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September 6, 2022
Argentine Tax Authority suspends mandatory disclosure regime
On 1 September 2022, the Argentine Tax Authority (AFIP) published in the Official Gazette General Resolution No. 5254/2022 (the Resolution), suspending the mandatory reporting regime implemented by General Resolution No. 4838/2020 (Resolution 4838).
On 20 October 2020, AFIP issued Resolution 4838 establishing a mandatory reporting regime for domestic and international arrangements (planificaciones fiscales, in Spanish) implemented since 1 January 2019 or implemented before that date if the effects of the arrangements subsist as of 20 October 2020. Under Resolution 4838, taxpayers that participate in any domestic or international tax-planning arrangements, or tax advisors that participate (directly or through related parties) in implementing tax-planning arrangements, must comply with the mandatory reporting regime. Tax advisors do not have to comply with the mandatory reporting regime if they invoke professional confidentiality and report that option to the AFIP. Taxpayers, however, may waive professional confidentiality. For more information, see EY Global Tax Alerts, Argentina implements mandatory disclosure rules, dated 21 October 2020, and Argentina's tax authorities launch the "Régimen IPF" service to ensure compliance with mandatory disclosure regime, 7 January 2021.
General Resolution No. 5254
The Resolution suspends the mandatory reporting regime for 60 calendar days beginning on 1 September 2022.
The Resolution notes that courts have, in several cases, held in favor of various Professional Councils of Economic Sciences of Argentina, suspending the mandatory reporting regime for tax advisors until a final judgment is issued. As a result, AFIP considers it appropriate to modify the regime to make it more effective and efficient.
For additional information with respect to this Alert, please contact the following:
Pistrelli, Henry Martin & Asociados S.R.L., Buenos Aires
Ernst & Young LLP (United States), Latin American Business Center, New York
Ernst & Young LLP (United Kingdom), Latin American Business Center, London
Ernst & Young Tax Co., Latin American Business Center, Japan & Asia Pacific