Complementary information regime for international operations.

On December 27, 2022, the General Resolution (AFIP) Nr. 5306/2022 which establishes a new regime of complementary information on international transactions.

It expressly repeals General Resolution No. 4838/2020, called the tax planning information system, which was highly questioned because it contained provisions on the liability of administrators and professionals involved in international operations.

The information to be provided to AFIP under the new regime only covers international operations.

The subjects included in the following paragraphs are obliged to report the following information a), b), c) and d) of the first paragraph of article 53 of the Income Tax Law, (corporate subjects) in their transactions with:

1- Foreign related parties. They include: legal entities or affectation estates or trusts, and related permanent establishments located abroad.

2 – Transactions carried out with independent parties domiciled, incorporated or located in non-cooperating jurisdictions or low or no tax jurisdictions.

Exempt from the reporting obligation are those subjects that have the characterization of Micro, Small or Medium Enterprises.

In addition, the following transactions must be reported:

  • Cases related to permanent establishments in the country that, due to their global business activities, may be subject to income tax in Argentina.
  • Situations or acts that could constitute cases of international double non-taxation.
  • Acts or business involving the transfer of profits to other jurisdictions.
  • Examples of schemes or agreements by which one or several subjects could be relieved from the obligation to report or be reported (CRS or FATCA) are listed, although not in an exhaustive manner.
  • Business restructurings that imply that some of the subjects are outside the scope of the country-by-country reporting regime.
  • Indirect disposal of assets or rights in accordance with Article 15 of the Income Tax Law.
  • Operating concessions involving the economic transfer of capital.
  • International leasing operations resulting in a financial loan.
  • Payments by a non-profit entity to a foreign entity.
  • When tax advantages are obtained from a series of transactions listed in the standard.

The content of the information to be presented with respect to international operations and the identification data of the transactions is established.

The aforementioned information must be submitted within the period for filing the income tax return.

The total or partial non-compliance with the requirements of the norm will only be subject to the sanctions provided by the tax procedure law. As explained above, this rule eliminates the liability of the administrators and/or professionals involved.

As in the case of the repealed regulation, the receipt of the information does not imply the Tax Authorities’ agreement on the tax treatment of the reported international transactions.

This provision is effective as of 12/27/2022 and will be applicable for the presentation of information corresponding to fiscal years closed as of 08/01/2022.

For any questions related to the new regime for the control of International Operations, please contact:

Cecilia Goldemberg |