Regulation of Software Law
On the 16.09.2013, decree N° 1315/2013 was published in the Official Bulletin. This decree regulates the law of promotion of the Software Industry N. 25.922, which highlights the value this sector of the Industry has for national development.
The validity of the promotional regime introduced by the Software Law (“New Regime”) extends now until 31.12.19. It is worth pointing out that those who want to benefit themselves with the new provisions; will have to fulfill the requirements and conditions established by law 26.692. Those who enjoy the benefits of the “old regime” (provided by law 25.922) should take into account that the valid period will close on the 17.09.14. This rule allows the users to continue with the benefits that were already provided; by giving the possibility of ratifying the “new regime”, but the users will have to comply with the new requirements.
Only the “legal persons” which develop, as their main activity, the Software industry and the provision of IT services; will have the possibility to receive the benefits of the “new” Software Law. The applicants should comply with these requirements among others:
– spend on research and software development.
– export an amount that represents at least 8% of total annual sales .
One important point of the Software law is that it establishes that the benefits will only be applicable to the activities that are being promoted by this resolution. In the case where the beneficiary performs other commercial activities; the company should have separate accounting.
Some of the fiscal benefits specified by law are regarding “Fiscal stability:” (The beneficiaries cannot have their fiscal responsibilities increased) and a 60 percent reduction of income taxes.