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In brief

By Decree 433/2023 and General Resolution No. 5414/2023 of the Federal Tax Administration (AFIP), new benefits were established until 31 October 2023 for companies that enter into price agreements — or adjust the existing ones — with the Secretary of Commerce.


In focus

By Decree 433/2023, published on 26 August 2023, the government established new benefits, exemptions, and extensions until 31 October for companies that enter into price agreements — or adjust the existing ones — with the Secretary of Commerce.

The following benefits were established:

  • The suspension of the payment of some charges (PAIS tax) that may apply to the import of goods included in the tariff item numbers to be established by the Ministry of Economy
  • The reduction to 0% in the rate of export duties for the goods to be determined by the Ministry of Economy
  • The extension for the payment of advances on taxes and social security obligations established by the AFIP

On the other hand, General Resolution No. 5414/2023, published on 4 September 2023, established the procedures to be observed by the parties that have adhered to such agreements to access the benefits established in such decree. Specifically:

  • Beneficiaries must request the characterization “588 – Benefits Management – Price Agreement” by accessing the “Registration System” of AFIP and selecting the option “Characteristics and Special Registers” from the “Special Registers” menu to access the decree’s benefits.
  • A special regime of payment facilities to cancel export duties related to certain goods exported by operations registered between 4 September 2023 and 31 October 2023, inclusive, is introduced. The payment plan will have a financing rate of 5.91% and a maximum of six monthly installments to be paid as of March 2024.
  • Beneficiaries who register definitive imports by certain tariff positions of the Common Nomenclature of Mercosur (NCM) will be authorized to request certificates of non-perception of VAT when these generate a balance in favor of the tax in a sustained manner. Likewise, they will be able to use the certificates of non-perception of income tax in the mentioned import operations.
  • The due dates for VAT and social security contributions have been extended for the fiscal periods of August, September, and October 2023. Payments may be made until 7 March 2024 in the case of contributions and until 20 March 2024 in the case of VAT.
  • Payment facilities plan to regularize VAT and social security obligations, including interest and penalties, if applicable. To adhere to the plan, it will be necessary to enter the service “My Facilities” and select the option “Decree 438/2023 – Special Plan” between 1 March 2024 and 29 March 2024. The financing rate will be 5.91%, the maximum number of installments will be six, and no down payment will be required.

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Author

Martin Barreiro is experienced in various areas of tax law. He is a member of the Buenos Aires Bar Association, the American Chamber of Commerce in Argentina, the Tax Sub-Committee and the Argentine Association of Taxation Studies. His extensive list of publications include "New Argentine Social Security System" for the International Company and Commercial Law Review and "The S.R.L. in the tax planning of US investors in Argentina" for the Economic and Tax Journal.

Author

Esteban Rópolo is a member of the Buenos Aires Bar Association. He was a professor in leading universities in Argentina — including University of Buenos Aires, Argentina Catholic University and Universidad del CEMA — where he taught political economy, foreign trade legal regime and private law. Mr. Rópolo has written a book on competition law and also contributed articles related to his areas of practice.

Author

Victoria Acevedo Freixas is an Associate in Baker McKenzie, Buenos Aires office.

Author

Bernardo Trueba is an Associate in Baker McKenzie, Buenos Aires office.

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