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Ley 25.429

Legislación Minera Argentina - Ministerio de Minería

Legislación Minera Argentina - Ministerio de Minería

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***Comment. The fiscal treatment instituted by the present Law is thus separated fromthe general treatment established by Laws on Industrial Promotion (a substitution oftax benefits by using Fiscal Credit Bonds), since the present treatment iskfundamentally based in the guarantee of stable fiscal treatment during theexploitation involved -and not the previus supression os tax charges that meant ahigher fiscal cost to the State as was the case of Industrial Promotion Law, and MiningPromotion Law.ARTICLE 20: For the purposes of the technical national tax provisions, Law11.683, tex ordered in 1978 and its amendments shall apply, exept the articleadded by Law 23.658 after Article 129 of the above-referenced law.***Comment. Thanks to the present Article, the generation of new national taxtechnical regulations in avoided since general, existing rules can be resorted to.CHAPTER VIMPORTSARTICLE 21: Parties registered in this regime shall be exempt from thepayment of import duties or any other duties, special taxes or services for theintroduction of capital assets, and materials to be determined by the authority ofapplication which may be necessary for the execution of activities included in thisregime according to the provisions of Chapter III.The exemptions or the consolidation of rights and duties shall extend to sparedand accesories needed for the star-up and development of the correspondingactivity, and shall be subject to be respective destination certification, which mustcorrespond to the project which generated said requirements.Capital assets, spared, accesories and materials brought into the country underthe provisions stipuled above may only be confiscated, transferred or removedfromn the activity which is the object of the permit once the cycle of the activitynot included in Chapter III, the rights, taxes and duties which may correspond atthat time shall have to be paid.The Application Authority shall establish the practices which guarantee thefulfillment of the provisions hereof.CHAPTER VIROYALTIESARTICLE 22: The Provinces which adhere to the provisions of this law, andwhich collect royalties, until the right of said principle is definitively resolved, maynot collect royalties over and above three porcent (3%) on the “mine-head” valueof the mineral extracted.***Comment. In order to determine which percentage of royalties that provinces adhered to the presentregime are entitled to cash, international existing, competitive levels in this kactivity are to beconsidered. As a result, an adequate, international mean on extracted material has been reached at.CHAPTER VIIPRESERVATION OFTHE ENVIRONMENT22

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