In this third part of the series of articles that we will publish on the subject of the promotion of the knowledge economy carried out by the new Law No. 27.506, we will deal with the significant tax benefits of the knowledge economy in Argentina.
The Promotion of the Knowledge Economy Regime (hereinafter the RPEC by its acronym in Spanish), establishes in its Chapter II the following tax treatment for the beneficiaries of the RPEC:
1. Fiscal Stability
According to Article 7 of the RPEC, from the date of registration in the National Registry of Beneficiaries of the Promotion of the Knowledge Economy RPEC and for the effective term of the RPEC, the beneficiaries will enjoy fiscal stability regarding the promoted activities.
Fiscal stability means that the beneficiaries will not suffer any increase on their total federal tax burden determined at the time of their application to join the National Registry of Beneficiaries of the Promotion of the Knowledge Economy Regime.
Fiscal stability covers all federal taxes, understood as direct taxes, tax rates and tax contributions on the registered beneficiaries, as well as duties or tariffs on imports and exports.
This benefit will be extended to the tax burden of the Autonomous City of Buenos Aires, provinces and municipalities to the extent of their adherence to the RPEC, in which case the burden will be considered separately in each jurisdiction.
2. Employer contributions
The beneficiaries of the RPEC will enjoy, for each registered worker, an immediate deduction equivalent to the maximum amount foreseen in article 4 of decree 814 of 2001 and its amendments (today AR$ 17,509.20), amount which will be updated according to the guidelines established therein, the progressive scheme foreseen in subsection c) of article 173 of Law No. 27,430 of tax reform not being applicable (article 8). In other words, the RPEC immediately provides a reduction in labor costs since it accelerates the maximum non-taxable minimum that Law No. 27,430 provides in general for 2022.
In the event that the general regime of employer contributions be more favorable than the benefit provided in the RPEC, the beneficiary may apply the deduction and / or rates of the general regime.
3. Additional incentive
By article 9 of the RPEC, the beneficiaries may obtain, in the forms and conditions to be established by the regulations, a one-time transferable tax credit, equivalent to 1.6 times the amount of employer contributions spared according to what was explained in the previous point.
The additional incentive must be applied to the payment of advances and / or balances of sworn statements of the income tax and of the value added tax.
When registered workers hold the title of doctor, in the way to be established by the regulations, the tax credit bonus generated by that employee will be equivalent to twice the amount of employer contributions that would have been paid for the term of twenty four months since its hiring.
The income obtained as a result of the tax credit bonus will not be computed by its beneficiaries for the determination of the net profit in the income tax.
4. Income tax
Article 10 of the RPEC establishes that the beneficiaries of the RPEC will have a reduced rate in the income tax, which will be 15%, to the extent that they keep their payroll under the terms and conditions to be established by the regulations.
With respect to dividends and similar profits that are distributed by the legal entities enjoying the benefits of the RPEC, they will pay income tax at the rate of 13%, according to what is established in the first paragraph of the third article added after article 90 of the Income Tax Law.
This benefit will be applicable for fiscal years that begin after the date of registration of the beneficiary in the RPEC.
Likewise, the beneficiaries of the RPEC, based on the income obtained in consideration for the activities included, may deduct a credit for the analogous taxes effectively paid or withheld abroad, in accordance with the provisions of the Income Tax Law, even in the case of incomes from Argentine sources. The said calculation will proceed up to the limit of the increase of the tax obligation originated by the incorporation of those gains (Article 12). This favors the exporters benefiting from the RPEC.
5. Value Added Tax
The RPEC beneficiaries will not be subject to any withholdings or perceptions under the value added tax regime (article 11).
The two previous installments of this series dealing with the activities included and the fields promoted, and the beneficiaries of the promotion of the knowledge economy, can be reviewed on our Legal Blog: https://cspabogados.com.ar/en/knowledge-based-economy-in-argentina/ and https://cspabogados.com.ar/en/beneficiaries-of-the-promotion-of-the-knowledge-economy-in-argentina/
For the Spanish version of this publication, please visit https://cspabogados.com.ar/beneficios-fiscales-de-la-economia-del-conocimiento/.
Mario E. Castro Sammartino
Our publications exclusively express the author´s opinion and do not purport to be legal counsel on any case. Should you need it, you must consult with your trusted lawyer.
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