Worldwide Capital and Fixed Assets Guide 2019 Capital expenditures represent one of the largest items on a company’s balance sheet. This guide helps you to reference key tax factors needed to better understand the complex rules relating to tax relief on capital expenditure in 31 jurisdictions and territories. The content is based on current information as of February 2019 unless otherwise indicated in the text of the chapter. The tax rules related to capital expenditures across the world are constantly being updated and refined. This guide is designed to provide an overview. To learn more or to discuss a particular situation, please contact one of the country representatives listed in the guide. The Worldwide Capital and Fixed Assets Guide provides information on the regulations relating to fixed assets and depreciation in each jurisdiction, including sections on the types of tax depreciation, applicable depreciation rates, tax depreciation lives, qualifying and non-qualifying assets, availability of immediate deductions for repairs, depreciation and calculation methods, preferential and enhanced depreciation availability, accounting for disposals, how to submit a claim and relief for intangible assets. For the reader’s reference, the names and symbols of the foreign currencies that are mentioned in the guide are listed at the end of the publication. This is the second publication of the Worldwide Capital and Fixed Assets Guide. For many years, the Worldwide Corporate Tax Guide has been published annually along with two companion guides on broad- based taxes: the Worldwide Personal Tax Guide and the Worldwide VAT, GST and Sales Tax Guide. In recent years, those three have been joined by additional tax guides on more specific topics, including the Worldwide Estate and Inheritance Tax Guide, the Worldwide Transfer Pricing Reference Guide, the Global Oil and Gas Tax Guide, the Worldwide R&D Incentives Reference Guide and the Worldwide Cloud Computing Tax Guide. Each guide is the result of many hours of tax research. They are available free online along with timely Global Tax Alerts and other Preface publications on ey.com or in the EY Global Tax Guides app for tablets. You can also keep up with the latest updates at ey.com/GlobalTaxGuides. EY contacts EY Global Rob Weber [email protected] +1 212 773 5590 EY Americas Scott Mackay [email protected] +1 202 327 6069 EY EMEIA Katie Selvey-Clinton [email protected] +44 20 7951 3723 EY Asia-Pacific Jamie Munday [email protected] +61 2 9276 9087 Contents Argentina Australia Brazil Canada China (mainland) 6 12 24 30 38 Demark Finland France Germany Greece 46 50 55 60 65 India Ireland Italy Japan Kuwait 69 74 79 86 91 Malaysia Mexico Netherlands Nigeria Norway 94 102 108 115 121 4 Worldwide Capital and Fixed Assets Guide 2019 Portugal Russia Saudi Arabia Singapore South Africa 126 133 141 145 150 South Korea Spain Sweden Turkey United Kingdom 160 168 173 178 184 United States Contacts 191 200 Worldwide Capital and Fixed Assets Guide 2019 5 Argentina EY contact Gustavo Scravaglieri +54 11 4510 2224 [email protected] At a glance Terminology used by jurisdiction to describe the recovery of capital and fixed assets Tax depreciation Does the tax treatment follow book/ statutory accounting depreciation? Yes, with respect to movable property Range of rates used 0%–100% Depreciation method used to calculate tax deduction Straight-line, although other methods can be used with supported technical reasons 6 Worldwide Capital and Fixed Assets Guide 2019 Argentina 1. Entitlement to claim Legal ownership is required to entitle a claim to tax depreciation. 2. Allocation of tangible assets to tax depreciation lives and rates Several tax opinions have expressed that if a movable asset is part of a building but does not constitute a sole unit with the building in terms of functionality, a different tax depreciation method applies (e.g., machinery and equipment). The tax legislation only provides a 2% rate of tax depreciation per year for immovable property (except for land). Calculations must be performed on a quarterly basis. For other assets, the tax legislation does not provide any lives or rates. In general terms, accounting criteria are followed to calculate tax depreciation. However, other criteria could be adopted if there are technical reasons that support such adoption. In the General Instruction (SDG ASJ-AFIP) 7/2012, the tax authorities expressed that given the lack of particular rules, to calculate the tax depreciation of movable assets, it should be understood that the probable useful life refers to a reasonable estimation. In this regard, the concepts of obsolescence and efficient useful life should be considered when making the calculation. 2.1 Assets that qualify for tax depreciation Specific fact patterns may determine different depreciation rates. The useful lives and depreciation rates indicated below are a general indicator. Asset type Useful life for tax Type of tax depreciation method Applicable tax Comments depreciation rate Plant, machinery and 10 years (except for Straight-line method 10% Other methods could equipment industrial plants, be used, e.g., units of which may be production depreciation regarded as buildings) method or units of time depreciation method, and other depreciation rates could be applied if supported by technical reasons. Buildings 50 years Straight-line method 2% A higher rate could be applied if a lower useful life could be proved. Furniture, fittings or 10 years Straight-line method 10% Other methods and fixtures rates could be used if supported by technical reasons. Computer hardware 3 years Straight-line method 33% Other methods and rates could be used if supported by technical reasons. Computer software 3 years Straight-line method 33% Other methods and rates could be used if supported by technical reasons. Aircraft 5 years Straight-line method 20% Other methods and rates could be used if supported by technical reasons. Worldwide Capital and Fixed Assets Guide 2019 7 Argentina Asset type Useful life for tax Type of tax depreciation method Applicable tax Comments depreciation rate Transport other than 5 years Straight-line method 20% Other methods and motor cars rates could be used if supported by technical reasons. Motor cars 5 years Straight-line method 20% Other methods and rates could be used if supported by technical reasons. Car parks 50 years Straight-line method 2% A higher rate could be applied if a lower useful life could be proved. Office equipment 10 years Straight-line method 10% Other methods and (including office furniture rates could be used if and fixtures) supported by technical reasons. Agricultural machinery 8 years Straight-line method 13% A higher rate could be and equipment applied if a lower useful life could be proved. 2.2 Assets that do not qualify for tax depreciation Types of assets Explanation Land In general, costs would be added to the value of land. The specific case should be reviewed. 2.3 Noteworthy items Preliminary costs — architect fees, legal fees, planning Preliminary costs (startup costs) can be deducted in the year in which they were incurred or amortized over a maximum term of five years, at the taxpayer’s option. Land remediation — removing asbestos, Japanese knotweed According to some interpretations, if the cost is considerable, it should be added to the cost of the land. Otherwise, it could be added to the cost of the assets to be depreciated located on such land. Own labor capitalized Not deductible 2.4 Availability of immediate deductions for repairs There are no rules that allow any asset to be written off in its entirety in the year of acquisition. Nevertheless, a particular analysis of each case should be performed. If there is a reasonable justification, for example, based upon a professional opinion that may support the entire depreciation of the asset, the possibility to apply these criteria could be considered. 8 Worldwide Capital and Fixed Assets Guide 2019 Argentina Description Detail Repairs Not considered an asset, in this regard, they are deducted in the fiscal year they are accrued. Items of a revenue N/A nature The tax legislation provides for the concept of repairs and defines the concept of “improvements.” In this regard, repairs that may involve the simple maintenance of the asset are considered as expenditures and, therefore, are deductible as expenses. On the other hand, improvements are disbursements that do not qualify as ordinary repairs that involve the simple maintenance of the asset. They imply an increase in the value of the good by at least 20%. In addition, doctrine has expressed that, to qualify as improvement, this expense should increase the useful life of the asset. Pursuant to income tax law, improvements are not deductible as expenses in the year of accrual. They would be capitalized and depreciated over the life of the asset. Tax depreciation may differ from the accounting depreciation used in the financial statements. 3. Depreciation and calculation methods Methods used Straight-line is the preferred method, but the other methods can be used if supported by technical reasons. Frequency Daily, monthly or annual basis The tax legislation is only specific regarding the tax depreciation calculation for immovable property. For other assets, accounting criteria are followed or even other criteria could be adopted if there are technical reasons that support it. Therefore, tax depreciation could be calculated on a daily, monthly or annual basis, depending on the case. Year of acquisition The Income Tax Law (ITL) provides, in the case of immovable property only, that tax depreciation must be calculated on a quarterly basis. As no provisions are stated to calculate the tax depreciation for other assets, accounting criteria or any other criteria according to each case could be adopted.