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ARTICLES

LEGAL RESOURSES

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    • ARTICLE 74: VOUCHERS ON BEHALF OF PEOPLE WHO PAY VALUE-ADDED TAX (VAT) THROUGH A TRUST

     

    For the purposes of article 32, section III of the Law (LIVA: Art. 32), when people carry out activities for which the tax must be paid through a trust, the fiduciary institution may issue the respective vouchers on their behalf, expressly and separately transferring the tax, provided that it is met with the following:

  • That when the trust registration is requested in the Federal Taxpayer Registration, the trustees express in writing that they exercise the option referred to in this article and the fiduciary institutions express their willingness to assume responsibility for solidarity for the tax due payment on the occasion of the activities carried out through the trusts in which they participate with that character.

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    When the statements set forth in the preceding paragraph are not made at the time the registration of the trust is requested in the Federal Taxpayer Registration, the option referred to in this article may be exercised, from the month following that in which said statements are made in writing before the Service Tax Administration (Servicio de Administración Tributaria);

     

  • That the fiduciary institution calculates and pays the tax corresponding to the activities carried out by the trust and carries out the accreditation of the tax in the terms and with the requirements established by the Law. If the payment declaration results in favor, the fiduciary institution in question shall be as provided in article 6 of the Law (LIVA: Art. 6), and

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  • That the aforementioned institution complies with the other obligations provided for in the Law, including keeping accounts for the activities carried out through the trust and collecting receipts that meet fiscal requirements.

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    In the case of the trusts referred to in this article, the acquirer of the rights of the trustor or trustee may make the corresponding accreditation of the tax that has been transferred to them for the acquisition of those rights, through the trust institution, in accordance with the provisions of the Law.

    Those who invoke themselves of the provisions of this article, in no case may they consider as creditable tax, the tax that is accredited by the fiduciary institution, the one that has been transferred to the trust nor the one that it has paid for the importation. Neither may they compensate, credit, or request the return of the balances in favor generated by the trust operations.