The Federal Public Revenue Administration (AFIP) decided to make changes to the procedure for the payment of export benefits and determination of the waiting period, through the General Resolution 4852/2020.
In this regard, it should be noted that Customs has the authority to grant exporters waiting periods for the payment of taxes levied on exports for consumption - removal of merchandise from the customs territory for an indefinite period of time.
This type of benefit, if granted, determines obligations that the exporter must assume, such as guaranteeing the corresponding amount, the interest and accessories that may apply, regarding the tax that is postponed over time based on a waiting period or ease of payment approved by the taxing authority.
This procedure is regulated by Article 54 of Decree 1001/1982 and General Resolution 1921/2005 and its amendments.
Thus, Resolution 4852/2020, published this Friday (06.11.2020) in the Official Gazette, introduces the following changes which are of interest to exporters and customs assistants:
Payment of taxes
- BCRA Report: It is incorporated into Annex III as point 4.1: If applicable, the Central Bank of the Argentine Republic has informed this Federal Administration of its conformity regarding compliance by the exporter with its obligations related to the settlement of foreign currency, in accordance with the provisions of current regulations.
- Time of impact: It replaces point 1.2, section A) of Annex IV, with the following status: Prior to the officialization, the deposit to be allocated to the payment of the settlement will be selected. Said payment will be allocated at the time of the officialization. For the conversion into pesos, the exchange rate for foreign currency sellers reported by the Banco de la Nación Argentina at the close of its operations, corresponding to the business day prior to the date of payment of the settlement, will be used.
- Determination of deadlines: Point 2.1. section A) of Annex IV is replaced by the following: 2.1.1 In the event that the exporter is included in the assumption of the first paragraph of subsection a) of article 54 of Decree 1001/82 and its amendments, the term to make the payment will be fifteen (15) calendar days, counted from the day following the issue. 2.1.2 In the cases set forth in the second paragraph of section a) of article 54 of the regulatory decree of CA – 1001/82 – the maximum term to make effective the payment of duties and other taxes will be: a) 120 calendar days from the day following the issue date, b) the date of effective settlement of foreign currency in favor of the exporter according to the information sent electronically by the BCRA to this Federal Administration, c) the due date to settle the foreign currency (corresponding to the term of the tariff position of the item of highest FOB value of the shipment).
- Notes: Where the terms specified in paragraphs a), b) and c) of point 2.1.2, section A) of this annex do not coincide, the due date of the obligation will be the one resulting from the shortest term arising from them, and may not be less than the period established in point 2.1.1. of this Annex and in cases where there is pre-financing, advance payment and/or structured loans for 100% of the value of the product to be exported, if payment with a waiting period is chosen, the same may not exceed the period established in point 2.1.1. of Annex IV.
- Split shipments: In the case of split shipments, the release of the last installment will be considered for the purposes of calculating the waiting periods for payment.
- Exchange rate: For pending payments, the selling currency exchange rate reported by the Banco de la Nación Argentina corresponding to the close of the exchange business day immediately prior to the date of the actual payment will be used.
- DExport rights Decree 793/18:For the export duties provided for by Decree No. 793 of September 4, 2018 and its amendments, the specific waiting periods established in its article 4 will be used.
Payment within the waiting period
- Form of settlement: For payment within the waiting period of the export operation, the settlement reason called LAEX/LADA/D793 will be used -as appropriate- which will be automatically issued by the SIM upon loading the completed shipment for compliant shipments or upon registration of the post-shipment declaration for shipments with a difference. The settlements recorded for these reasons will be issued by the MALVINA Computer System (SIM) with a pre-established expiration date, based on the characteristics and particularities of each operation. For each export destination, a LAEX/LADA/D793 settlement will be generated for the payment of all concepts.
- Settlement registration: To generate the registration of these settlements, the MALVINA Computer System (SIM) will use the guidelines established in point 2.1., section A) of this annex.
- Updated: The original payment period provided for a LAEX settlement will be automatically updated, if applicable, at the time the foreign exchange settlement report provided by the Central Bank of the Argentine Republic is processed.
- Coin: The settlement for LAEX/D793 will be generated in UNITED STATES DOLLARS. At the time of the allocation, the amount to be paid for said settlement will be converted to pesos at the corresponding exchange rate for the business day prior to its effective payment within the waiting period.
- Cancellation: Settlements for LAEX/LADA/D793 must be cancelled prior to the due date of the obligation using the Electronic Payment Slip (VEP).
This general resolution will enter into force on the day following its publication in the Official Gazette and its provisions will be applicable in accordance with the implementation schedule that will be published on the microsite “General Resolution No. 1.921, its amendments and supplements” on the website of this Administration.
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