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Legal Newsletter - June 2022

Relevant News

  • Income Tax – Minimum Taxable Amount
  • Restrictions to acquire foreign currency (access to MULC) – Imports
  • “Cut” for Gasoil
  • Incentive Regime for the Internal Supply of Fuels

LEGISLATION

Decree Nº 298/22 – Income Tax Minimum Taxable Amoun

By means of Decree Nº 298/2022, the Executive Branch increase the minimum taxable amount for income tax over employees’ monthly gross salary to the amount of AR$280.792.

Communication “A” Nº 7532/2022 – Access to MULC

The Central Bank of the Argentine Republic (“BCRA”) issued Communication “A” 7532/2022 in connection with the restrictions for accessing the exchange market for paying imports. Communications’ main regulations are: (i) the limit amount of SIMI Categories A or C will be the equivalent to the proportional part of the annual limit of each category accrued up to and including the current month. (ii) the suspension until September 30th, 2022 of the exception that set forth that the system of limited amounts for accessing the exchange market did not apply to those imports categorized as SIMI “B” o “C” and subject to non-automatic licenses (point 10.14.2.9). During the suspension, those imports will be included for the calculation of the limit amounts applicable to SIMI Categories A and C. (iii) As of July 1, 2022 the annual limit of SIMI Category A shall be at least the equivalent of 115% of the FOB value of its imports for the year 2021 when the amount imported during the year 2021 was less than or equal to USD 1,000,000; (iv) Regarding payment of imports of goods established in points 10.11.1, 10.11.2, 10.11. 11 and 10.11.12 of BCRA’s regulations) and in addition to the requirements set forth in each case for the access to the exchange market, the Communication sets forth that until September 30th, 2022, a sworn statement shall be submitted stating that the addition of the amount of the payment which is being requested to the total amount of the payments done as from January 1st, 2022 does not exceed the annual limit of SIMI Category A. Also, the Communication provides some exception to the filing of the sworn statement; (v) Modifies to 5 working days from the date of collection or disbursement abroad, with an additional period of 10 calendar days, the obligation to settle in the exchange market the proceeds obtained from advances, pre-financing and post-financing from abroad; (vi) import of services are equaled to imports of goods in their treatment by the BCRA and therefore will be allowed to access the exchange market for the same amount that in 2021 and the outstanding amounts after 180 days; (vii) the inclusion of new tariff positions of goods equivalent to the ones produced in Argentina and sanctuary goods; (viii) capital goods may be paid 80% in the origin port and 20% upon their nationalization.

LATEST NEWS IN THE HYDROCARBON SECTOR

Resolution Nº 438/2022 – Increase of Biodiesel Cut for “Gasoil”

Resolution Nº 438/2022 issued by the Secretariat of Energy established that any liquid fuel classified as petrol (“gasoil”) and diesel sold in Argentina shall contain 7.5% of biodiesel by volume.

Decree Nº 329/22 - Incentive Regime for the Internal Supply of Fuels (RIAIC)

By means of Decree Nº 329/2022, the Executive Branch creates the “Internal Supply of Fuels Incentive Regime” (RIAIC), with the purpose of guaranteeing the supply of fuels and compensating the extraordinary costs arising from the increasing demand on fuels and local refinery’s lack of capacity to satisfy said demand. Refiners and/or integrated refiners which are taxpayers of the Tax on Liquid Fuels and Carbon Dioxide (according to Title III of Law No. 23,966, text as amended in 1998 and its amendments) and “small refineries of affected regions” (as defined by the Decree) may apply to the RIAIC and require an amount equivalent to the amount to be paid for Taxes on Liquid Fuels and Carbon Dioxide for diesel oil imports.

Decree Nº 330/22 - Additional Mandatory Transitional Biodiesel Cut-Off Regime (COTAB)

By means of Decree Nº 330/2022, the Executive Branch establishes, for a term of 60 days, the "Mandatory Additional and Transitional Biodiesel Cut-Off Regime" (“COTAB”) aimed at increasing the supply capacity of grade 2 and grade 3 diesel oil in the country. By means of the Decree, an additional, mandatory and temporary biodiesel cut of 5% is established for all liquid fuels classified as gasoil or diesel oil.

Please, do not hesitate to contact us in case you have any further questions or comments:

María Victoria Tiscornia
Senior Associate
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+54 11 4326-7777

Leandro Martin Orts
Senior Associate
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+54 11 4326-7777