Member Article

TAX AUTHORITIES

1. What are the main authorities responsible for enforcing taxes on corporate transactions in your jurisdiction?

At the federal level, the tax authority is the Federal Administration of Public Revenue (Administración Federal de Ingresos Públicos). At the provincial and municipal level, there are local tax authorities for each province or municipality.

Pre-completion clearances and guidance

2. Is it possible to apply for tax clearances or obtain guidance from the tax authorities before completing a corporate transaction?

Local regulation grants taxpayers the possibility to submit, before the transaction is performed, a binding consultation with the Tax Authority. Certain formal requirements must be met, such as the obligation to submit the consultation before the taxable event is triggered or before the pertinent tax return should be filed. The resolution issued is binding for both the Tax Authority and the taxpayer, until any of the following occurs:

• The applicable legislation is amended.
• The Tax Authority revokes its opinion and gives notice of its revocation to the taxpayer (the revocation produces effects as from the notice date).
• The taxpayer appeals the resolution and, as a result of it, the Tax Authority revokes it.

Issues regarding double taxation treaties, withholding or collecting regimes or issues that have been raised in a tax audit or tax assessment procedure cannot be consulted under this procedure. Taxpayers can also submit a non-binding consultation. These are not binding for the Tax Authority; however, if the criteria followed in the resolution are modified by the Tax Authority and a claim is made, it is less likely a penalty will be applied to the taxpayer. Advanced pricing agreements are not applicable in Argentina for transfer pricing purposes.

MAIN TAXES ON CORPORATE TRANSACTIONS

Transfer taxes and notaries' fees

3. What are the main transfer taxes and/or notaries' fees potentially payable on corporate transactions?

Stamp tax. Key characteristics. Stamp tax is a local tax that is levied by the provinces and the City of Buenos Aires on private written agreements and other onerous juridical acts. The tax is applicable in the jurisdiction where the agreement is executed or where the acts or agreements take place or produce effects, and where the assets they relate to are located. Generally, the taxable base is the economic worth or value of the agreement. For stamp tax to be applicable an "instrument" must be executed (...)

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