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Juan Pablo Menna

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Juan Pablo Menna is a partner in the Tax Practice Group in Baker McKenzie, Buenos Aires. He is a member of the Buenos Aires Bar Association and the Argentine Association of Fiscal Studies, and was a professor in Austral University.

On 6 May 2024, Decree No. 385/2024 was published in the Official Gazette, extending the scope of the Impuesto PAÍS (“PAIS Tax”) to include the acquisition of foreign currency to distribute profits and dividends, as well as to repatriate nonresidents’ portfolio investments, generated from payments received in Argentina for these concepts from 1 September 2019. In addition, the tax will also apply to the subscription of BOPREAL bonds for the previous purposes.

On 2 May 2024, Decree No. 378/2024 was published in the Official Gazette, extending the deadline for repatriating financial assets of at least 5% of the total value of the assets located abroad until and including 31 May 2024.
As a reminder, the applicable Personal Assets Tax (PAT) rates for assets located abroad will be the same as those applicable to assets located in Argentina if taxpayers repatriate financial assets of at least 5% of the total value of the assets located abroad before 31 March of each year and if certain additional requirements are met.

On 27 March 2024, Decree No. 281/2024 (“Decree”) was published in the Official Gazette. The Decree extends the deadline for repatriating financial assets of at least 5% of the total value of assets located abroad from 31 March 2024 to 30 April 2024, inclusive.
As a reminder, the applicable personal assets tax rates for assets located abroad will be the same as those applicable to assets located in Argentina if, before 31 March of each year, taxpayers repatriate financial assets of at least 5% of the total value of assets located abroad and if certain additional requirements have been met.

On 28 February 2024, Regulatory Resolution 11/2024 (“RR 11/2024”) of the Tax Agency of the Province of Buenos Aires (TABA) was published in the Official Gazette of the Province of Buenos Aires. The resolution regulates the additional advance payment (“Additional Advance Payment”) on gross income tax (GIT) established in Article 136 of Law 15,479 (Tax Law 2024), which establishes that taxpayers who comply with the parameters established in the RR 11/2024 shall pay an additional GIT advance payment equal to four times the amount of tax determined in the advance payment for the month of October 2023.

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 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.