactment of this law and until its entry into force, the beneficiaries of the Software Industry Promotion Regime of Law 25,922 and its modification shall express their willingness to continue in the Regime of Promotion of the Knowledge Economy, through the presentation of the respective application for membership.
The formalities established for this purpose must be completed. The interested parties will be incorporated, on a provisional basis, in the National Register of Beneficiaries of the Promotion of the Economy of Knowledge Regime, considering the date of registration of the day 1 January 2020.
Those beneficiaries may benefit from the benefit set out in Article 10 for tax years starting from 1 January 2020. For those who have started before that date, they shall comply with the provisions of Law 25,922 and its amendment.
Such subjects shall have until 30 June 2020 to comply with the requirements laid down by this law, as specified in the rules laid down in the rules.
If the person concerned is not entitled to fulfil the requirements of the scheme to be regarded as a beneficiary, the implementing authority shall, by means of a well-founded act, discharge the provisional registration of the register. National of the beneficiaries of the Promotion of the Economy of Knowledge, and the interested party must reintegrate in the form, deadlines and conditions established by the Federal Administration of Public Revenue, the benefits used unduly, with more of their interests and accessories in accordance with the provisions of Law 11.683 (a) the text in 1998 and its amendments, without prejudice to any other sanctions which may be applicable.
Otherwise, if compliance with the relevant requirements is established, the implementing authority shall issue the administrative act which, inter alia, provides for the acceptance of the final entry of the beneficiary into the National Register of beneficiaries of the Knowledge Economy Promotion Regime.
Art. 18.-Export for financing. Each beneficiary shall annually pay an equivalent amount of up to one comma five percent (1.5%) of the total amount of tax benefits granted under the scheme established by this law, in the Trust Fund for Development of Entrepreneurial Capital (FONDCE) set up by Article 14 of Law 27.349.
The rules of this law shall establish the procedure for determining the amount, time and form of payment, as well as the other details for the perception of the concepts provided for in this article.
Art. 19.-Application Authority. The implementing authority of the Knowledge Economy Promotion Scheme shall be the Ministry of Production and Labour and/or the Ministry of Labour and/or the Ministry of Labour and/or the Ministry of Production and/or the Ministry of Production and/or the Ministry of Production. proper operation of the same.
Art. 20.-The System of Promotion of the Economy of Knowledge shall be valid from 1 January 2020 until 31 December 2029.
Art. 21. The benefits provided for in this law may be applied in conjunction with those of Article 9 (b) of Law 23,877, Law 24.331 and Law 26.270, and the restrictions contained therein are not applicable. In any case, to access the benefits, compliance with the requirements laid down in the applicable regulations must be met.
Art. 22. The present regime shall apply in the Autonomous City of Buenos Aires and in the provinces, which expressly adhere to it, through the diktat of a law, and adopt measures aimed at promoting the activities under promotion by the granting of tax incentives, in addition to the provisions of Article 7 of this Regulation.
Art. 23.-Commune to the national executive branch.
GIVEN IN THE SESSION HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, AT THE TWENTY-TWO DAYS OF THE MONTH OF MAY OF THE YEAR TWO THOUSAND NINETEEN.
REGISTERED UNDER NO 27506
MARTA G. MICHELETTI-EMILIO MONZO-Eugenio Inchausti-Juan P. Tunessi
e. 10/06/2019 N ° 41010/19 v. 10/06/2019