On 15 August 2023, Resolution No. 5403/2023 was published in the official gazette. Through this resolution, the Federal Tax Authority reduced the collection regime for certain transactions covered by the Tax on the Acquisition of Foreign Currency from 25% to 5%. The resolution will apply to operations carried out as of 15 August 2023.
On 24 July 2023, Decree No. 377/2023 was published in the Official Gazette. By means of the Decree, tax shall apply (i) at the rate of 25% on the acquisition of foreign currency for payments to be made for any type of service provided from abroad, with certain exceptions; (ii) at the rate of 7.5% on the acquisition of foreign currency for payments to be made for freight services and other transport services for import or export operations of goods; and (iii) at the rate of 7.5% on the acquisition of foreign currency for payments to be made for the import of goods (with certain exceptions).
On 30 March 2023, General Resolution 5,339 was published in the Official Gazette, by which the Federal Tax Authority modified the value added tax and income tax advanced payment regime on the importation of certain goods until 31 December 2023.
On 13 October 2022, Decree No. 682/2022 and Resolution No. 5272/2022 were published in the Official Gazette. With respect to certain transactions covered by the Tax on the Acquisition of Foreign Currency, the Federal Tax Authority added a new Collection Regime at a rate of 25% to the acquisition of foreign currency for certain payments through the Resolution.
By means of the Decree, payments for the (i) acquisition abroad of personal, cultural and recreational services (not including education), in accordance with the Central Bank of Argentina regulations, and (ii) the import of goods listed as “sumptuous” are also levied by the Tax at a rate of 30%.
By National Law No. 27,686, published on 19 September 2022, the “Regime for the Development and Strengthening of the Argentine Auto Parts Industry” was created, granting tax and customs benefits to manufacturers of vehicles that use national auto parts and to manufacturers of auto parts in Argentina. The law sets forth the following tax and customs benefits: (i) accelerated amortization of capital goods and infrastructure works, excluding civil works not related to the industrial process; (ii) anticipated refund for the VAT corresponding to the investment made; and (iii) reduction of export duties to 0% up to 31 December 2031.
Resolution No. 625/2022 of the Secretary of Energy included new hydrocarbon ventures in the regime of tax and customs benefits created by Law No. 19,640 for the Province of Tierra del Fuego. The Regime refers to the Special Custom Area and includes: a) exemptions of federal taxes applicable to activities or operations to be performed in the Special Custom Area or upon goods located in the Special Custom Area; and b) customs benefits applicable to the reception or delivery of merchandise that a company located in the Special Custom Area can make from or to companies located in any of the other operative areas. The exemptions apply to income tax, value-added tax and excise tax.
General Resolution (AFIP) 5228, published in the Official Gazette on 7 July 2022, established the rules for the payment of the tax on online gambling. The rates applicable for the payment of the Tax were set forth by Decree 293/2022, published in the Official Gazette on 2 June 2022. The Resolution also included the list of the non-Argentine residents in charge of organizing/operating the online gambling subject to the Tax.
On 9 June 2022, Joint General Resolution No. 5205/2022 of the Federal Tax Authority and the National Mining Secretariat was published in the Official Gazette. Such resolution repeals Joint General Resolution 4428/2019 and sets the new regulatory framework applicable to subjects that have borne, in a fiscal year and in national jurisdiction, a total tax and/or tariff burden higher than what would have corresponded for being beneficiaries of the tax stability provided in Article 8 of the Mining Investment Law, and wish to request the refund or crediting of the amounts paid in excess according to the provisions of paragraph c) of Article 4° of Annex I of Decree No. 1,089 of 7 May 2003.
By means of Decree 293/2022 published on the Official Gazette on 2 June 2022, the Executive Branch ruled the tax on online gambling.