Established Regime For The Determination Of The Tax To The Income Of The Small Contributors Os

Original Language Title: ESTABLECE REGIMEN SIMPLIFICADO PARA LA DETERMINACION DEL IMPUESTO A LA RENTA DE LOS PEQUEÑOS CONTRIBUYENTES

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"(Artículo 1º.-Introdúcense las siguientes modificaciones en la Ley sobre Impuesto a la Renta, contenida en el artículo 1º deel decreto ley Nº 824, de 1974: 1) replace, in the fourth paragraph of article 14 bis.-, the word"even"by the word"except"."

(2) add, then article 14 bis.-, the following article 14th ter, new: ' article 14 ter.-taxpayers forced to declare effective income according to accounting complete by incomes from article 20 of this law, they shall benefit from the simplified scheme provided for in this article, provided that they comply with the following rules: 1. requirements that must be met when they opt to enter the simplified regime " (: a) be an individual entrepreneur or be formed as a sole proprietorship limited liability;

b) contributor of the value added tax;

(c) not have money or any activity described in article 20 numbers 1 and 2, or real estate or financial activities, except those necessary for the development of its core business;

((d) not to possess or exploit any security social rights or shares of companies part of contracts of association or accounts in participation as a Manager, and e) have an average annual income of its rotation, not more than 3,000 tax units per month in the last 3 years. For these purposes, monthly revenues are expressed in monthly tax units according to the value of this in the respective month. In the case of the first year of operations, they must have an effective capital not exceeding 6,000 monthly tax units, the value they have in the month of the beginning of activities.

2. upon entering the simplified regime special situations.

Persons who, being forced to carry full accounting, for the purposes of this law, opting to enter the simplified regime laid down in this article, shall be carried out following treatment headings referred to then, according to their balances at 31 December of the year prior to entry to this regime: to) pensions contained in the Fund's taxable profits they must be completely withdrawn at the end of the financial year preceding the entry regime simplified;

(b) tax losses accumulated, must be regarded as a departure from the first day of the initial exercise subject to the simplified scheme;

((c) the physical fixed assets to net tax value, must be regarded as a departure from the first day of the initial exercise subject to the simplified scheme, and d) stocks of realizable assets, tax value, must be regarded as a departure from the first day of the initial exercise subject to the simplified scheme.

3 determination of the tax base and its taxation.

(a) the contributors that this simplified arrangements must pay annually with the first category tax and, in addition, complementary Global tax or additional, as appropriate. The taxable income of the tax of first category, Global complementary or additional, simplified regime will correspond to the difference between the income and expenses of the taxpayer.

(i) for these purposes, shall be deemed income from amounts of operations sales, exports and services, affected or exempt from the value added tax, which should register in the book of purchases and sales, as also all other income related to rotation or activity receiving during the period except those that come from active fixed physicists who can not depreciated in accordance with this law , without prejudice to apply at its disposal separately this regime provisions of articles 17 and 18 degrees.

II) means expenses amounts in respect of purchases, imports and services, affected or exempt from value-added tax, that they must register for book purchases and sales; payments of salaries and fees; interest paid; taxes paid that are not those of this law, the losses from prior years, and those who come from acquisitions of goods except physical fixed assets which can not be depreciated according to this law.

It will also accept as I egress activity 0.5% of revenues of the period, with a maximum of 15 monthly tax units and a minimum of 1 monthly tax unit, in force at the end of the year, by concept of minor non-documented, bad loans, donations and other expenses, in lieu of the expenses mentioned in article 31 °.

(b) for the provisions on this issue, will include all revenues and expenses, regardless of its origin or source or whether or not it is not taxable or exempt amounts under this law.

(c) the taxable income calculated in the way established in this number, will be affect to the first category tax and Global complementary or additional, for the same period in which it is determined. The first category tax, no credit or rebate not may deduct in respect of exemptions or franchise tax.

4. release of accounting records and other obligations.

Taxpayers that the simplified arrangements laid down in this article, will be released for tax purposes, carry full accounting, practice inventory, make balance sheets, carry out depreciation, as well as carry the detail of taxable earnings and other income that are recorded in the registry of the taxable liquid income of first category and accumulated profits to that referred to in article 14 ° (, letter A), and to apply the monetary correction established in article 41.

5. conditions for entering and leaving the simplified regime.

Taxpayers must enter the simplified regime starting from January 1 of the year that they opt to do so, and must keep it at least during three consecutive business years. The option to enter the simplified regime will manifest itself giving the respective notice to the internal revenue service from January 1 to April 30 of the year calendar to incorporate the referral scheme. In the case of the first tax year you must inform is the internal revenue service in the Declaration of Foundation date.

However, the taxpayer must be obligatorily, abandoned this regime, whatever the period by which has been maintained in it, when you are in any of the following situations: a) if fails to comply with any of the requirements set out in the letters to), b), c) and d) of the number 1 of this article, and (b)) if the average annual income is greater than 3,000 tax units per month in the last 3 years , either, if the income from an exercise exceeds the amount equivalent to 5,000 monthly tax units. For these purposes, monthly revenues are expressed in monthly tax units according to the value of this in the respective month. For the determination of these limits, revenues arising from the sale of physical fixed assets will be excluded.

6. effects of removal or exclusion of the simplified regime.

Taxpayers who choose to retire or be removed from the simplified regime, keep on it until 31 December of the year in which these situations occur giving notice relevant to the internal revenue service from January 1 to April 30 of the year following calendar.

In these cases, from 1 January of the following year will be subject to all the common rules of the income tax act.

To merge the taxpayer the regime of full accounting must practice an initial inventory for tax purposes, properly crediting the items containing this.

In this inventory should record the following amounts determined at 31 December of the last year played host to the simplified regime: a) the existence of the realisable asset, valued according to replacement cost, and b) the physical fixed assets, recorded by its value updated to the end of the year, applying the rules of articles 31, number 5, and 41 °, number 2.

Also, for the purposes of determining the initial balance positive or negative of the register referred to in article 14, the losses of the exercise should be considered or cumulative to 31 December of the last year welcomed the simplified regime, and, as utilities, the items identified in the letters a) and b), above. Utility resulting from charges and credits of these items, will be the opening balance on the Global complementary or additional tax, when he retires, non-credit in respect of the first category tax. In the event that a loss is determined, this should also note when registering and may deduct in the form provided for in the second paragraph of number 3 of article 31 °.

In any case, incorporating the regime general of the income tax act may not generate other earnings or losses, from items that affected the outcome of some exercise under the application of the simplified scheme.

Taxpayers who are removed from the simplified regime, may not return to join him until after three years in the common system of the income tax act. "."

(3) add, at the number 6th.-the first paragraph of article 40, then of the expression "bis", the following: "or to the article 14 ter".
(4) added, in the second article 54 number 1-paragraph, then the expression "bis" and before the point apart (..), as follows: "and the amounts determined according to article 14 ° ter".

(5) add, in the seventh paragraph of article 62, then the expression "bis" and before the separate dot (.), as follows: "and the amounts determined according to article 14 ter, to accrue the tax, in the latter case, at the end of the year".

6) replace, in the second paragraph of the letter h) of article 84, the expression "hint in the previous paragraph" "hint in the previous paragraph of this letter", and added, below in this paragraph, a letter i) new, read as follows: "i) taxpayers subject to the regime of the article 14 ter of this law, shall be a provisional payment at the rate of 0.25% on the monthly income of its activity.".