On 8 January 2021, the City of Buenos Aires published Law No. 6,392 (“Law“) in the Official Gazette, through which a new Regime of Promotion of Information Technologies and Communications (“Regime“) was created.
The Law establishes deferrals for payment and/or exemptions for Gross Receipt Tax (GRT) purposes, such as other tax benefits.
- In more detail
- Requirements for registration
- Types of registrations
- Benefits of the Regime
- Other benefits
The report is available through this link.
The beneficiaries of the Law are, among others, legal entities located or that will be residing in the Technological District of the City of Buenos Aires (“District“) ̶ the geographic area covered by the avenues Sáenz, Boedo, Chiclana, Sánchez de Loria and Brasil; the streets Alberti and Manuel García; and the avenue Amancio Alcorta, on both sidewalks ̶ who carry out activities related to information and communication technologies (ICT), including, among others, the following:
- Development, maintenance and/or updating of:
- software products
- custom software
- embedded software
- web portals
- computer platforms or applications, both through web and mobile devices, intended for the use of third parties
- Computer services aimed at improving: the security of equipment and networks, the reliability of software programs and systems, the quality of systems and data, and the administration of information and knowledge in organizations, among others
- Computer services linked to business processes for use by third parties (shared service centers)
- Services for design, coding, implementation, remote support, resolution of issues, feature additions, and software warranty or advice
- Technological consulting
- Technological outsourcing
- Nanotechnology and nanoscience
- Biotechnology, bioeconomics, biology, biochemistry, microbiology, bioinformatics, molecular biology, neurotechnology and genetic engineering, geoengineering and its tests and analysis
- 3D printing
- Robotics and home automation, artificial intelligence, internet of things, sensors, additive manufacturing, augmented and virtual reality
- Updating, improvement and training of users regarding a software product or additional functionality developed
- Updating, improvement and training of teachers and students of all kinds of educational centers, with orientation in ICT
- Hardware production, which means manufacturing and/or assembly complex of parts, pieces or components of computer equipment
- Accelerators, incubators and providers of collaborative spaces for arising companies and entrepreneurs in the technological area
- Software services (SaaS)
- Hardware services (HaaS)
- Infrastructure services (IaaS)
- Platform services (PaaS)
- Cloud computing services
Requirements for registration
The requirements for registration and to benefit from the Regime are the following:
- The submitter must develop any of the promoted activities listed above.
- The submitter cannot have any tax debt with the City of Buenos Aires Tax Authority (AGIP).
Deregistration will occur due to noncompliance with the requirements of the Regime or at the request of the beneficiaries at any time.
Types of registrations
There are two types of registrations.
- Provisional registration occurs if at the time of registration, the submitters have the intention to reside in the District. In such case, the following additional requirements must be met:
- The decision of the submitter to settle and develop the promoted activities within the District must be managed and documented.
- The decision of the submitter to settle within the District must be implemented by: (i) the execution of a real estate purchase agreement and the payment of at least 30% of the purchase price; or (ii) the execution of a lease or similar agreement.
- The submitter must commit to maintain or increase the percentage of gross income attributable to the City of Buenos Aires for the development of the promoted activities, if applicable.
- Definitive registration occurs if at the time of registration, the submitters are effectively located in the District. The following additional requirements must be complied with:
- The provisional registration requirements have been met
- The submitter is located in the District
- The submitter is developing any of the promoted activities in the District and
- The submitter maintained or increased the payroll of employees of the District
The beneficiaries registered in the Regime will benefit from the following:
- Exemption: The income derived from the development of the promoted activities performed within the District will be exempted from GRT if the beneficiaries have a definitive registration.
Beneficiaries with a definitive registration must carry out clustering actions, determined by the Application Authority, aimed at achieving its grouping with other individuals or companies with which they share interests for the exchange of knowledge and resources to obtain a mutual benefit for the development of the District. Otherwise, they must reimburse 20% of the GRT exemption amount.
- Deferrals: The beneficiaries with a provisional registration are authorized to defer the payment of the GRT in the City of Buenos Aires during the first two years, with the limitations provided in the Law. However, if the beneficiaries obtain definitive registration, the obligation to pay the deferred GRT will be extinguished.
In addition, if the beneficiary has a provisional registration and a request for a definitive registration, the resolution of which is pending before the Application Authority, the deferred GRT amounts will not be required by the AGIP until the resolution is issued.
Moreover, regarding the provisionally registered beneficiaries, the Application Authority will require the maintenance of the location and development of activities within the District for a minimum of five years, as from the acquisition of the definitive registration, in order not to claim the GRT, plus its corresponding interest.
- Tax credit: Beneficiaries who at the time of requesting their provisional registration are not registered as GRT taxpayers in the City of Buenos Aires will obtain a transferable tax credit equivalent to 50% of the value of the investments destined to be established within the District, which they may use exclusively for the cancellation of the GRT in the City of Buenos Aires. In the event that the beneficiaries choose to apply the tax credit, they will automatically be disqualified from benefitting from the deferrals referred to above.
- Payment on account: Individuals and legal entities with investment in mixed-use projects to be developed within the District will have a benefit of 25% of the amount invested as payment on account of the GRT resulting from their activity in the City of Buenos Aires. In relation to this, a “mixed-use project” is considered as one that allocates at least 50% of the total area of the property located within the District to carry out any of the promoted activities, with the remaining area used for the development of complementary commercial activities or housing. The beneficiaries will be able to carry out the tax deferral referred to above regarding the portion of the mixed-use project destined to carry out the promoted activities, being able to add only this benefit of payment on account with respect to the investments of the remaining portion of the project destined to carrying out complementary commercial activities or housing.
- There is Stamp Tax exemption for beneficiaries with both the provisional or definitive registration regarding the execution of certain documents related to the development of the promoted activities in the District. The documents included by the exemption are the ones by which ownership or possession of the real estate located within the District is transferred or granted and those whose effects operate within the District.
- Beneficiaries with definitive registration are exempt from the payment of Real Estate Tax and the local Lightning, sweeping and cleaning charge (ABL), with respect to the real estate located within the District related to the development of the promoted activities.
- There is exemption from the obligation to pay all local taxes related to the procedures for projects, installations and land registrations as regards the new investment projects related to the development of the promoted activities.
The Regime established by the Law will be in force until 31 January 2035. The Law shall be complemented by further regulations.
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