Relevant news:

• Modification of import and export tax
• Payment plan for tax debts
• Waste treatment related regulations
• Regulation for the registration of Industrial Models and Designs

LEGISLATION

Decrees Nº332/2019 and 361/2019 – Increase of Import Tax and Exemption

The Executive Branch issued Decree Nº332/2019 (the, “Decree”) which increased in 2,5% until December 31st, 2019 the aliquot of the statistics rate applicable to definitive imports for consumption and suspensory destination of temporary imports. The Decree also brings the maximum amounts to be paid due to the statistics rate. A few days after the publication of Decree Nº332/2019, the Executive Branch issued Decree Nº361/2019 which reduced to cero the statistics rate until December 31st, 2019 for certain goods, including capital assets to be imported for their use in oil and gas non-conventional projects and included in the lists to be published by enforcement authorities, goods imported under Decrees Nº1174/2016 and 629/2017 (about import of used goods for the oil and gas industry) and Resolutions Nº909/1994 and 256/2000 and suspensory destinations temporary imports no matter the applicable import regime.

Decrees Nº280/2019 and 335/2019 – Export Tax Relief

Decree Nº280/2019 issued by the Executive Branch eliminates until December 31st, 2019 the 12% export tax created under Decree Nº793/2018 for micro, small and medium companies’ exports which exceed, in FOB values, the exports of such companies corresponding to the preceding year. The Executive Branch also issued Decree Nº335/2019 which contains, among other aspects, the specific goods which exportation is not levied by the export tax under Decree Nº280/19.

Decree Nº382/2019 – Regulation of Productive Financing Law

Decree Nº382/2019 issued by the Executive Branch (the, “Decree”) regulates the framework and income tax applicable to trusts and investment common funds under the Productive Financing Law. The Decree brings tax incentives for these type of structures which purpose is the development and/or direct investment in, among others, infrastructure projects and the financing or investment in projects or activities through marketable securities.

Resolution Nº4477/2019 – Payment Plan for Tax Debts

Resolution Nº4477/2019 issued by Tax Authority (“AFIP”) implements a payment plan of debts arising from tax obligations, social security resources and tax withholdings and perceptions due to January 31st, 2019, including interests and penalties. The plan does not apply to debts arising from lack of payment of certain taxes such as the Liquid Fuel, Natural Gas and Carbon Dioxide Tax. The first installment of the plan will be due on September 2019. Tax payers may join the plan until August 31st, 2019, except for special cases related to social security debts which payment plan will be available for tax payers to join until June, 25th, 2019

Resolution Nº4467/2019 – Modification of VAT Procedure for Services Exports

Resolution Nº4467/2019 issued by Tax Authority (“AFIP”) modifies the procedure to request the crediting, refund or transfer of VAT derived by the export operations.

Resolution Nº4496/2019 – Transfer Prices

Through Resolution Nº4496/2019 (the, “Resolution”), Tax Authority (“AFIP”) unifies the dates for the submission of the forms related to transfer prices and sets forth as submission date of said forms the eighth month counted from the closing of fiscal year. The Resolution also increases the minimum amounts which determine the obligation to submit the sworn statements related to export and import deals. The aforementioned regulations will become effective as from the fiscal year initiated on January, 1st, 2018.

Resolution Nº3/2019 – New Submission Date for Tax Sworn Statement

Resolution Nº3/2019 issued by the Arbitration Commission of the National Tax Multilateral Agreement extends up to June 28th, 2019 the date for submitting the annual sworn statement (Form CM05) corresponding to the 2018 fiscal period.

Decree Nº338/2019 – Increase of Tax Refund for Car Industry

By means of Decree Nº338/2019 the Executive Branch increased in 6.5% the percentage of tax refunds for car companies which export cars to the MERCOSUR.

Resolution Nº4478/2019 – New Procedure for the Withholdings of Income Tax on Dividends

Resolution Nº4478/2019 issued by Tax Authority (“AFIP”) sets forth the regulation to be complied with by companies in connection to the withholding of the income tax on dividends payable by individuals.

Resolution Nº4479/2019 – Modifications to Tax Payment Plan

Resolution Nº4479/2019 issued by Tax Authority (“AFIP”) introduces changes to the interest rate of the payment plan applicable to payment of outstanding amounts of income and personal assets taxes.

Resolution Nº4483/2019 and Circular Nº1 – Financial Statements Submitted with AFIP

Resolution Nº4483/2019 issued by Tax Authority (“AFIP”) regarding the additional documentation to be submitted before AFIP with the financial statements elaborated according to IFRS standards, clarifies that such documents shall not consider inflation’s impact, excluding the financial statements submitted by small and medium companies. On the other hand, Circular Nº1 issued by AFIP brings the specifics on how to calculate the tax net result for income tax purposes in case of financial statements elaborated considering a constant currency (except for financial statements elaborated in accordance IFRS standards).

Resolution Nº4481/2019 – Modifications to Tax on Liquid Fuels and Carbon Dioxide

Resolution Nº4481/2019 issued by Tax Authority (“AFIP”) updates the list of products levied by the tax on liquid fuels and carbon dioxide in import operations, sets forth new advance payments for certain concepts and clarifies that companies of earth, sea and air transport are exempted from payment of the aforementioned tax.

Decree Nº381/2019 – Liquid Oil Taxes

Decree Nº381/2019 issued by the Executive Branch postpones application of the new values of liquid oil taxes
to July 1ST, 2019.

Resolution Nº4492/2019 – Informative Regime on Non-Residents

Resolution Nº4492/2019 issued by Tax Authority (“AFIP”) postpones to 2020 the year in which financial institutions must submit to AFIP information about on-resident’s accounts and operations in accordance with Resolution Nº4056/2017.

Resolution Nº4492/2019 – Modification to Tax on Personal Assets and income Tax Sworn Statements

Resolution Nº4492/2019 issued by Tax Authority (“AFIP”) increases to ARS 1,500,000 the amount as from which employees must submit to AFIP the sworn statements regarding personal assets and income taxes as of December 31st of each fiscal year.

Decree Nº356/2019 – Modification to the National Public Contract Regime

Decree Nº356/2019 issued by the Executive Branch modifies the regulations applicable to the national public contract regime by allowing companies or individuals pre-registered with the Suppliers Information System to act as offerers before the National Public Administration and granting offerers the possibility to comply with unfulfilled tax and social security obligations during the offers evaluations stage.

Resolution Nº189/2019 – Special Wastes Universally Generated National Strategy

The Ministry of Environment issued Resolution Nº189/2019 which implements a national strategy for the sustainable management of special wastes universally generated (“REGU”), defined as wastes which are generally disposed together with urban solid wastes and that given their potential negative effect on health should be managed and disposed in a separate way. The Resolution applies to those management systems of REGU submitted by producers, organizations or jurisdictions, provided they include inter-jurisdictional aspects.

Resolution Nº197/2019 – Simplified Regime for Minor Waste Generators

Resolution Nº197/2019 of the Ministry of Environment creates a simplified regime for the obtainment of the environmental certificate under the Hazardous Wastes Law by minor waste generators listed in the Resolution, which include among others, establishments for the commercialization or distribution of medicine.

Resolution Nº123/2019 – Trademarks and Patents Regulations

Resolution Nº123/2019 issued by intellectual property enforcement authority (“INPI”) contains the complementary regulations of Decree Nº242/2019 which regulated the trademarks and patents law and which will become effective as from June 3rd.

Decree Nº353/2019 – New Regulation for Registration of Industrial Models and Designs

Decree Nº353/2019 issued by the Executive Branch sets forth a new regulation applicable to the registration with the enforcement authority of industrial models and designs.

LATEST NEWS IN THE HYDROCARBON SECTOR

Resolution Nº633/2019 – Modification to the Gas Export Request Procedure

Resolution Nº633/2019 issued by the Secretary of Modernization of the Public Administration sets forth that the requests by third parties interested in the export of natural gas and the requests for the export of natural gas shall be substantiated through the distance process WEB platform (“TAD”).

Law Nº3648– Santa Cruz Province Modification to Law Nº3141

Law Nº3648 of the Santa Cruz province modifies certain aspects of Law Nº3141 regarding the obligation to hire local manpower. The local executive branch exercised the veto on some articles of the law. The new law sets forth, among others, the obligation to include in contracts related to the exploration and exploitation of natural resources provisions which imply the creation of jobs, the buy-local regime and development of local contactors and hiring of local manpower

Resolution Nº633– Río Negro Province Payment of Royalty

By means of Resolution Nº 633/2019, the General Superintendence of Waters of the Province of Rio Negro considers Hydrocarbons Industry as special or privative use of public waters for the purposes of payment of royalties set forth in the Provincial Water Code (Law Nº 2952). Said Resolution also provides the formula in order to calculate said royalties and the basic cost to be applied to the authorizations, granted or to be granted, of use of public water related to such industry.

Resolution Nº275/2019 – Modification to Gas Distribution Regime

Resolution Nº275/2019 issued by Gas Enforcement Authority (“ENARGAS”) modifies the interest rate applicable for delay in payments of invoices issued for the gas distribution service.

Resolution Nº239/2019 – Gas Installers Qualification

Resolution Nº239/2019 issued by Gas Enforcement Authority (“ENARGAS”) abrogates Resolution Nº24/1993 and instructs the Gas Distribution Public Service Licensees on the academic requirements to be requested in order to grant the qualifications to gas installers.

Resolution Nº299/2019 – Discount on Gas Prices

Resolution Nº299 issued by the Secretary of Energy sets forth that natural gas and diluted propane suppliers must invoice the gas delivered to beneficiary consumers applying the discount price applicable to gas according to Resolution Nº148.

Resolution 251/2019- Increase in Fines applicable by ENARGAS

Resolution Nº251/2019 issued by Gas Enforcement Authority (“ENARGAS”) increases the amounts of fines applicable by ENARGAS to third parties, licensees and sub-distributors.

Resolution Nº247/2019 – Opinion on Gas Regulations Projects

By means of Resolution Nº247/2019 Gas Enforcement Authority (“ENARGAS”) called all interested parties to express their opinions and proposals regarding the projects of different regulations about internal installations of gas systems in domiciles during a 90-day period as of May, 7th.

Disposition Nº34/2019 – Maximum Prices of Butane and Propane used in Tanks

Disposition Nº34/2019 issued by the Sub-secretary of Hydrocarbons and Fuels modifies the maximum reference prices for butane and propane destined to domestic use to be used in tanks (“garrafas”) and of GLP tanks (“garrafas”) of 10, 12 and 15 kgs. for fractionators, distributors and shops.

Gas Export Authorization

• By means of Resolution Nº 272/2019 the Secretary of Energy granted YPF S.A. an authorization to export gas interruptible to Innergy for a maximum volume of 3,500,000 m³/day up to April 30, 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.
• By means of Resolution Nº 274/2019 the Secretary of Energy granted Exxon Mobile S.R.L. an authorization to export gas interruptible to Innergy for a maximum volume of 600,000 m³/day up to April 30,, 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.
• By means of Resolution Nº 287/2019 the Secretary of Energy granted YPF S.A. an authorization to export gas interruptible to AGESA for a maximum volume of 1,700,000 m³/day up to May 1, 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.
• By means of Resolution Nº 301/2019 the Secretary of Energy granted IESA (a state-owned company) an authorization to export gas interruptible to Uruguay, specifically to ANCAP, for a maximum volume of 3500,000 m³/day up to May 1, 2021 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.

 

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