The National Government made official the regulation of the Economic Emergency law, through the decree 99 published this Saturday (28.12.2019) in the Official Gazette.
The regulations are divided into Social Security, Personal Property, Country Tax, Statistics Rate and Export Rights.
Social security
For the purposes of assessing the limit for categorization as a medium-sized company section 2, employers belonging to the private sector whose main activity must consider, in all cases, the limit on total annual sales that, for the sector in which they are located, is set out in Annex IV of the Resolution of the then Sepyme 220 of April 12, 2019 and its amendment or the one that replaces it in the future.
If the above limits are not exceeded, such employers must prove their status with the certificate issued by Sepyme. AFIP may exclude certain activities from the obligation to have the aforementioned certificate or admit other forms of accreditation, when the particular characteristics prevent the aforementioned status from being proven in this way.
The additional rates provided for in differential or special pension schemes must be applied to the corresponding tax base without considering the deductions regulated in articles 22 and 23 of the Solidarity Law.
Statistics Rate
The regulation "establishes that, until December 31, 2020, the amount of the statistics fee, applicable, in accordance with article 49 of the Solidarity Law, to definitive import destinations for consumption, may not exceed the following maximum amounts":
The measure also sets the maximum amount to be received as a statistical fee, according to the following detail:
Country Tax
The rule establishes that for Currency exchange for the payment of services abroad are subject to the Country tax, regardless of the means of payment with which they are paid..
The acquisitions of services abroad contracted through travel and tourism agencies - wholesale and/or retail - in the country are included when they are paid in cash, to the extent that its cancellation requires access to the single free exchange market for the purpose of acquiring the corresponding currencies.
This includes the acquisition of land, air and water transportation services for passengers destined outside the country, contracted through companies in the country, when paid in cash, to the extent that For its cancellation, access to the single free exchange market must be accessed for the purpose of acquiring the corresponding currencies..
It is established that when the operations covered by the Country Tax constitute services included in section m) of section 21 of section e) of article 3 of the Value Added Tax Law, the rate provided will be 8%.
The payment of the tax for the acquisition of land transportation services for passengers destined for neighboring countries is suspended.
Assets abroad
The rule establishes that Those subjects who have repatriated financial assets as of March 2,25, 31, which represent at least 2020% of the total value of the assets located abroad, are exempt from paying the 5% Personal Property Tax.
The benefit will be maintained as long as it isThese funds remain deposited until December 31, inclusive, of the calendar year in which the repatriation was verified, in financial institutions, in the name of its owner.
If a refund is due, it will be made up to an amount equivalent to the amount exceeding the increase in the obligation that would have been due if the assets from abroad had been taxed at the progressive scale of the Personal Property Tax.
Export duty
The measure sets the export duty on exports of services within the framework of the measured law and "sets until December 31, 2021, an export duty of Five percent (5%) for the export of services included in section c) of section 2 of article 10 of Law No. 22.415 (Customs Code) and its amendments.”
Regarding entry into force, the regulatory decree states: "The provisions of this decree will enter into force on the day following its publication in the Official Gazette."
The regulations were signed by President Alberto Fernández, the Chief of Cabinet, Santiago Cafiero; and the Ministers of Economy, Martín Guzmán, of Productive Development, Matías Kulfas, and of Labor, Claudio Moroni.
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