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INCOME TAX
Law 26,893
Earnings Tax Act. Amendments. Sanctioned: September 12, 2013 Enacted: September 20, 2013
The Senate and Chamber of Deputies of the Argentine Nation, meeting in Congress, etc., are sanctioned by law:
Article 1-Substitute Article 2 (3) of the Law on Income Tax, which was ordered in 1997 and its amendments, by the following: 3. The results obtained from the disposal of movable movable property, shares, shares and social interests, securities, bonds and other securities, whichever is the subject that obtains them.
Article 2-Substitute (w) of the first paragraph of Article 20 of the Law on Income Tax, which was ordered in 1997 and its amendments, by the following: (w) results from transactions in the sale, exchange, swap, or disposal of shares, shares and social interests, securities, bonds and other securities, obtained by resident natural persons and foreign-established inheritance country, as long as they do not fall within the provisions of Article 49 (c), excluding those originating in those operations, which have as their object shares, shares and shares, securities, bonds and other securities, which do not (a) in stock exchanges or stock markets and/or which do not have a public offering authorisation. The exemption referred to in this paragraph shall also apply to investment companies, trustees and other entities which have the character of the subject of the tax and/or the tax obligation, which are constituted as a product of privatisation, in accordance with the provisions of Chapter II of Law 23,696 and agreed rules, as long as transactions with shares originating in participating property programmes, implemented in the framework of Chapter III of the same law.
ARTICLE 3-Substitute Article 45 (k) of the Law on Income Tax, which was ordered in 1997 and its amendments, as follows: k) Results from the sale, exchange, swap or disposal of shares, shares and shares, securities, bonds and other securities.
ARTICLE 4 °-Substitute the second and third paragraphs of Article 90 of the Law on Income Tax, which was ordered in 1997 and its amendments, by the following: When determining the net profit of the subjects included in the this article includes results from transactions of sale, exchange, swap or disposition of shares, shares and social interests, securities, bonds and other securities, the same shall be achieved by the
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15% (15%) tax on the aliquot. The same treatment shall be granted where the ownership of shares, shares and shares, securities, bonds and other securities, corresponds to companies, companies, stable establishments, assets or holdings, domiciled or, in his case, located abroad. In such cases, those subjects shall be reached by the provisions contained in paragraph (h) of the first paragraph and in the second paragraph of Article 93, to the aliquot established in the second paragraph of this article. Also, where the ownership corresponds to a foreign subject, and the acquirer is also a person-physical or legal-of the outside, the income of the corresponding tax shall be borne by the purchaser of the shares, shares and units social and other values that are in place. In the case of dividends or profits, in money or in kind-except in shares or shares-which are distributed by the subjects referred to in Article 69 (1) (a) (1), (2), (3), (6) and (7) (b)), the provision of the Article 46 and the derogation in the first paragraph of Article 91 and shall be subject to the tax on the aliquot of 10% (10%), in the form of a single and final payment, without prejudice to the retention of 30% and 5% (35%), which The Article shall be without a number incorporated in accordance with Article 69, if applicable.
ARTICLE 5-Repeal Article 78 of Decree 2.284 of 31 October 1991 and its amendments, ratified by Law 24.307.
Article 6-The provisions of this law shall enter into force on the basis of their publication in the Official Gazette and shall apply to the taxable facts which are perfected from the said validity.
ARTICLE 7 °-Commune to the national executive branch.
GIVEN IN THE SESSION HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, AT THE TWELVE DAYS OF THE MONTH OF SEPTEMBER OF THE YEAR TWO THOUSAND THIRTEEN.
-REGISTERED UNDER NO 26,893-
BELOVED BOUDOU. -JULIAN A. DOMINGUEZ. -Gervasio Bozzano. -Juan H. Estrada.
Date of publication: 23/09/2013
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