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October 24, 2022
2022-6016

Argentina issues new regulations on 'tax for an inclusive and supportive Argentina'

  • The Argentine Government published Decree 682/2022 which broadens the taxable transactions subject to the “tax for an inclusive and supportive Argentina.”

  • In addition, through Resolution 5272/2022, Argentine tax authorities have increased the reverse withholding taxes applicable on certain transactions subject to the “tax for an inclusive and supportive Argentina.”

On 13 October 2022, the Argentine Government published in the Official Gazette, Decree 682/2022 (the Decree) which incorporates new transactions subject to the “tax for an inclusive and supportive Argentina” (tax on the purchase of foreign currency).

On the same date, the Argentine tax authorities published General Resolution No. 5272/2022 that incorporates new provisions regarding the reverse withholding tax on purchases of foreign currency established by General Resolution No. 4815/2020.

Background

On 23 December 2019, the Argentine Government enacted Law 27,541. Among the changes implemented, this tax reform law established a new tax on certain purchases of foreign currency, including the purchases of foreign currency without a specific purpose by Argentine residents, purchases of goods or services from abroad or purchases by Argentine residents abroad through credit or debit, and purchases made online through portals or virtual websites in foreign currency, among others.

Under those rules, both Argentine individuals and entities performing taxable purchases were subject to the tax at a 30% rate, except for the purchase of digital services, which were subject to an 8% rate.

On 16 September 2020, the Argentine tax authorities published General Resolution No. 4815/2020 which imposed a 35% (later increased to 45% for certain transactions) reverse withholding tax on transactions subject to the tax on the purchase of foreign currency, with a few exemptions.1

Decree 682

The Decree extends the scope of transactions subject to the tax on purchase of foreign currency. From 13 October 2022 and onwards, purchases of foreign currency for the payment of the following transactions will also be subject to the tax:

  • Acquisition abroad of personal, cultural or recreational services (not including educational services), or the acquisition of those services in Argentina when provided by nonresidents.
  • Importation of certain luxury goods identified in Annex I of the Decree by the respective tariff code.

Entities authorized by the Central Bank to exchange foreign currency will act as collection agents of the tax.

Resolution 5272

The Resolution clarifies that the acquisition of personal, cultural or recreational services detailed in the Decree will not be subject to the reverse withholding tax on purchases of foreign currency.

In addition, the Resolution incorporates an additional reverse withholding tax of 25% applicable on:

  • Purchases of goods acquired abroad with credit and debit cards and other equivalent payment systems for an amount of more than US$300 per month.
  • Purchases of travel tickets and tours acquired in foreign currency.
  • Imports of luxury goods identified in Annex I of the Decree by the respective tariff code.

Argentine individuals are entitled to use the new additional reverse withholdings as a prepayment of Personal Assets Tax or claim the refund if not registered as taxpayers. Argentine entities will be able to use the additional reverse withholdings against corporate income tax.

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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

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Endnotes

  1. For more information on these taxes, see EY Global Tax Alerts, Argentina makes sweeping changes to tax laws, followed by regulations implementing recently enacted tax reform, dated 8 January 2020, and Argentina establishes new reverse withholding regime applicable to certain purchases of foreign currency, and goods and services from abroad, dated 22 September 2020.
 
 

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