What are the legal requirements for online sale in Argentina?There are different aspects to take into account that they go beyond the tax issue and that has to do with the business model and copyright for online sale.
So that your online sales business is completely in order in Argentina and you can sell online, you have to meet two essential requirements.
Registration in the AFIP for online sale
The first step is to be registered in the Federal Public Revenue Administration (AFIP).There are two ways to do it:
As monotributista for sale online
It is a legal figure within the simplified regime that brings together, in a monthly fixed fee, VAT tax.
Only those natural persons that:
The amount of the monthly monotax fee will depend on factors such as annual business income, electrical consumption and surface affected by the activity.To know which category it corresponds to you for online sale, you can check the simplified monotax regime.If you want to register as a monotributist for online sale, we share the step by step detailing the AFIP.
As responsible for online sale
For those who exceed the categories that are set for monotributistas, there is another legal figure called responsible registered that serves online sale.This figure, unlike the monotax, applies to both natural and legal persons, and they must pay the following taxes:
To register as responsible for online sale, you can consult the steps to follow in the general regime presented by the AFIP.
Existen diferentes opciones impositivas para la venta online.Demonstration of form 960/d for online sale
This is an interactive form composed of a QR code that allows you to know the fiscal data of an online sales trade.By law, it must be placed in a visible place inside the main page of the online sales store.
To request this form for online sale, enter form 960/d and followed step by step.Fulfilling these fiscal requirements, you can have an online sales business completely in order.To deepen this aspect we recommend that you contact a professional on the subject.
I defined the best type of company for your online sale
When creating an online sales business, one of the first issues you have to solve is what type of company you will establish.In many cases, it may be an individual venture for online sale but there are also others in which more than one person is involved.
Therefore, it is necessary to understand what the legal form of the online sales company will be, that is, the legal framework in which the business is constituted.
To define among the different types of online sales companies in Argentina, it is important that you ask yourself:
Types of companies for online sale
Now, we present the different types of existing companies for online sale so that, once this initial research is done, you start your business idea.
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Individual entrepreneur for online sale
The most common for small online ventures, which are just beginning and consisting of a single member, is to register in AFIP as a monotributista.
The other option, for those online sales businesses that exceed the maximum amounts that can be billed being monotributist.
It is between two or more people for online sale
Let's look at some of the most common forms of association for small and medium online sales companies:
de Responsabilidad Limitada (SRL)
Its main characteristics for online sale are the following:
Anónima (SA)
Its main characteristics for online sale are the following:
por Acciones Simplificada (SAS)
This is one of the most recent types of existing companies in the country.It allows you to create your company in a day in a simple, agile and digital way for online sale.It is simple because it includes the opening of a bank account, a new CUIT and a basic capital of two minimum, vital and mobile salaries.
It is agile because your society for online sale can be constituted by a single partner and the object of your business can be wide (which will save update efforts if your project grows in the future).And it is also digital: signatures, books and powers are handled via online.
Choosing a type of society that suits the needs and objectives of your online sales company is indispensable to start a business with the right foot.Therefore, we recommend that you advise with a professional.
La venta online debe cumplir normas legales para operar.Protection under the copyright of your online store
Internet copyright is a controversial issue.In principle, it is understood that copyright as it is worth in the offline world is equally valid in the online and is governed under the Intellectual Property Law 11.723, a law of the year 1933.
For online stores there is the possibility of protecting the design and comprehensive content of the site (texts, images, videos) to the extent that it is proper, making the deposit before the National Directorate of Copyright.
While registration is not mandatory, it is advisable.
Images for an online store
In relation to the images, if you do not have your own illustrations or photographs you can access an image base, whether paying or free.In this case, the important thing is that you read the limitations of use that each platform establishes.Some are more restrictive than others.
Another alternative is to use images that are protected under Creative Commons, which are licenses that authors can choose free and free, publish on the Internet through an HTML code and determine how they want their works to be shared on the Internet.
Musical works for an online store
Finally, another topic that must be taken is the use of musical works for trailers, which are now very fashionable, or promotion videos.In general, video channels such as YouTube are attentive to unauthorized uses and discharge (or directly prevent them from sharing) videos with protected songs under the copyright.
SADAIC is the collective management society that manages the national and foreign musical works in Argentina.This means that if you want to use a work by an artist you have to keep in mind:
In the same way that with the images, a good alternative for this case is to go to audio banks, both free and payments.For example, YouTube has a very complete audio library, in which you will be able to find music and sound effects with different types of use permits.
YouTube ofrece recursos musicales que se pueden usar para la venta online.Basic online sale rules
We already tell you what are the legal requirements for online sale in Argentina.Now we want to deal with some key documents that every brand that adds to online sale must contemplate: the terms and conditions, privacy policies and the use of cookies.
Terms and conditions for online sale
This is the contract par excellence that establishes the rules of the game of the site that is being sailed.The word "contract" often scares or gives the idea of something complex but the reality is that we all make contracts daily, when we travel in a public transport medium, when you buy a candy, etc.., so contracts are part of our daily lives.
A simple and concrete wording for online sale is suggested;Enough of long and cumbersome documents that nobody reads.To help you in the writing, I answered the questions:
Answering these questions you will have the basics that this document must contain, so it will be a good starting point for online sale.It is important to clarify that the contract generates the obligation in its compliance for both parties and between the parties only, not with respect to third parties.At the points of "what/who/for what" we are contemplating the essential elements of a contract, which cannot be missing because otherwise the contract is void.
It is essential to include the limit of responsibility.How far does the seller respond?Faced with what contingencies respond?This is a clause that has every contract.
Privacy policies for online sale
This part cannot be missing, especially in online sales stores that require customers to register to buy.This document has its reason for being in the Personal Data Protection Law, which asks expressly:
cookies
cookies are files that are downloaded in the browser of each user who is visiting an online sales website, in order to store data from that person who can be updated and recovered by the person responsible for their installation for different uses.
They were born with online stores, rather with the shopping cart, which allows us.
cookies collect information to establish user profiles, know preferences and tastes that serve to customize advertising or conduct statistical studies.If your store uses cookies, you have to explain to those who clearly visit what cookies are, what kind of information they collect, what is their goal and how they can be deactivated.
You need to have an express consent and also give visitors to choose whether they prefer navigation with or without cookies, knowing the consequences.Fulfilling all these issues, which are not impossible, your store will be complying with the law and your company will grow on a solid and responsible basis.
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