Knowledge Economy Law: the 10 changes

The Government works against the clock in a rule that allows to specify more precisely the activities and improve the distribution of incentives
Por iProUP
Innovación
28.01.2020 • 17:24hs • Innovación

On the work tables there are printed sheets, highlighters, notebooks, calculators and officials maintaining heated conversations, at all times. The computers are on, with Word and Excel, in which each measure is written and its impact is calculated in numbers.Telephones ring frequently and requests for definitions are heard: business chambers and companies follow minute by minute. They want to know firsthand what changes the new Law of Knowledge Economy will bring.The work is time trial. Indeed, not only the Secretariat team created for this sector is dedicated to the task, but also personnel from other units of the Ministry of Productive Development.The objective: to arrive on February 5, date on which the extraordinary sessions of the Congress begin, to present the draft modification to a regulation that, despite the consensus of all the forces, had some issues to correct, according to the current administration .- First, as the Government clarified, the lack of greater specificity in what is "knowledge"- Second, the inequality between SMEs and large companies or multinationals- The third, and fundamental, design based on an unrealistic economic outlookThus, the technical teams of Productive Development analyze a dozen scenarios in which each of the measures could impact, with two objectives: that it contributes more development to the companies of the sector and that the fiscal effort is less - there is talk of reducing it a 30% - to which the original standard posed.The 10 changesOne of the plugs that will fit more tightly in the "equalizer" of measures is that of equity. That is, the benefits have a greater impact on small and medium companies but without harming unicorns."How are we going to go against Mercado Libre that generates a lot of quality employment, is a source of innovation and its commitment is to financial inclusion, by allowing any business to accept cards," is heard in the corridors of Irigoyen 250.In this way, Productive Development works on the following items:1.- Employment and exports: instead of maintaining the number of employees or the volume of sales abroad raised by the original standard, the increase of these items between 2% and 5% every two years will be required, in order to maintain regime2.- New fund: the original law requires the allocation of 1.5% of the annual tax benefits to the Entrepreneurial Capital Fund (FONDCE) and another 4% for the audit of the regime. Now, it aims to create a "Knowledge Fund" that groups both items but reversing the equation: more resources to promote programs and actions of the Ministry of Knowledge Economy and, as a counterpart, less for control3.- Fiscal stability: it is one of the most thorny issues. The original rule establishes the non-increase for 10 years of national, provincial and municipal taxes. Now, "it will be diagrammed so that this benefit does not contradict the Emergency Law," sources reveal to iProUP. The term could be reduced to 5 years4.- Federalization: an incentive will be proposed for those companies that open subsidiaries outside the big cities, such as Capital and Greater Buenos Aires. In this way, we will seek to diversify the productive matrix in the interior5.- Tax scales: "The objective is to divide into two groups - large companies and SMEs - to provide differential benefits. The latter will be given greater incentives. The purpose is to generate more impact on the smaller ones and those that require longer periods to consolidate your business (such as bio or nanotechnology)6.- Level of knowledge: the "old" norm stipulates that a company must dedicate 70% of its activity to the promoted items. The problem is that small and medium do not reach that minimum. By virtue of this, the new regulations propose a special treatment. The keyword is "progressivity"7.- Double taxation: for the moment, the tax credit will be maintained for similar taxes paid abroad (VAT or Profit, for example)8.- Reduction of social burdens: "This point is in contradiction with the Emergency Law, so it is under analysis", reveal high sources. Indeed, the original standard established a non-taxable minimum of $ 17,000 for each employee, but the Solidarity Law reduced it to $ 7,0009.- Limit of benefits: there will be no ceiling for companies but, rather, a tax quota: a maximum of benefits in general. It is defining how much corresponds to SMEs and how much to the larger ones10.- Training: the training of new professionals was not contemplated in the Law. Now, on the other hand, "the aim is to create a Human Capital Directorate to promote programs that build capacities in all industries that require professionals linked to the Knowledge Economy: The 111 Thousand Plan (to generate that number of profiles), will be replaced with several programs to train experts in various disciplinesIn this way, the draft of the project is taking shape and it is expected that during March it will become Law and - finally - the registrations in the regime of promotion of the Knowledge Economy will begin.Winners and losersThe news of the suspension had been received as a bucket of ice water for companies that had been adjusting their plans to enter the registry that would allow them to access tax benefitsAt the moment, the only ones that "dodged" are the computer companies for a technicality: being inscribed in the registry of the Software Law, which splices with the one of Knowledge Economy, they continue with the incentives of the norm that governs since 2004 .The rest of the companies must wait for the new law and its subsequent regulation. This delay may give the government "oxygen" in fiscal terms, but at the same time it negatively impacts the firms that had planned to join the regime in January.Sebastián M. Domínguez, partner of the SDC Tax Advisors study, explains to iProUP that the delay for the registration to the new registry triggers the following "immediate effects":- Tax Credit Bonus: "It was going to be 1.6 times the amount of employer contributions to employees in general and twice for those with a doctor's degree. Since they cannot start their enrollment, they cannot start enjoying this benefit, "notes the taxpayer- VAT: "Unable to access the Certificate of exclusion of withholdings and perceptions of VAT, the company will have a balance in favor that would be immobilized"- Earnings: "If the regulation is in April, the firms would only enjoy the reduced rate from the year subsequently initiated. In this way, they would lose an important benefit if their closures are January, February or March 2020"Although it is a negative issue for companies that already met the requirements, this "shuffle and give again" is a second chance for electronics SMEs that produce solutions called "Industry 4.0", one of the items that was intended incentivize the original law.According to the Chamber of Electronics and Lighting Engineering Companies (CADIEEL), many of the firms in the sector "come from the iron". That is, they commercialized hardware, and now "they want to add layers of knowledge.""We understand that the concept of main activity is going to be reviewed allowing some form of progressivity so that SMEs that want to digitalize and move from a traditional industry to one of knowledge and thus access some of the benefits," Guillermo Freund explains to iProUP, of the Electronic Committee of CADIEEL.And he adds: "The previous Government recommended us to create another company, something really unfeasible when there are already structures with engineering and development areas that cannot be duplicated or unlinked to create another society.""Perhaps they can reach the percentage of 70% within five years," they acknowledge from the entity, while anticipating that a flexibilization of the requirements would allow "Argentina to achieve a privileged place in industry 4.0 at the regional level."This sector - made up of some 2,200 SMEs - is developing Internet of Things solutions, sensors, automated machinery (industrial and agricultural), sustainable equipment and smart city solutions, among other issues.In addition, you can create almost 100,000 high-value positions (between engineers and technicians) of the current 60,000. That is, the same amount that today represents the software industry and almost half of the 215,000 jobs that the original Law calculated to generate for the sector to total almost half a million professionals.Meanwhile, in the Government they analyze the side effect of each point of the draft without blurring the original spirit of the Knowledge Economy Law: that this value-added industry represents US $ 15,000 million in exports over the next few years. equal the agricultural complex in the current context of "famine" currency.

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