“MSME Electronic Credit Invoices” Regime: The concept of “Large Companies” is readjusted and the procedure to apply for inclusion in such category is established

Legal News - August 1, 2023

On 08.01.2023, the Federal Administration of Public Revenues (FAPR) published the General Resolution No. 5395/2023 (GR 5395), which replaces General Resolution No. 4367, their amendments and supplements’ Article 2 (GR 4367).

The amendments are introduced as a consequence of the issuance of Resolution No. 322 dated 07.27.2023 of the Secretary of Industry and Productive Development of the Ministry of Economy, which amended Joint Resolution No. 1 dated 03.11.2019 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 (JR 1), and, consequently, expanded the universe of “large enterprises” (LE), providing a special deadline for interested parties to apply for the current year.

Accordingly, the LE (those mentioned in Law No. 27.440’s Article 7) will be those whose total annual sales exceed the maximum values established in Resolution No. 220 of 04.12.2019of the former Secretary of Entrepreneurs and Small and Medium Enterprises of the former Ministry of Production and Labor, and its amendments, for the category “Medium section 2” of the sector that corresponds, according to the main activity declared by the taxpayer before the FAPR..TheAFIP will annually update the companies obliged to the regime, informing those in such situation in its Electronic Tax Domicile (ETD) until the seventh working day of May of each year.

Likewise, it is established that the entities that wish to integrate into this category of LE may request their inclusion in such universe provided that the conditions set forth in the third paragraph of article 1° of RC 1 and its amendment are verified. In case the request for inclusion is favorably resolved by the Secretary of Industry and Productive Development of the Ministry of Economy, the FAPR will be informed of those taxpayers to be incorporated and categorized as LE, who in turn will be informed in the ETD.

You can access the complete GR 5395 at the following link:

For any questions or concerns, please contact:

Liban Angel Kusa: liban.kusa@bruchoufunes.com
Nicolas Nogueira Castellini: nicolas.nogueira.castellini@bruchoufunes.com
Antu Aguilar: antu.aguilar@bruchoufunes.com
Luciana Rodríguez: luciana.rodriguez@bruchoufunes.com
Juan Salvador Mayedonchi: juan.mayedonchi@bruchoufunes.com
Ezequiel Lipovetzky: ezequiel.lipovetzky@bruchoufunes.com
Pablo Martin Muir: pablo.muir@bruchoufunes.com
Daniela Rey: daniela.rey@bruchoufunes.com
Maximiliano Yudica Bartels: maximiliano.yudica.bartels@bruchoufunes.com