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Resolution on the refund of VAT on Fixed Assets

MINISTRY OF ECONOMY

Resolution 794/2022

RESOL-2022-794-APN-MEC

City of Buenos Aires, 11/03/2022

Having seen file EX-2022-71300564- -APN-DGDA#MEC, the Value Added Tax Law, text ordered in 1997 and its modifications, the laws. 27,430, 27,467 and 27,591 of the General Budget of the National Administration for the Year 2021, in force in accordance with article 27 of the Law on Financial Administration and Control Systems of the National Public Sector No. 24,156 and its amendments under the terms of decree 882 of December 23, 2021, Decree 4 of January 2, 2020, Resolution 185 of March 14, 2019 of the then Ministry of Finance (RESOL-2019-185-APN-MHA), and

CONSIDERING:

That in the first article incorporated without number after article 24 of the Value Added Tax Law, text ordered in 1997 and its modifications, a mechanism for the return of tax credits originated in the purchase, construction, manufacture, elaboration or final importation of fixed assets -except automobiles- which, after six (6) consecutive fiscal periods have elapsed, counted from the one in which their computation resulted, make up the balance in favor of those responsible, referred to in the first paragraph of the aforementioned article 24 of that law.

That the same article establishes that the refund provided for the tax that would have been invoiced to the applicants originated in the aforementioned operations may also be accessed, to the extent that the aforementioned goods are destined for exports, activities, operations and/or or benefits that receive equal treatment to them, counting the term of six (6) fiscal periods referred to above from the one in which the investments have been made.

That in article 97 of Law 27,430 it was indicated that these provisions would be applicable with respect to the accumulated balance originating from the amounts whose right to computation was generated as of January 1, 2018.

That article 87 of Law 27,467 provided that the aforementioned regime would operate, during the year 2019, with a maximum annual limit of fifteen thousand million pesos ($15,000,000,000), in accordance with the allocation mechanism established by the then Ministry of Treasury.

That by means of Resolution 185 of March 14, 2019 of the former Ministry of Finance (RESOL-2019-185-APN-MHA), in order to deal with the expenditures required by the applications filed in 2019, an order of priority was established based on the age of the accumulated balances according to the fiscal period in which they were generated and, at the same age, it was indicated that the allocation would be proportional to the magnitude of the balances.

That, in accordance with the provisions of Decree 4 of January 2, 2020, the maximum limit and allocation mechanism established for the year 2019 were also applicable for that year.

That in article 35 of Law No. 27,591 on the General Budget of the National Administration for the Year 2021, it was established that, in order to meet the expenditures required by the requests filed in that year, the regime in question would operate with a maximum limit of fifteen thousand million pesos ($15,000,000,000), in accordance with the allocation mechanism established by the Ministry of Economy.

That, in accordance with the provisions of Decree 882 of December 23, 2021, for the year 2022 the maximum limit and the allocation mechanism corresponding to the year 2021 apply.

That, in order to avoid administrative waste, it is considered appropriate to establish the order of priority that must be followed for the distribution of the maximum limit that could be applied against the mentioned regime, for all those periods in which it is fixed and in which the Ministry of Economy is empowered to this effect.

That the permanent legal service of the Ministry of Economy has taken the intervention that is its responsibility.

That this measure is issued in accordance with the provisions of the Law on Ministries – to 1992 – and its amendments, and article 35 of Law No. 27,591 on the General Budget of the National Administration for the Year 2021.

Thus,

THE MINISTER OF ECONOMY

RESOLVES:

ARTICLE 1.- For the purposes of the regime established in the first article incorporated without number after article 24 of the Value Added Tax Law, text ordered in 1997 and its modifications, the order of priority for the distribution of the maximum limit applicable to the effects of dealing with the disbursements demanded by the requests filed by the taxpayers and/or those responsible for each year, will be determined based on the age of the accumulated balances according to the fiscal period in which they were generated.

At the same seniority, the allocation will be proportional to the magnitude of the balances.

ARTICLE 2.- Communicate, publish, submit to the National Directorate of Official Registry and archive.

Sergio Tomas Massa

and. 11/07/2022 No. 90005/22 v. 11/07/2022

Publication date 07/11/2022

Source gob.ar

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