The Federal Tax Administration (AFIP) published an official bulletin today regarding resolution 4101-E which enables tax credits for value-added through the purchase, manufacture, elaboration, importation of new capital assets, or the construction anything as such related to infrastructure and other types of installations.
By means of Law 26.190 and its related regulations that modify it—Law 27.191 and Decree No. 531—the Ministry of Energy and Mining is offering economic and financial benefits to incentivize the construction of clean energy production. Those who comply with the established requirements can receive compensation for VAT due to contributions on a national level.
According to General Resolution 4101-E, the following situations may allow a company to receive compensation:
· They have received a Certificate of Inclusion for “Renewable Energy Development” from the Sub-secretary of Renewable Energy under the Secretary of Electric Energy within the Ministry of Energy and Mining.
· They are included in what is laid out in Article 3 of the Resolution N. 202/2016-E of the Ministry of Energy and Mining, remaining within its scope.
To access the benefits, they should comply with the following conditions:
a) Have the project approved by the Ministry of Energy and mining via the Sub-secretary of Renewable Energy and the Secretary of Electric Energy.
b) Possess approval for the project expenditures via the Sub-secretary of Renewable Energies and the Secretary of Electric Energy.
c) The assets must integrate the owners of the project at the moment of formalizing the request for credit or early return.
ARTICLE 9 – In order to request credits or early returns on value-added taxes, the project must comply with the following:
a) Have a CUIT number active without limitations from the national government, in accordance with General Resolution No. 3.832 and its amendment.
b) Be able to show that the tax has been paid on the value added and the earnings in accordance with General Resolution No. 10 and its amendments in No. 2.337.
c) Declare and be updated with AFIP, conforming to the terms established by Article 3 of Law No. 11.683, created in 1998 along with its modifications and those disposed in General Resolution No. 10 and No. 2.109, along with their respective amendments.
d) Have an updated CLAE (Classifier of Economic Activities)—Form No. 883, created by General Resolution 3.537.
e) Have an updated Electronic Fiscal Address at AFIP, conforming with the previsions in Title V of the General Resolution No. 2.109 and its amendments. The corresponding form must be sent online in order to express acceptance of such, and approved via Article IV of the aforementioned norm. To such an end, a fiscal code (clave fiscal) of level 3 or higher must be used, which is given by AFIP in conformity with General Resolution No. 3.713 and its amendments. The form is found under the service “Electronic Fiscal Address” (Domicilio Fiscal Electrónico) or “e-ventanilla.”
f) Having presented, if applicable, the appropriate income tax affidavits, presumed minimum income, personal property, value-added tax and social security resources incurred in the fiscal periods starting at the beginning of the activity (i.e. project).
g) Have no record of breaches in formally sworn statements to which the project owners are bound.
h) Have submitted the guarantees established in paragraph a) of Article 13 of Annex II of Resolution No. 72/2016 of the Ministry of Energy and Mining, with ten (10) business days prior to each request and for an amount equivalent to ONE HUNDRED PERCENT (100%) of it. For each credit request and/or early return, one of more electronic guarantees must be submitted with the formalities and other conditions established in General Resolution No. 3.885 and its amendments.