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Legal Newsletter – July 2019

Relevant news:

  • New amendments to import regime of used goods
  • Insurance policies for activities implying environmental risk
  • Modification of VAT, Income and Personal Assets Taxes
  • Modification to renewable energies regime
  • Proceeding for applying for a natural gas export authorization

LEGISLATION

Decree Nº441/2019 – Liquid Oil Tax

Decree Nº441/2019 issued by the Executive Branch defers until August 1st, 2019 the enforcement of part of the new values of liquid oil taxes.

Joint Resolution Nº43/2019 – Import Regime of Used Goods

Joint Resolution Nº43/2019 issued by the Secretary of international Commerce and the Secretary of Industry modifies the import regime of used goods set forth under Resolution Nº909/1994. Among such modifications, the Resolution clarifies that the import certificate (“CIBU”) applies to the used goods included in Resolution’s Annex I and used parts or pieces.

Decree Nº447/2019 – Environmental Insurance Policies

Decree Nº447/2019 issued by the Executive Branch sets forth that in order to comply with the obligation set forth under Section 22 of Environmental Law Nº25,675, the persons or companies performing activities which may imply a risk for the environment, must hire a surety insurance policy for environmental damage, an insurance policy with risk transfer or any other financial instrument or insurance plans approved by the Secretary of Environment.

Resolution Nº4511/2019 – Tax Credit Bond Regulation

Resolution Nº4511/2019 issued by Tax Authority (“AFIP”) regulates the application of the tax credit electronic bond obtained under Law Nº27,424 regarding the promotion regime for distributed generation of renewable energy.

Resolution Nº 5/2019– Federal Registry for Gross Income Tax Payers

Resolution Nº5/2019 issued by the Multilateral Agreement Commission approves the Unique Federal Tax Registry for tax payers of the gross income tax under the Multilateral Agreement before which such tax payers must register for the purposes of the aforementioned tax.

Resolutions Nº 4522, 4524 and 4525 /2019– Modifications to Income Tax and Tax on Personal Assets

By means of Resolutions Nº4522/19 and 4524/19, Tax Enforcement Authority (“AFIP”) published the guidelines which will apply for the advanced payments of income tax payable by natural persons and tax on personal assets for 2019 fiscal period. Resolution Nº4525/2019 updates the exempt amounts for income tax.

Resolution Nº 4523/2019– Modification to VAT Regime

Resolution Nº4523/2019 issued by Tax Enforcement Authority (“AFIP”) includes in the Electronic Withholdings Electronic System (SIRE) the withholdings and perceptions VAT regime.

Disposition Nº 83/2019– Tax Benefits for Distributed Generation of Renewable Energies

Disposition Nº83/2019 issued by the Subsecretary of Renewable Energies implements the first fiscal benefit of the promotion regime for the distributed generation of renewable energies by creating a tax credit certificate of up to ARS 1,000,000 for those who apply and meet the requirements set forth in the regulations.

Resolution Nº4535/2019– Digital Salaries Books

Resolution Nº4535/2019 issued by Tax Enforcement Authority (“AFIP”) allows employers to implement the digital salaries book.

Decree Nº476/2019– Modification to Renewable Energies Regime

Decree Nº476/2019 issued by the Executive Branch amplifies the access to the promotion regime of renewable energies by allowing public companies to act as a party to power purchase agreements of renewable energy with CAMMESA acting as off-taker. The Decree also creates new fiscal benefits for this regime.

Resolution Nº414/2019– Modification to Renewable Energies Regime

Resolution Nº414/2019 issued by the Secretary of Energy modifies the procedures for obtaining the certificate of inclusion in the renewable energies promotion regime and for the control of investments and the application of fiscal benefits

Decree Nº489/2019– Public Registry of Persons Related to Terrorism Acts

Decree Nº489/2019 issued by the Executive Branch creates the Public Registry of Persons and Entities Related to Terrorism Acts and its Financing (“RePET”) which aim is to facilitate the domestic and international cooperation to prevent and act against terrorism and its financing.

LATEST NEWS IN THE HYDROCARBON SECTOR

Resolution Nº357/2019– Hydrocarbons Transport Concession Public Tenders

Resolution Nº357/2019 issued by the Secretary of Energy approves the terms and conditions of the bidding processes to be called by the Secretary of Energy to grant hydrocarbons transport concessions regarding proposals submitted by interested parties. Among other aspects, the Resolution sets forth the requirements to be met by the bidding parties and the specifics to be included in the proposal (including the possibility for foreign companies to submit a proposal).

Decree Nº465/2019 and Resolution Nº437/2019– Hydrocarbons Transport Concession Bid

By means of National Decree Nº465/2019 and Resolution Nº437/2019, the National Secretary of Energy calls a national and international public bidding for the granting of a natural gas transport concession which includes the design and construction of a pipeline from the Neuquina Basin up to Buenos Aires province and Litoral area under a special 17-year temporary regime in order to extract the production obtained from Vaca Muerta formation. The date for the opening of the offers is scheduled for September 12, 2019.

Resolution Nº359/2019 – Deferred Payment of Gas Invoices

Resolution Nº359/2019 issued by Gas Enforcement Authority (“ENARGAS”) instructs gas distributors to apply a deferral of payment of a 22% of gas invoices issued form July 2019 and up to October 2019.

Resolution Nº388/2019 – ENARGAS Control Audit fee

Resolution Nº388/2019 issued by Gas Enforcement Authority (“ENARGAS”) sets forth the amount for the third advance payment of the “Control and Audit Fee”.

Resolution Nº74/2019 – Natural Gas Export Requests

Resolution Nº74/2019 issued by the Secretary of Modernization of the Public Administration sets forth that requests for the export of natural gas shall be substantiated through the distance process WEB platform (“TAD”).

Resolution Nº417/2019 – Natural Gas Export Procedures

Resolution Nº417/2019 issued by the Secretary of Energy modifies the procedure for the obtainment of the authorization of natural gas exports.

Resolution Nº419/2019 – Opinions on New Gas Regulations

Resolution Nº388/2019 issued by Gas Enforcement Authority (“ENARGAS”) calls all interested parties to express their opinions regarding the project of new regulation for gas traders for a 30-day period counted as of July 31st, 2019.

Gas Export Authorizations

  • Resolution Nº382/2019 of the Secretary of Energy granted YPF S.A. an authorization to export gas to Chile to Colbún S.A., interruptible, for a maximum volume of 3,000,000 m³/day up to May 1st, 2020 or up to the export of an amount equivalent to the daily authorized amount multiplied by the amount of days of the authorization, whatever occurs first.
  • Resolution Nº383/2019 of the Secretary of Energy granted YPF S.A. an authorization to export gas to Chile to ENEL, interruptible, for a maximum volume of 3,000,000 m³/day up to May 1st, 2020 or up to the export of an amount equivalent to the daily authorized amount multiplied by the amount of days of the authorization, whatever occurs first.
  • Resolution Nº413/2019 of the Secretary of Energy granted Panamerican Energy S.L. Suc. Argentina an authorization to export gas to Chile to AGESA, interruptible, for a maximum volume of 1,740,000 m³/day up to May 1st, 2020 or up to the export of an amount equivalent to the daily authorized amount multiplied by the amount of days of the authorization, whatever occurs first.
  • Resolution Nº413/2019 of the Secretary of Energy granted Panamerican Energy S.L. Suc. Argentina an authorization to export gas to Chile to GasValpo S.p.A. interruptible, for a maximum volume of 1,300,000 m³/day up to April 30st, 2020 or up to the export of an amount equivalent to the daily authorized amount multiplied by the amount of days of the authorization, whatever occurs first.
  • Resolution Nº432/2019 of the Secretary of Energy granted YPF S.A. an authorization to export gas to Chile to Colbún S.A., interruptible, for a maximum volume of 500,000 m³/day up to May 1st, 2020 or up to the export of an amount equivalent to the daily authorized amount multiplied by the amount of days of the authorization, whatever occurs first.

Law Nº3205– Neuquén Environmental Annual Fee

Law Nº3205 of Neuquén Province modifies Provincial Law Nº2600 regarding environmental fee and among other aspects, sets forth that the operator of the joint venture is entitled to pay the total amount of the environmental annual fee corresponding to each member of the joint venture.

 

Please, do not hesitate to contact us in case you have any further questions or comments:

María Victoria Tiscornia
Senior Associate
mvtiscornia@bcoabogados.com.ar
+54 11 4326-7777

Leandro Martin Orts
Senior Associate
lorts@bcoabogados.com.ar
+54 11 4326-7777