TAX to the profits tax to the gains Law 26.893 law of income tax. Modifications. Sanctioned: 12 September 2013 promulgated: 20 September 2013 the Senate and Chamber of deputies of the Argentina nation gathered in Congress, etc. they attest to the force of law: article 1 ° - replace point 3 of article 2 of the law on tax gains, text ordered in 1997 and its amendments, by the following: 3. from results of the disposition of depreciable property, shares, quotas and participation certificates, equities, bonds and other values, either outside the subject that get them.
Article 2 ° - Replace paragraph w) of the first paragraph of article 20 of the law of tax gains, text ordered in 1997 and its amendments, for the following: w) from results of operations for sale, Exchange, barter, or disposition of shares, shares and participation certificates, equities, bonds, and other values obtained by resident individuals and undivided in the country (, as are not included in the provisions of subparagraph (c)) of article 49, excluding the incurred in these operations, which relate to actions, fees and participation certificates, equities, bonds and other securities, which are not listed on bags or stock markets or having no authorization of public offering. The exemption referred to in this subparagraph shall also for societies of investment, trustees and other bodies possessing the character of subjects of assessment or the tax obligation, constituted as a result of privatization, in accordance with the provisions of chapter II of the law 23.696 and standards consistent, as regards operations with actions originating in subsidiary ownership implemented within the framework of chapter III of the Act.
Article 3 ° - Replace subparagraph k) article 45 of the law of tax gains, text ordered in 1997 and its amendments, by the following: k) the coming results of sale, Exchange, barter or disposal of shares, shares and participation certificates, equities, bonds and other securities.
Article 4 ° - replacements the second and third subparagraphs of article 90 of the law of tax gains, text ordered in 1997 and its amendments, for the following: where the determination of the net profit of the subjects covered in this article, includes results from operations of purchase and sale, Exchange, barter or disposal of stocks, shares and participation certificates, titles , bonds and other securities, they will be reached by the https://www.boletinoficial.gob.ar/pdf/linkQR/TmVTZmgzY3pYN1JycmZ0RFhoUThyQT09 tax at the rate of fifteen percent (15%). Identical treatment must grant is when the ownership of them actions, quotas and shares social, titles, bonds and others values, appropriate to societies, companies, establishments stable, estates or holdings, domiciled or, in your case, rooted in the outside. In such case, these subjects will be achieved by the provisions contained in subsection h) of the first paragraph and the second paragraph of article 93, at the rate established in the second paragraph of this article. Also when ownership corresponds to a subject from the outside, and the acquirer is also a person - or legal - from the outside, the income of the tax will be responsible for the buyer of shares, quotas and participation certificates and other values that are alienated. In the case of dividends or profits, in money or in kind - except in shares or quotas elsewhere--that distribute the subjects referred to in subsection to), paragraphs 1, 2, 3, 6 and 7 and subparagraph (b)), article 69, will not apply the provision of article 46 and the exception of article 91, first paragraph and will be achieved by the tax at the rate of ten percent (10%) , unique and definitive payment basis, notwithstanding the retention of thirty-five percent (35%), which laid down in article number incorporated then Article 69, if appropriate.
Article 5 ° - abrogated article 78 of the Decree 2.284 of October 31, 1991 and amended, ratified by law 24.307.
Article 6 ° - the provisions of this law shall enter into force after its publication in the Official Gazette and shall apply to the taxable facts that is perfected from the said entry into force.
Article 7 ° - contact the national executive power.
GIVEN IN THE CHAMBER OF THE CONGRESO ARGENTINO, BUENOS AIRES, TO THE TWELVE DAYS OF THE MONTH OF SEPTEMBER IN THE YEAR TWO THOUSAND THIRTEEN.
-REGISTERED UNDER NO. 26.893 - AMADO BOUDOU. -JULIAN A. DOMINGUEZ. -Gervasio Bozzano. -John H. Estrada.
Date of publication: 23/09/2013 https://www.boletinoficial.gob.ar/pdf/linkQR/TmVTZmgzY3pYN1JycmZ0RFhoUThyQT09