ARTICLE 16 A: WHAT IS MEANT BY DERIVATIVE FINANCIAL OPERATIONS

     

    For the purposes of tax provisions, derivative financial operations are understood as the following:

  • Those in which one of the parties acquires the right or obligation to acquire or dispose of future merchandise, stocks, securities, values, currencies or other fungible goods that quote on recognized markets at a set price when they are held or to receive or pay the difference between said price and that which these goods have at the expiration of the derivative operation, or the right or obligation to hold one of these operations.
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  • Those referring to an indicator or a basket of indicators, indexes, prices, interest rates, exchange rate of currency, or other indicator that is determined in recognized markets, in which differences between their agreed value at the beginning of the operation and the value they have on certain dates are settled.
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  • Those in which the rights or obligations associated with the operations mentioned in the previous sections are disposed of, provided that they comply with the other applicable legal requirements.
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    Financial operations derived from debt are those that refer to interest rates, debt securities or the National Consumer Price Index (Índice Nacional de Precios al Consumidor); Likewise, financial operations derived from capital are understood as those that refer to other securities, merchandise, currencies or baskets or stock indexes. Derivative financial operations that do not fit within the assumptions referred to in this paragraph, will be considered capital or debt based on the nature of the underlying.