DEVELOPMENT REGIME AND STRENGTHENING DELAUTOPARTISMO ARGENTINE REGIME OF DEVELOPMENT AND STRENGTHENING OF THE ARGENTINE AUTOPARTISMO. BENEFITS and INCENTIVES law 27263 creation.
The Senate and Chamber of deputies of the Argentina nation gathered in Congress, etc. they attest to the force of law: TITLE I creation of the system of development and strengthening of the Argentine Autopartismo.
Benefits and incentives.
CHAPTER i. definition and scope of the regime ARTICLE 1 - establishing the regime of development and strengthening of the Argentine Autopartismo, which is given an electronic bonus of tax credit that may be assigned to third parties, for the payment of national taxes, by an amount equal to a percentage of the value ex national auto parts factory that makes reference article 4 net of tax value-added (VAT), expenses and financial, discounts and bonuses.
ARTICLE 2 - for the purposes of the present regime, it means: by platform: an Assembly primary structural load bearing of a motor vehicle, that determines the basic size of that vehicle, and shapes the structural base that supports the Powertrain, and serves as a union of vehicle automotive in different types of frames, such as Assembly of bodywork, dimensional frame or unitary body. New platform: a platform that starts its production as a result of a relevant investment in fixed assets, redesign of processes and products, civil engineering and development of local suppliers, reaching a level of optimum production of the good that concerned. Order a production platform should be considered new should involve a minimum of fifty million U.S. dollars investment (U$ s 50,000,000) in cases of subparagraphs to), b), c) of article 4, and of twenty million dollars (U$ s 20,000,000) to subsection d) of article 4. Without prejudice of it earlier, the authority of application dictate them standards explanatory and the criteria that are necessary.
https://www.boletinoficial.gob.ar/pdf/linkQR/SVJQbWU3WXluaTFycmZ0RFhoUThyQT09 by unique platform: one whose production takes place within the common market of the South (Mercosur), only in the Argentina. By engines and boxes of transmission: them goods included in the list that for this purpose develop the Authority's application. By auto parts: the parts, parts, subsets, joint and systems members of the vehicle or autoparte benefit included in the list that for this purpose develop the authority of application. By national auto parts: those who comply with the conditions laid down in article 16 of this law. By Terminal companies: those companies that produce goods included in subparagraphs to), b), c), d), e) and f) of article 4 of this law. (((By auto parts: those companies that produce them goods included in them subparagraphs g), h) e i) of the article 4 ° of the present law and their parts and parts, regardless of the destination of application of these. By components produced in house: those components that are produced directly by the companies terminals or auto parts.
((((((ARTICLE 3 °-may request the accession to the regime them people legal manufacturers of them products indicated in them interjections to), b), c), d), e) and f) of the article 4 ° of the present law, that have with establishment industrial based in the territory national to the amparo of it law 21.932, or is are registered in them records created by it resolution 838 of date 11 of November of 1999 of the former Secretariat of industry , Trade and mining of the former Ministry of economy, works and services public, their amended and complementary, without prejudice of the regime customs to which is subject said territory and/or of them benefits tax of which the companies could result favored, both in jurisdiction municipal, provincial or national. ((Also may request accession under full legal persons manufacturers of the goods referred to in subparagraphs g), h) e i) of article 4 of this law, regardless of the destination that is given to them, which have industrial settlement established in the national territory, without prejudice to the customs arrangements to which it is subject that territory and/or tax benefits which companies could be favoured both at municipal, provincial or national jurisdiction. For the purposes of the provisions of the preceding paragraph, the manufacturer must complete the provisions of resolution 838/99 of the former Department of industry, Commerce and mining or be inscribed in the record industry of the nation, created by law 19.971.
CHAPTER II ARTICLE 4 ° profit - legal persons who adhere to the regime will receive a benefit on the value of national auto parts incorporated into their products, according to the definitions contained in article 16 of this law. These local auto parts must be intended for the manufacture of the products defined in items to), b), c), d), e) and f) and/or the production of auto parts defined in subparagraphs g), h) e i) of this article; (a) automobiles; (b) utilities of up to one thousand five hundred kilograms (1,500 kg) of cargo capacity; (c) commercial light more than one thousand five hundred kilograms (1500 kg) and up to 5,000 kg https://www.boletinoficial.gob.ar/pdf/linkQR/SVJQbWU3WXluaTFycmZ0RFhoUThyQT09 (5,000 kg) of cargo capacity; (d) trucks, chassis and cab, and bus; e) trailers and semi-trailers; (f) self-propelled road and agricultural machinery; (g) engines of internal combustion, hybrids or others; (h) boxes of transmission and their components; (i) other systems of auto parts, assemblies and subassemblies, that defines the enforcement authority.
ARTICLE 5 ° - the enforcement authority will establish the collateral subject to the benefit, preparing for this purpose a list with their corresponding tariff positions of the common Mercosur nomenclature (NCM) and dictating explanatory or supplementary standards as it deems necessary for this purpose.
ARTICLE 6 ° - the benefit provided for in article 4 of the present is applicable also to the purchase of new arrays manufactured in the country for stamping, mortise, stamping or forging, of new molds made in the country for injection, compression or forging of metals, and for injection or compression of plastic or rubber, their new foundry tools and specific calibers intended for the production of auto parts components of the goods referred to in article 4 ° of This law and contemplating the technological changes that might exist.
ARTICLE 7 ° - for the purposes of access to the regime instituted by article 1 of this law, the companies producing goods included in subparagraphs to), b), c), d), e) and f) of item 4 ° shall present a request for accession related to the production of new exclusive platforms. Such a request must be approved by the enforcement authority, who will take into consideration the impact of the incentive on the investment decision, its export capacity, the impact on employment, the competitiveness of the chain of value automotive-supply, national added value generation, the establishment of new technologies and the scale of production, among other aspects deemed relevant to do so. For them platforms exclusive not new, them companies referred in the first paragraph may present a request of accession insofar as them same involve a redesign significant of them goods involved, for which is considered also the volume of investment required, its impact in the employment and must involve in all them cases the increase of the participation of auto parts national , among others criteria that define the Authority's application to them effects of the granting of them benefits that sets it present. Both for them platforms exclusive new as not new and auto parts, is may present the application of accession for those that have started his production during them three hundred sixty and five (365) days previous to the approval of the present law.
((((ARTICLE 8 °-them companies producers of them goods included in them subsections g), h) e i) of the article 4 ° of the present law must present, for its approval from the authority of application, a request of accession corresponding to the production of: to) new auto parts; (b) auto parts existing to the moment of the registration to the regime that involved an expansion of the capacity of production. For them enlargements, for it approval, is will have in consideration the incidence of the incentive on it decision of investment, its capacity exporting, the impact on the competitiveness of https://www.boletinoficial.gob.ar/pdf/linkQR/SVJQbWU3WXluaTFycmZ0RFhoUThyQT09 it company, the employment, it generation of value added national, its impact in it chain of value, it filing of new technologies and it scale of production.
ARTICLE 9 ° - companies must submit application for membership to the regime, the detail of local suppliers, locally produced parts that will be provided by each of them and the expected volumes of purchase (in physical units and value) during the term of the project. The commercial relationship between the beneficiary company and its suppliers must be established through reliable document that establishes guidelines of predictability with respect to minimum purchase volumes referred to in the application for the benefit, among other things, allowing the enforcement authority dictate complementary and explanatory rules deemed relevant for that purpose.
ARTICLE 10. (-The beneficiaries of this scheme, in addition to the requirements that has enforcement authority, must complete the following conditions: to) present affidavit as the number of workers per month average in dependency ratios, duly registered, according to special book provided for in article 52 of the law of contract of work 20.744, t.o. 1976 and its amendments, of the period between July 2015 and June 2016 including; (b) present a statement sworn in them same terms in the month of December of each year, assuming, in all them cases, the commitment by written and with participation of the Association Union signatory of the Convention collective of work existing, of not reduce the amount of personal taking as base of reference the amount of workers average monthly that arises of it established in the subsection previous or apply suspensions without assets. Exceptions to the first subparagraph of this paragraph shall be assessed and authorised by a Commission composed of one (1) representative of the implementing authority, one (1) representative of the Ministry of labour, employment and Social Security, one (1) representative of the Chambers of Commerce of the sector and one (1) representative of the trade union organizations with trade union status. Failure to comply with this commitment will entitle the enforcement authority to refuse applications, suspend the granted benefit and/or terminate it. All this, without prejudice to other penalties which may be applicable; (c) in the case of new businesses will be the enforcement authority who required minimal staff set so that you can access to this scheme.
ARTICLE 11. (-The content national (CN) for each goods reached by article 4 of this law, may not be less than that then is indicated in each case: interjections to), b), e), f), h) e i): contents (CMN) national minimum of thirty per cent (30%). ((Subparagraph c) and d): content minimum national (CMN) of the twenty-five percent (25%). Subsection g) content minimum Nacional (CMN) ten per cent (10%) during the first three (3) years from the granting of the benefit, and the twenty per cent (20%) from that period. In this last case the authority of application may establish exceptions to the CMN as correspond to technologies with motorization not existing to the date of approval of the present law. The benefit is must apply according to the percentages established in the article 13 using as home them values of the CMN defined in the exception. In the case of projects involving new technologies of motorization (hybrid, electric, hydrogen, etc.), the enforcement authority may establish exceptions to the CMN. When the CMN is lower than the established, companies producing such goods may request placement to the regime without perceiving the benefit referred to in article 4 of the present https://www.boletinoficial.gob.ar/pdf/linkQR/SVJQbWU3WXluaTFycmZ0RFhoUThyQT09 law, and must complete this requirement in a period of less than three (3) years in order to access them. However, may access to them benefits associated to it acquisition of tool according to it established by the article 6 ° and the article 17 of the present law, constituting them guarantees corresponding by an amount equivalent to them benefits accrued, until both is finds the compliance of the CMN referred in the paragraph previous. In case of not reach the CMN in the term of three (3) years, the authority of application run them guarantees mentioned in the paragraph above, without prejudice of other sanctions that may correspond.
ARTICLE 12. (-The national content (CN) of the goods included in article 4 shall be calculated as set out in the following paragraphs: to) the calculation formula used will be that specified below: the value of acquired national auto parts will be the former value factory auto parts, net of tax value-added (VAT), financial, and discounts and bonus expenses arising out of the respective billing receipts authorized by the Federal Administration of public revenues (AFIP). The value of national auto parts produced in-House will be the value arising from the industrial cost, in accordance with the criteria determined by the Authority's application for its calculation. (((((((b) the beneficiaries of the producers of the goods corresponding to subparagraphs to), b), c), d), e) and f) proving convincingly the development of independent local suppliers and its internationalization, demonstrating that products of national origin, providing these are marketed in significant volumes to third countries, each production platform, they may request an increase of up to five percentage points (5 p.p.) on the CN arising out of the foregoing paragraph , starting from the NSC established. The authority of application must approve such request and shall regulate them reaches and the scales corresponding depending on the ratio between them sales to the market internal of the provider corresponding and them made to third countries. ((Also the producers of the goods corresponding to subparagraphs g), h) e i) item 4 °, may request the same benefit established in the previous paragraph when the cited goods marketed in significant volumes to third countries and form part of a process of internationalization of autoparts companies. The authority of application must approve such request and shall regulate them reaches and the scales corresponding depending on the ratio between them sales to the market internal and them made to third countries.
ARTICLE 13. -The benefit established in article 4 of this law is the obtaining of an electronic bono's tax credit, which can be assigned to third parties for the payment of national taxes, by an amount equal to a percentage of the former factory of the national auto parts to which refers article 4 °, net value added (VAT) tax , expenses and financial, discounts and bonuses. That percentage will be between four per cent (4%) and fifteen percent (15%), depending on the national content of the goods referred to in article 4, according to the following table: https://www.boletinoficial.gob.ar/pdf/linkQR/SVJQbWU3WXluaTFycmZ0RFhoUThyQT09 * only during the first three (3) years from the regulation of the present regime according to article 11. In the case of the benefit on the goods referred to in article 6 the established percentage will be eight per cent (8%), applicable only to the former value factory of the same, net value added (VAT) tax, financial expenses, discounts and bonuses.
ARTICLE 14. -Without prejudice to provisions of article 13 the purchase of forged or cast ferrous or non-ferrous, parts both for its incorporation to the vehicle such as the production in auto parts house, will receive an additional benefit of seven per cent (7%), provided that they meet the condition of national product laid down in subparagraphs b.1 and b.2 of article 16 , applicable on the value ex factory of such goods, net of the tax to the value added (IVA), expenses financial, discounts and bonuses.
ARTICLE 15. -Them benefits designated previously will arise of them respective proofs of billing authorized by it administration Federal of income public (AFIP) and will have validity from the date of home of the program of production approved by the authority of application. In the case of the production in house subject to the benefit, are accrued on the value cost industrial, of way coincidental with the referred in the article 12. The enforcement authority may authorize that the benefit for tooling, defined in article 6 ° https://www.boletinoficial.gob.ar/pdf/linkQR/SVJQbWU3WXluaTFycmZ0RFhoUThyQT09 begins to compute for invoices of purchases made from the day 1 ° of January 2016 with an advance not exceeding twenty-four (24) months before the start date of the approved production program. The enforcement authority will define in each case the need to establish guarantees for this benefit.
ARTICLE 16. (-For the purposes of the granting of them benefits provided in the title I of the present law, will be considered auto parts, tool, matrices and moulds national: to) them systems, joint and subsets that have a content national (CN) not lower to the thirty percent (30%), calculated according to the formula prepared in the article 12. The enforcement authority will have the power to reduce exceptionally that percentage up to ten per cent (10%) in those cases that involve the filing in the country of non-existent products in original equipment quality, or by their technological characteristics and supply requiring a rule different from the one established in article 13. (Such reduction may grant is by a term maximum of five (5) years within the term of validity of the present law and, in any case them systems of auto parts, joint and subsets involved may have a content national expanded (CNA) lower to the thirty percent (30%), calculated according to the following formula: b) them parts and parts, when: b.1. In its elaboration is used only and exclusively materials raw or inputs national; b.2. in its development are used, in any proportion, raw materials or imported inputs, provided that these are undergoing processes of production, manufacturing or industrial development involving a transformation that gives them a new individuality, characterized by the fact of being classified in a tariff heading - first four (4) digits of the nomenclature common Mercosur (NCM) - Unlike the aforementioned raw materials or inputs; Alternatively, b.3. In its preparation are used, in any proportion, raw materials or imported inputs and the requirement laid down in the preceding paragraph can not be fulfilled, whenever the national content (CN) is not less than thirty percent (30%), calculated according to the formula provided for in article 12. (c) them parts, parts, systems, joint and subsets that are produced in the province of Earth of the fire, Antarctica and Islands of the Atlantic South and meet with them requirements established in the Law 19.640, their amended and complementary; (d) the tools referred to in article 6 °, built in the country for the manufacture of parts and components of the final goods object of the project, will be considered of any national origin outside the origin of their constituent material.
ARTICLE 17. -The goods referred to in article 6, when they are of imported origin and associated with production programs approved by the enforcement authority, will be taxed a right of import of extra-zone (D.I.E.) equivalent to zero percent (0%) insofar as the sum of its value not more than a fifty percent (50%) of the goods of national origin acquired locally or produced in-house regardless of the end user of them. For this purpose, the companies beneficiary can compute as acquisitions local those operations whose date of invoice and corresponding record accounting are subsequent to the 1 ° of January of 2016. When the value of them imports exceed the percentage designated in the paragraph previous, also may enjoy of the benefit established, must complete the corresponding provisioning https://www.boletinoficial.gob.ar/pdf/linkQR/SVJQbWU3WXluaTFycmZ0RFhoUThyQT09 local in a term lower to them eighteen (18) months, numbered starting from the date of entry of the merchandise in custom. During this period, they shall constitute guarantees by the amount of the benefit that is.
ARTICLE 18. -The beneficiaries of this law may request way advance up to fifteen percent (15%) of the full benefit expected during the first five (5) years, of the production program approved, and must be, solely and exclusively for supplier development. Providers will be required to apply the resources transferred by the beneficiaries solely to tooling, investment in capital goods and facilities for expansion of production capacity, among other technological actions enabling it to adapt it to the needs of provision. Above, the technical advice and intangible assets are expressly excluded from what was said. The above resources shall be transferred by the beneficiaries to the auto parts without cost and its recovery by the beneficiary will be pari passu to return wiil of the national State. This return will be sick of every application for benefit on the purchase of auto parts a percentage equal to the percentage of the profit you have requested in advance way. The tooling owned by the beneficiaries, transferred on loan to the auto parts, also may be considered as an integral part of the advance payment of the total benefit provided for in this article. The applicant firm must be guarantees for the whole of the advance. Them programs of development of suppliers framed in the present article, as well as the application and cancellation of them benefits involved, must count with the approval express of the authority of application, who will evaluate the relevance of implement the advancement mentioned in the first paragraph, considering them alternative of financing that could exist.
ARTICLE 19. -Electronic tax credit bonds issued within the framework of this law may be applied to the payment of the totality of the amounts payable in respect of income tax, tax on minimum presumed income, tax value-added (VAT) and internal taxes, in character of balance of affidavit and advances, as well as may also be applied , in the case of imports, to the payment account of the internal revenue, earnings and value-added (VAT), its retention and perceptions, whose collection is in charge of the Federal Administration of public income (AFIP), autonomous entity acting in the field of the Ministry of finance and public finance. Electronic tax credit bonus cannot be used to cancel debts prior to the effective incorporation of the beneficiary to the regime of this Act or for the cancellation of tax obligations of surrogate or solidary liability of taxpayers by debts of third parties, or his performance as agent retention or perception. In any case, any balances in your favor will make place to refunds or returns the national State.
ARTICLE 20. -When it has requested the benefit with respect to a car and it is used at the same time in the manufacture of another good likely to benefit, for the purposes of the calculation of the amount of the second benefit, the value of the car you must remove. However that said, is it will take into account when weighing the demands of integration.
ARTICLE 21. -Is set at ten (10) years from the date in which the regulation of the established regime, handed down the term so that interested companies can request their incorporation to the same, and may receive benefits by the time that your project.
https://www.boletinoficial.gob.ar/pdf/linkQR/SVJQbWU3WXluaTFycmZ0RFhoUThyQT09 however, requests that occur subsequent to the first five (5) years, in no event will have access to the benefits provided under this Act by an additional period to two (2) years, complied with the deadline in the previous paragraph.
TITLE II regime penalties ARTICLE 22. (-Non-compliance with the provisions of this Act will result in the following sanctions, without prejudice that may be applicable by criminal legislation: a) Suspension in the enjoyment of the benefit for a period of two (2) months to one (1) year; (b) fines, the amount of which shall not exceed fifty percent (50%) of the total amount received; (c) revocation of the granted benefit; (d) payment of taxes not admitted, with more interests and accessories; (e) return of the electronic bond tax credit, if you have not applied; (f) ineligibility to receive the benefits of the regime.
ARTICLE 23. -It will be considered a slight lack, the delay in the submission of the required information or its omission, in so far as this had not motivated disbursements by the national State.
ARTICLE 24. (- Will be considered serious misconduct: a) the omission of presentation of the required information in so far as this had motivated expenditure by the national State; (b) the falsehood the Declaration of content, to the extent that implies that a company benefits unduly from any of the benefits of the regime.
ARTICLE 25. (- A slight absence, the enforcement authority may apply, prior intimation to the fulfillment of the duty in question and the corresponding Disclaimer, the penalties provided for in subparagraphs a) and b) of article 22 of this law. Such a penalty may be either joint or alternative, and can the amount of the fine provided for in subparagraph (b)), article 20 of this law exceed twenty percent (20%) of the total amount received by the beneficiary in the immediately preceding calendar year. The graduation of them same is held according to the amount of the benefit and to the background in the compliance of the regime of the company in question,
ARTICLE 26. (((((-Before a lack serious, determined prior instruction of a summary that respects the due right of Defense of the part in question, the authority of application may apply, of form joint or alternative, them sanctions planned in them subsections b), c), d), e) and f) of the article 22 of the present law. The graduation of them same is held according to the amount of the benefit and to the background in the compliance of the regime of the company in question.
ARTICLE 27. -The enforcement authority shall issue the administrative procedure that governed the instruction of the summary referred to in this title.
https://www.boletinoficial.gob.ar/pdf/linkQR/SVJQbWU3WXluaTFycmZ0RFhoUThyQT09 TITLE III provisions ARTICLE 28 end. -Is designated as the authority for application of this Act to the Ministry of industry and services, agency of the Ministry of production, with powers to issue regulations, explanatory and supplementary rules.
ARTICLE 29. -The cost caused by the activities of verification and controller of the operation of the regime established by this law will be in charge of the respective beneficiaries, by payment of compensation equivalent to the amount arising from applying a percentage on the amount of the agreed benefits. Empower the enforcement authority to set the percentage referred to in the preceding paragraph, as well as determine the procedure for payment. Them funds that is raised by the payment of them remuneration established in the present article must be affected, exclusively, to them tasks indicated in the first paragraph of the same, the execution of them tasks to is refers the first paragraph of the present article not without prejudice to the exercise of them powers that you are own to it administration Federal of income public (AFIP) , entity autarkic acting in the scope of the Ministry of Hacienda and finance public.
ARTICLE 30. -Establishing the Consultative Council of the present regime with features which are detailed below: the Council shall consist of two (2) representatives, one institutional and other technical, of the Ministry of production, the Ministry of finance and public finance, of the Ministry of labour, employment and Social Security, of the Chambers of Commerce of the sector and the trade unions with legal personality. One (1) representative or institutional authority and one (1) technical representative of the provinces in whose territory it is established at least one (1) industrial establishment of Terminal companies will also integrate it. The Presidency of the Consultative Council shall be exercised by the representative of the Ministry of production.
ARTICLE 31. -The Advisory Council shall have the functions and powers established the enforcement authority in the regulation which in effect rendered, which shall include, inter alia, the following: analysis and monitoring of the programs of production involved in applications for accession to the regime, treatment of specific situations that may arise in this context, evolution of the regime in terms of productive impact technological, economical, both in the short and in the medium and long term. The Council shall meet, at least once per quarter.
ARTICLE 32. -Is empowers to the headquarters of Cabinet of Ministers to reassign them credits budget needed in order give compliance to it established in the present law, during the first year of validity. From the second year of entry into force of the present regime, the total tax quota for the promotional to be assigned benefits will be fixed annually in the respective budget of the National Administration Act; which shall include, if applicable, the fiscal quota balances associated with pending completion, according to the schedule agreed between the beneficiaries and the authority of application development.
https://www.boletinoficial.gob.ar/pdf/linkQR/SVJQbWU3WXluaTFycmZ0RFhoUThyQT09 0 ITEM 33. (-Companies that have production programmes approved within the framework of the Law 26.393, enacted on 4 July 2008, regardless of the effective recovery of the benefits that this set, may request the incorporation to this law, and must for this purpose: to) give up on formal and definitive nature of the perception of the benefits established by law 26.393; (b) prove that the beginning of the production of approved programmes was during the two (2) years prior to the adoption of this law.
ARTICLE 34. -Invite to the provinces, the autonomous city of Buenos Aires and the municipalities to adhere to the present regime of promotion through the extension of electronic bonds for tax credit, which may be transferred to third parties, for the payment of imposed provincial and/or municipal taxes.
ARTICLE 35. -This Act shall enter into force the day following its publication in the Official Gazette.
ARTICLE 36. -Communicate is to the power Executive national.
GIVEN IN THE CHAMBER OF THE CONGRESO ARGENTINO, BUENOS AIRES, THIRTEEN DAYS OF THE MONTH OF JULY OF THE YEAR TWO THOUSAND SIXTEEN.
-REGISTERED UNDER NO. 27263 - MARTA G. MICHETTI. -PATRICIA GIMENEZ. -Eugenio Inchausti. -John p. Tunessi.
Publication date: 08-01-2016 https://www.boletinoficial.gob.ar/pdf/linkQR/SVJQbWU3WXluaTFycmZ0RFhoUThyQT09 1