In the Official Gazette of Saturday, December 14, 2019, the National Executive Power published Decree No. 37/2019, through which it introduced modifications to the calculation of Export Duties established by Decree No. 793/2018, its amendment. and complementary, beginning to govern the measure from the day of its publication in the BO.
According to the recitals of the standard, "Taking into account the serious situation that the public finances are going through, it is necessary to adopt urgent fiscal measures that allow to attend, at least partially, the budgetary expenditures with genuine resources", not to mention that "From the date of the publication of Decree No. 793, there was an impairment in the value of the PESO with respect to the US DOLLAR, which has represented, as of December 10, 2019, a devaluation greater than 60%". Therefore, it was decreed:
ARTICLE 1
To void the limit of $ 4 for each US dollar, established in Article 2 of Decree No. 793/2018 and its modifications.
ARTICLE 2
Replace Annex I of Article 2 of Decree No. 793/2018 and its modifications, with ANNEX I of Decree No. 37/2019.
ARTICLE 3
In the case of merchandise included in the PA NCM detailed in ANNEX II of Decree No. 37/2019, the aliquot of the export duty established in Article 1 of Decree No. 793/2018 and its modifications will be NINE PERCENT (9%).
ARTICLE 4.
This measure will take effect on the day of its publication in the Official Gazette of the ARGENTINE REPUBLIC.
TECHNICAL SUMMARY
By virtue of the foregoing, and until our team of advisers completes a detailed report on the subject under discussion, we transcribe how the new scenario of exports would look, from a technical point of view. until December 31, 2020:
The aliquot of the Additional Export Right may be 12% or 9%
All the merchandise included in the Tariff Positions of the COMMON MERCOSUR NOMENCLATURE (PA NCM) are taxed with an export duty of 12% for exports for consumption, except for the merchandise included in the PA NCM detailed in ANNEX II of Decree No. 37/2019, the aliquot of which will be 9%.
The Additional Export Right is added to the traditional Export Right
The export duty mentioned in the preceding title (12% or 9%) will be added to the aliquots established by Decree Nos. 133/2015 and its modifications, 160/2015 and its amendment, 25/2016, 349/2016, 361/2016 and 640/2016, and 1126/2017 (Annex XIII).
The cap rule remains at $3 per dollar and applies to certain merchandise
Only for the NCM PAs detailed in Annex I of Decree No. 793/2018 and its modifications, the export duty of 12% or 9% may not exceed $ 3 for each US dollar of the taxable value, including the amount shown by the application of said aliquots, or the official FOB price, as appropriate.
It should be noted that Decree No. 37/2019 replaced Annex I of Decree No. 793/2018.
New Coefficient (0.91743)
In the case of merchandise that is taxed only by the additional export tax of 9%, whose sales value includes said tax, the coefficient will be 0.91743 (Cf = 100 / (100 + 0 + 9))
Cf = 100 / (100 + Al + Alda)
- Cf = COEFFICIENT OF DEDUCTION RIGHTS • Al = RIGHTS (ALICUOTA) • Alda = ALICUOTE ESTABLISHED IN ARTICLE 1 OF DECREE 793/18.