Modifications to the “MSME Electronic Credit Invoices” Regime

Legal News - July 28, 2023

On July 27, 2023, the Secretary of Industry and Productive Development of the Ministry of Economy issued Resolution 322/2023 (Resolution 322) by means of which modifications were made to the regime provided for in Law No. 27.440 (Law 27.440).

Principally, Resolution 322 provided:

(i) To extend from August 1, 2023 to September 30, 2023 the term established for the cancellation and acceptance (Articles 4, 5 and 6 of Law 27.440), as well as the term to reject of “MSME Electronic Credit Invoice” (FCE) and its registration in the FCE Registry, keeping it at 21 calendar days.

(ii) That, until September 30, 2023, the FCE Regime will not be applicable with respect to the original vouchers (invoice or receipt) issued by a Micro, Small or Medium Company to a “Large Company” that are assigned under the terms of Article 1618 of the Argentine Civil and Commercial Code (ACyCC) before being cancelled, rejected or accepted – expressly or tacitly – by the recipient thereof.

(iii) Substitute Article 1 of Joint Resolution No. 1 dated March 11, 2019 of the former Secretary of Productive Simplification and the former Secretary of Entrepreneurs and Small and Medium Enterprises, both of the former Ministry of Production and Labor. Accordingly, it determined: (a) that “Micro, Small and Medium Enterprises” will be considered those whose total annual sales expressed in pesos do not exceed the maximums of Article 1 of Resolution No. 220/2019 of the former Secretary of Entrepreneurs and Small and Medium Enterprises of the former Ministry of Production; and those that are registered in the “Registry of MSMEs” (RMSME) with a valid “MSME Certificate”; (b) that companies that have applied for registration in the RMSME and have not been issued the certificate for exceeding the sales ceilings as established in Articles 8.3, 8.4 (with respect to economic groups) and 9 of Annex I of the aforementioned resolution, may request to cease to be considered as Micro, Small and Medium Enterprises and be included in the universe of “Large Enterprises”, for the purposes of Law 27.440, establishing the deadline to make such request.

(iv) To establish that those companies that are excluded from the universe of “Large Companies” during the year 2023, by virtue of the annual update published for such purpose by the Federal Administration of Public Revenues (FAPR,) will cease to be subject to the FCE regime as from the first business day of the month of September following such publication, extended to August 31, 2023.

You can access the complete resolution at the following link:

For any questions or concerns, please contact:

Liban Angel Kusa:
Nicolas Nogueira Castellini:
Antu Aguilar:
Luciana Rodríguez:
Juan Salvador Mayedonchi:
Ezequiel Lipovetzky:
Pablo Martin Muir:
Daniela Rey:
Maximiliano Yudica Bartels: