SCHEME FOR THE PROMOTION OF THE KNOWLEDGE ECONOMY
Law No 27.506. Amendment.
The Senate and Chamber of Deputies of the Argentine Nation, meeting in Congress, etc.
Article 1-Substitute Article 2 (e) of Law 27.506, as follows:
(e) Professional services only to the extent that they are of export and which fall within the following:
I) Legal services, general accounting, management consulting, management services and public relations services, auditing, regulatory compliance, tax and legal advice;
II) Services in translation and interpretation, human resource management (search, selection and placement of personnel);
III) Services in advertising, creation and implementation of advertising campaigns (content creation, institutional communication, strategy, graphic/web design, advertising dissemination);
IV) Design: user experience design, product design, user interface, web design, industrial design, textile design, clothing and footwear, graphic design, editorial design, interactive design;
(v) architectural and engineering services: architecture advice (design and design of projects and plans and schemes, urban planning), design of industrial machinery and plants, engineering, project management and technical activities in engineering projects.
Article 2 °-Substitute Article 4 ° of Law 27.506, by the following:
Article 4 °: Subjects reached. Requirements for registration and revalidation.
I-Subjects reached. The benefits of this Scheme of Promotion of the Economy of Knowledge may be accessed by legal persons incorporated in the Republic of Argentina or entitled to act within their territory, who are in normal course of compliance with their tax, labor, union and pre-visions obligations duly accredited with the certificate of free debt of the respective entity, and develop in the country for its own account and as the main activity of the activity/is mentioned in article 2 ° of this law.
II-Registration requirements. For the purposes of their registration, they shall, in the forms and conditions laid down by the implementing authority:
In respect of the activity/s promoted/s:
(a) 70% (70%) of its total turnover in the last year is generated from the activities promoted;
(b) For cases where the legal person does not count
with billing in the activity/s promoted, you may request your registration in the Register by showing the development of these activities in an intensive way to incorporate knowledge derived from scientific advances and technological products, services or production processes, in order to add value and innovation, in the terms and scope that the regulation establishes together with the documentation and/or requirements that are requested for those purposes.
Undertakings which carry out the activities described in points (a) and (e) of Article 2 of this Law shall prove that the activity is being carried out in accordance with the provisions laid down in point (a) of this Article. where they may carry out any of the other activities referred to in that Article.
In addition, the companies interested in registering in the Register will have to gather at least two (2) of the following requirements detailed below, regarding the activity/s promoted/s:
1. To credit the performance of continuous improvements in the quality of its services, products and/or processes, or through a recognized quality standard applicable to its services, products and/or processes.
2. To credit the realisation of investments in activities of:
2. Training of their employees and/or recipients in general, in topics related to the knowledge economy in a percentage of their last year's wage bill of at least one percent (1%) for micro enterprises, two by (2%) for small and medium-sized enterprises, in the terms of Article 2 (2) of Law 24467 and its amending and supplementary rules, and 5% (5%) for large enterprises. Investments in training for the unemployed under 25 (25) years and over 40 years and over five (45) years of age, women who have access to formal employment for the first time and/or other vulnerable groups determined by the implementing authority. In all cases these investments in training must be carried out with institutions of the education system; or
2.b Research and development (including novelty, originality and/or creativity) in a percentage of its total turnover in the last year of at least one per cent (1%) for micro enterprises and two per cent (2%) for small and medium-sized enterprises. In the case of large enterprises, the medium-sized enterprises, in the terms of Article 2 (2) of Law 24467 and its amending and supplementary rules and three per cent (3%) for large enterprises.
For undertakings which carry out the activity described in Article 2 (e) of this Law, the percentages indicated for large undertakings shall be applicable.
3. To credit the performance of exports of goods and/or services that arise from the development of some of the activities promoted and/or the development and intensive application of the same, in a percentage regarding their total turnover of the last one year of at least four percent (4%) for Micro Enterprises and ten percent (10%) for Small and Medium-sized Enterprises, in the terms of Article 2 of Law 24.467 and its amending and supplementary rules and thirteen percent (13%) for the large companies.
Undertakings which carry out the activity described in Article 2 (e) of this Law shall complete the requirements laid down in points (1) and (2) above.
III-Revalidation. The companies registered in the National Register of Beneficiaries of the Promotion of the Knowledge Economy Scheme, for the purpose of maintaining their status as registered, must accredit every two (2) years from their registration in the Mentioned Register, which:
-They are in normal course of compliance with their tax, labor, union and pre-vision obligations;
-That they maintain and/or increase their payroll of staff in respect of the one declared at the time of the filing of their application for registration according to the criteria established by the implementing authority. This requirement may be audited annually;
-that they continue to meet the requirements regarding the activities promoted;
-that the additional requirements accredited at the time of registration have been increased by a percentage that will establish the implementing authority according to the size of the company and the type of activity promoted.
Failure to comply with any of these commitments shall result in the application of the provisions of Article 15 of this Law.
They shall be complied with in accordance with the forms and conditions laid down by the implementing authority.
The implementing authority may consult specialised bodies of the national or provincial system of innovation, science and technology-in a non-binding manner-for advice in order to assess the framework at the time of the application. registration, determination of the proportionality of the benefit and to analyse the incremental requirements set out in the biennial revalidation of those companies applying for registration under the procedure described in point II. (b) of this Article.
Article 3-Substitute Article 5 of Law 27.506, by the following:
Article 5 °: Self-development activity shall be excluded from the scheme provided for in this law for the purposes of being computed within the percentage of invoicing required to constitute the activity described in Article 2 (a) of this law. For the purposes of this law, self-development is understood by a legal person for his or her own use or for companies linked to society and/or economically, and in all cases review the character of end user.
Article 4 °-Substitute Article 6 of Law 27.506, by the following:
Article 6: 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 start of activities, to access the scheme, they must only prove that they develop the country, on its own account and as a principal activity, any of the activities referred to in Article 2 of this Law.
After four (4) years of the registration of the National Register of beneficiaries of the Promotion of the Knowledge Economy System or, on the occasion of no longer being framed as a micro-enterprise, whichever occurs first, they must give compliance with the provisions of Article 4 of this Law.
The foregoing shall not be applicable in respect of those undertakings which carry out the activity described in Article 2 (e) of this Law as a promoted activity.
Article 5-Substitute Article 7 of Law 27.506, by the following:
Article 7 °: Stability of benefits. The subjects reached by the System of Promotion of the Economy of Knowledge will enjoy the stability of the benefits that the same establishes, with respect to their activity/is promoted/s, from the date of their registration in the Registry National of beneficiaries of the Promotion of the Economy of Knowledge Regime, and for the term of its validity, provided that they comply with the verifications of the requirements that the said regime provides (performance of audits, annual controls and Biennial revalidation referred to in the last paragraph of Article 4 °, among other commitments).
Article 6-Substitute Article 8 of Law 27.506, by the following:
Article 8 °: The beneficiaries of this law may convert to a tax credit bonus not transferable up to 70% (70%) of the employer's contributions which they have actually paid to the systems and sub-systems of the Social Security, in respect of duly registered employees affected by the activity/is defined in Article 2.
Such bonds may be used for the term of twenty-four (24) months from their issuance for the cancellation of national taxes, in particular the value added tax and other national taxes and their advances, in case of proceeding, excluding the income tax. This period may be extended by twelve (12) months for reasons justified as laid down by the implementing authority.
The tax credit bonus may not be used to cancel debts prior to the actual incorporation of the beneficiary into the present law and, in no case will any balances in your favor result in reintegration or refunds by the National State.
Without prejudice to the foregoing, only those beneficiaries who credit exports from their activity/is promoted may choose that the benefit set out in the first paragraph is used for the cancellation of tax on earnings in a percentage not greater than the percentage of exports reported during registration.
In no case will the tax credit bond exceed, either individually or jointly, seventy percent (70%) of the employer contributions that would have been paid by the staff affected to the activity/s.
For all cases, the benefit applied to employers ' contributions will have a limit of up to the equivalent of seven (7) times the number of employees determined for the second tranche of the medium-sized enterprises in the service sector. the terms of Article 2 (2) of Law 24467 and its amendments. Exceeding the maximum number of staff referred to in the preceding paragraph, the allowance provided for above shall be further computable with respect to new, duly registered employment additions, in so far as they are incorporation means an increase in the total payroll of employees declared at the time of registration in the National Register of Beneficiaries of the Promotion of the Economy of Knowledge Regime and provided that they are affected to the performance of the activity/is promoted/s. The implementing authority may set parameters within the scope of the new additions.
The tax credit bond set forth in this article and in the following shall not be computable for its beneficiaries for the determination of the net profit on the income tax.
The implementing authority and the Federal Administration of Public Revenue (AFIP), an autarchic entity within the Ministry of Economy, within the framework of their respective competences, shall regulate the forms and conditions of issuance, registration and use of the tax credit bonus.
For the purposes of granting the tax credit bonds, a tax quota shall be fixed, which shall be distributed on the basis of the criteria and conditions which the implementing authority establishes.
For the purposes of establishing such a tax quota, the tax quota must include the amount of the benefits relating to the beneficiaries incorporated into the scheme and which are necessary for the continuation of the promotion, and must be fixed by means of the Budget Law. General for the National Administration, on the basis of the proposal that in this respect I elaborated the implementing authority together with the Ministry of Economy.
Article 7 °-Substitute Article 9 ° of Law 27.506, by the following:
Article 9 °: Additional incentives. The amount of the benefit provided for in the preceding article shall be 80% (80%) of the employer's contributions which have actually been paid, to the social security systems and subsystems in the case of new duly registered employment additions, of:
(b) transvestite, transsexual and transgender persons, whether or not they have rectified their registration data, in accordance with the provisions of Law 26,743;
(c) Professionals with postgraduate studies in engineering, exact or natural sciences;
(d) Persons with disabilities;
(e) Persons resident in "unfavourable areas and/or provinces of minor relative development";
(f) Persons who, prior to their recruitment, have been beneficiaries of social plans, among other interest groups to be incorporated at the discretion of the implementing authority, provided that the number of staff in relation to the Timely dependency.
The implementing authority shall also establish the definitions and clarifications it considers relevant for the purposes of operating the franchise.
Article 8 °-Substitute Article 10 of Law 27.506, by the following:
Article 10: Income tax. The beneficiaries of this law will have a reduction of a percentage of the total amount of the tax on the profits corresponding to the activity/s promoted, determined in each exercise, according to the following scheme: sixty (60%) for micro and small enterprises, 40% (40%) for medium-sized enterprises and 20% (20%) for large enterprises. This benefit will be applicable to both Argentine and foreign source earnings on the terms established by the implementing authority.
This benefit shall apply for tax years which are initiated after the date of registration of the beneficiary in the said register.
Article 9 °-Substitute Article 11 of Law 27.506, by the following:
Article 11: Retentions and Perceptions. The beneficiaries of this scheme who carry out export operations in respect of the activity/s promoted, shall not be subject to withholding taxes and perceptions of the value added tax.
In the forms and conditions established by the regulations, the Federal Administration of Public Revenue shall issue the respective constancy of the benefit provided for in the preceding paragraph.
In addition, the tax agency may issue the aforementioned constancy to other beneficiaries, which, due to the particular characteristics of its activities, will have the approval by the Ministry of Productive Development and the Ministry of Economy.
Article 10.-Substitute Article 12 of Law 27.506, as follows:
Article 12: The beneficiaries of this scheme may consider as deductible expenditure for the purposes of determining the income tax, the amount equivalent to the equivalent charges actually paid or retained abroad, with the reason for the income obtained in consideration of the activities included in Article 2 of this Law, in so far as such income was considered to be a profit of Argentine source, in the terms of the Law of the Tax on the Earnings, t.o. 2019 and its Modifiers.
Article 11.-Substitute Article 14 of Law 27.506, as follows:
Article 14: Submission of information. The Federal Administration of Public Revenue, an autarchic entity within the Ministry of Economy, will provide the implementing authority with the information it requires for the purpose 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 12.-Substitute Article 15 of Law 27.506, as follows:
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 the duration of the non-compliance. This suspension may not be less than three (3) months and not greater than one (1) year. The tax credit bonus for the cancellation of national taxes may not be used during the suspension;
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, in accordance with the seriousness of the non-compliance;
(d) Payment of non-paid taxes, plus their interest and accessories;
(e) Return to the implementing authority of the tax credit voucher if it has not been applied;
(f) Disqualification to register again in the register of beneficiaries;
(g) Imposition of fines for an amount that may not exceed one hundred percent (100%) of the benefit granted or taken advantage of in breach of the applicable regulations.
For the assessment and assessment of the penalties, the implementing authority shall take into account the seriousness of the infringement, the tax damage and the company's history of compliance with the scheme.
Article 13.-Incorporate as Article 15a of Law 27.506, the following text:
Article 15a: Decay of full benefits. In the event of occurrence of any of the following situations, the full entitlement of benefits will occur, namely:
(a) Reduction of the registered staff member concerned to the activity/is promoted/s listed in Article 2 of this law at the time of registration to the Register set up in Article 3, for a period exceeding sixty (60) days (a) the termination of the link or the suspension which has caused such a quantitative alteration;
(b) Detection of workers not registered under the terms of Article 7 of Law 24,013;
c) Incorporation in the Public Registry of Employers with Labor Penalties (REPSAL);
d) Verification of the use of fraudulent practices for obtaining and/or using profit.
Article 14.-Substitute Article 16 of Law 27.506, as follows:
Article 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 its modification, will remain in effect until their exhaustion.
Article 15.-Substitute Article 17 of Law 27.506, by the following text:
Article 17: Deadline for accrediting 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.
After the formalities established for this purpose are completed, the interested parties will be incorporated in the National Register of Beneficiaries of the Promotion of the Economy of Knowledge Regime, being considered as the date of registration on 1 January 2020. To this end, they must be in a normal course of compliance with their obligations regarding the Software Industry Regime.
To this end, it is understood that a company benefiting from that law 25,922 is in a normal course of compliance with its promotional obligations in respect of the Software Industry Regime, when it is reflected in the results of the the annual audit reports referred to in Article 24 of that law, or the observations made therein are subject to the same conditions as the implementing authority determines.
Article 16.-Substitute Article 18 of Law 27.506, as follows:
I. Create the Trust Fund for the Promotion of the Economy of Knowledge, hereinafter FONPEC, which will be formed as a management and financial trust with the scope and limitations set forth in this Law and its regulations. The rules of the Civil and Commercial Code of the Nation will apply.
II. Object. The FONPEC and the trusts that will be established in the framework of the fund will be designed to finance training and training activities to strengthen the activities promoted in this law, to support productive investments, to finance capital of to promote the development of environmentally sustainable enterprises, to promote the international commercial insertion of the enterprises, the activities of productive innovation and new enterprises that are framed in the activities promoted by the Article 2 of this Law.
The fund will have as object the financing of the above mentioned activities, being the recipients of these the micro, small and medium enterprises and new enterprises in the framework of the sectors and activities promoted in the present promotion scheme. The implementing authority shall establish the ways and conditions of access to the financing tools to be granted under the FONPEC.
III. Resources of the FONPEC.
1. The FONPEC shall have a patrimony constituted by the fideicomítítas, which in no case constitute, nor shall be considered as budgetary resources, taxes or any other nature that put at risk the fulfillment of the purpose to which they are affected, or the way or opportunity in which it is carried out. These goods are:
(a) Amounts of the beneficiaries of the scheme set up by this Act for an equivalent amount of up to 4% (4%) of the total amount of the benefits received;
b) The resources that are allocated annually through the corresponding laws of the General Budget of the National Administration or other laws that sanction the Honorable Congress of the Nation;
c) Income from legacies or donations;
(d) Funds provided by national, provincial, regional, Buenos Aires, international or non-governmental organizations;
(e) the funds which may be generated or recovered as a result of the implementation of the programmes and the implementation of the objectives of the Fund;
(f) the income and fruits of these assets;
(g) the funds arising from the public offering of marketable securities issued by the fund through the capital market;
(h) Funds from public or private enterprises, national or foreign, that decide to support the development of the knowledge economy industry;
(i) the revenue from penalties provided for in the event of non-compliance with this law;
(j) Resources arising from unused balances or remaining from extra-budgetary funds established by the implementing authority, as long as the tasks to which they are affected are fully met.
2. Funds integrated into the FONPEC shall be deposited in a special account of the trustee who shall act as the financial agent of the trust. With the resources of the FONPEC and as an integral part of it, the implementing authority may create different affectation assets to achieve better investment, allocation and administration of the funds available.
IV. Trust contract. Subscription. Subjects.
The trust agreement of the Trust Fund for the Promotion of the Economy of Knowledge shall be signed between the Ministry of Productive Development, or whoever is appointed, as a trustee, and the public entity, public banking entity or a company controlled by any of the companies designated by the implementing authority as a trustee.
V. Steering Committee.
1. The fund management will be in charge of a steering committee, which will have the competence to carry out the analysis and define the eligibility of the entities to which financing or contributions will be provided, the fixing of the Tools funded from the FONPEC. For such purposes, it shall comply with the distribution criteria laid down by the implementing authority.
2. The functions and powers of the committee shall be defined in the regulations.
3. The committee shall be composed of representatives of the jurisdictions with competence in the matter, in accordance with the forms and conditions laid down by the regulations. The President of the Commission shall be responsible for the implementation of this promotion scheme.
The FONPEC will have the same duration as the Knowledge Economy Promotion Regime. However, the trustee shall retain sufficient resources to meet the outstanding commitments, whether real or contingent, which has taken up the fund up to the date of termination of those obligations.
VII. Tax exemptions.
Exempt the FONPEC and its trustee, in its operations directly related to the FONPEC, from all existing national taxes, fees and contributions and to be created in the future, including the value added tax and the tax on credits and debits in bank accounts and other operating fees. Exemption from the latter tax shall apply to the movements of accounts used exclusively for the purposes of their creation.
Article 17.-Substitute Article 19 of Law 27.506, as follows:
Article 19: Application Authority. The implementing authority of the Knowledge Economy Promotion Regime shall be the Ministry of Productive Development, which may dictate the clarifying and complementary rules necessary for the proper functioning of the itself.
Article 18.-Amend Article 20 of Law 27.506, as follows:
Article 20: The Knowledge Economy Promotion Regime will be effective from 1 January 2020 for the adherent companies coming under Law 25,922 and from the publication of the present law for the new companies. The duration of the same shall be until 31 December 2029.
Article 19.-Substitute Article 22 of Law 27.506, as follows:
Article 22: Invite the provinces, the Autonomous City of Buenos Aires, and the municipalities to adhere to the present regime by issuing promotion rules similar to those established in this law.
Article 20.-Incorporate as Chapter VII of Law 27.506, "Transitional Clauses", containing the transitional clauses 1st, 2nd, 3rd, 4th and 5th, which shall be worded as follows:
Transitional clause 1. Establish that the Ministry of Productive Development will be the implementing authority of the Law of Promotion of the Industry of the Software, 25,922, in the remaining and transitory questions.
Transitional clause 2. If, on the occasion of the annual audit report provided for in Article 17, there are adjustments to the amount of the benefit received under Law 25,922, the amounts may be counted on the profits which are the subject of applications under the scheme set up by this law, in the terms and conditions laid down by the implementing authority, without prejudice to the application of other sanctioning measures which may be applicable.
Notwithstanding the foregoing, the adjustments to be recorded under Law 25,922 shall not, under any circumstances, result in an increase in the benefit applied for under this scheme, nor shall it be recognised as a non-profit. received timely.
Third transitional clause. The Chief of Cabinet of Ministers shall be empowered to approve the Flow and Use of Funds for each of the budgetary exercises to the Trust Fund for the Promotion of the Knowledge Economy (FONPEC).
Transitional clause 4. During the period of validity of the public health emergency established by the decree of necessity and urgency 260/2020 and the preventive and mandatory social isolation provided by decree 297/2020 and its successive extensions shall not be required at the time of the registration of the National Register of Beneficiaries of the Knowledge Economy Promotion Scheme, the accreditation of compliance with the additional requirements provided for in the Article 4 ° of the present. Such accreditation may be deferred, at the request of the person concerned, for a maximum period of one hundred and eighty (180) days after the said exceptional circumstance, as established by the implementing authority, within thirty (30) days The following business Companies that will opt for the option previously scheduled will have to credit when applying for this alternative, that their staff payroll has been increased with respect to the payroll with which it counted at December 31, 2019.
Non-compliance with the deferred accreditation in the forms, deadlines and conditions that the application authority establishes, will result in the revocation of the registration in the register and the consequent return of the promotional benefits usufrutcated under the amparo of the same.
Transitional clause 5. Let it be established that, in the light of the public health emergency laid down by the decree of necessity and urgency 260/2020 and the social, preventive and compulsory isolation provided by decree 297/2020 and its successive extensions, the proportional increase provided for in the first biennial revalidation referred to in Article 4 (II) shall not be required.
Article 21.-Commune to the national executive branch.
GIVEN IN THE SESSION HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, ON OCTOBER 7 OF THE YEAR TWO THOUSAND TWENTY.
REGISTERED UNDER N ° 27570
CLAUDIA LEDESMA ABDALLAH DE ZAMORA-SERGIO MASSA-Marcelo Jorge Fuentes-Eduardo Cergnul
ê 26/10/2020 N ° 49969/20 v. 26/10/2020